Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: MAY 14, 2024
SUBJECT: CODE ENFORCEMENT PROGRAM UPDATE
EXECUTIVE SUMMARY
The City Council will discuss an update regarding the Community Development Department - Code Enforcement Division’s accomplishments and its proactive code enforcement program that began in 2023. The report update will demonstrate progress towards enhancing the effectiveness and efficiency of the Code Enforcement Division’s efforts. The report also outlines the key components of a proactive code enforcement program and provide examples of the day-to-day tasks that the Code Enforcement Division is undertaking to achieve the City Council’s goal of enhancing neighborhood beautification.
RECOMMENDATION
That the City Council:
Discuss an update regarding the Community Development Department - Code Enforcement Division’s accomplishments and its proactive code enforcement program that began in 2023.
BACKGROUND
The Code Enforcement Division plays a critical function within the City’s operations. The Division is aimed at ensuring residents and businesses comply with land use, building standards, health and safety codes, and other regulations to maintain community standards, preserving property values, and ensuring public safety. While traditional and prior code enforcement efforts in Downey has been reliant on responding to complaints or identifying violations during inspections, proactive code enforcement takes a strategic approach by actively seeking out violations and addressing them before they become serious problems.
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ANALYSIS
Code Enforcement Division Staffing
The City’s approach to code enforcement shifted in 2023 to align with the City Council’s direction to comprehensively address the maintenance of properties in the City, at a Citywide level. To assist in accomplishing the goal, during the Fiscal Year 2023-2024 budget adoption, the Code Enforcement Division staffing was augmented by funding one (1) full-time Senior Code Enforcement Office and two (2) part-time Code Enforcement Officers. This augmented staff was added to the existing staff positions of: three (3) Code Enforcement Officers, one (1) Code Enforcement Supervisor, and one (1) Administrative Clerk II.
The Code Enforcement Division faced staffing challenges between August 2023 and April 2024, as there were vacancies in the Code Enforcement Supervisor and Code Enforcement Officer positions, and a temporary change in the Division’s administrative assistance. However, as of April 2024, all positions in the Division have been filled.
Components of a Proactive Code Enforcement Program for Downey
A proactive code enforcement program for Downey is essential as the enforcement team can identify and address violations before they escalate, prevent blight and foster a safe and vibrant community. The components of a proactive code enforcement program include:
1. Comprehensive and Up-to-Date Municipal Codes;
2. Education and Outreach;
3. Data Analysis and Targeting to Assist with Identifying Community Deficiencies and Monitoring Progress;
4. Regular, Accessible and Flexible Patrols and Inspections;
5. Enforcement Actions;
6. Partnerships and Collaboration; and
7. Use of Technology and Innovation.
The following sections expand on the City’s approach to carrying out a proactive code enforcement program.
1. Comprehensive and Up-to-date Municipal Codes
Clear and comprehensive municipal codes are essential for providing a foundation for proactive code enforcement efforts. They promote compliance, consistency, and fairness in enforcement actions, while also safeguarding public health, safety, and welfare.
Maintaining up-to-date codes ensures that cities can effectively address the needs of their
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communities and uphold standards of quality and livability for all residents. In FY 2024- 2025, Code Enforcement Staff will work alongside the Planning Division to identify code updates that will enhance and facilitate the proactive actions of Code Enforcement.
2. Education and Outreach
Code enforcement outreach and education are essential for informing residents and businesses about local regulations governing property maintenance, zoning, health, safety, and community standards. These efforts involve distributing educational materials, hosting workshops, and utilizing various media channels to raise awareness of compliance with local ordinances. The goal is to engage proactively with the community, to enhance their understanding of a property owner’s responsibilities with the goal of improving the community’s quality of life. By taking an educational approach, the City will foster collaboration with constituents, encouraging voluntary compliance and a cooperative resolution of lacking property maintenance and code violations. This proactive approach not only improves the community’s aesthetic standards but also enhances safety and quality of life. Some recent Division accomplishments include:
• Presented Code Enforcement’s Role in monitoring and enforcing conditions of approval and, operational and property maintenance requirements at the “Best Practices for Businesses Services Alcohol Workshop” (November 2023; Planned - May 2024)
• Referred approximately 15-20 residents with code and property maintenance violations to the City’s Housing Rehabilitation Program (On-going; during inspections and at Public Counter)
• Presented Code Enforcement’s role in the community (On-going Interdepartmental meeting, Caltrans, commercial shopping center, property inspections; Team-Up to Clean-Up event on May 4, 2024; Property Referrals to the Rotary Club for service project(s); Planned - May 2024 Neighborhood Watch Meeting Presentation(s) Staff preparation and training is also an important component of education and outreach.
Staff training ensures that staff has the knowledge and understanding of the City’s goals, especially pertaining to the Code Enforcement Division and also so that staff have the proper safety training and tools. Recent accomplishments in this area include:
• Code Enforcement Officer Safety (Planned by June 2024) • Police Radio Etiquette and Training
• All officer outfitted with professional coordinated work uniforms • Mobile Device Updates
3. Data Analysis and Targeting to Assist with Identifying Community Deficiencies and Monitoring Progress
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Data analysis allows the Division to identify patterns, trends, and areas of concern within the community. By analyzing historical data on code violations, complaints, and enforcement actions, staff can pinpoint specific neighborhoods, properties, or types of violations that require attention. To enhance these efforts staff has engaged with City staff and a consultant to assist with using Geographic information systems (GIS) technology to map and visualize data, identifying hotspots and areas with high concentrations of complaints and violations. This spatial analysis will help prioritize resources and target proactive enforcement efforts where they are most needed.
In FY 2023-2024, staff has emphasized the use of data analysis to provide valuable insights into the effectiveness of the City’s code enforcement efforts and is monitoring progress over time. By tracking key performance indicators such as compliance rates, enforcement actions taken, and outcomes of enforcement actions, City staff will be able to more specifically evaluate the impact of proactive interventions and adjust strategies as needed.
Overall, data analysis and targeting serves as a powerful tool for the Division to identify community deficiencies, focus resources where they are most needed, and monitor progress towards achieving compliance with municipal codes and regulations.
Some recent CE Division accomplishments in data gathering in this topic area include:
Table 1
FY 23-24 Code Enforcement Service Request By Type
Telephone
Calls for
Service
Public
Counter
Visits
Online Service
Requests
Email
Requests for
Service
Total of All
Requests
for Service
Total 6,845 434 132 324 7,735
Regular, Accessible and Flexible Patrols and Inspections
4. Regular, Accessible and Flexible Patrols and Inspections
To better serve the residents and businesses outside of regular weekday City Hall business hours, the Code Enforcement Division provides extended weekend service hours. Having code enforcement services available on weekends encourages residents and businesses to work together with officials to tackle pressing code enforcement related activities such as:
• Unpermitted vendor / catering truck enforcement
• Identification of new “hot spot” encampment; address life and safety related clean- ups
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• Monitoring of commercial business’ operations and address lacking property maintenance
• Monitor vacant lots and buildings and coordinate with Police as needed • Address temporary banners; removal of flyer & posters, in coordination with Public Works when located in public right-of-way
• Readily address unpermitted construction and dilapidated residential property conditions
The new code enforcement schedule reflects additional hours on the weekend and one day during the week:
Current Schedule
Monday – Friday: 7:30 a.m. to 5:30 pm
Saturday: 7:30 a.m. to 5:30 p.m.
Sunday: No Coverage
Additional staff training is being completed over the next three weeks and effective June 1,2024, a new schedule will be implemented as follows;
New Schedule
Monday, Wednesday, Thursday, 7:30 a.m. to 5:30 p.m.
Tuesday: 7:30 a.m. to 7:00 p.m.
Friday: 7:30 a.m. to 7:00 p.m.
Saturday: 7:30 a.m. – 7:00 p.m.
Sunday: 10:00 a.m. to 7:00 p.m.
5. Enforcement Actions
As staff continues to proactively address code violations, the Code Enforcement Division informs constituents of the “due process” that is part of code enforcement in the City, as shown in the diagram in Attach A:
Recent accomplishments in this area include:
• Proactive monitoring of City parks and collaboration to arrest decline in park conditions
• Proactive monitoring and weekly citywide encampment of "hot spot" locations. • Proactive monitoring and weekly and Bi-weekly cleanups – Rio San Gabriel Riverbed
• Proactive monitoring of key commercial street intersection and shopping centers for unpermitted vendor enforcement
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• Proactive canvassing of City for vacant lots and buildings; addressing dilapidated property conditions with property owners in collaboration with Fire, Police and Public Works, as needed; creation of a vacant property/lot tracking list. • Proactive canvassing of unkempt commercial property and commercial centers to address: signage, debris accumulation, dilapidated building conditions • Partnering with the Planning Division and Police to address compliance with Police Permits for Live Entertainment, Food Trucks, and compliance with Entitlement Conditions of Approval
• Installation of new signage at City Parks and Civic Center that prohibits “abandoned belongings” allowing for swift clean-ups and removals
6. Partnerships and Collaboration
The Division has assumed a more prominent role, fostering collaboration with various City departments such as Public W orks and the Police Departments. Moreover, the Code Enforcement Division has fostered stronger partnerships with agencies such as Caltrans and Union Pacific Railroad to tackle encampment issues effectively.
Weekly City-wide clean-up initiatives targeting encampment "hot spots" have been organized, supplemented by bi-weekly targeted clean-ups. The proactive surveillance of City parks and identified encampment "hot spot" locations remains a priority. These clean- up endeavors are conducted in coordination with partners like the Southern California Health and Rehabilitation Program (SCHARP), a non-profit organization that services cities in the Gateway Region.
Furthermore, the City is recruiting a Homelessness Solutions Manager and refining its new Homeless Outreach model and the Code Enforcement Division remains committed to leverage staff resources to tackle this community wide issue. On average, the Division commits 15 hours per week to addressing clean-up activities, underscoring their dedication to improving the quality of life in the City while provided referrals to much needed resources to those in need.
In a proactive effort to mitigate health and safety risks, the Code Enforcement team is diligently proactively contacting property owners of neglected vacant lots and buildings.
Through these vigilant monitoring and preemptive measures, staff aims to abate the nuisances that these unkempt vacant lots and buildings create in the City. Code Enforcement staff acknowledges that neglected properties often serve as magnets for illegal activities, thus, regular proactive surveillance ensures that these areas remain well- maintained, secure, and compliant with City codes.
7. Technology and Innovation
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In April 2023, in an effort to modernize and increase efficiency within the Code Enforcement Division, the Code Enforcement Division operations transitioned to a new software application known as Comcate, a tracking software for local government agencies to assist with case management. The Comcate software features cloud-based case management which enables officers to access the application in real-time from an iPad, tablet, or laptop for increased field mobility, as well as enhanced reporting by zone and district for code issues (hot-spots). Code enforcement officers currently use iPads and mobile devices to assist with reporting in the field.
By June of 2024, all code enforcement officers will have the capability to print and issue citations in the field. The hand-held mobile printers feature the ability to communicate in real-time to transmit citation data and photos, as well as receive Code Enforcement case updates without having to return to the office.
Additionally, staff has started the process of planning for the creation of a GIS platform to display up-to-date information regarding Code Enforcement activity in the City. This system will integrate the data captured in Comcate, the City’s code enforcement case management system, into an interactive GIS map for internal and public use. Internally, the system will allow the Division to expeditiously create reports and custom maps tailored to the Division’s needs, including reporting out on various types of cases, including “hot spot” encampments, vendor enforcement, and vacant property monitoring, etc. A public- facing real-time dashboard, will allow residents the capability to view code enforcement activities, reported encampment site locations, and associated clean-up efforts.
Conclusion
A proactive code enforcement program is essential for maintaining community standards, protecting public health and safety, and preserving the overall quality of life in the City of Downey. With the implementation of the above-mentioned components, the City can proactively address code violations, prevent blight, and foster a safe and vibrant community for all residents.
CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure
Efficiency & Adaptability
Public Engagement
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENT
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Attachment A: Code Enforcement Process
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5. Criminal ProsecutionIf necessary, the City staff may direct the City Prosecutor to pursue criminal prosecution may as a last resort to mandate compliance with Municipal Codes.
1. Proactive case, or reported complaint initiated; if verified, proceeds to Courtesy Notice:•The initial step is a field inspection to proactively identify or confirm, based on a complaint, that a violation exists.•One "Courtesy Notie" is issued whcih serves to educate the party on Municipal Code requirements, indicating a specific timeframe by which the violation(s) must be corrrected. The goal of the "Courtesy Notice" is to gain voluntary compliance. •The timeframe to comply varies depending on the severity of the violation; for example a life and safety isssue requires immediate action wheras outside storage with visible debris could be allowed up to seven (7) days to comply and extension are considered on a case by case basis.•If compliance is not achieved, within the given timeframe inthe Courtesty Notice, the process proceeds to the issuance of Notice of Violation2. Issuance of Notice of Violation (NOV):•A NOV advises the recipient that a code violation has not been corrected within the timeframe provided in the "Courtesy Notice".Up to two (2) NOV's can be issued at this step. •The timeframe to comply varies depending on the severity of the violation; for example a life and safety isssue requires immediate action wheras outside storage with visible debris could be allowed up to seven (7) days to comply and extension are considered on a case by case basis.•A NOV specifies a deadline for correction, indicating that failure to comply will result in an "Administrative Citation".3. Issuance of Administrative Citation(s):•If the violation is not corrected within the given timeframe in the NOV, the case proceeds to escalating fines within the Administrative Citation process per DMC 1406.•Up to three (3) Administrative Citations may be issued, with escalating penalties for non-compliance as follows:•1st Citation: $100; 2nd Citation: $200; and 3rd Citation: $500•If the party fails to comply, then the case can proceed to a hearing before a Hearing Officer or the party may request an Office Conference4. Administrative Hearings / Civil Litigation In extreme cases where compliance is not achieved through the Administrative Citation process, the party may appeal the citation, to be heard by a Hearing Officer.
If the Hearing Officer upholds the citation, then the party may pursue civil litigation or pay the fines and correct the violation(s) and/or meet with the City staff / City Prosecutor to explore options for achieving compliance.
4. Office Conference with City Prosecutor (and Staff):
The party may instead opt to meet with City staff and City Prosecutor to discuss the violation(s) and explore options for achieving compliance.
Attachment A: Code Enforcement Process