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HomeMy WebLinkAboutResolution - 2368 STATE OF CALIFORNIA ) RESOLUTION NO. 2368 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ADOPTING CODE ENFORCEMENT POLICIES TO BE USED FOR PROPERTY RELATED COMPLAINT FOLLOW-UP AND REMEDIATION WHEREAS, it is the goal of the Code Enforcement section to obtain voluntary compliance from the public, to educate the public on Code Enforcement issues, and to improve the quality of life in San Jacinto; and WHEREAS, it is important that a uniform policy be established for City Code Enforcement Officers to follow when handling Code Enforcement matters; and WHEREAS, it is necessary that inspection priorities be developed to ensure that all complaints are investigated in a timely manner based upon health and safety concerns as opposed date of receipt; and WHEREAS, it is in the public interest to adopt such procedures and requirements and the public health, safety and welfare will be promoted thereby. NOW, THEREFORE, the City Council of the City of San Jacinto hereby resolves as follows: SECTION 1. The procedures and requirements for the consideration and processing of Code Enforcement complaints as set forth in Exhibit "A" attached to this resolution and made a part by this reference, are hereby adopted. SECTION 2. All prior actions of the City enacting earlier policies are hereby repealed. PASSED, APPROVED and ADOPTED this 15'h day of August 2002, by the San Jacinto City Council by the following vote: AYES: Ayres, Carlson-Buydos, Good, Conner NAYS: None ABSENT: None �— I'agc 1 of 8 ABSTAIN- None �" Ci�}r of San Jacinto By ,l( ) Conner, Mayor ATTEST Dorothy L. houinard, City Clerk Pagc 2 of EXHIBIT "A" CODE ENFORCEMENT POLICIES San Jacinto Building & Safety Division PURPOSE The Code Enforcement Officers of the City of San Jacinto are required to follow these procedures. It is important that a uniform policy be established, and at the same time allow for individual discretion in handling Code Enforcement matters. Code Enforcement Officers shall obtain the advise of the appropriate supervisor and any necessary discretion as may be needed from time to time when handling delicate Code Enforcement issues. The general goal of the Code Enforcement section is to obtain voluntary compliance from the public, educate the public on City code issues related to this department, and to improve the quality of life in San Jacinto. PROCEDURE It is the goal of the Code Enforcement Division to obtain voluntary compliance through a three-step process. • Education • Notification Enforcement I. COMPLAINTS Code Enforcement Officers receive complaints from the public, other City Departments, City Council, and other internal and external government agencies. It shall be City policy to respond or otherwise investigate any alleged complaints that may be received, and to determine which department has the responsibility and authority to enforce. It is also the responsibility of City employees to direct the public to the appropriate department or agency where assistance can be obtained. The procedure for handling a complaint is as follows: 1. Complaints may be received by telephone, mail, in person in the office, or in the field. All complaints shall be entered on the approved Code Enforcement complaint form the day the complaint is received, or by the following business day. As much information as possible regarding the complaint shall be entered onto the Code Enforcement complaint form. Health and safety violations observed by the Code Enforcement officer when on field patrol shall be investigated immediately. For minor violations, the officer may use an alternative method of recording and documenting violations observed in the field. 2. When receiving a complaint, the name, and phone number of the complainant shall be required. Anonymous complaints will not be accepted. The complaint's name, and address, or phone number is considered confidential information. This information shall not be given or revealed to anyone without the approval of the City Attorney. However, the information may be provided to other departments or City employees for the purpose of handling the complaint, or portion thereof. If this is the case, the officer shall advise the other department(s), or employee that the informant's name, address and phone number is confidential. If the complaint is referred to a different department the Code Enforcement Officer shall advise the reporting party of the name and individual to whom the case has been referred. 3. All complaints shall be investigated. The priority rating for response time shall be based on the following criteria: RESPONSE TIMES Priority 1 Within the first 24 hours from the time received (Saturday, Sunday, or Holidays Excluded). Priority 2 Within 3 Working Days. Priority 3 Within 5 Working Days Priori 1 • Construction Noise + immediate Hazards + Unsecured Vacant Buildings Persons Unlawfully Living in Campers or Trailers • Illegal Dumping in Progress • Stagnant Swimming Pools • Signs on the Public Right-of-Way when observed by the Code Enforcement Officer • Signs, Banners, Flags, Pennants or Balloons being erected without a permit (in progress) • Vendors and Peddlers on Public Right-of-Way when assisted by the Police Department • Vendors and Peddlers on Private Property. • Fences or other structures being built or erected in violation of the Zoning Ordinance (in progress) • Special Events requiring a Special Use Permit Request for service by the City Council, City Manager, or other City or Government Office or Agency • Sewage/Septic Leaks Parking Violations (Fire Lane, Handicap Etc.) • Substandard Housing Inspections Priority 2 Garage Conversions assisted by the Building Department • Weed Abatement • Landscape Violations • Property maintenance violations: Trash, Debris, Weeds, Boats and Trailers in the front yard & inoperative vehicles • Encroachment in Public Right-of-Way. Priori 3 • Violations of the City's Design Standards • Illegal Use of Property in Violation of Zoning Ordinance, including Home Occupations • Rooftop or Large Tethered Helium Balloons • Banners and Similar Devices and Signs in Violation of the Sign Ordinance • Portable signs on Private Property Window Sign Violations 4. Prior to responding to a complaint, the Code Enforcement Officer shall review any background information that maybe required in order to effectively investigate the complaint. This may include, but not be limited to: Prior Code Enforcement history, records check for permits or licenses, property and/or tenant information, and SNOW possible code sections that may apply to the violation_ This procedure may not be practical for complaints that have been observed during patrol. 5_ Field notes shall be written and/or recorded on a voice recorder. Voice transposed into written form as soon as possible. R. FIELD INVESTIGATIONS Each officer shall maintain an approved daily field investigation log. Each inspection and follow-up inspection shall be recorded on the log. Officers working in the special project areas shall also document time spent on each inspection. Vehicle abatement inspections shall also be recorded on the daily log. The procedures for conducting inspections are as follows: 9. Make contact with the responsible party at the violation location if at all possible. 2. Provide identification as a "Code Enforcement Officer". The Code Enforcement wallet badge shall be displayed if the person contacted questions the identification or the authority to issue a citation. Examples are: Vehicle abatement investigation, towing or citing a vehicle; inspection of vacant property; illegal �,, dumping in progress, peddler or vendor enforcement; inspecting property secured by the police or fire department; and nuisance abatement actions. 3. Identify the person(s) responsible for the violation and/or the individual or entity that has authority or control over the premises. 4. If access to the property is necessary to investigate, permission to do so shall be requested. Ensure that the person from whom access is requested has the legal authority to give the consent. (Minors do not have the authority to give consent.) 5. If a violation is confirmed, the Code Enforcement Officer shall explain the nature of the violation and suggest possible corrective measures, and establish a specific abatement period. In most cases, not less than ten (10) working days shall be given to correct the violation. In no case, shall more than thirty (30) days be given without sufficient progress being made and verified. In some cases, immediate compliance may be requested. Extensions may be granted on a case-to-case basis. 6. If the violation is confirmed, issue a Notice of Violation for noted violations to the person responsible and/or in control of the property or responsible for the violation. Compliance deadlines for multiple violations may be noted with different time frames for each violation. If nobody is at home, place notice of violation in a conspicuous location. The person will be requested to sign the notice, but is not required to. The purpose of the notice of violation is to clearly identify to the violator what the violation is, what the violator must do to comply, and when compliance is due. It also establishes a written record leading to a citation. However, in some cases, the violator may offer to correct the violation immediately, within a few hours, or by the following day. In those cases, it shall be the officer's discretion whether or not to issue the notice of violation. The officer shall document all compliance agreements made. The officer may use photographic evidence as necessary_ 7. The officer shall notes in the Code Enforcement file as to the date inspected, what was observed, or not observed, with whom contact was made, and any actions to be taken. II1. FOLLOW-UP INSPECTIONS 1. Follow-up inspections shall be made on the re-inspection date or within a reasonable amount of time thereafter. 2. Each inspection shall be noted in the officer's daily log sheet Inoperative or abandoned vehicle related inspections should also be logged into the Officers' AVA Log. 3. If no violation exists, the case is considered closed. Due to the 1%W nature of the complaint some cases may be left open for monitoring. 4. Upon returning to the office, the officer shall update the pertinent information in the Sierra system. The Code Enforcement officer shall input the appropriate "status, date received, closed date, and the applicable ordinance". 5. Cases requiring reinspection, shall be kept by the officer in their "tickler" file for follow-up. Closed cases shall be given to clerical staff for filing. IV. WHEN TO ISSUE CITATIONS 1. Citations are generally issued as a last resort. Procedures for issuing a citation are outlined in the San Jacinto Municipal Code Section 1.20.010. Citations can be issued to the property owner, person committing the violation, or person in control of the business or property. The appropriate supervisor shall be advised when deemed necessary of any pending citations to be issued. The following are examples for appropriate situations where an immediate citation is in order: a. The violator has been given prior warnings or notices to comply, and has ignored the requests for compliance, or has made no attempt to contact the City to discuss the matter. b. Prior citations for the same violation have been previously issued to either the same violator or business. c. The violator informs the City representative they do not intend on complying, even after several attempts have been made to obtain voluntary compliance. d. Violations that are considered health and safety violations and pose an immediate hazard (dumping, hazardous materials, sewage spills, etc.). IV. CITATION PROCEDURES 1. When issuing a citation, the citing officer shall request identification; this should be a California I.D. card, or driver's license_ If positive I.D. cannot be established from the field, the officer will contact the San Jacinto Police Department to assist with I.D. (A positive identification must be obtained in order to issue a court citation.) 2. When issuing an administrative citation, requesting police assistance shall be at the discretion of the code enforcement officer. 3. Appearance dates on citations shall be within 6 weeks from the date of issuance. 4. If a person refuses to provide the citing officer I.D., identify themselves, or to sign the citation, the citing officer shall make every attempt to convince the person to cooperate. If that fails, the Officer shall contact the San Jacinto Police Department for assistance, if possible. At no time, shall the Code Enforcement Officer use physical force to arrest or detain the subject. 5. If the person still refuses to cooperate after contact with the police, the Code Enforcement Officer shall refer the matter to the City Attorney requesting that a criminal complaint be prepared. 6. After a citation is issued, the citing officer shall file a copy of the citation with the municipal court, with copies of any prior notices, and a copy of the code section violated. This shall be completed by the following business day. 7. Misdemeanor and/or infraction citations shall be filed in the same manner as infraction citations, except that a detailed report shall accompany the misdemeanor citation. 8. The Code Enforcement Officer under special circumstances may void a citation prior to filing. V. REFERRALS TO THE CITY ATTORNEY 9. As an alternative to issuing a citation, the Code Enforcement Officer may refer a case to the City Attorney to request that a criminal complaint be filed against the violator(s). The necessary form shall be used for this purpose. An officer's report outlining the details of the case shall be included with the request. The approval of the appropriate supervisor must be obtained prior to referring the case to the City Attorney, VI. SPECIAL ASSIGNMENTS Special assignment enforcement by one or more officers may be necessary to accomplish the City's goals. In general, all Code Enforcement Officers shall have full authority to enforce those sections of the codes that this department is responsible to enforce. Completion time frames of special assignments from the appropriate supervisor shall be explained to the Code Enforcement Officer. It may be necessary to re- assign an Officer's complaints to another officer or delay an inspection enforcement action in order to complete a special assignment within the expected time frame.