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repealed.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.