TITLE:
CONDUCT PUBLIC HEARING, INTRODUCE BY TITLE ONLY, AND WAIVE FURTHER READING OF ORDINANCE xxx-2024 AMENDING CHAPTER 6.12 “NUISANCES”, OF THE FORT BRAGG MUNICIPAL CODE DIVISION 6, TO ESTABLISH AND AUTHORIZE CODE ENFORCEMENT COST RECOVERY FEES ISSUE:
Code Enforcement investigations, activities, and abatement enforcement may result in the use of staff resources that include repetitive contacts, including inspections, hearings, property monitoring, document preparation and recording, and other activities, when efforts to gain voluntary compliance are unsuccessful. Municipal jurisdictions are allowed to recover these costs to offset the additional burden regarding staff time and abatement costs when authorized by ordinance. This update to Fort Bragg Municipal Code Chapter 6.12 will establish the city’s authority to recover these costs.
BACKGROUND:
On March 26, 2024 Code Enforcement brought this proposed draft update to Fort Bragg Municipal Code Chapter 6.12 and a separate proposed Vacant Property Registration ordinance before the city’s Community Development Committee for review. The committee gave Code Enforcement direction to proceed to City Council with the proposed ordinance update to Chapter 6.12, for discussion. The ordinance revisions were crafted by and reviewed by City Attorney staff.
On October 15, 2024, City Council received a staff report, discussed, and provided direction to Community Development Department staff to bring the proposed updated ordinance forward for Public Hearing and possible adoption.
ANALYSIS:
Numerous municipalities and counties have adopted cost recovery ordinances to offset the expenses of additional staff time and expenses when Code Enforcement investigations and violations do not result in voluntary compliance by property owners. Additional staff hours can be extensive and necessary due to enforcement actions that include ongoing field inspections and monitoring, repeated contacts with property owners, costs of abatements, document preparation and recordings, and conducting Administrative Hearings. Code Enforcement cost recovery would be similar to allowed fees charged by the Police Department for services and time spent in excessive responses to false alarms.
FISCAL IMPACT:
There will be no initial administrative costs for implementation. Code Enforcement does not foresee this updated ordinance generating significant revenue, but intends to have it available to assist recovery of costs when an enforcement case becomes significantly difficult. Property owners, knowing this additional monetary cost could become a consequence, may view it as a motivational factor to voluntarily bring their property in compliance.
This updated ordinance will not affect or change how Administrative Citations and Administrative Penalties are issued. Additionally, the City’s fee schedule already includes a fee of “costs incurred” for code enforcement actions and so no change to the fee schedule is required.
CONSISTENCY:
The proposed updated ordinance does not present any new issues that would conflict with the City General Plan.
RECOMMENDED ACTION:
Adopt the ordinance
ALTERNATIVE ACTION(S):
Do not adopt the ordinance and provide additional direction to staff Do not adopt the ordinance and end further consideration IMPLEMENTATION/TIMEFRAMES:
This ordinance is being introduced by title only at this meeting. It will be brought back once more to City Council in January as a consent calendar item and will become law 30 days after that.
ATTACHMENTS:
Ordinance No.xxx-2024: An Ordinance Amending Fort Bragg Municipal Code Chapter 6.12 to Establish Code Enforcement Cost Recovery Fees Notice of Public Hearing
NOTIFICATION:
“Notify me” lists for Housing, Economic Development, Central Business District
AGENDA ITEM NO. _____
AGENCY: City CouncilMEETING DATE: December 9, 2024DEPARTMENT: Community DevelopmentPRESENTED BY: George Leinen EMAIL ADDRESS: [email protected]: City CouncilMEETING DATE: December 9, 2024DEPARTMENT: Community DevelopmentPRESENTED BY: George Leinen EMAIL ADDRESS: [email protected] AGENCY: City Council
MEETING DATE: December 9, 2024
DEPARTMENT: Community Development
PRESENTED BY: George Leinen
EMAIL ADDRESS: [email protected]
AGENCY: City Council
MEETING DATE: December 9, 2024
DEPARTMENT: Community Development
PRESENTED BY: George Leinen
EMAIL ADDRESS: [email protected]
AGENDA ITEM SUMMARY