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TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Joel Hockman, Director of Public Safety
SUBJECT: Consideration and possible action to approve the recommended changes to the enforcement process of applicable codes carried out by Code Enforcement personnel; and adopt Resolution No. 22-56 - A Resolution adopting a general policy regarding enforcing applicable law including, without limitation, the Bellflower Municipal Code and directing the City Manager and City Attorney to implement such policy as is practicable; and superseding Resolution No. 08-64.
Date: September 12, 2022
EXECUTIVE SUMMARY
With the recent move of Code Enforcement to the Public Safety Department, staff reviewed and is proposing replacing Resolution No. 08-64, which set general Code Enforcement priorities and processes, with updates consistent with the City’s current priorities. The changes are aimed at streamlining the enforcement efforts to reach timelier resolutions.
With the additional (but limited) involvement of community services officers, there also is an expectation that the collective Public Safety Team will address and resolve more cases overall and more expeditiously.
RECOMMENDATION TO CITY COUNCIL
It is recommended that the City Council consider:
1) Approve the proposed changes to the code enforcement process; and
2) Adopt Resolution No. 22-56; or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The only potential fiscal impact of any significance would occur when a larger number of cases are opened by staff, processed more timely, and then transferred to the City Attorney’s office for any non-compliance that also would occur in greater numbers. The fiscal year 2022-23 code enforcement legal services budget is $153,000. Any necessary budget amendment from the increase in prosecution services will be brought back to the City Council for approval.
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Staff Report – Code Enforcement Process Changes
September 12, 2022
DISCUSSION
Beginning on September 1, 2022, the Code Enforcement Division was transferred from the Planning Department to the Public Safety Department. Staff analyzed existing Code Enforcement processes and is recommending the implementation of certain changes to promote a more timely resolution of (at least most) cases. This involves streamlining compliance demands, involvement of Community Services Officers to assist with enforcement efforts, inter-departmental cooperation with investigation and abatement of violations, and other changes to facilitate more efficient enforcement. The processes proposed below would become the primary path through which most code cases are processed. In certain circumstances, such as life safety or repeat violators, the cases may be forwarded directly to the City Attorney’s office for more immediate handling.
Existing Code Enforcement Process:
Verbal Warning (officer discretion)
10 Day Notice of Violation (standard)
5 Day Notice of Violation (standard)
Certified Notice of Violation (officer discretion)
Administrative Citation(s)
Referral to City Attorney’s Office
Proposed New Code Enforcement Process:
Verbal Warning (officer discretion)
7-day Notice of Violation
Administrative Citation(s)
Referral to City Attorney’s Office
Code Enforcement was also directed to develop specific enforcement protocols and procedures related to sidewalk vendors responsive to the recent addition of BMC § 5.28.080, which authorizes impounding food, wares, and any items for sale by those in violation of the City’s sidewalk vendor ordinance. Sidewalk vendor enforcement is conducted under emergency abatement conditions, which differs from the general enforcement processes in the proposed resolution. Accordingly, draft sidewalk vendor protocols and procedures will also be presented for input.
Beyond mere adjustments to the average case workflow, Resolution No. 08-64 has been serving as the more comprehensive guide to Bellflower Code Enforcement policies and practices (attached). Under general direction from City Council, staff also is proposing a series of revisions to Resolution No. 08-64. Examples of revisions to this document include, but are not limited to: adjustments to type and number of division priorities, de-emphasizing use of infraction/misdemeanor citations – given that administration citations are currently found to be more effective, updating listed guidelines for achieving code compliance, streamlining enforcement procedures, advancing cases to the City Attorney earlier in the enforcement process, use of Community Service Officers to assist Code Enforcement where appropriate, inter-departmental cooperation in Code Enforcement investigation and abatement, etc.
ATTACHMENTS:
Resolution No. 08-64
Proposed Resolution No. 22-56
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CITY OF BELLFLOWER
RESOLUTION NO. 22-56
A RESOLUTION ADOPTING A GENERAL POLICY REGARDING
ENFORCING APPLICABLE LAW INCLUDING, WITHOUT LIMITATION,
THE BELLFLOWER MUNICIPAL CODE AND DIRECTING THE CITY
MANAGER AND CITY ATTORNEY TO IMPLEMENT SUCH POLICY AS IS PRACTICABLE; AND SUPERSEDING RESOLUTION NO. 08-64
THE CITY COUNCIL, ACTING ON BEHALF OF THE CITY OF BELLFLOWER, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A. The City Council seeks to provide general guidance to the City Manager and City Attorney regarding preservation and promotion of public health, safety and welfare when enforcing applicable law including, without limitation, the Bellflower Municipal Code (“BMC”);
B. The City Council previously directed the City Manager and City Attorney to undertake proactive code enforcement efforts to abate blight, hazards, and other violations of applicable law;
C. The further purpose of this resolution is to adopt a city-wide approach to enhance the quality of life for city residents, businesses and visitors by effectively and efficiently enforcing applicable law in order to reduce and eliminate blight, hazards, and other violations; and
D. The City will generally seek voluntary compliance from persons and businesses who violate applicable law including, without limitation, the BMC, uncodified ordinances adopted for regulatory purposes, permits, and other ministerial or discretionary approvals issued by the City.
SECTION 2. Code Enforcement Policy. The Code Enforcement Policy (the “Policy”) attached as Exhibit “A,” and incorporated by reference, is adopted to provide the City Manager and City Attorney general guidance for enforcement of applicable law.
Failure to adhere to the Policy does not invalidate any civil or criminal actions undertaken by City officials for purposes of achieving compliance with applicable law. Nor will failure to adhere to the Policy serve as a defense by any person violating applicable law. The Policy is only intended as an internal document of general intent and direction to the City Manager and City Attorney. Nothing in the Policy is intended to, nor does it, modify or supersede any specific authority granted to the City Manager or City Attorney by separate provisions in the BMC (or California law) to enforce any provision of applicable law.
SECTION 3. Implementation. The City Manager and City Attorney are directed to implement the Policy to the extent practicable. Verbal or written instructions provided by the City Manager or City Attorney to persons authorized to enforce the BMC, and other applicable law, for implementing the Policy is encouraged.
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City of Bellflower
Resolution No. 22-56
SECTION 4. Supersession. All previous policies regarding the procedures for code enforcement are superseded with this Resolution. Repeal or supersession of any previous policy regarding code enforcement including, without limitation, Resolution No. 08-64, will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 5. Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 6. Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Bellflower and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 7. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 8. Effective Date. This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 12TH DAY OF SEPTEMEBR 2022.
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Ray Dunton, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
ATTACHMENT:
Exhibit A – Code Enforcement Policy
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City of Bellflower
Resolution No. 22-56 - Exhibit A
Code Enforcement Policy
1. Mission Statement. Safeguard and promote public health, safety and welfare and preserve real property aesthetics and values in the City of Bellflower by the fair, efficient, and uniform enforcement of applicable portions of the Bellflower Municipal Code (“BMC”).
2. Purpose of this Policy. The purpose of this policy is to provide general guidance for enforcement of the BMC and other applicable law. Failure to adhere to this Policy will not invalidate any actions undertaken by City officials including, without limitation, the City Manager or City Attorney, to enforce the BMC and other applicable law.
3. Applicability. Unless expressly excepted or exempted, this Policy applies to all enforcement of any regulation set forth in the BMC or other applicable law including, without limitation, any franchise, land use approvals, or other valid permit issued in accordance with the BMC. This includes, without limitation, conditional use permits; ministerial permits; maps issued in accordance with the BMC and Subdivision Map Act; and cannabis business permits. To the extent the BMC provides specific procedures for enforcement, those will supersede any conflicting provision of this Policy. Notwithstanding any of the foregoing, this Policy does not extend to enforcement of instruments or policies where the City acts as a market participant rather than a regulatory entity. For example, and without limitation, development agreements adopted in accordance with California law and (as required by California law) ordinance are not subject to this Policy.
4. Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this Policy. Should there be a conflict between these definitions and those in the BMC, the definitions in the BMC will govern.
a. “Compliance Agreement” means an agreement between the City and a person or entity alleged to have violated one or more of the applicable law in which that person (i) agrees to take appropriate corrective action; (ii) promises to make good faith efforts to comply the applicable law at all times; and (iii) agrees to take prompt corrective action if any future alleged violation is brought to their attention by an authorized City official. A Compliance Agreement does not include a settlement agreement or plea agreement that may result from civil or criminal court action.
b. “Day” or “Days” means calendar day or days, unless otherwise stated herein.
c. “Director” means the Public Safety Director, or designee.
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City of Bellflower
Resolution No. 22-56 – Exhibit A
d. “Non-Single Family Residential Property” means (1) any property other than Single Family Residential Property as defined below; and (2) any activity related to a home occupation business.
e. “Notice of Violation Letter” means a written communication issued by the City to a person or entity who is alleged to have violated applicable law notifying that person of all violations and demanding compliance with correcting those violations.
f. “Prior Offender” means a person (i) previously convicted or found liable by a court of law of having violated any applicable law; (ii) a person or entity subject to a Compliance Agreement; (iii) a person or entity complying with applicable law only after a protracted effort by the City to obtain voluntary compliance as determined by the City Manager or City Attorney in their sole discretion; or (iv) a person or entity violating the same or substantially similar applicable law more than twice in a 12 month period.
g. “Single Family Residential property” means any property in any zone upon which a single family residence is located, as defined in the BMC, where the residence(s) are owner-occupied, and excluding any activity related to a home occupation business.
i. “Code Enforcement Inspector” or “Community Services Officer” means those certain public officers and employees of the City authorized to enforce applicable law in accordance with BMC § 1.08.050. Such persons do not include the City Manager or City Attorney who are separately authorized to enforce applicable law in accordance with California statute or the BMC.
5. Priorities. The following are enforcement priorities:
• First, abatement of conditions presenting a significant or imminent hazard to life or property.
• Second, investigation of complaints received from members of the public, in order of receipt.
• Third, monitoring compliance with applicable law by persons by Prior Offenders.
• Fourth, monitoring compliance with maintenance standards for commercial and industrial properties located on major street corridors.
• Fifth, monitoring compliance with maintenance standards for commercial and industrial properties not located on major street corridors.
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City of Bellflower
Resolution No. 22-56 – Exhibit A
• Sixth, monitoring compliance with maintenance standards for multi-family residential properties.
• Seventh, monitoring compliance with maintenance standards for single-family residential properties.
• Eighth, pro-active patrol of all areas of the City, investigating violations observed from the public right-of-way and from private property when consent to enter thereon has been given.
6. Prosecutorial Discretion. Nothing in this policy will be construed as limiting or affecting the prosecutorial discretion of the City Attorney. The City Attorney will look at each case, evaluate it for its legal and factual merits, and take action (or not take action) in accordance with his/her legal and ethical obligations.
7. Multi-Department Cooperation.
a. All Departments within the City will work cooperatively with the Public Safety Department in its enforcement efforts. This includes, without limitation, providing: information or data relevant to investigations; expertise and advice where needed; review and analysis of documentation or other items related to investigations; assistance with abatement of violations using City personnel and resources; or anything else that may promote resolving violations of applicable law.
8. Citation Guidelines:
a. Infraction Citations. A Code Enforcement Inspector or Community Services Officer may, as authorized by the BMC, issue an citation to a responsible person for a violation of the applicable law when the offense does not pose a significant or imminent hazard to life or property, or when the violator is not a Prior Offender. Nothing in this section will preclude a Code Enforcement Inspector or Community Services Officer from issuing more than infraction one infraction citation to a violator.
b. Misdemeanor Citation. A misdemeanor citation may be issued to a responsible person for a violation of the applicable law when, in the sole discretion of the City Attorney, or designee, and as authorized by the BMC, (i) the offense poses a significant or imminent hazard to life or property, (ii) there are multiple current offenses, (iii) the violator is a Prior Offender of the applicable law, or (iv) the offender has indicated his or her refusal to voluntarily abate a continuing violation. Misdemeanor citations are discouraged.
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City of Bellflower
Resolution No. 22-56 – Exhibit A
c. Administrative Citations. An administrative citation may be issued to a responsible person for any violation of the applicable law when, in the discretion of the Director, the City Attorney, or their designees, and as authorized by the BMC, is appropriate to gain compliance with abatement of violations of applicable law. Nothing in this section will preclude a Code Enforcement Inspector or Community Service Officer from issuing separate administrative citations for each individual violation of applicable law, or issuing such citation(s) for each day any violations exists. Administrative Citations may be issued before any Notice of Violation when directed by the Director, City Attorney, or designees. Use of Administrative Citations is encouraged for correcting most violations.
d. Nothing in this policy will create rights in any person to challenge the actions of a Code Enforcement Inspector or Community Service Officer. The alleged failure to comply with any provision of this policy will not be a defense in any court action.
9. Duties of the Public Safety Director. It is the Public Safety Director’s duty to administer this Policy and to conduct the following activities: ꞏ a. Investigate all complaints of alleged violations of the applicable law in a prompt and efficient manner, in the order received and regardless of the source of the reported violation, except in cases of suspected significant or imminent hazards to life or real property, which will be investigated as soon as possible.
The identity of a complainant must remain confidential except as otherwise provided by law or a court order. Records of pending investigations may be withheld from public disclosure in accordance with the California Public Records Act.
b. Promptly refer complaints of alleged violations falling outside the jurisdiction of the City to the Los Angeles Sheriff’s Department, or other law enforcement agency and inform the complainant of the referral and that other agency.
c. Maintain regular but reasonable contact with the complainant throughout the course of the investigation, except in cases where the complainant is anonymous or specifically requests that he/she not be contacted.
d. Maintain a case file for each complaint, including photographs and copies of all related correspondence, citations and notices, and a chronology of all investigative actions taken.
e. Conduct investigations or inspections only from public property, or from private property with the specific and advance permission of the property owner, tenant or occupant, or their agent or representative. If consent to enter private property is denied, then the City must obtain an inspection warrant from the appropriate court with the assistance of the City Attorney before entering the subject property.
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City of Bellflower
Resolution No. 22-56 – Exhibit A
f. Conduct regular patrols of the City to detect violations of the applicable law and cause their abatement.
g. Coordinate the activities of all City Departments to help ensure compliance with applicable law.
h. Refer low-income individuals to City and County sponsored programs designed to improve property maintenance.
i. Conduct inspections for property maintenance and zoning compliance of properties that involve a pending application for a discretionary permits.
j. Establish a program to annually inspect those real properties that received approvals or permits with conditions as provided by the Planning Department.
k. Conduct conferences at City Hall or the Bellflower Sheriff’s Substation with violators where appropriate in the discretion of the Director or City Attorney.
l. Ensure initial contacts and correspondence generated in connection with code enforcement cases use a positive approach to promote voluntary compliance, including the use of City-sponsored programs to improve property maintenance.
m. Complaints received by other officers and employees of other City departments or contract agencies should be forwarded to the officers and employees designated in this policy.
10. Community Services Officers
a. Community Services Officers should, as determined by the City Manager, assist Code Enforcement Inspectors with their investigation and enforcement efforts, including, without limitation, issuing administrative citations for violations of applicable law.
11. Guidelines for Achieving Code Compliance.
a. Voluntary Compliance. If practicable and when furthering the public’s health, safety or welfare, Code Enforcement Inspectors or Community Services Officers must seek voluntary compliance from persons who violate applicable law on private property, except in cases of significant or imminent hazard to life or property. “Voluntary compliance” means a responsible person has been advised in writing of an alleged violation of applicable law on private property and has been afforded a reasonable opportunity to abate said violation.
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City of Bellflower
Resolution No. 22-56 – Exhibit A
Notwithstanding any provision of this policy to the contrary, Code Enforcement Inspectors or Community Services Officers are not required to seek voluntary compliance by the persons listed below, as determined by the City Manager or City Attorney in their sole and absolute discretion. In such instances, the Code Enforcement Inspector, or Community Services Officer, or City Attorney may commence civil, administrative or criminal proceedings to obtain compliance.
1. A person who creates or maintains a significant or imminent hazard to life or property.
2. A person who is a Prior Offender, or who demonstrates a prior history or pattern of failing to comply with the applicable law to the City.
3. A person who commits a violation of applicable law on public property.
4. A person has stated or indicated his or her refusal to comply with applicable law to a Code Enforcement Inspector or Community Services Officer.
b. Enforcement Procedures. In the absence of a significant or imminent hazard to life or property, or other extenuating circumstances, as determined by the City Manager or City Attorney, the Director must adhere to the following timeline with alleged violators:
1. When practicable, initial investigations will be conducted within three days business after receiving a complaint or detection of a possible violation. Any complainants will be contacted in this period as well. Named complainants will be advised of any inordinate delay in initiating an investigation of their complaint.
2. A responsible person will be served with notice of violation(s) by both certified letter and First-Class mail, and (when possible) verbally informed and by posting on property, of the nature of the violation and the required corrective action(s). A compliance period of seven days will be given in the correction notice. That compliance period may be reasonably extended by the Director or City Attorney, in their sole discretion, upon a violator’s showing of substantial good faith progress in his or her compliance efforts or other compelling circumstances. The compliance period will commence three days after the date of mailing or personal service of a notice pursuant to this section, whichever is sooner.
3. If code compliance does not occur within seven days, a Code Enforcement Inspector or Community Services Officer may issue citations as stated in these policies.
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City of Bellflower
Resolution No. 22-56 – Exhibit A
4. If code compliance still does not occur in a timely manner after citations are issued, then the matter will be referred to the City Attorney for additional enforcement proceedings. Such proceedings will be concluded as promptly as the court’s calendar, the rights of the People and the accused, and the rules of civil and criminal procedure, allow.
12. Abatement of Public Nuisance with City Personnel.
a. Where all reasonable efforts to achieve compliance with applicable law are ineffective, the City may, in the joint discretion of the City Manager and City Attorney, seek to abate such violations with the use of City personnel and resources in addition to, or in lieu of, other enforcement efforts by the City Attorney.
b. The use of City personnel and resources to abate violations will be prioritized in the following cases:
i. Where public health and safety are at risk;
ii. Where ongoing efforts to maintain compliance are not required; iii. Where the costs abatement of violations can be recouped with a lien or special assessment on the subject property, or where sufficient assets are available; or
iv. As otherwise deemed appropriate by the City Manager and City Attorney.
13. Miscellaneous Provisions.
a. This policy will not abrogate, modify or limit the City’s exercise of any other remedies, which are cumulative and not exclusive.
b. The Bellflower Municipal Code and any other applicable laws will control over any provision of this policy that is in conflict therewith.
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