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GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.
Objective 1: Develop business practices that welcome new development by streamlining processes.
Objective 2: Provide resources for new businesses to enhance the customer service experience.
FISCAL IMPACT:
None.
ALTERNATIVE(S):
The City Council could take no action.
ATTACHMENT(S):
Attachment 1: Ordinance Repealing IC, Powers to PC (Clean) v2 Attachment 2: DIVISION_4.___INFRASTRUCTURE_COMMISSION(1)
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CITY COUNCIL ORDINANCE NO. 2023-xxx
CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. 2023-xxx
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HEMET REPEALING CHAPTER 2,
ARTICLE IV, DIVISION 4, (INFRASTRUCTURE
COMMISSION) AND CHAPTER 2, ARTICLE IV,
DIVISION 5 (PLANNING COMMISSION) TO
TRANSFER THE FUNCTIONS AND DUTIES OF THE
INFRASTRUCTURE COMMISSION TO THE
PLANNING COMMISSION
WHEREAS, the City of Hemet, California (“City”) is a
municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, the Infrastructure Commission and
Planning Commission have significant overlap in key topic areas including planning for city capital improvement projects; and
WHEREAS, the City Council desires to amend the
City’s Municipal Code to combine the Infrastructure
Commission with the Planning Commission by assigning all its functions and duties to the Planning Commission; and
WHEREAS, the City Council has determined that
assigning the Infrastructure Commission’s functions and duties to the Planning Commission will foster efficiency and
effectiveness.
NOW, THEREFORE, THE CITY COUNCIL OF THE
CITY OF HEMET DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.The above recitals are all true and correct
and are incorporated herein by this reference.
SECTION 2. The adoption of this ordinance is
exempt from review under the California Environmental
Quality Act (CEQA) pursuant to the following, each a
separate and independent basis: CEQA Guidelines, Section 15378 (not a project) and Section 15061 (b)(3) (no
significant environmental impact).
SECTION 3. CHAPTER 2, ARTICLE IV, DIVISION
4. INFRASTRUCTURE COMMISSION is hereby repealed in
its entirety.
SECTION 4. CHAPTER 2, ARTICLE IV, DIVISION
5. PLANNING COMMISSION, is hereby amended to read as
follows:
DIVISION 5. - PLANNING COMMISSION
Sec. 2-246. - Creation.
The city planning commission is created in accordance with the provisions of the Planning Act of the state.
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CITY COUNCIL ORDINANCE NO. 2023-xxx
Sec. 2-247. - Membership; quorum; vacancies; term of
office.
The planning commission of the city shall consist of five members appointed by the entire city council. A quorum for the transaction of business shall be three members, and the majority of those members present shall have the power to decide all matters properly before the commission. Planning commissioners shall serve for terms of four years. Seats on the planning commission shall be numbered one through
five. Upon the effective date of this Ordinance No. XXXX all seats on the current planning commission shall be deemed vacated and the city council may appoint any qualified
person to such seats. The terms of seats one and two shall expire on April 1, 2025, and on April 1 every four years thereafter. Seats three, four and five shall expire on April 1, 2027, and on April 1 every four years thereafter.
Notwithstanding the expiration of a term, members of the planning commission shall automatically continue to serve during a succeeding term unless and until a replacement is appointed by the city council. The terms of planning
commissioners may be terminated prior to expiration at the will and pleasure of the city council. The numbering of the planning commission seats one through five shall not be interpreted to assign any given seat to a particular city council district. Any member of the city council may
nominate any qualified person to any seat on the planning commission subject to approval by a majority of the entire city council.
Sec. 2-248. - Meetings.
The planning commission of the city shall schedule regular meetings at a frequency of not less than two meetings during each month.
Sec. 2-249. Functions and duties.
The functions and duties of the former Infrastructure
Commission, as listed below, are transferred to the Planning Commission. Where the Code makes reference to the
Infrastructure Commission, the Traffic and Parking
Commission or to the Parks Commission, such references
shall be deemed to refer to the Planning Commission and where such reference grants or infers functions and duties for such commissions, those functions and duties shall be
deemed transferred to the Planning Commission.
The Planning Commission shall from time to time review, comment upon and make recommendations to the city council and, as may be appropriate, to the public works department,
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CITY COUNCIL ORDINANCE NO. 2023-xxx
engineering department and community development
department regarding the following items:
(1) Review as necessary and make recommendations to
city council in the development of municipal facility master plans, whether related to infrastructure improvements, parks, or roadways, and similar plans of the city or regional plans (e.g., from WRCOG, RCTC, or SCAG) that will affect the city. (2) Review as necessary vehicular and pedestrian safety measures, including without limitation, the provision of safe routes for pedestrians including disabled persons, city compliance programs related to right-of-way improvements required under the Americans with Disabilities Act and the department of transportation, and related safety measures. (3) Review as necessary, the goals and implementation
measures of the circulation element of the general plan and assist city staff in recommending priority projects to the city council.
(4) Serve as the city's tree board.
(5) Review as necessary the community's need and
standards of care for new parks, open space and recreational facilities as well as the design, development and location of new parks and recreational facilities and landscaping.
(6) Perform such other duties as may be assigned by the city council from time to time.
SECTION 5. Severability: If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance
irrespective of the invalidity of any portion thereof.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.
SECTION 7. Notice of Adoption. The City Clerk shall publish this Ordinance in the manner required by law.
INTRODUCED at the regular meeting of Hemet City Council on , 2023.
APPROVED AND ADOPTED this day of , 2023.
_________________________
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CITY COUNCIL ORDINANCE NO. 2023-xxx
Joe Males, Mayor
ATTEST:
_________________________
John Paul Maier, City Clerk
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the day of 2023
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_________________________________
John Paul Maier, City Clerk
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- SUPPLEMENT HISTORY TABLE
Chapter 2 - ADMINISTRATION
ARTICLE IV. - BOARDS, COMMISSIONS AND COMMITTEES
DIVISION 4. INFRASTRUCTURE COMMISSION
Hemet, California, Code of Ordinances Created: 2023-07-20 15:34:10 [EST] (Supp. No. 66, Update 1)
DIVISION 4. INFRASTRUCTURE COMMISSION1
1Editor's note(s)—Ord. No. 1958, §§ 1, 2, adopted June 25, 2019, repealed the former division 4, §§ 2-221—2-228, and enacted a new division 4 as set out herein. The former division 4 pertained to the park commission and derived from Ord. No. 380; Ord. No. 735; Ord. No. 810; Ord. No. 1396; Code of 1984; Ord. No. 1558, adopted March 25, 1997; Ord. No. 1663, adopted March 26, 2002; and Ord. No. 1775, adopted April 10, 2007.
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Created: 2023-07-20 15:34:10 [EST]
(Supp. No. 66, Update 1)
Sec. 2-221. Purpose and intent.
The infrastructure commission is hereby established by the city council as provided in this division, for the purpose of providing advice and recommendations to the city council, and as appropriate, to the planning commission, public works department, engineering department, and community development department. As provided in more detail in this division, the commission is intended to periodically review and provide comments regarding public facilities and works of improvement that are planned by the city, including without limitation, city parks, open space and other recreational or community facilities, city capital improvement projects, city buildings, facilities, or significant improvements thereto, the city's street system, city trees, as well as master plans and similar plans proposed by the city related to such public facilities and works of improvement. (Ord. No. 1958, § 2, 6-25-19)
Sec. 2-222. General requirements, membership, term and vacancies. (a)General requirements. The infrastructure commission shall be subject to and adhere to the provisions of division 1 (sections 2-161 through 2-165) of article IV of chapter 2 of the Hemet Municipal Code as it may be amended from time to time.
(b)Number of members. The commission shall consist of five voting members, as the city council shall from time to time appoint and who will serve at the pleasure of the city council. (c)Term. Except for the initially appointed members, the members of the commission will serve for terms of two years. The terms of the members and their appointment shall be staggered in one year intervals. Seats on the commission shall be numbered 1 through 5. The initial members in seats 1, 2 and 3, will have a full term of two years and at the expiration of the initial term the seats shall be up for reappointment or appointment of new members. The initial members in seats 4 and 5 will have an initial term of one year and at the expiration of the initial term the seats shall be up for reappointment or appointment of new members.
Thereafter seats 4 and 5 will have terms of two years.
(d)Vacancies. Notwithstanding the term of office to which a member is appointed, said office shall be deemed vacant upon any of the following events ("events of vacancy"), and upon the occurrence of an event of vacancy the city council will declare the office to be vacant and the council will fill the vacancy pursuant to the general process to solicit and appoint commission members:
(1) The death or disability of said member that renders member incapable of performing the duties of office.
(2) The member's conviction of a felony or crime involving moral turpitude. (3) The member's absence from three regular consecutive meetings of the commission in a calendar year, unless excused by majority vote of the commission expressed in official minutes. (4) The member has submitted a resignation to the city clerk which resignation has been accepted by city council.
(5) The membership has been terminated by three affirmative votes of the city council. (6) The membership has been terminated by the appointing council member. (Ord. No. 1958, § 2, 6-25-19)
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Created: 2023-07-20 15:34:10 [EST]
(Supp. No. 66, Update 1)
Sec. 2-223. Operation of the commission.
(a)Frequency, time and place of regular meetings. The commission shall have its regular meeting on the last Monday of every other month on odd months at 4:00 p.m. The city manager shall assign a meeting place for the commission at a city facility based on the availability of space. The city council or commission may by resolution, and a majority vote of its membership, change the regular meeting date or time of the meeting in consideration of the amount of commission business, holidays, and similar considerations. (b)Officers and commission. The commission shall annually select a chairperson and vice chairperson from among its voting members. The chairperson and vice chairperson so selected shall serve a period of one year. The positions of chairperson and vice chairperson are honorary and shall not entitle the persons so selected to any additional stipend or compensation than is already provided under division 1, of article IV of chapter 2 of the Hemet Municipal Code.
(c)Special meetings. The commission may from time to time and in compliance with the Ralph M. Brown Act, hold special meetings at such other time, days and places as called either by a majority of its members at a regular meeting or by the chairperson at such other times based on the need to conduct business before the next regularly scheduled meeting.
(d)Conduct of meetings. The meetings of the commission and notice thereof shall be governed by the same rules and regulations by which the city council is bound in the conduct of the public meetings. (e)Reports and recommendation. The commission shall submit to the city council reports setting forth the commission's comments and recommendations. All reports and recommendations shall be made in writing. (f)Staff support. The city manager may designate such department heads, other staff, clerical support and such other support as the city manager, may from time to time deem reasonably necessary to support the commission in the reasonable exercise of its functions and duties as provided in this division. (Ord. No. 1958, § 2, 6-25-19)
Sec. 2-224. Functions and duties.
(a) The commission shall from time to time review, comment upon and make recommendations to the city council and, as may be appropriate, to the planning commission and to the public works department, engineering department and community development department regarding the following items:
(1) Review as necessary and make recommendations to city council in the development of municipal facility master plans, whether related to infrastructure improvements, parks, or roadways, and similar plans of the city or regional plans (e.g., from WRCOG, RCTC, or SCAG) that will affect the city. (2) Review annually the city capital improvements program and provide comments and recommendations to be forwarded to city council.
(3) Review as necessary, but at a minimum quarterly, the status of planned and active public works projects as presented by city engineering and public works departments. (4) Approve comments and recommendations to be forwarded to the city council regarding citizen complaints, concerns, requests and suggestions relating to traffic and pedestrian safety issues. (5) Review as necessary city studies related to speed limits and make recommendations to the city council. (6) Review as necessary issues related to vehicular and traffic safety and congestion, including without limitation, speed limits, traffic calming measures, roadway design, traffic light timing and synchronization including anticipation of future traffic demands and needed improvements.
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Created: 2023-07-20 15:34:10 [EST]
(Supp. No. 66, Update 1)
(7) Review as necessary vehicular and pedestrian safety measures, including without limitation, the provision of safe routes for pedestrians including disabled persons, city compliance programs related to right-of-way improvements required under the Americans with Disabilities Act and the department of transportation, and related safety measures.
(8) Take reasonable actions intended to assist city staff in educating the public about traffic safety issues. (9) Review as necessary, public transit concerns and issues related to alternative modes of transportation, including without limitation, individual wheeled transportation aids such as bicycles, scooters and wheelchairs and recommendations to city council.
(10) Review as necessary, the goals and implementation measures of the circulation element of the general plan and assist city staff in recommending priority projects to the city council. (11) Review as necessary matters related to public parking, on-street and off-street parking, and related standards and requirements.
(12) Review as necessary proposed improvements within the public right-of-way as submitted to the commission from time to time by city staff.
(13) Serve as the city's tree board.
(14) Review as necessary the community's need for new parks, open space and recreational facilities as well as the design, development and location of new parks and recreational facilities. (15) Review as necessary the standards for care of existing public parks, recreational facilities, public grounds, public streets and public parking places in the city, as well as the care, protection, removal and trimming of trees, shrubs, shrubbery and flowers on such public grounds. (16) Review as necessary city street tree and landscape standards as requested by city staff. (17) Review as necessary formal appeals received from the public in opposition to administrative decisions regarding tree maintenance and removal.
(18) Investigate and recommend plans, ordinances, or resolutions which the commission determines further the public health, safety and general welfare concerning the above items. (19) Where necessary, request recommendations and proposals of the fire department, police department, public works department, engineering department, community development department, the city manager, and the city attorney related to the above items. (20) Perform such other duties as may be assigned by the city council from time to time. (Ord. No. 1958, § 2, 6-25-19)
Sec. 2-225. References to former traffic and parking commission and parks commission.
Where the Code makes reference to either the traffic and parking commission or to the parks commission, such references shall be deemed to refer to the infrastructure commission and where such reference grants or infers functions and duties for such commissions, those functions and duties shall be deemed transferred to the infrastructure commission pursuant to this division.
(Ord. No. 1958, § 2, 6-25-19)
Secs. 2-226—2-245. Reserved.
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CITY COUNCIL ORDINANCE NO. 2023-xxx
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CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. 2023-xxx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEMET
REPEALING CHAPTER 2, ARTICLE IV, DIVISION 4,
(INFRASTRUCTURE COMMISSION) AND CHAPTER 2, ARTICLE IV,
DIVISION 5 (PLANNING COMMISSION) TO TRANSFER THE
FUNCTIONS AND DUTIES OF THE INFRASTRUCTURE
COMMISSION TO THE PLANNING COMMISSION
WHEREAS, the City of Hemet, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, the Infrastructure Commission and Planning Commission have significant overlap in key topic areas including planning for city capital improvement projects; and
WHEREAS, the City Council d esires to amend the City’s Municipal Code to combine the Infrastructure Commission with the Planning Commission by assigning all its functions and duties to the Planning Commission; and
WHEREAS, the City Council has determined that assigning the Infrastructure Commission’s functions and duties to the Planning Commission will foster efficiency and effectiveness.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are all true and correct and are incorporated herein by this reference.
SECTION 2. The adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the following, each a separate and independent basis: CEQA Guidelines, Section 15378 (not a project) and Section 15061 (b)(3) (no significant environmental impact).
SECTION 3. CHAPTER 2, ARTICLE IV, DIVISION 4. INFRASTRUCTURE COMMISSION is hereby repealed in its entirety.
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CITY COUNCIL ORDINANCE NO. 2023-xxx
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SECTION 4. CHAPTER 2, ARTICLE IV, DIVISION 5. PLANNING COMMISSION, is hereby amended to read as follows:
DIVISION 5. - PLANNING COMMISSION
Sec. 2-246. - Creation.
The city planning commission is created in accordance with the provisions of the Planning Act of the state.
Sec. 2-247. - Membership; quorum; vacancies; term of office.
The planning commission of the city shall consist of five members appointed by the entire city council. A quorum for the transaction of business shall be three members, and the majority of those members present shall have the power to decide all matters properly before the commission. Planning commissioners shall serve for terms of four years. Seats on the planning commission shall be numbered one through five. Upon the effective date of this Ordinance all seats on the current planning commission shall be deemed vacated and the city council may appoint any qualified person to such seats. The terms of seats one and two shall expire on April 1, 2025, and on April 1 every four years thereafter. Seats three, four and five shall expire on April 1, 2027, and on Ap ril 1 every four years thereafter. Notwithstanding the expiration of a term, members of the planning commission shall automatically continue to serve during a succeeding term unless and until a replacement is appointed by the city council. The terms of planning commissioners may be terminated prior to expiration at the will and pleasure of the city council. The numbering of the planning commission seats one through five shall not be interpreted to assign any given seat to a particular city council district. Any member of the city council may nominate any qualified person to any seat on the planning commission subject to approval by a majority of the entire city council.
Each member of the planning commission shall, upon appointment and continuing thereafter for their term of service, be a current resident of the City of Hemet or the City of Hemet sphere of influence and have resided in the City of Hemet or the City of Hemet sphere of influence for at least one year prior to appointment. No more than two membe rs of the planning commission shall be current residents of the City of Hemet sphere of influence.
Sec. 2-248. - Meetings.
The planning commission of the city shall schedule regular meetings at a frequency of not less than two meetings during each month.
Sec. 2-249. Functions and duties.
The functions and duties of the former Infrastructure Commission, as listed below, are transferred to the Planning Commission. Where the Code makes reference to the Infrastructure Commission, t he Traffic and Parking Commission or to the Parks Commission, such references shall be deemed to refer to the Planning Commission and
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CITY COUNCIL ORDINANCE NO. 2023-xxx
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where such reference grants or infers functions and duties for such commissions, those functions and duties shall be deemed transferred to the Planning Commission.
The Planning Commission shall from time to time review, comment upon and make recommendations to the city council and, as may be appropriate, to the public works department, engineering department and community development department regarding the following items:
(1) Review as necessary and make recommendations to city council in the development of municipal facility master plans, whether related to infrastructure improvements, parks, or roadways, and similar plans of the city or regional plans (e.g., from WRCOG, RCTC, or SCAG) that will affect the city.
(2) Review as necessary vehicular and pedestrian safety measures, including without limitation, the provision of safe routes for pedestrians including disabled persons, city compliance programs related to right-of-way improvements required under the Americans with Disabilities Act and the department of transportation, and related safety measures.
(3) Review as necessary, the goals and implementation measures of the circulation element of the general plan and assist city staff in recommending priority projects to the city council.
(4) Serve as the city's tree board.
(5) Review as necessary the community's need and standards of care for new parks, open space and recreational facilities as well as the design, development and location of new parks and recreational facilities and landscaping.
(6) Perform such other duties as may be assigned by the city council from time to time.
SECTION 5. Severability: If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.
SECTION 7 . Notice of Adoption. The City Clerk shall publish this Ordinance in the manner required by law.
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CITY COUNCIL ORDINANCE NO. 2023-xxx
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INTRODUCED at the regular meeting of the Hemet City Council on September 1226, 2023
APPROVED AND ADOPTED this 26th 10th day of SeptemberOctober, 2023.
______________________________
Joe Males, Mayor
ATTEST:
____________________________
John Paul Maier, City Clerk
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CITY COUNCIL ORDINANCE NO. 2023-xxx
CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. 2023-xxx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEMET
REPEALING CHAPTER 2, ARTICLE IV, DIVISION 4,
(INFRASTRUCTURE COMMISSION) AND CHAPTER 2, ARTICLE IV,
DIVISION 5 (PLANNING COMMISSION) TO TRANSFER THE
FUNCTIONS AND DUTIES OF THE INFRASTRUCTURE
COMMISSION TO THE PLANNING COMMISSION
WHEREAS, the City of Hemet, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the Infrastructure Commission and Planning Commission have significant overlap in key topic areas including planning for city capital improvement projects; and
WHEREAS, the City Council desires to amend the City’s Municipal Code to combine the Infrastructure Commission with the Planning Commission by assigning all its functions and duties to the Planning Commission; and WHEREAS, the City Council has determined that assigning the Infrastructure Commission’s functions and duties to the Planning Commission will foster efficiency and effectiveness.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.The above recitals are all true and correct and are incorporated herein by this reference.
SECTION 2. The adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the following, each a separate and independent basis: CEQA Guidelines, Section 15378 (not a project) and Section 15061 (b)(3) (no significant environmental impact).
SECTION 3. CHAPTER 2, ARTICLE IV, DIVISION 4. INFRASTRUCTURE COMMISSION is hereby repealed in its entirety.
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CITY COUNCIL ORDINANCE NO. 2023-xxx
SECTION 4. CHAPTER 2, ARTICLE IV, DIVISION 5. PLANNING
COMMISSION, is hereby amended to read as follows:
DIVISION 5. - PLANNING COMMISSION
Sec. 2-246. - Creation.
The city planning commission is created in accordance with the provisions of the Planning Act of the state.
Sec. 2-247. - Membership; quorum; vacancies; term of office.
The planning commission of the city shall consist of five members appointed by the entire city council. A quorum for the transaction of business shall be three members, and the majority of those members present shall have the power to decide all matters properly before the commission. Planning commissioners shall serve for terms of four years. Seats on the planning commission shall be numbered one through five. Upon the effective date of this Ordinance all seats on the current planning commission shall be deemed vacated and the city council may appoint any qualified person to such seats. The terms of seats one and two shall expire on April 1, 2025, and on April 1 every four years thereafter. Seats three, four and five shall expire on April 1, 2027, and on April 1 every four years thereafter. The terms of planning commissioners may be terminated prior to expiration at the will and pleasure of the city council. The numbering of the planning commission seats one through five shall not be interpreted to assign any given seat to a particular city council district. Any member of the city council may nominate any qualified person to any seat on the planning commission subject to approval by a majority of the entire city council. Each member of the planning commission shall, upon appointment and continuing thereafter for their term of service, be a current resident of the City of Hemet or the City of Hemet sphere of influence and have resided in the City of Hemet or the City of Hemet sphere of influence for at least one year prior to appointment. No more than two members of the planning commission shall be current residents of the City of Hemet sphere of influence.
Sec. 2-248. - Meetings.
The planning commission of the city shall schedule regular meetings at a frequency of not less than two meetings during each month.
Sec. 2-249. Functions and duties.
The functions and duties of the former Infrastructure Commission, as listed below, are transferred to the Planning Commission. Where the Code makes reference to the Infrastructure Commission, the Traffic and Parking Commission or to the Parks Commission, such references shall be deemed to refer to the Planning Commission and where such reference grants or infers functions and duties for such commissions, those functions and duties shall be deemed transferred to the Planning Commission.
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CITY COUNCIL ORDINANCE NO. 2023-xxx
The Planning Commission shall from time to time review, comment upon and make recommendations to the city council and, as may be appropriate, to the public works department, engineering department and community development department regarding the following items:
(1) Review as necessary and make recommendations to city council in the development of municipal facility master plans, whether related to infrastructure improvements, parks, or roadways, and similar plans of the city or regional plans (e.g., from WRCOG, RCTC, or SCAG) that will affect the city.
(2) Review as necessary vehicular and pedestrian safety measures, including without limitation, the provision of safe routes for pedestrians including disabled persons, city compliance programs related to right-of-way improvements required under the Americans with Disabilities Act and the department of transportation, and related safety measures.
(3) Review as necessary, the goals and implementation measures of the circulation element of the general plan and assist city staff in recommending priority projects to the city council.
(4) Serve as the city's tree board.
(5) Review as necessary the community's need and standards of care for new parks, open space and recreational facilities as well as the design, development and location of new parks and recreational facilities and landscaping. (6) Perform such other duties as may be assigned by the city council from time to time.
SECTION 5. Severability: If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.
SECTION 7. Notice of Adoption. The City Clerk shall publish this Ordinance in the manner required by law.
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INTRODUCED at the regular meeting of the Hemet City Council on September 26, 2023
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CITY COUNCIL ORDINANCE NO. 2023-xxx
APPROVED AND ADOPTED this 10th day of October, 2023.
______________________________
Joe Males, Mayor
ATTEST:
____________________________
John Paul Maier, City Clerk
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 26 2023
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
An Ordinance of the City Council of the City of Hemet, California, Amending Article XI (Maintenance, Security, And Rehabilitation of Abandoned or Vacant Properties) of Chapter 14 (Buildings and Building Regulations)
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Introduce by title only, waive full reading, and authorize the City Clerk to place the Ordinance for adoption on the next available regular City Council meeting agenda.
BACKGROUND:
The City Attorney's Office has conducted a comprehensive review of the City of Hemet's existing Vacant Building Ordinance adopted in 2013. Based on that review, our office recommends adopting an updated ordinance with the following key changes:
The recommended ordinance places less emph asis on foreclosure status (primarily a concern for single-family residential properties). Instead, it focuses on the physical characteristics of the structure, including failure to complete construction, nuisance activities, and visual appearance. This br oadened scope will allow the City to address a wider range of property -related issues and potential blights, particularly in commercial zones. This expanded definition also expands the registration requirement, which allows the City to track and monitor vacant buildings more accurately and promptly, enabling City staff to respond to potential issues more quickly.
One of the most significant enhancements in the new ordinance is the recommended implementation of a monitoring program for commercial properties. Through the direct involvement of the Enforcement Official, the City can ensure better compliance with regulations and prevent misuse or neglect of commercial properties that are vacant or under foreclosure. This program will ultimately improve the City's commercial zones' attractiveness and usability. The program also establishes a vacant commercial building monitoring fee.
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The newly proposed ordinance also introduces a comprehensive boarding permit system, providing clear and stringent standards for securing vacant buildings. This approach helps maintain the visual appeal of our neighborhoods, prevent unsecured buildings fro m becoming potential havens for illegal activities, and ensure the safety of first responders in emergencies.
Lastly, the recommended ordinance presents more explicit criminal and administrative penalties for violations, ensuring the owners' responsibility and compliance with regulations. It also outlines joint and several liability for all owners, strengthening our legal stance in enforcing these rules.
In conclusion, the recommended changes to the Vacancy Building Ordinance will provide the City with more substantial tools and means to monitor, control, and enhance the management of vacant buildings, which would ultimately lead to a safer, cleaner, and more visually appealing community.
DISCUSSION:
Based on City Council feedback at the July 11, 2023 meeting, the City Attorney's Office amended the language in 14-510(f) to establish an objective standard for extensions of board-up permits to limit the Building Official's discretion. Additionally, the references to the performance improvement plan (PIP) were removed. The City Attorney also amended the definition of "state of disrepair" to include removed or missing exterior walls and or roof based on feedback at the meeting.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
FISCAL IMPACT:
None.
ATTACHMENT(S):
Attachment 1: Ordinance Vacant Buildings
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CITY COUNCIL ORDINANCE NO. 2023-xxx
CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. 2023-xxx
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HEMET, CALIFORNIA, AMENDING
ARTICLE XI (MAINTENANCE, SECURITY, AND
REHABILITATION OF ABANDONED OR VACANT
PROPERTIES) OF CHAPTER 14 (BUILDINGS AND
BUILDING REGULATIONS)
THE CITY COUNCIL OF THE CITY OF HEMET DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The adoption of this ordinance is exempt from review under the California Environmental Quality Act
(CEQA) pursuant to the following, each a separate and
independent basis: CEQA Guidelines, Section 15378 (not a project) and Section 15061 (b)(3) (no significant
environmental impact).
SECTION 2. CHAPTER 14, ARTICLE XI is hereby amended
to read as follows:
ARTICLE XI
VACANT BUILDINGS AND BOARDING
REGULATIONS
14-501 Purpose.
14-502 Severability.
14-503 Definitions.
14-504 Scope.
14-505 Service requirements.
14-506 Registration requirement for vacant
buildings.
14-507 Maintenance requirements for
vacant buildings.
14-508 Local property management
requirement.
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14-509 Monitoring program for commercial
properties.
14-510 Boarding permits and regulations.
14-511 Enforcement.
14-501 Purpose.
The purpose of this Article is to ensure all vacant and boarded buildings comply with minimum property
maintenance requirements, to encourage proactive and
preventive maintenance of properties, to ensure
maintenance issues are quickly and efficiently remedied, and to promote the health, safety, and welfare of the people of the City of Hemet.
14-502 Severability.
If any provision of this Ordinance and Article is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity will not affect the remaining provisions of this Ordinance and Article, which can be implemented without the invalid provisions, and to this end, the provisions of this Ordinance and Article are declared to be severable.
14-503 Definitions.
As used in this Article, the following terms and phrases are defined as follows:
(a) “Active Construction” means that (i) construction activity is taking place at a property without any pause, interruption, or suspension greater in duration than 45 days, and (ii) the owner, owner of record, or a duly
authorized agent, servant, assign, employee, or contractor acting or providing services on behalf thereof, is on-site at a property that is under construction, actively engaged in construction, maintenance, demolition, or related
administrative activity, without any pause, interruption, or suspension greater in duration than 15 days.
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(b) “Blight” or “Blighted property” means any one or more of the following conditions or activities:
(1) Abandoned Building or Structure.
(i) A building or structure which is not being
inhabited, occupied, or used and which is unsecured. For purposes of this Article, a building or structure is
unsecured when the public can gain entry without the
consent of the owner; or
(ii) A partially constructed, reconstructed, or
demolished building or structure upon which work is
abandoned. Work is deemed abandoned when there is no
valid and current building or demolition permit, or when there has not been any substantial work on the project for a period of six (6) months or more.
(2) Attractive Nuisance. Property which is in an
unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals, or other unauthorized persons, or so as to enable persons to use the property for the purpose of committing a nuisance or
unlawful act.
(3) A building or structure which is in a state of disrepair:
(i) Exterior wall and/or roof coverings which are missing, have been removed, or have become deteriorated and do not provide adequate weather protections, resulting in termite infestation and/or dry rot.
(ii) Broken or missing windows or doors which
constitute a hazardous condition or a potential attraction to trespassers.
(iii) Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures
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on the property which are broken, deteriorated, or
substantially defaced, to the extent that the disrepair is visible from any public right-of-way or visually impacts neighboring public or private property or presents an
endangerment to public safety.
(iv) Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures on the property which have been repainted in such a
manner that the appearance may be further deteriorated or substantially defaced.
(4) Property Inadequately Maintained.
(i) Overgrown, diseased, dead, or decayed trees,
weeds, or vegetation that: (1) are likely to harbor rats, pigeons, vermin, and other nuisances; or (2) substantially detract from the aesthetic and property values of
neighboring properties; or (3) constitute a fire hazard or other condition that is dangerous to the public health, safety, or welfare; or (4) are likely to attract use as shelter by transients.
(ii) Solid waste, which includes “garbage,” “refuse,” and “rubbish,” and all “solid waste” as may be defined in this Code, constitutes blight and blighted property in the following situations: (1) the accumulation of solid waste is visible from a street or public right-of-way, is not enclosed in a City-approved container, and is present for more than 72 consecutive hours; or (2) the accumulation of solid
waste is being stored or disposed of in a manner that would allow the material to be transported by wind or otherwise onto or upon any public street, public right-of-way, or neighboring property, unless the method of storage or
disposal is specifically allowed by this Code.
(5) Any swimming pool, pond, or other body of
water which is abandoned, unattended, unfiltered, drained with no cover to prevent the existence of a hazard, or not otherwise maintained, resulting in polluted water.
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“Polluted water” is defined for the purpose of this Article, as water which contains organic growth, including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter or materials, which, because of its nature or locations, constitutes an unhealthy or unsafe condition.
(c) “Building” means any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure, approved for occupancy on either a lot of record or within a single project approved by the City pursuant to the City’s Zoning Code.
(d) “Commercial Properties” means all properties in the City that are not developed for solely single family
residential uses. The term “commercial properties”
includes apartment buildings that include five or more
rental units.
(e) “Development Related Agreement” means an
agreement between the City and at least one other person or entity whereby an owner secures the authorization and approval of the City, whether through a duly authorized written contract, or via a land use permit or entitlement approval, to pursue a development or redevelopment
project at a property where one or more abandoned
buildings or structures, and/or vacant building is located.
(f) “Downtown” means the area bounded by the
Downtown Specific Plan (SP 16-001)
(g) “Enforcement Official” means the City Manager, Building Official, the Chief of Police, the Fire Chief, or their respective designees.
(h) “Evidence of Vacancy” means any building in the context of the totality of circumstances that would lead a reasonable Enforcement Official to believe that the
building is vacant or occupied by a person without a legal right of occupancy. Such real property conditions include, but are not limited to: overgrown or dead vegetation;
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accumulation of newspapers, circulars, flyers, or mail; past due utility notices or disconnected utilities; accumulation of trash, junk, or debris; the absence of window coverings such as curtains, blinds, or shutters; the absence of
furnishings or personal items consistent with residential habitation; or statements by neighbors, passersby, delivery agents, or government employees that the property is
vacant.
(i) “Local” means within 40 driving miles of the
building, structure, or real property in question.
(j) “Out of Area” means in excess of 40 road or driving miles of the building, structure, or real property in
question.
(k) “Owner” means any person having legal or
equitable title or any interest in real property, including all persons shown as owners on the last equalized assessment roll of the Riverside County Assessor’s Office. An owner includes a person with power of attorney, an executor of estate, trustee, or who is a court appointed administrator, conservator, guardian, or receiver.
(l) “Person” means any natural person, partnership of any kind, corporation, limited liability company, association, joint venture, or other organization, however formed, as well as trustees, heirs, executors, administrators, or
assigns, or any combination of such persons.
(m) “Vacant building” means a building where at least thirty-five percent (35%) of the total floor area within the building is not lawfully occupied.
14-504 Scope.
(a) Applicability. The provisions of this Article shall apply generally to all improved real property throughout
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the City of Hemet where any of the conditions specified in this Article are found to exist.
(b) Regulations Cumulative. The regulations provided by this Article are cumulative to each other and to any other available under City, State, or federal law.
(c) Authority to Enforce Article. The Enforcement
Official is authorized to administer and enforce this
Article. The Enforcement Official may adopt supplemental regulations or policies to implement and interpret this Article. These regulations or policies must conform with the purpose of this Article.
(d) Development Agreement Exemption. In the event
that the City enters a development related agreement with the owner or developer of a property incorporating the
partial or total demolition, repair, reconstruction, or preservation of a vacant building or structure the vacant building or structure in question is exempt from
application of this Article, provided that the property is maintained in strict accord with the terms and conditions of the development related agreement. In the event that the City Manager, or his or her designee, determines in the City Manager’s sole discretion the owner or developer of a property is in default with respect to any term or condition of a development related agreement through which any
building or structure is exempt from application of this Article, the City may issue written notice to that owner that if the default in question is not cured in its entirety within 30 days of the issuance, that the exemption provided by this Section shall be revoked, and that this Article shall immediately become fully applicable to the building or
structure in question.
14-505 Service requirements.
(a) Except as otherwise provided, any notice required to be served under this Article must be completed by either:
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(1) Personal service; or
(2) Service by United States mail addressed to
the person to be notified at the address as listed in the last equalized assessment roll. Service by mail is complete at the time of deposit in the mail. Failure of any person to receive a properly-addressed notice by mail shall not
invalidate any action, decision, determination, or
proceeding under this Article.
14-506 Registration requirement for vacant
buildings.
(a) Registration Required. An owner of a vacant
building must register their property with the Enforcement Official within 10 days of the building becoming vacant or being deemed vacant. If any building shows evidence of
vacancy, it is hereby deemed vacant.
(b) Application Required. Any person seeking to
register a vacant building must submit a complete, written application to the City using a form adopted by the City for that purpose. Submission of an application for registration does not authorize the maintenance of a vacant building until such registration has been accepted by the City.
(c) Application Contents. The application for
registration pursuant to this Section must contain or be accompanied by the following:
(1) The name and address of each owner and the
local property management company, if any, responsible
for the security, maintenance, and marketing of the
property in question.
(2) A maintenance plan describing and
documenting how the maintenance requirements of this
Article will be complied with.
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(3) Documentation and information showing
compliance with the local property management company
requirements of this Article.
(d) Annual Registration. The registration pursuant to this Section must be renewed annually.
(e) Fee. The City Council may establish by resolution, and from time to time may amend, an annual registration fee. An application for registration or reregistration must be accompanied by the submission of the required fee.
Registration fees are nonrefundable and may not be
prorated.
(f) Notice City of Changes to Registration. Any person, partnership, association, corporation, fiduciary, or other legal entity that has registered a property under this Article must notify the Enforcement Official in writing of any
change of information contained in the registration within 10 days of the change.
14-507 Maintenance requirements for
vacant buildings.
(a) Maintenance Required. It is unlawful for any owner to maintain any improved property in violation of the
provisions of this Article. All vacant buildings, residential and commercial, must be maintained in compliance with
the Hemet Municipal Code.
(b) Additional Requirements for Commercial
Properties. Any vacant commercial building must be
maintained in accordance with the following requirements:
(1) All doors, windows, and other openings are
secure or boarded in accordance with this Article.
(2) Any temporary site perimeter fencing is
placed in connection with a building permit.
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(3) The property must be continuously
monitored, as follows:
(i) Buildings with fire sprinkler systems must be maintained in working order.
(ii) Buildings with a centralized and registered fire and burglar alarm system must be maintained in working order, and monthly reports showing continued and active service shall be submitted to the Enforcement Official.
(iii) Buildings without fire sprinkler systems or fire alarm or burglar alarm systems shall be provided with
continuous physical monitoring by means of an onsite
patrol. “Continuous physical monitoring” shall mean the use of a licensed security agency operating in the City of Hemet and providing regular surveillance of the vacant
building as part of the agency’s security route.
(4) A monthly report from the property owner or
the property owner’s representative or property
management company that identifies each date inspections were performed for the reporting period and a statement affirming that the building interior, exterior, and the entire site was inspected, the landscaping is maintained in good condition, and that all buildings are secure.
(c) Additional Requirements for Commercial Buildings in Downtown. In addition to the requirements of the prior Section, any commercial building located in Downtown
must participate in the Property Improvement Program.
(d) Requirements For Buildings Vacant More Than 90 Days. No person may allow a building designed for human use or occupancy to stand vacant for more than 90 days, unless the person establishes by substantial evidence to the reasonable satisfaction of the Enforcement Official that at least one of the following applies:
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(1) Active Construction. The building is the
subject of Active Construction for repair or rehabilitation in order to make the building habitable, and the owner is progressing diligently to complete such repair or
rehabilitation within one year of the issuance of the
building permit related to such repair or rehabilitation.
(2) Active Marketing. The building or property
contains no Hemet Municipal Code violations, is ready for occupancy, and is actively being offered for sale, lease, or rent.
(3) Active Maintenance. The person is actively
maintaining and monitoring the building, which includes:
(i) Maintenance of landscaping and plant materials in good condition.
(ii) Maintenance of the exterior of the building
including, but not limited to, paint, finishes, windows, doors, and signage in good condition and in compliance
with this Article.
(iii) Any sign which advertises a use or business not being made on the premises, the name of the owner or
user, or which identifies a product, an interest, service, or entertainment not available on the premises is prohibited.
(iv) Regular removal of all exterior trash, debris, and graffiti.
(v) Prevention of criminal activity on the premises including, but not limited to, use and sale of controlled substances, prostitution, and criminal street gang activity.
(vi) Any windows screened: (1) in a manner authorized by this Code; or (2) election upon registration of a vacant building to participate in the Property Improvement
Program.
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(vii) Securing the property in a manner so as not to be accessible to unauthorized persons. Secure manner
includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding and garage), gates, and any other opening that may allow access to the interior of the property or structure(s), or the erection of temporary construction fencing approved by the Enforcement Official for not more than 180 days. In the case of broken
windows, securing includes the replacement of the broken window.
(viii) Maintaining sufficient utility services to provide power for any alarm or security system and to properly
irrigate all landscaping on the property.
(ix) Compliance with any alternative or additional
methods of securing a building in the Downtown as may
be imposed by the Enforcement Official. Such methods
may include, but will not be limited to, security patrols, alarms, or other security requirements.
(x) The building or the lot on which the building is located, and the landscaping on such lot, does not
contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building and the lot so that it does not contribute to blight.
(e) Insurance. The Owner shall maintain fire and
liability insurance coverage as determined necessary by the City’s Risk Manager. Any insurance policy shall require advanced, written notice to the Risk Manager in the event of cancellation of insurance or a reduction in coverage.
14-508 Local property management
requirement.
(a) Any owner located more than 40 miles by road from a property containing a vacant building that must be
registered, must retain a local property management
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company with a business license in the City, and must be contracted to perform weekly inspections to ensure
compliance with the Hemet Municipal Code.
(b) The property must be posted with the name and
contact phone number of the local property management
company. The posting must be no less than 18″ X 24″,
must be of a font that is legible from a distance of 45 feet, and must contain the following: “THIS PROPERTY
MANAGED BY (LOCAL PROPERTY MANAGEMENT
COMPANY),” and “TO REPORT PROBLEMS OR
CONCERNS CALL (PHONE NUMBER).”
(c) The posting must be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building facing the street of the front of the property so it is visible from the street. If no such area exists, the posting must be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily
accessible to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant
materials.
(d) The local property management company must
inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this Article and must perform all monitoring duties prescribed in this Article. If the property management company
determines the property is not in compliance with this
Article or any provision of the Hemet Municipal Code, it is the company’s duty to notify the owner and bring the
property into compliance.)
14-509 Monitoring program for commercial
properties.
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(a) Monitoring Program Established. A program
monitoring commercial properties is hereby established.
The Enforcement Official is responsible for administering the monitoring program to enforce this Article.
(b) Monitoring Program Duties. The Enforcement
Official has the duty and responsibility to do the following pursuant to the monitoring program:
(1) Inspect properties in the City to identify
commercial buildings that are vacant.
(2) Order vacant commercial buildings to comply
with this Article and any other applicable codes.
(3) Order vacant commercial buildings that are
open and accessible to be secured against unlawful entry in accordance with this Article.
(4) Order the property on which the vacant
commercial building is located to be properly maintained or cleared of trash and debris.
(5) Initiate proceedings against the owner of any
vacant commercial building found to be in violation of this Article or any other applicable code.
(6) Maintain surveillance over vacant commercial
buildings so that timely code enforcement proceedings are commenced in the event the property becomes substandard or a nuisance.
(7) Establish and enforce rules and regulations
for the implementation and compliance with the Property Improvement Program.
(8) Identify blighted property and to initiate
proceedings against the owner of record of any blighted property for failure to remedy such blight.
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(c) Fee Imposed. There is imposed upon every owner of a vacant commercial building monitored pursuant to this Article an annual vacant commercial building monitoring fee in an amount the City Council may establish by
resolution, provided that the fee shall not exceed the
estimated reasonable cost of monitoring the vacant
commercial building.
(d) Fee Procedure. If unpaid in connection with a
vacant building registration, a vacant commercial building monitoring fee may be billed and mailed to the owner of the property. Any owner aggrieved by the decision of the Enforcement Official relating to a vacant registration fee bill may appeal the decision to the City Hearing Officer in the manner described in Article II of Article 1. If the fee is not paid within 60 days following billing, the City Council may thereupon order that the fee be specially assessed
against the property involved. If the City Council orders that the fee be specially assessed against the property, it shall confirm the assessment and thereafter said
assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. The City Council may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property
subject to the lien, and the amount of the fee.
14-510 Boarding permits and regulations.
(a) Boarding Permit Required. No person may erect, install, place, or maintain boards over the doors, windows, or other openings of any building or structure or otherwise
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secure such openings without a valid a boarding permit
from the City.
(b) Boarding Permit Process. The Enforcement Official must issue a boarding permit required by this Section upon submission of a written application by the owner of the property upon payment of the required fee and upon
confirmation by the Enforcement Official that the boarding or other method of securing has been done in compliance with this Section.
(c) Boarding Permit Period of Validity. The boarding permit is valid for 90 days.
(d) Boarding Permit Extension. A boarding permit may be extended once, for a period of an additional 90 days, provided that the following conditions exist: (i) the
boarding is in compliance with this Section, (ii) the owner has submitted the request for extension within 10 days
after the expiration of the initial boarding permit period, (iii) the owner has complied with all prior orders and
notice from the City regarding the property, (iv) the owner simultaneously submits a detailed plan and timeline for correction, repair, and rehabilitation of the property, or a plan for the sale of the property with a provision in the sale requiring the correction, repair, or rehabilitation of the property.
(e) Boarding Permit Renewal for Good Cause. A
boarding permit may not be issued for a building that was previously boarded until one year after the date of
expiration of the previous boarding permit or extended
boarding permit, except the Enforcement Official may
renew a new boarding permit for a period of three months upon a showing of good cause, as determined in the
Enforcement Official’s sole discretion. “Good cause”
means a showing by the owner that the permit reissuance is necessary due to conditions or events beyond the owner’s control, such as inability to obtain financing, financial hardship, inability to locate a suitable buyer despite
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diligent efforts, or unanticipated delays in construction. “Good cause” also means a showing that the owner
exercised reasonable and due diligence in attempting to complete the needed work or in attempting to sell, rent, or lease the property. Renewal shall require submission of a written application demonstrating good cause, payment of the boarding permit fee, and upon confirmation by the
Enforcement Official that the method of boarding or
securing of the building has been done in compliance with this Section.
(f) Limitation on Boarding Permit for Downtown. A
boarding permit may be issued for a building in Downtown only if the building has been damaged by fire, natural
disaster, or other emergency situation. Any such boarding permit is valid only for the period of time the Enforcement Official reasonably determines to be necessary to affect such repairs or rehabilitation, such time period not to exceed one year without approval by the City Manager or the City Manager’s designated Hearing Officer. The
Hearing Officer shall use the same hearing process and
standard as described in Section 105.5.3(4) of the Hemet Building Code.
(g) Boarding Permit Fees. The fees for the initial boarding permit, and the extension and the renewal permit, shall be as established from time to time by resolution of the City Council.
(h) Boarding Standards. The boarding or securing of the doors, windows, or other openings of any building must
comply with the following standards.
(1) Securing by Boarding. The boarding of doors,
windows, and other openings must comply with the
following requirements.
(i) Windows and similar openings must be boarded
with exterior-grade plywood of a minimum thickness of
3/4 inch or equivalent. Plywood must be secured by 2″x4″
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or 4″x4″ crossmembers, secured to the plywood by 3/8
inch plated carriage bolts with washers on each end. Bolts and nuts used to secure the crossmember must be threaded to the correct length and tightened securely. A minimum of two crossmembers must be used on each window. Each
crossmember must be a continuous piece of lumber, and
each must extend at least one foot past the window
opening in each direction. Additional measures may be
required as deemed necessary in the sole discretion of the Enforcement Official.
(ii) Exterior doors must be boarded with exterior-grade plywood of a minimum thickness of 3/4 inch or equivalent fitted to the entry door jamb with maximum 1/8 inch
clearance each edge. The existing door must be removed
and stored inside the building. Plywood must be secured by 2″x4″ or 4″x4″ crossmembers, secured to the plywood
by 3/8 inch plated carriage bolts and matching hardware. A minimum of one door must be operable. Plywood for
operable door openings must be attached to the door entry with three case hardened strap hinges of the type specified by the Enforcement Official. Plywood must be secured by a case hardened steel hasp and minimum two-inch
hardened padlock, also of the type specified by the
Enforcement Official. Additional measures may be
required as deemed necessary in the sole discretion of the Enforcement Official.
(iii) All boarded openings must be painted with
exterior paint that is of a color compatible with the exterior color of the building and is approved by the Enforcement Official.
(2) Alternative Methods of Securing a Building.
Upon application for a boarding permit, the Enforcement Official may approve alternative methods of securing a
vacant building. In making the determination to approve any alternative method, the Enforcement Official must
consider the effectiveness of the alternative method to provide adequate and long-term security against the
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unauthorized entry and the aesthetic and other impacts of such method on the immediate neighborhood.
(3) Additional Requirements. In connection with
the boarding or securing of the doors, windows, or other openings of any building, the owner must also comply with the following requirements.
(i) All utility services to the building must be
terminated by removal of the meters and termination of
electric power by Southern California Edison or any
successor utility. Compliance with this Subsection may be waived in writing by the Enforcement Official as to
electric power in the event that electricity is necessary to power exterior security lighting, an alarm system, or
equipment to be used in connection with the rehabilitation of the building for which there is a valid building permit.
(ii) The sewer must be capped in a manner approved by the Enforcement Official so as to prevent the
accumulation of methane gas in the building or structure.
(iii) The interior of the building must be cleared of all trash, junk, garbage, debris, solid waste, and personal possessions, in order to eliminate any fire or health hazard and prevent hindrance to firefighting equipment and
personnel in the event of a fire.
(iv) The owner of any boarded building must register the building as vacant with the City in accordance with this Article.
14-510 Enforcement.
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(a) Violation Unlawful. It is unlawful and declared a public nuisance for any person to violate any provision of this Article.
(b) Criminal Penalties. Any person who violates any provision of this Article is guilty of a misdemeanor
punishable by a fine of up to $1,000, or by imprisonment in the County jail not exceeding six months, or by both such fine and imprisonment, except the City Attorney may prosecute a violation of this Article as an infraction or reduce a previously charged misdemeanor to an infraction, in his or her discretion.
(c) Administrative Penalties. Any person who violates any provision of this Article may be issued an
administrative penalty in accordance this Code.
(1) Appeal and Collection of Penalty. The
Enforcement Official’s administrative penalty may be
appealed in the manner provided in Article II of Chapter 1 of this Code.
(2) For any non-residential property in
Downtown subject to this Article, the initial penalty shall be $2,500.00. If the violation continues after the
compliance date in the first administrative citation or any extension period granted by the City, a second
administrative penalty in the amount of $5,000.00 may be issued. If the violation continues after the compliance date in the second administrative citation or any extension
period granted by the City, a third administrative penalty in the amount of $25,000.00 may be issued. For any other
properties subject to this Article, the penalties shall be in the amounts set forth in Section 1-86 of this Code.
(d) Civil or Equitable Enforcement. Nothing in this Article prevents the City Attorney from bringing a civil or equitable action, at his or her discretion, to seek the abatement of any violation of this Code.
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(e) Ongoing Violations. Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense.
(f) Remedies Cumulative. The remedies, procedures, and penalties provided by this Article are cumulative to each other and to any other available under City, State, or federal law.
(g) Joint and Several Liability. The duties and liabilities specified in this Article are joint and several among and between all owners.
SECTION 3. Severability: If any provision of this
Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or
application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the
invalidity of any portion thereof.
SECTION 4. Effective Date. This Ordinance shall take
effect thirty (30) days from its passage by the City Council of the City of Hemet.
SECTION 5. Notice of Adoption. The City Clerk shall
publish this Ordinance in the manner required by law.
////
INTRODUCED at the regular meeting of the Hemet City
Council on September 26, 2023
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APPROVED AND ADOPTED this ___ day of
_________________, 2023.
______________________________
Joe Males, Mayor
ATTEST:
____________________________
John Paul Maier, City Clerk
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CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. 2023-xxx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEMET ,
CALIFORNIA, AMENDING ARTICLE XI (MAINTENANCE, SECURITY,
AND REHABILITATION OF ABANDONED OR VACANT
PROPERTIES) OF CHAPTER 14 (BUILDINGS AND BUILDING
REGULATIONS)
THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the following, each a separate and independent basis: CEQA Guidelines, Section 15378 (not a project) and Section 15061 (b)(3) (no significant environmental impact).
SECTION 2. CHAPTER 14, ARTICLE XI is hereby amended to read as follows:
ARTICLE XI
V ACANT BUILDINGS AND BOARDING REGULATIONS
14-501 Purpose.
14-502 Severability.
14-503 Definitions.
14-504 Scope.
14-505 Service requirements.
14-506 Registration requirement for vacant buildings.
14-507 Maintenance requirements for vacant buildings.
14-508 Local property management requirement.
14-509 Monitoring program for commercial properties.
14-510 Boarding permits and regulations.
14-511 Enforcement.
14-501 Purpose.
The purpose of this Article is to ensure all vacant and boarded buildings comply with minimum property maintenance requirements, to encourage proactive and
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preventive maintenance of properties, to ensure maintenance issues are quickly and efficiently remedied, and to promote the health, safety, and welfare of the people of the City of Hemet.
14-502 Severability.
If any provision of this Ordinance and Article is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, tha t invalidity will not affect the remaining provisions of this Ordinance and Article, which can be implemented without the invalid provisions, and to this end, the provisions of this Ordinance and Article are declared to be severable.
14-503 Definitions.
As used in this Article, the following terms and phrases are defined as follows:
(a) “Active Construction” means that (i) permitted construction activity is taking place at a property without any pause, interruption, or suspension greater in duration than 45 days, and (ii) the owner, owner of record, or a duly authorized agent, servant, assign, employee, or contractor acting or providing services on behalf thereof, is on-site at a property that is under construction, actively engaged in construction, maintenance, demolition, or related administrative activity, without any pause, interruption, or suspension greater in duration than 15 days.
(b) “Blight” or “Blighted property” means any one or more of the following conditions or activities:
(1) Abandoned Building or Structure.
(i) A building or structure which is not being inhabited, occupied, or used and which is unsecured. For purposes of this Article, a building or structure is unsecured when the public can gain entry without the consent of the owner; or
(ii) A partially constructed, reconstructed, or demolished building or structure upon which work is abandoned. Work is deemed abandoned when there is no valid and current building or demolition permit, or when there has not been any substantial work on the project for a period of six (6) months or more.
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(2) Attractive Nuisance. Property which is in an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals, or other unauthorized persons, or so as to enable persons to use the property for the purpose of committing a nuisance or unlawful act.
(3) A building or structure which is in a state of disrepair:
(i) Exterior wall and/or roof coverings which are missing, have been removed, or have become deteriorated and do not provide adequate weather protections, resulting in termite infestation and/or dry rot.
(ii) Broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers.
(iii) Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures on the property which are broken, deteriorated, or substantially defaced, to the extent that the disrepair is visible from any public right-of-way or visually impacts neighboring public or private property or presents an endangerment to public safety.
(iv) Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures on the property which have been repainted in such a manner that the appearance may be further deteriorated or substantially defaced.
(4) Property Inadequately Maintained.
(i) Overgrown, diseased, dead, or decayed trees, weeds, or vegetation that: (1) are likely to harbor rats, pigeons, vermin, and other nuisances; or (2) substantially detract from the aesthetic and property values of neighboring properties; or (3) constitute a fire hazard or other condition that is dangerous to the public health, safety, or welfare; or (4) are likely to attract use as shelter by transients.
(ii) Solid waste, which includes “garbage,” “refuse,” and “rubbish,” and all “solid waste” as may be defined in this Code, constitutes blight and blighted property in the following situations: (1) the accumulation of solid waste is visible from a street or public right-of-way, is not enclosed in a City- approved container, and is present for more than 72 consecutive hours; or (2) the accumulation of solid waste is being stored or disposed of in a manner that would
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allow the material to be transported by wind or otherwise onto or upon any public street, public right-of-way, or neighboring property, unless the method of storage or disposal is specifically allowed by this Code.
(5) Any swimming pool, pond, or other body of water which is abandoned, unattended, unfiltered, drained with no cover to prevent the existence of a hazard, or not otherwise maintained, resulting in polluted water. “Polluted water” is defined for the purpose of this Article, as water which contains organic growth, including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter or materials, which, because of its nature or locations, constitutes an unhealthy or unsafe condition.
(c) “Building” means any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure, approved for occupancy on either a lot of record or within a single project approved by the City pursuant to the City’s Zoning Code.
(d) “Commercial Properties” means all properties in the City that are not developed for solely single family residential uses. The term “commercial properties” includes apartment buildings that include five or more rental units.
(e) “Development Related Agreement” means an agreement between the City and at least one other person or entity whereby an owner secures the authorization and approval of the City, whether through a duly authorized written contract, or via a land use permit or entitlement approval, to pursue a development or redevelopment project at a property where one or more abandoned buildings or structures, and/or vacant building is located.
(f) “Downtown” means the area bounded by the Downtown Specific Plan (SP 16-001)
(g) “Enforcement Official” means the City Manager, Building Official, the Chief of Police, the Fire Chief, or their respective designees.
(h) “Evidence of Vacancy” means any building in the context of the totality of circumstances that would lead a reasonable Enforcement Official to believe that the building is vacant or occupied by a person without a legal right of occupancy.
Such real property conditions include, but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers, or mail; past due utility notices or disconnected utilities; accumulation of trash, junk, or debris; the
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absence of window coverings such as curtains, blinds, or shutters; the absence of furnishings or personal items consistent with residential habitation; or statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.
(i) “Local” means within 40 driving miles of the building, structure, or real property in question.
(j) “Out of Area” means in excess of 40 road or driving miles of the building, structure, or real property in question.
(k) “Owner” means any person having legal or equitable title or any interest in real property, including all persons shown as owners on the last equalized assessment roll of the Riverside County Assessor’s Office. An owner includes a person with power of attorney, an executor of estate, trustee, or who is a court appointed administrator, conservator, guardian, or receiver.
(l) “Person” means any natural person, partnership of any kind, corporation, limited liability company, association, joint venture, or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons.
(m) “Vacant building” means a building where at least thirty-five percent (35%) of the total floor area within the building is not lawfully occupied.
14-504 Scope.
(a) Applicability. The provisions of this Article shall apply generally to all improved real property throughout the City of Hemet where any of the conditions specified in this Article are found to exist.
(b) Regulations Cumulative. The regulations provided by this Article are cumulative to each other and to any other available under City, State, or federal law.
(c) Authority to Enforce Article. The Enforcement Official is authorized to administer and enforce this Article. The Enforcement Official may adopt supplemental regulations or policies to implement and interpret this Article.
These regulations or policies must conform with the purpose of this Article.
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(d) Development Agreement Exemption. In the event that the City enters a development related agreement with the owner or developer of a property incorporating the partial or total demolition, repair, reconstruction, or preservation of a vacant building or structure the vacant building or structure in question is exempt from application of this Article, provided that the property is maintained in strict accord with the terms and conditions of the development related agreement, the development agreement is valid and in effect, and the owner or developer of a property is actively and diligently proceeding forward with the partial or total demolition, repair, reconstruction, or preservation of the vacant building or structure. In the event that the City Manager, or his or her designee, determines in the City Manager’s sole discretion the owner or developer of a property is in default with respect to such conditions to any term or condition of a development related agreement through which any building or structure is exempt from application of this Article, the City may issue written notice to that owner that if the default in question is not cured in its entirety within 30 days of the issuance, that the exemption provided by this Section shall be revoked, and that this Article shall immediately become fully applicable to the building or structure in question.
14-505 Service requirements.
(a) Except as otherwise provided, any notice required to be served under this Article must be completed by either:
(1) Personal service; or
(2) Service by United States mail addressed to the person to be notified at the address as listed in the last equalized assessment roll. Service by mail is complete at the time of deposit in the mail. Failure of any person to receive a properly-addressed notice by mail shall not invalidate any action, decision, determination, or proceeding under this Article.
14-506 Registration requirement for vacant buildings.
(a) Registration Required. An owner of a vacant building must register their property with the Enforcement Official within 10 days of the building becoming vacant or being deemed vacant. If any building shows evidence of vacancy, it is hereby deemed vacant.
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(b) Application Required. Any person seeking to register a vacant building must submit a complete, written application to the City using a form adopted by the City for that purpose. Submission of an application for registration does not authorize the maintenance of a vacant building until such registration has been accepted by the City.
(c) Application Contents. The application for registration pursuant to this Section must contain or be accompanied by the following:
(1) The name and address of each owner and the local property management company, if any, responsible for the security, maintenance, and marketing of the property in question.
(2) A maintenance plan describing and documenting how the maintenance requirements of this Article will be complied with.
(3) Documentation and information showing compliance with the local property management company requirements of this Article.
(d) Annual Registration. The registration pursuant to this Section must be renewed annually.
(e) Fee. The City Council may establish by resolution, and from time to time may amend, an annual registration fee. An application for registration or reregistration must be accompanied by the submission of the required fee.
Registration fees are nonrefundable and may not be prorated.
(f) Notice City of Changes to Registration. Any person, partnership, association, corporation, fiduciary, or other legal entity that has registered a property under this Article must notify the Enforcement Official in writing of any change of information contained in the registration within 10 days of the change.
14-507 Maintenance requirements for vacant buildings.
(a) Maintenance Required. It is unlawful for any owner to maintain any improved property in violation of the provisions of this Article. All vacant buildings, residential and commercial, must be maintained in compliance with the Hemet Municipal Code.
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(b) Additional Requirements for Commercial Properties. Any vacant commercial building must be maintained in accordance with the following requirements:
(1) All doors, windows, and other openings are secure or boarded in accordance with this Article.
(2) Any temporary site perimeter fencing is placed in connection with a building permit.
(3) The property must be continuously monitored, as follows:
(i) Buildings with fire sprinkler systems must be maintained in working order.
(ii) Buildings with a centralized and registered fire and burglar alarm system must be maintained in working order, and monthly reports showing continued and active service shall be submitted to the Enforcement Official.
(iii) Buildings without fire sprinkler systems or fire alarm or burglar alarm systems shall be provided with continuous physical monitoring by means of an onsite patrol. “Continuous physical monitoring” shall mean the use of a licensed security agency operating in the City of Hemet and providing regular surveillance of the vacant building as part of the agency’s security route.
(4) A monthly report from the property owner or the property owner’s representative or property management company that identifies each date inspections were performed for the reporting period and a statement affirming that the building interior, exterior, and the entire site was inspected, the landscaping is maintained in good condition, and that all buildings are secure.
(c) Additional Requirements for Commercial Buildings in Downtown. In addition to the requirements of the prior Section, any commercial building located in Downtown must participate in the Property Improvement Program.Reserved.
(d) Requirements For Buildings Vacant More Than 90 Days. No person may allow a building designed for human use or occupancy to stand vacant for more than 90 days, unless the person establishes by substantial evidence to the
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reasonable satisfaction of the Enforcement Official that at least one of the following applies:
(1) Active Construction. The building is the subject of Active Construction for repair or rehabilitation in order to make the building habitable, and the owner is progressing diligently to complete such repair or rehabilitation within one year of the issuance of the building permit related to such repair or rehabilitation.
(2) Active Marketing. The building or property contains no Hemet Municipal Code violations, is ready for occupancy, and is actively being offered for sale, lease, or rent.
(3) Active Maintenance. The person is actively maintaining and monitoring the building, which includes:
(i) Maintenance of landscaping and plant materials in good condition.
(ii) Maintenance of the exterior of the building including, but not limited to, paint, finishes, windows, doors, and signage in good condition and in compliance with this Article.
(iii) Any sign which advertises a use or business not being made on the premises, the name of the owner or user, or which identifies a product, an interest, service, or entertainment not available on the premises is prohibited.
(iv) Regular removal of all exterior trash, debris, and graffiti.
(v) Prevention of criminal activity on the premises including, but not limited to, use and sale of controlled substances, prostitution, and criminal street gang activity.
(vi) Any windows screened: (1) in a manner authorized by this Code; or (2) election upon registration of a vacant building to participate in the Property Improvement Program.
(vii) Securing the property in a manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding and garage), gates, and any
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other opening that may allow access to the interior of the property or structure(s), or the erection of temporary construction fencing approved by the Enforcement Official for not more than 180 days. In the case of broken windows, securing includes the replacement of the broken window.
(viii) Maintaining sufficient utility services to provide power for any alarm or security system and to properly irrigate all landscaping on the property.
(ix) Compliance with any alternative or additional methods of securing a building in the Downtown as may be imposed by the Enforcement Official. Such methods may include, but will not be limited to, security patrols, alarms, or other security requirements.
(x) The building or the lot on which the building is located, and the landscaping on such lot, does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building and the lot so that it does not contribute to blight.
(e) Insurance. The Owner shall maintain fire and liability insurance coverage in an amount as determined necessary by the City’s Risk Manager. Any insurance policy shall require advanced, written notice to the Risk Manager in the event of cancellation of insurance or a reduction in coverage.
14-508 Local property management requirement.
(a) Any owner located more than 40 miles by road from a property containing a vacant building that must be registered, must retain a local property management company with a business license in the City, and must be contracted to perform weekly inspections to ensure compliance with the Hemet Municipal Code.
(b) The property must be posted with the name and contact phone number of the local property management company. The posting must be no less than 18″ X 24″, must be of a font that is legible from a distance of 45 feet, and must contain the following: “THIS PROPERTY MANAGED BY (LOCAL PROPERTY MANAGEMENT COMPANY),” and “TO REPORT PROBLEMS OR
CONCERNS CALL (PHONE NUMBER).”
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(c) The posting must be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building facing the street of the front of the property so it is visible from the street. If no such area exists, the posting must be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant materials.
(d) The local property management company must inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this Article and must perform all monitoring duties prescribed in this Article. If the property management company determines the property is not in compliance with this Article or any provision of the Hemet Municipal Code, it is the company’s duty to notify the owner and bring the property into compliance.)
14-509 Monitoring program for commercial properties.
(a) Monitoring Program Established. A program monitoring commercial properties is hereby established. The Enforcement Official is responsible for administering the monitoring program to enforce this Article.
(b) Monitoring Program Duties. The Enforcement Official has the duty and responsibility to do the following pursuant to the monitoring program:
(1) Inspect properties in the City to identify commercial buildings that are vacant.
(2) Order vacant commercial buildings to comply with this Article and any other applicable codes.
(3) Order vacant commercial buildings that are open and accessible to be secured against unlawful entry in accordance with this Article.
(4) Order the property on which the vacant commercial building is located to be properly maintained or cleared of trash and debris.
(5) Initiate proceedings against the owner of any vacant commercial building found to be in violation of this Article or any other applicable code.
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(6) Maintain surveillance over vacant commercial buildings so that timely code enforcement proceedings are commenced in the event the property becomes substandard or a nuisance.
(7) Establish and enforce rules and regulations for the implementation and compliance with the Property Improvement Program.Reserved.
(8) Identify blighted property and to initiate proceedings against the owner of record of any blighted property for failure to remedy such blight.
(c) Fee Imposed. There is imposed upon every owner of a vacant commercial building monitored pursuant to this Article an annual vacant commercial building monitoring fee in an amount the City Council may establish by resolution, provided that the fee shall not exceed the estimated reasonable cost of monitoring the vacant commercial building.
(d) Fee Procedure. If unpaid in connection with a vacant building registration, a vacant commercial building monitoring fee may be billed and mailed to the owner of the property. Any owner aggrieved by the decision of the Enforcement Official relating to a vacant registration fee bill may appeal the decision to the City Hearing Officer in the manner described in Article II of Article 1. If the fee is not paid within 60 days following billing, the City Council may thereupon order that the fee be specially assessed against the property involved. If the City Council orders that the fee be specially assessed against the property, it shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. The City Council may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee.
14-510 Boarding permits and regulations.
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(a) Boarding Permit Required. No person may erect, install, place, or maintain boards over the doors, windows, or other openings of any building or structure or otherwise secure such openings without a valid a boarding permit from the City.
(b) Boarding Permit Process. The Enforcement Official must issue a boarding permit required by this Section upon submission of a written application by the owner of the property upon payment of the required fee and upon confirmation by the Enforcement Official that the boarding or other method of securing has been done in compliance with this Section.
(c) Boarding Permit Period of Validity. The boarding permit is valid for 90 days.
(d) Boarding Permit Extension. A boarding permit may be extended once, for a period of an additional 90 days, provided that the following conditions exist: (i) the boarding is in compliance with this Section, (ii) the owner has submitted the request for extension within 10 days after the expiration of the initial boarding permit period, (iii) the owner has complied with all prior orders and notice from the City regarding the property, (iv) the owner simultaneously submits a detailed plan and timeline for correction, repair, and rehabilitation of the property, or a plan for the sale of the property with a provision in the sale requiring the correction, repair, or rehabilitation of the property.
(e) Boarding Permit Renewal for Good Cause. A boarding permit may not be issued for a building that was previously boarded until one year after the date of expiration of the previous boarding permit or extended boarding permit, .
However, except the Enforcement Official may renew a new boarding permit for a period of three months upon a showing of good cause, as determined in the Enforcement Official’s sole discretion. “Good cause” means a showing by the owner that the permit reissuance is necessary due to conditions or events beyond the owner’s control, such as inability to obtain financing, financial hardship, inability to locate a suitable buyer despite diligent efforts, or unanticipated delays in construction. “Good cause” also means a showing that the owner exercised reasonable and due diligence in attempting to complete the needed work or in attempting to sell, rent, or lease the property. Renewal shall require submission of a written application demonstrating good cause, payment of the boarding permit fee, and upon confirmation by the Enforcement Official that the method of boarding or securing of the building has been done in compliance with this Section.
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(f) Limitation on Boarding Permit for Downtown. A boarding permit may be issued for a building in Downtown only if the building has been damaged by fire, natural disaster, or other emergency situation. Any such boarding permit is valid only for the period of time the Enforcement Official reasonably determines to be necessary to affect such repairs or rehabilitation, such time period not to exceed one year without approval by the City Manager or the City Manager’s designated Hearing Officer. The Hearing Officer shall use the same hearing process and standard as described in Section 105.5.3(4) of the Hemet Building Code.
(g) Boarding Permit Fees. The fees for the initial boarding permit, and the extension and the renewal permit, shall be as established from time to time by resolution of the City Council.
(h) Boarding Standards. The boarding or securing of the doors, windows, or other openings of any building must comply with the following standards.
(1) Securing by Boarding. The boarding of doors, windows, and other openings must comply with the following requirements.
(i) Windows and similar openings must be boarded with exterior- grade plywood of a minimum thickness of 3/4 inch or equivalent. Plywood must be secured by 2″x4″ or 4″x4″ crossmembers, secured to the plywood by 3/8 inch plated carriage bolts with washers on each end. Bolts and nuts used to secure the crossmember must be threaded to the correct length and tightened securely. A minimum of two crossmembers must be used on each window. Each crossmember must be a continuous piece of lumber, and each must extend at least one foot past the window opening in each direction. Additional measures may be required as deemed necessary in the sole discretion of the Enforcement Official.
(ii) Exterior doors must be boarded with exterior-grade plywood of a minimum thickness of 3/4 inch or equivalent fitted to the entry door jamb with maximum 1/8 inch clearance each edge. The existing door must be removed and stored inside the building. Plywood must be secured by 2″x4″ or 4″x4″ crossmembers, secured to the plywood by 3/8 inch plated carriage bolts and matching hardware. A minimum of one door must be operable. Plywood for operable door openings must be attached to the door entry with three case hardened strap hinges of the type specified by the Enforcement Official. Plywood must be secured by a case hardened steel hasp and minimum two-inch hardened padlock, also of the type specified by the Enforcement Official. Additional
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measures may be required as deemed necessary in the sole discretion of the Enforcement Official.
(iii) All boarded openings must be painted with exterior paint that is of a color compatible with the exterior color of the building and is approved by the Enforcement Official.
(2) Alternative Methods of Securing a Building. Upon application for a boarding permit, the Enforcement Official may approve alternative methods of securing a vacant building. In making the determination to approve any alternative method, the Enforcement Official must consider the effectiveness of the alternative method to provide adequate and long-term security against the unauthorized entry and the aesthetic and other impacts of such method on the immediate neighborhood.
(3) Additional Requirements. In connection with the boarding or securing of the doors, windows, or other openings of any building, the owner must also comply with the following requirements.
(i) All utility services to the building must be terminated by removal of the meters and termination of electric power by Southern California Edison or any successor utility. Compliance with this Subsection may be waived in writing by the Enforcement Official as to electric power in the event that electricity is necessary to power exterior security lighting, an alarm system, or equipment to be used in connection with the rehabilitation of the building for which there is a valid building permit.
(ii) The sewer must be capped in a manner approved by the Enforcement Official so as to prevent the accumulation of methane gas in the building or structure.
(iii) The interior of the building must be cleared of all trash, junk, garbage, debris, solid waste, and personal possessions, in order to eliminate any fire or health hazard and prevent hindrance to firefighting equipment and personnel in the event of a fire.
(iv) The owner of any boarded building must register the building as vacant with the City in accordance with this Article.
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14-510 Enforcement.
(a) Violation Unlawful. It is unlawful and declared a public nuisance for any person to violate any provision of this Article.
(b) Criminal Penalties. Any person who violates any provision of this Article is guilty of a misdemeanor punishable by a fine of up to $1,000, or by imprisonment in the County jail not exceeding six months, or by both such fine and imprisonment, except the City Attorney may prosecute a violation of this Article as an infraction or reduce a previously charged misdemeanor to an infraction, in his or her discretion.
(c) Administrative Penalties. Any person who violates any provision of this Article may be issued an administrative penalty in accordance this Code.
(1) Appeal and Collection of Penalty. The Enforcement Official’s administrative penalty may be appealed in the manner provided in Article II of Chapter 1 of this Code.
(2) For any non-residential property in Downtown subject to this Article, the initial penalty shall be $2,500.00. If the violation continues after the compliance date in the first administrative citation or any extension period granted by the City, a second administrative penalty in the amount of $5,000.00 may be issued. If the violation continues after the compliance date in the second administrative citation or any extension period granted by the City, a third administrative penalty in the amount of $25,000.00 may be issued. For any other properties subject to this Article, the penalties shall be in the amounts set forth in Section 1-86 of this Code.
(d) Civil or Equitable Enforcement. Nothing in this Article prevents the City Attorney from bringing a civil or equitable action, at his or her discretion, to seek the abatement of any violation of this Code.
(e) Ongoing Violations. Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense.
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(f) Remedies Cumulative. The remedies, procedures, and penalties provided by this Article are cumulative to each other and to any other available under City, State, or federal law.
(g) Joint and Several Liability. The duties and liabilities specified in this Article are joint and several among and between all owners.
SECTION 3. Severability: If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.
SECTION 5. Notice of Adoption. The City Clerk shall publish this Ordinance in the manner required by law.
////
INTRODUCED at the regular meeting of the Hemet City Council on September 26, 2023
APPROVED AND ADOPTED this ___ day of _________________, 2023.
______________________________
Joe Males, Mayor
ATTEST:
____________________________
John Paul Maier, City Clerk
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CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. 2023-xxx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEMET,
CALIFORNIA, AMENDING ARTICLE XI (MAINTENANCE,
SECURITY, AND REHABILITATION OF ABANDONED OR VACANT
PROPERTIES) OF CHAPTER 14 (BUILDINGS AND BUILDING
REGULATIONS)
THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the following, each a separate and independent basis: CEQA Guidelines, Section 15378 (not a project) and Section 15061 (b)(3) (no significant environmental impact).
SECTION 2. CHAPTER 14, ARTICLE XI is hereby amended to read as follows:
ARTICLE XI
VACANT BUILDINGS AND BOARDING REGULATIONS
14-501 Purpose.
14-502 Severability.
14-503 Definitions.
14-504 Scope.
14-505 Service requirements.
14-506 Registration requirement for vacant buildings.
14-507 Maintenance requirements for vacant buildings.
14-508 Local property management requirement.
14-509 Monitoring program for commercial properties.
14-510 Boarding permits and regulations.
14-511 Enforcement.
14-501 Purpose.
The purpose of this Article is to ensure all vacant and boarded buildings comply with minimum property maintenance requirements, to encourage proactive and
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preventive maintenance of properties, to ensure maintenance issues are quickly and efficiently remedied, and to promote the health, safety, and welfare of the people of the City of Hemet.
14-502 Severability.
If any provision of this Ordinance and Article is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity will not affect the remaining provisions of this Ordinance and Article, which can be implemented without the invalid provisions, and to this end, the provisions of this Ordinance and Article are declared to be severable.
14-503 Definitions.
As used in this Article, the following terms and phrases are defined as follows:
(a) “Active Construction” means that (i) permitted construction activity is taking place at a property without any pause, interruption, or suspension greater in duration than 45 days, and (ii) the owner, owner of record, or a duly authorized agent, servant, assign, employee, or contractor acting or providing services on behalf thereof, is on-site at a property that is under construction, actively engaged in construction, maintenance, demolition, or related administrative activity, without any pause, interruption, or suspension greater in duration than 15 days. (b) “Blight” or “Blighted property” means any one or more of the following conditions or activities:
(1) Abandoned Building or Structure.
(i) A building or structure which is not being inhabited, occupied, or used and which is unsecured. For purposes of this Article, a building or structure is unsecured when the public can gain entry without the consent of the owner; or
(ii) A partially constructed, reconstructed, or demolished building or structure upon which work is abandoned. Work is deemed abandoned when there is no valid and current building or demolition permit, or when there has not been any substantial work on the project for a period of six (6) months or more.
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(2) Attractive Nuisance. Property which is in an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals, or other unauthorized persons, or so as to enable persons to use the property for the purpose of committing a nuisance or unlawful act.
(3) A building or structure which is in a state of disrepair:
(i) Exterior wall and/or roof coverings which are missing, have been removed, or have become deteriorated and do not provide adequate weather protections, resulting in termite infestation and/or dry rot. (ii) Broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers. (iii) Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures on the property which are broken, deteriorated, or substantially defaced, to the extent that the disrepair is visible from any public right-of-way or visually impacts neighboring public or private property or presents an endangerment to public safety. (iv) Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures on the property which have been repainted in such a manner that the appearance may be further deteriorated or substantially defaced.
(4) Property Inadequately Maintained.
(i) Overgrown, diseased, dead, or decayed trees, weeds, or vegetation that: (1) are likely to harbor rats, pigeons, vermin, and other nuisances; or (2) substantially detract from the aesthetic and property values of neighboring properties; or (3) constitute a fire hazard or other condition that is dangerous to the public health, safety, or welfare; or (4) are likely to attract use as shelter by transients.
(ii) Solid waste, which includes “garbage,” “refuse,” and “rubbish,” and all “solid waste” as may be defined in this Code, constitutes blight and blighted property in the following situations: (1) the accumulation of solid waste is visible from a street or public right-of-way, is not enclosed in a City- approved container, and is present for more than 72 consecutive hours; or (2) the accumulation of solid waste is being stored or disposed of in a manner that would
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allow the material to be transported by wind or otherwise onto or upon any public street, public right-of-way, or neighboring property, unless the method of storage or disposal is specifically allowed by this Code.
(5) Any swimming pool, pond, or other body of water which is abandoned, unattended, unfiltered, drained with no cover to prevent the existence of a hazard, or not otherwise maintained, resulting in polluted water. “Polluted water” is defined for the purpose of this Article, as water which contains organic growth, including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter or materials, which, because of its nature or locations, constitutes an unhealthy or unsafe condition.
(c) “Building” means any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure, approved for occupancy on either a lot of record or within a single project approved by the City pursuant to the City’s Zoning Code.
(d) “Commercial Properties” means all properties in the City that are not developed for solely single family residential uses. The term “commercial properties” includes apartment buildings that include five or more rental units. (e) “Development Agreement” means an agreement between the City and at least one other person or entity whereby an owner secures the authorization and approval of the City, through a duly authorized written contractto pursue a development or redevelopment project at a property where one or more abandoned buildings or structures, and/or vacant building is located. (f) “Downtown” means the area bounded by the Downtown Specific Plan (SP 16-001)
(g) “Enforcement Official” means the City Manager, Building Official, the Chief of Police, the Fire Chief, or their respective designees. (h) “Evidence of Vacancy” means any building in the context of the totality of circumstances that would lead a reasonable Enforcement Official to believe that the building is vacant or occupied by a person without a legal right of occupancy.
Such real property conditions include, but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers, or mail; past due utility notices or disconnected utilities; accumulation of trash, junk, or debris; the absence of window coverings such as curtains, blinds, or shutters; the absence of
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furnishings or personal items consistent with residential habitation; or statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.
(i) “Local” means within 40 driving miles of the building, structure, or real property in question.
(j) “Out of Area” means in excess of 40 road or driving miles of the building, structure, or real property in question.
(k) “Owner” means any person having legal or equitable title or any interest in real property, including all persons shown as owners on the last equalized assessment roll of the Riverside County Assessor’s Office. An owner includes a person with power of attorney, an executor of estate, trustee, or who is a court appointed administrator, conservator, guardian, or receiver. (l) “Person” means any natural person, partnership of any kind, corporation, limited liability company, association, joint venture, or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons.
(m) “Vacant building” means a building where at least thirty-five percent (35%) of the total floor area within the building is not lawfully occupied.
14-504 Scope.
(a) Applicability. The provisions of this Article shall apply generally to all improved real property throughout the City of Hemet where any of the conditions specified in this Article are found to exist.
(b) Regulations Cumulative. The regulations provided by this Article are cumulative to each other and to any other available under City, State, or federal law.
(c) Authority to Enforce Article. The Enforcement Official is authorized to administer and enforce this Article. The Enforcement Official may adopt supplemental regulations or policies to implement and interpret this Article.
These regulations or policies must conform with the purpose of this Article.
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(d) Development Agreement Exemption. In the event that the City enters a development agreement with the owner or developer of a property incorporating the partial or total demolition, repair, reconstruction, or preservation of a vacant building or structure the vacant building or structure in question is exempt from application of this Article, provided that the property is maintained in strict accord with the terms and conditions of the development agreement, the development agreement is valid and in effect, and the owner or developer of a property is actively and diligently proceeding forward with the partial or total demolition, repair, reconstruction, or preservation of the vacant building or structure. In the event that the City Manager, or his or her designee, determines in the City Manager’s sole discretion the owner or developer of a property is in default with respect to such conditions, the City may issue written notice to that owner that if the default in question is not cured in its entirety within 30 days of the issuance, that the exemption provided by this Section shall be revoked, and that this Article shall immediately become fully applicable to the building or structure in question.
14-505 Service requirements.
(a) Except as otherwise provided, any notice required to be served under this Article must be completed by either:
(1) Personal service; or
(2) Service by United States mail addressed to the person to be notified at the address as listed in the last equalized assessment roll. Service by mail is complete at the time of deposit in the mail. Failure of any person to receive a properly-addressed notice by mail shall not invalidate any action, decision, determination, or proceeding under this Article.
14-506 Registration requirement for vacant buildings.
(a) Registration Required. An owner of a vacant building must register their property with the Enforcement Official within 10 days of the building becoming vacant or being deemed vacant. If any building shows evidence of vacancy, it is hereby deemed vacant.
(b) Application Required. Any person seeking to register a vacant building must submit a complete, written application to the City using a form adopted by
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the City for that purpose. Submission of an application for registration does not authorize the maintenance of a vacant building until such registration has been accepted by the City.
(c) Application Contents. The application for registration pursuant to this Section must contain or be accompanied by the following:
(1) The name and address of each owner and the local property management company, if any, responsible for the security, maintenance, and marketing of the property in question.
(2) A maintenance plan describing and documenting how the maintenance requirements of this Article will be complied with. (3) Documentation and information showing compliance with the local property management company requirements of this Article. (d) Annual Registration. The registration pursuant to this Section must be renewed annually.
(e) Fee. The City Council may establish by resolution, and from time to time may amend, an annual registration fee. An application for registration or reregistration must be accompanied by the submission of the required fee.
Registration fees are nonrefundable and may not be prorated. (f) Notice City of Changes to Registration. Any person, partnership, association, corporation, fiduciary, or other legal entity that has registered a property under this Article must notify the Enforcement Official in writing of any change of information contained in the registration within 10 days of the change.
14-507 Maintenance requirements for vacant buildings.
(a) Maintenance Required. It is unlawful for any owner to maintain any improved property in violation of the provisions of this Article. All vacant buildings, residential and commercial, must be maintained in compliance with the Hemet Municipal Code.
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(b) Additional Requirements for Commercial Properties. Any vacant commercial building must be maintained in accordance with the following requirements:
(1) All doors, windows, and other openings are secure or boarded in accordance with this Article.
(2) Any temporary site perimeter fencing is placed in connection with a building permit.
(3) The property must be continuously monitored, as follows:
(i) Buildings with fire sprinkler systems must be maintained in working order.
(ii) Buildings with a centralized and registered fire and burglar alarm system must be maintained in working order, and monthly reports showing continued and active service shall be submitted to the Enforcement Official. (iii) Buildings without fire sprinkler systems or fire alarm or burglar alarm systems shall be provided with continuous physical monitoring by means of an onsite patrol. “Continuous physical monitoring” shall mean the use of a licensed security agency operating in the City of Hemet and providing regular surveillance of the vacant building as part of the agency’s security route. (4) A monthly report from the property owner or the property owner’s representative or property management company that identifies each date inspections were performed for the reporting period and a statement affirming that the building interior, exterior, and the entire site was inspected, the landscaping is maintained in good condition, and that all buildings are secure. (c) Reserved.
(d) Requirements For Buildings Vacant More Than 90 Days. No person may allow a building designed for human use or occupancy to stand vacant for more than 90 days, unless the person establishes by substantial evidence to the reasonable satisfaction of the Enforcement Official that at least one of the following applies:
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(1) Active Construction. The building is the subject of Active Construction for repair or rehabilitation in order to make the building habitable, and the owner is progressing diligently to complete such repair or rehabilitation within one year of the issuance of the building permit related to such repair or rehabilitation.
(2) Active Marketing. The building or property contains no Hemet Municipal Code violations, is ready for occupancy, and is actively being offered for sale, lease, or rent.
(3) Active Maintenance. The person is actively maintaining and monitoring the building, which includes:
(i) Maintenance of landscaping and plant materials in good condition.
(ii) Maintenance of the exterior of the building including, but not limited to, paint, finishes, windows, doors, and signage in good condition and in compliance with this Article.
(iii) Any sign which advertises a use or business not being made on the premises, the name of the owner or user, or which identifies a product, an interest, service, or entertainment not available on the premises is prohibited. (iv) Regular removal of all exterior trash, debris, and graffiti. (v) Prevention of criminal activity on the premises including, but not limited to, use and sale of controlled substances, prostitution, and criminal street gang activity.
(vi) Any windows screened in a manner authorized by this Code. (vii) Securing the property in a manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding and garage), gates, and any other opening that may allow access to the interior of the property or structure(s), or the erection of temporary construction fencing approved by the Enforcement Official for not more than 180 days. In the case of broken windows, securing includes the replacement of the broken window.
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(viii) Maintaining sufficient utility services to provide power for any alarm or security system and to properly irrigate all landscaping on the property.
(ix) Compliance with any alternative or additional methods of securing a building in the Downtown as may be imposed by the Enforcement Official. Such methods may include, but will not be limited to, security patrols, alarms, or other security requirements.
(x) The building or the lot on which the building is located, and the landscaping on such lot, does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building and the lot so that it does not contribute to blight.
(e) Insurance. The Owner shall maintain fire and liability insurance coverage in an amount determined necessary by the City’s Risk Manager. Any insurance policy shall require advanced, written notice to the Risk Manager in the event of cancellation of insurance or a reduction in coverage.
14-508 Local property management requirement.
(a) Any owner located more than 40 miles by road from a property containing a vacant building that must be registered, must retain a local property management company with a business license in the City, and must be contracted to perform weekly inspections to ensure compliance with the Hemet Municipal Code.
(b) The property must be posted with the name and contact phone number of the local property management company. The posting must be no less than 18″ X 24″, must be of a font that is legible from a distance of 45 feet, and must contain the following: “THIS PROPERTY MANAGED BY (LOCAL PROPERTY MANAGEMENT COMPANY),” and “TO REPORT PROBLEMS OR
CONCERNS CALL (PHONE NUMBER).”
(c) The posting must be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building facing the street of the front of the property so it is visible from the street. If no such area exists, the posting must be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential
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vandalism. Exterior posting must be constructed of, and printed with weather resistant materials.
(d) The local property management company must inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this Article and must perform all monitoring duties prescribed in this Article.
If the property management company determines the property is not in compliance with this Article or any provision of the Hemet Municipal Code, it is the company’s duty to notify the owner and bring the property into compliance.)
14-509 Monitoring program for commercial properties.
(a) Monitoring Program Established. A program monitoring commercial properties is hereby established. The Enforcement Official is responsible for administering the monitoring program to enforce this Article. (b) Monitoring Program Duties. The Enforcement Official has the duty and responsibility to do the following pursuant to the monitoring program:
(1) Inspect properties in the City to identify commercial buildings that are vacant.
(2) Order vacant commercial buildings to comply with this Article and any other applicable codes.
(3) Order vacant commercial buildings that are open and accessible to be secured against unlawful entry in accordance with this Article. (4) Order the property on which the vacant commercial building is located to be properly maintained or cleared of trash and debris. (5) Initiate proceedings against the owner of any vacant commercial building found to be in violation of this Article or any other applicable code. (6) Maintain surveillance over vacant commercial buildings so that timely code enforcement proceedings are commenced in the event the property becomes substandard or a nuisance.
(7) Reserved.
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(8) Identify blighted property and to initiate proceedings against the owner of record of any blighted property for failure to remedy such blight. (c) Fee Imposed. There is imposed upon every owner of a vacant commercial building monitored pursuant to this Article an annual vacant commercial building monitoring fee in an amount the City Council may establish by resolution, provided that the fee shall not exceed the estimated reasonable cost of monitoring the vacant commercial building.
(d) Fee Procedure. If unpaid in connection with a vacant building registration, a vacant commercial building monitoring fee may be billed and mailed to the owner of the property. Any owner aggrieved by the decision of the Enforcement Official relating to a vacant registration fee bill may appeal the decision to the City Hearing Officer in the manner described in Article II of Article 1. If the fee is not paid within 60 days following billing, the City Council may thereupon order that the fee be specially assessed against the property involved. If the City Council orders that the fee be specially assessed against the property, it shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. The City Council may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee.
14-510 Boarding permits and regulations.
(a) Boarding Permit Required. No person may erect, install, place, or maintain boards over the doors, windows, or other openings of any building or structure or otherwise secure such openings without a valid boarding permit from the City. (b) Boarding Permit Process. The Enforcement Official must issue a boarding permit required by this Section upon submission of a written application by the owner of the property upon payment of the required fee and upon confirmation by the Enforcement Official that the boarding or other method of securing has been done in compliance with this Section.
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(c) Boarding Permit Period of Validity. The boarding permit is valid for 90 days.
(d) Boarding Permit Extension. A boarding permit may be extended once, for a period of an additional 90 days, provided that the following conditions exist: (i) the boarding is in compliance with this Section, (ii) the owner has submitted the request for extension within 10 days after the expiration of the initial boarding permit period, (iii) the owner has complied with all prior orders and notice from the City regarding the property, (iv) the owner simultaneously submits a detailed plan and timeline for correction, repair, and rehabilitation of the property, or a plan for the sale of the property with a provision in the sale requiring the correction, repair, or rehabilitation of the property.
(e) Boarding Permit Renewal. A boarding permit may not be issued for a building that was previously boarded until one year after the date of expiration of the previous boarding permit or extended boarding permit. However, the Enforcement Official may renew a new boarding permit for a period of three months upon a showing of good cause, as determined in the Enforcement Official’s sole discretion. “Good cause” means a showing by the owner that the permit reissuance is necessary due to conditions or events beyond the owner’s control, such as inability to obtain financing, financial hardship, inability to locate a suitable buyer despite diligent efforts, or unanticipated delays in construction. “Good cause” also means a showing that the owner exercised reasonable and due diligence in attempting to complete the needed work or in attempting to sell, rent, or lease the property. Renewal shall require submission of a written application demonstrating good cause, payment of the boarding permit fee, and upon confirmation by the Enforcement Official that the method of boarding or securing of the building has been done in compliance with this Section.
(f) Limitation on Boarding Permit for Downtown. A boarding permit may be issued for a building in Downtown only if the building has been damaged by fire, natural disaster, or other emergency situation. Any such boarding permit is valid only for the period of time the Enforcement Official reasonably determines to be necessary to affect such repairs or rehabilitation, such time period not to exceed one year without approval by the City Manager or the City Manager’s designated Hearing Officer. The Hearing Officer shall use the same hearing process and standard as described in Section 105.5.3(4) of the Hemet Building Code.
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(g) Boarding Permit Fees. The fees for the initial boarding permit, and the extension and the renewal permit, shall be as established from time to time by resolution of the City Council.
(h) Boarding Standards. The boarding or securing of the doors, windows, or other openings of any building must comply with the following standards. (1) Securing by Boarding. The boarding of doors, windows, and other openings must comply with the following requirements.
(i) Windows and similar openings must be boarded with exterior-grade plywood of a minimum thickness of 3/4 inch or equivalent.
Plywood must be secured by 2″x4″ or 4″x4″ crossmembers, secured to the plywood by 3/8 inch plated carriage bolts with washers on each end. Bolts and nuts used to secure the crossmember must be threaded to the correct length and tightened securely. A minimum of two crossmembers must be used on each window. Each crossmember must be a continuous piece of lumber, and each must extend at least one foot past the window opening in each direction. Additional measures may be required as deemed necessary in the sole discretion of the Enforcement Official.
(ii) Exterior doors must be boarded with exterior-grade plywood of a minimum thickness of 3/4 inch or equivalent fitted to the entry door jamb with maximum 1/8 inch clearance each edge. The existing door must be removed and stored inside the building. Plywood must be secured by 2″x4″ or 4″x4″ crossmembers, secured to the plywood by 3/8 inch plated carriage bolts and matching hardware. A minimum of one door must be operable. Plywood for operable door openings must be attached to the door entry with three case hardened strap hinges of the type specified by the Enforcement Official. Plywood must be secured by a case hardened steel hasp and minimum two-inch hardened padlock, also of the type specified by the Enforcement Official. Additional measures may be required as deemed necessary in the sole discretion of the Enforcement Official.
(iii) All boarded openings must be painted with exterior paint that is of a color compatible with the exterior color of the building and is approved by the Enforcement Official.
(2) Alternative Methods of Securing a Building. Upon application for a boarding permit, the Enforcement Official may approve alternative methods of
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securing a vacant building. In making the determination to approve any alternative method, the Enforcement Official must consider the effectiveness of the alternative method to provide adequate and long-term security against the unauthorized entry and the aesthetic and other impacts of such method on the immediate neighborhood.
(3) Additional Requirements. In connection with the boarding or securing of the doors, windows, or other openings of any building, the owner must also comply with the following requirements.
(i) All utility services to the building must be terminated by removal of the meters and termination of electric power by Southern California Edison or any successor utility. Compliance with this Subsection may be waived in writing by the Enforcement Official as to electric power in the event that electricity is necessary to power exterior security lighting, an alarm system, or equipment to be used in connection with the rehabilitation of the building for which there is a valid building permit.
(ii) The sewer must be capped in a manner approved by the Enforcement Official so as to prevent the accumulation of methane gas in the building or structure.
(iii) The interior of the building must be cleared of all trash, junk, garbage, debris, solid waste, and personal possessions, in order to eliminate any fire or health hazard and prevent hindrance to firefighting equipment and personnel in the event of a fire.
(iv) The owner of any boarded building must register the building as vacant with the City in accordance with this Article.
14-510 Enforcement.
(a) Violation Unlawful. It is unlawful and declared a public nuisance for any person to violate any provision of this Article.
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(b) Criminal Penalties. Any person who violates any provision of this Article is guilty of a misdemeanor punishable by a fine of up to $1,000, or by imprisonment in the County jail not exceeding six months, or by both such fine and imprisonment, except the City Attorney may prosecute a violation of this Article as an infraction or reduce a previously charged misdemeanor to an infraction, in his or her discretion.
(c) Administrative Penalties. Any person who violates any provision of this Article may be issued an administrative penalty in accordance this Code. (1) Appeal and Collection of Penalty. The Enforcement Official’s administrative penalty may be appealed in the manner provided in Article II of Chapter 1 of this Code.
(2) For any non-residential property in Downtown subject to this Article, the initial penalty shall be $2,500.00. If the violation continues after the compliance date in the first administrative citation or any extension period granted by the City, a second administrative penalty in the amount of $5,000.00 may be issued. If the violation continues after the compliance date in the second administrative citation or any extension period granted by the City, a third administrative penalty in the amount of $25,000.00 may be issued. For any other properties subject to this Article, the penalties shall be in the amounts set forth in Section 1-86 of this Code.
(d) Civil or Equitable Enforcement. Nothing in this Article prevents the City Attorney from bringing a civil or equitable action, at his or her discretion, to seek the abatement of any violation of this Code.
(e) Ongoing Violations. Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense. (f) Remedies Cumulative. The remedies, procedures, and penalties provided by this Article are cumulative to each other and to any other available under City, State, or federal law.
(g) Joint and Several Liability. The duties and liabilities specified in this Article are joint and several among and between all owners.
SECTION 3. Severability: If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect
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without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.
SECTION 5. Notice of Adoption. The City Clerk shall publish this Ordinance in the manner required by law.
////
INTRODUCED at the regular meeting of the Hemet City Council on September 26, 2023
APPROVED AND ADOPTED this ___ day of _________________, 2023. ______________________________
Joe Males, Mayor
ATTEST:
____________________________
John Paul Maier, City Clerk
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 26 2023
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
An Ordinance of the City Council of the City of Hemet, California, Amending Article II (California Building Code) of Chapter 14 (Buildings and Building Regulations) to Amend Section 14-41 Related to Expiration of Building Permits
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Introduce by title only, waive full reading, An Ordinance Of The City Council Of The City Of Hemet, California, Amending Article Ii (California Building Code) Of Chapter 14 (Buildings And Building Regulations) To Amend Section 14-41 Related To Expiration Of Building Permits and authorize the City Clerk to place the Ordinance for adoption on the next available regular City Council meeting agenda.
BACKGROUND:
The City Council considered the language of t his Ordinance at the regular meeting on July 11, 2023 provided feedback on elements of the conceptual Ordinance.
The recommended revisions to the City's building code will add two important sections: Section 105.5.2, which deals with the time limit on permitted construction, and Section 105.5.3, detailing the process of extending the time limit to complete construction.
Under current law, a permit becomes invalid if the work is not commenced within 180 days after issuance or if the work is suspended or a bandoned for 180 days. The Building Official is able to grant extensions of time for 180 days without any ultimate limit.
This amendment would create a maximum allowable time of three years to complete any construction requiring a building permit, unless the construction has an approved extension in accordance with Section 105.5.3. This three-year timeline begins from the date of issuance for permits issued on or after July 1, 2021, or from July 1, 2021, for permits issued prior to that date. The completion date of construction is determined by the City's final inspection and approval of the construction work. The
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section also emphasizes that the time limits cannot be extended merely by issuing a subsequent building permit for the same project.
Section 105.5.3 provides a detailed procedure for extending the time limit for construction completion.
The property owner or their au thorized agent may request an extension by submitting an application form with the necessary details to the Building Official. This application should be filed at least 45 days before the building permit expiration, and a fee as per the City's master fee s chedule is required. The Building Official may grant an extension not exceeding 365 days after evaluating the progress made toward completion.
If construction remains incomplete even after the extension granted by the Building Official, further extensions of up to a year require approval of the City's Hearing Officer. After that, extensions may only be granted by the City Council.
DISCUSSION:
Based on City Council feedback, 105.5.3(d) was added which limits the authority of the Building Official to 180 days (approximately 6 months) extension for any project that began prior to July 1, 2018.
Additionally, the Hearing Officer may only grant two 90 -day extensions. This reduces the total "non - City Council" extensions for these older projects from two years to only one year.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attrac tive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
ATTACHMENT(S):
Attachment 1: Ordinance Building Code
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CITY COUNCIL ORDINANCE NO. 2023-xxx
CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. 2023-xxx
An Ordinance Of The City Council Of The City Of
Hemet, California, Amending Article II (California
Building Code) Of Chapter 14 (Buildings And
Building Regulations) To Amend Section 14-41
Related To Expiration Of Building Permits
THE CITY COUNCIL OF THE CITY OF HEMET DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The adoption of this ordinance is exempt from review under the California Environmental Quality Act
(CEQA) pursuant to the following, each a separate and
independent basis: CEQA Guidelines, Section 15378 (not a project) and Section 15061 (b)(3) (no significant
environmental impact).
SECTION 2. SECTION 14-41 OF CHAPTER 14, ARTICLE II
is hereby amended to add the following language as
appropriate under the amendments to Section 105:
Section 105.5.2 is added to read as follows:
Section 105.5.2 Time limit on permitted construction.
For any project for which a tentative and final tract map is not required, the maximum allowable time to complete
construction for any work that requires a building permit including, but not limited to, any construction, reconstruction, rehabilitation, renovation, addition(s), modification(s), improvement(s), or alteration(s), shall be limited to three (3) years, unless an extension is granted in accordance with Section 105.5.3.
For building permits issued on or after July 1, 2021, the time limit to complete construction shall begin on the date of issuance of the first or original building permit. For building permits issued prior to July 1, 2021, the time limit to complete construction shall be three (3) years from July 1, 2021.
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CITY COUNCIL ORDINANCE NO. 2023-xxx
Final inspection and approval of the construction work by the City shall mark the date of construction completion for purposes of this section. Time limits set forth herein shall not be extended by issuance of a subsequent building permit(s) for the same project.
Section 105.5.3 is added to read as follows:
Section 105.5.3 Extension of time limit to complete
construction.
The maximum allowable time to complete construction, as set forth in Section 105.5.2, may be extended as follows:
1. Application for Extension to Building Official.
a) A property owner, or authorized agent of the property owner, may request an extension by filing with the Building Official, in writing and on a form provided by the Building Official, an application for extension which sets forth:
(i) the address of the project site;
(ii) the name of the applicant and property owner;
(iii) when the first or original building permit was
issued;
(iv) the length of time extension requested, which
shall not be greater than three hundred and sixty-five (365) calendar days;
(v) how many previous extensions have been
granted;
(vi) the basis for the requested extension;
(vii) the new end project date if the application is
approved;
(viii) a brief description of the improvements that are the subject of the application; and
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CITY COUNCIL ORDINANCE NO. 2023-xxx
(ix) any other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension shall be submitted no later than forty-five (45) calendar days prior to the expiration of the building permit. The application for extension to the Building Official shall be accompanied the fee set forth in the City’s master fee schedule.
c) Within forty-five (45) days of a request for extension, the Building Official may ministerially grant, conditionally grant or deny a request for extension for a period not to exceed three hundred sixty-five (365) calendar days. The Building Official shall only grant an extension if he/she determines adequate progress has been made towards
completion of construction and the request for extension is necessary for its completion. The decision of the Building Official shall be final and non-appealable.
d) Notwithstanding subsection (c) above, for building
permits issued prior to July 1, 2018, the Building Official ministerially grant, conditionally grant or deny a request for extension for a period not to exceed one hundred eighty (180) days. The Building Official shall only grant an
extension if he/she determines adequate progress has been made towards completion of construction and the request for extension is necessary for its completion.
2. Application for Additional Extension(s).
a) If construction of the project has not been completed within the timeframe authorized by the Building Official, a property owner, or authorized agent of the property owner, may request an additional extension by filing with the City Clerk, in writing and on a form provided by the City Clerk, an application for extension which sets forth:
(i) the address of the project site;
(ii) the name of the applicant and property owner;
(iii) when the first or original building permit was
issued;
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CITY COUNCIL ORDINANCE NO. 2023-xxx
(iv) the length of time extension requested, which
shall not be greater than one hundred and eighty (180)
calendar days;
(v) how many previous extensions have been
granted;
(vi) the basis for the requested extension;
(vii) the new end project date if the application is
approved;
(viii) a brief description of the improvements that are the subject of the application; and
(ix) any other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension shall be submitted no later than forty-five (45) calendar days prior to the expiration of the building permit.
c) An application for extension filed with the City Clerk shall be accompanied by a hearing and noticing fee
identified in the City’s master fee schedule.
3. Scheduling and Noticing.
a) For an application for an additional extension set forth in subsection (2), a Hearing Officer, designated by the City Manager, shall hear and decide whether a second
application for extension, or third application for extension, shall be granted, conditionally granted, or denied. The City Council shall hear and decide whether any additional
application for extension shall be granted, conditionally granted, or denied. The applicable hearing body shall be referred to herein as the “review authority.”
b) For any application for extension to be heard by a
Hearing Officer, the City Manager shall appoint a Hearing Officer with the requisite qualifications and experience to consider the application for extension. The Hearing Officer shall not be a City employee and the employment,
performance evaluation, compensation, and benefits of the Hearing Officer, if any, shall not be conditioned, either
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CITY COUNCIL ORDINANCE NO. 2023-xxx
directly or indirectly, upon the outcome of any decision by the Hearing Officer.
Within seven (7) calendar days of the City Clerk’s
receipt of an application for extension, the City Manager or his/her designee shall notify the applicant of the name of the Hearing Officer. If the applicant wishes to challenge the designated Hearing Officer, the applicant shall have seven (7) calendar days from the date of service of the notice to submit to the City Manager a request, in writing, to disqualify the Hearing Officer, which sets forth the basis for
disqualification. A Hearing Officer may only be disqualified for:
(i) bias;
(ii) prejudice;
(iii) a conflict of interest; or
(iv) a reason for which a judge may be disqualified
after a showing of good cause under the laws of the State of California.
The City Manager will review any request for
disqualification and make a decision as to whether a Hearing Officer shall be disqualified. The City Manager’s decision shall be final. If the City Manager disqualifies a Hearing Officer, the City Manager shall designate a new Hearing Officer in accordance with the procedures in this subsection.
c) The applicant shall be notified of the time and place set for the hearing of the application, at least ten (10) calendar days prior to the date of the hearing. All hearings on an application to be heard by the review authority shall be noticed in the following manner:
(i) Mailed to property owners within three hundred (300) feet of the project site that is the subject of the application, at least ten (10) calendar days in advance of the hearing. The notice shall contain: the address of the project site; the length of time extension requested; the new end project date if the application is approved; the name of the applicant and property owner; a brief description of the improvements; the date, time, and place of the hearing; and a statement
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CITY COUNCIL ORDINANCE NO. 2023-xxx
informing the person they have the ability to attend the hearing and provide comments; and
(ii) Posted by the applicant at the project site, that is the subject of the application, at least ten (10) calendar days before the scheduled hearing. The size, location and number of sign(s) shall be posted as determined by the City Manager or his/her designee. The applicant shall be responsible for maintaining the sign(s) in a satisfactory condition and shall remove all sign(s) within twenty-four (24) hours following the conclusion of the hearing.
The failure of any person or entity to receive notice given in compliance with this subsection shall not invalidate the actions of the applicable review authority.
4. Conduct of Hearing.
a) A hearing shall be held at the date, time, and place for which notice was given.
b) The review authority shall only consider evidence and testimony, presented by the applicant or any other interested person, relevant to whether:
(i) special circumstances warrant an extension of
time;
(ii) the failure to meet the time limit was caused by
circumstances beyond the property owner’s, applicant’s or their contractor’s control; and
(iii) any approval should contain conditions to ensure
timely completion of the project in a manner that limits impacts on surrounding property owners. Any documents
submitted by City staff shall constitute prima facie evidence of the respective facts contained in those documents.
c) The review authority may grant, or conditionally grant, up to a one hundred and eighty (180) calendar day
extension, per application for extension, if it finds special circumstances warrant an extension of time or the failure to meet the time limit was caused by circumstances beyond the property owner’s, applicant’s or their contractor’s control. If the review authority makes the findings to grant an
extension, the review authority shall consider whether
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conditions are necessary to ensure timely completion of the project in a manner that limits impacts on surrounding
property owners. The review authority shall deny the
application if it cannot make the findings set forth in this subsection. Notwithstanding the above, for building permits issued prior to July 1, 2018, the review authority may grant, or conditionally grant, up to a ninety (90) calendar day extension, per application for extension, if it finds special circumstances warrant an extension of time or the failure to meet the time limit was caused by circumstances beyond the property owner’s, applicant’s or their contractor’s control.
d) A hearing may be continued without further notice,
provided the Hearing Officer or chair of the review authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.
e) The review authority may announce a tentative
decision and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared.
f) The review authority shall issue a written decision, setting forth its findings, and the decision shall be final and effective on the date the decision is made, unless otherwise specified by the review authority. The review authority shall provide the City Clerk with its final decision within three (3) calendar days of the date of decision and the City Clerk shall mail a copy of the final decision to the applicant within ten (10) calendar days of receipt of the final decision.
5. Judicial Proceeding.
Nothing herein shall prohibit the Building Official from issuing a building permit or extending a building permit if the extension is a term of an enforceable settlement agreement between the City and the property owner or a term of a court order/judgment.
6. Judicial Review.
The decision of the review authority shall not be appealable to any City body. A person shall not seek judicial review related to any application for extension until the person has first exhausted all administrative procedures.
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7. City Council Report
The City Manager or their designee shall prepare and submit a report to the City Council on a quarterly basis that
describes those building permits that have been extended and which are expired under this Ordinance.
Section 105.5.4 is added to read as follows:
Section 105.5.4 Correlation with Codes.
Sections 105.5.2 or 105.5.3 limit the total time to complete construction and shall not relieve any person or entity from complying with any other applicable provision of federal, state or local law including, but not limited to, construction related laws adopted by the City.
SECTION 3. Severability: If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance
irrespective of the invalidity of any portion thereof.
SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.
SECTION 5. Notice of Adoption. The City Clerk shall publish this Ordinance in the manner required by law.
INTRODUCED at the regular meeting of the Hemet City
Council on September 26, 2023
APPROVED AND ADOPTED this ___ day of
_________________, 2023.
______________________________
Joe Males, Mayor
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CITY COUNCIL ORDINANCE NO. 2023-xxx
ATTEST:
____________________________
John Paul Maier, City Clerk
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CITY COUNCIL ORDINANCE NO. 2023-xxx
CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. 2023-xxx
An Ordinance Of The City Council Of The City Of Hemet,
California, Amending Article II (California Building Code) of Chapter 14 (Buildings And Building Regulations) To Amend Section 14-41 Related To Expiration Of Building Permits
THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the following, each a separate and independent basis: CEQA Guidelines, Section 15378 (not a project) and Section 15061 (b)(3) (no significant environmental impact).
SECTION 2. SECTION 14-41 OF CHAPTER 14, ARTICLE II is hereby amended to add the following language as appropriate under the amendments to Section 105:
Section 105.5.2 is added to read as follows:
Section 105.5.2 Time limit on permitted construction.
For any project for which a tentative and final tract map is not required, the maximum allowable time to complete construction for any work that requires a building permit including, but not limited to, any construction, reconstruction, rehabilitation, renovation, addition(s), modification(s), improvement(s), or alteration(s), shall be limited to three (3) years, unless an extension is granted in accordance with Section 105.5.3.
For building permits issued on or after July 1, 2021, the time limit to complete construction shall begin on the date of issuance of the first or original building permit.
For building permits issued prior to July 1, 2021, the time limit to complete construction shall be three (3) years from July 1, 2021.
Final inspection and approval of the construction work by the City shall mark the date of construction completion for purposes of this section. Time limits set forth herein shall not be extended by issuance of a subsequent building permit(s) for the same project.
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Section 105.5.3 is added to read as follows:
Section 105.5.3 Extension of time limit to complete construction.
The maximum allowable time to complete construction, as set forth in Section 105.5.2, may be extended as follows:
1. Application for Extension to Building Official.
a) A property owner, or authorized agent of the property owner, may request an extension by filing with the Building Official, in writing and on a form provided by the Building Official, an application for extension which sets forth:
(i) the address of the project site;
(ii) the name of the applicant and property owner;
(iii) when the first or original building permit was issued; (iv) the length of time extension requested, which shall not be greater than three hundred and sixty-five (365) calendar days;
(v) how many previous extensions have been granted;
(vi) the basis for the requested extension;
(vii) the new end project date if the application is approved; (viii) a brief description of the improvements that are the subject of the application; and
(ix) any other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension shall be submitted no later than forty-five (45) calendar days prior to the expiration of the building permit. The application for extension to the Building Official shall be accompanied the fee set forth in the City’s master fee schedule. c) Within forty-five (45) days of a request for extension, the Building Official may ministerially grant, conditionally grant or deny a request for extension for a period not to exceed three hundred sixty-five (365) calendar days. The Building Official shall only grant an extension if he/she determines adequate progress has been made towards completion of construction and the request for extension is necessary for its completion. The decision of the Building Official shall be final and non-appealable.
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CITY COUNCIL ORDINANCE NO. 2023-xxx
d) Notwithstanding subsection (c) above, for building permits issued prior to July 1, 2018, the Building Official ministerially grant, conditionally grant or deny a request for extension for a period not to exceed one hundred eighty (180) days. The Building Official shall only grant an extension if he/she determines adequate progress has been made towards completion of construction and the request for extension is necessary for its completion.
2. Application for Additional Extension(s).
a) If construction of the project has not been completed within the timeframe authorized by the Building Official, a property owner, or authorized agent of the property owner, may request an additional extension by filing with the City Clerk, in writing and on a form provided by the City Clerk, an application for extension which sets forth:
(i) the address of the project site;
(ii) the name of the applicant and property owner;
(iii) when the first or original building permit was issued; (iv) the length of time extension requested, which shall not be greater than one hundred and eighty (180) calendar days;
(v) how many previous extensions have been granted;
(vi) the basis for the requested extension;
(vii) the new end project date if the application is approved; (viii) a brief description of the improvements that are the subject of the application; and
(ix) any other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension shall be submitted no later than forty-five (45) calendar days prior to the expiration of the building permit.
c) An application for extension filed with the City Clerk shall be accompanied by a hearing and noticing fee identified in the City’s master fee schedule.
3. Scheduling and Noticing.
a) For an application for an additional extension set forth in subsection (2), a Hearing Officer, designated by the City Manager, shall hear and decide whether a
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second application for extension, or third application for extension, shall be granted, conditionally granted, or denied. The City Council shall hear and decide whether any additional application for extension shall be granted, conditionally granted, or denied.
The applicable hearing body shall be referred to herein as the “review authority.” b) For any application for extension to be heard by a Hearing Officer, the City Manager shall appoint a Hearing Officer with the requisite qualifications and experience to consider the application for extension. The Hearing Officer shall not be a City employee and the employment, performance evaluation, compensation, and benefits of the Hearing Officer, if any, shall not be conditioned, either directly or indirectly, upon the outcome of any decision by the Hearing Officer.
Within seven (7) calendar days of the City Clerk’s receipt of an application for extension, the City Manager or his/her designee shall notify the applicant of the name of the Hearing Officer. If the applicant wishes to challenge the designated Hearing Officer, the applicant shall have seven (7) calendar days from the date of service of the notice to submit to the City Manager a request, in writing, to disqualify the Hearing Officer, which sets forth the basis for disqualification. A Hearing Officer may only be disqualified for:
(i) bias;
(ii) prejudice;
(iii) a conflict of interest; or
(iv) a reason for which a judge may be disqualified after a showing of good cause under the laws of the State of California.
The City Manager will review any request for disqualification and make a decision as to whether a Hearing Officer shall be disqualified. The City Manager’s decision shall be final. If the City Manager disqualifies a Hearing Officer, the City Manager shall designate a new Hearing Officer in accordance with the procedures in this subsection.
c) The applicant shall be notified of the time and place set for the hearing of the application, at least ten (10) calendar days prior to the date of the hearing. All hearings on an application to be heard by the review authority shall be noticed in the following manner:
(i) Mailed to property owners within three hundred (300) feet of the project site that is the subject of the application, at least ten (10) calendar days in advance of the hearing. The notice shall contain: the address of the project site; the length of time extension requested; the new end project date if the application is approved; the name of the applicant and property owner; a brief description of the
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improvements; the date, time, and place of the hearing; and a statement informing the person they have the ability to attend the hearing and provide comments; and (ii) Posted by the applicant at the project site, that is the subject of the application, at least ten (10) calendar days before the scheduled hearing. The size, location and number of sign(s) shall be posted as determined by the City Manager or his/her designee. The applicant shall be responsible for maintaining the sign(s) in a satisfactory condition and shall remove all sign(s) within twenty-four (24) hours following the conclusion of the hearing.
The failure of any person or entity to receive notice given in compliance with this subsection shall not invalidate the actions of the applicable review authority.
4. Conduct of Hearing.
a) A hearing shall be held at the date, time, and place for which notice was given.
b) The review authority shall only consider evidence and testimony, presented by the applicant or any other interested person, relevant to whether:
(i) special circumstances warrant an extension of time; (ii) the failure to meet the time limit was caused by circumstances beyond the property owner’s, applicant’s or their contractor’s control; and (iii) any approval should contain conditions to ensure timely completion of the project in a manner that limits impacts on surrounding property owners. Any documents submitted by City staff shall constitute prima facie evidence of the respective facts contained in those documents.
c) The review authority may grant, or conditionally grant, up to a one hundred and eighty (180) calendar day extension, per application for extension, if it finds special circumstances warrant an extension of time or the failure to meet the time limit was caused by circumstances beyond the property owner’s, applicant’s or their contractor’s control. If the review authority makes the findings to grant an extension, the review authority shall consider whether conditions are necessary to ensure timely completion of the project in a manner that limits impacts on surrounding property owners. The review authority shall deny the application if it cannot make the findings set forth in this subsection. Notwithstanding the above, for building permits issued prior to July 1, 2018, the review authority may grant, or conditionally grant, up to a ninety (90) calendar day extension, per application for extension, if it finds special circumstances warrant an extension of time or the failure to meet the time limit was caused by circumstances beyond the property owner’s, applicant’s or their contractor’s control.
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CITY COUNCIL ORDINANCE NO. 2023-xxx
d) A hearing may be continued without further notice, provided the Hearing Officer or chair of the review authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing. e) The review authority may announce a tentative decision and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared.
f) The review authority shall issue a written decision, setting forth its findings, and the decision shall be final and effective on the date the decision is made, unless otherwise specified by the review authority. The review authority shall provide the City Clerk with its final decision within three (3) calendar days of the date of decision and the City Clerk shall mail a copy of the final decision to the applicant within ten (10) calendar days of receipt of the final decision.
5. Judicial Proceeding.
Nothing herein shall prohibit the Building Official from issuing a building permit or extending a building permit if the extension is a term of an enforceable settlement agreement between the City and the property owner or a term of a court order/judgment.
6. Judicial Review.
The decision of the review authority shall not be appealable to any City body. A person shall not seek judicial review related to any application for extension until the person has first exhausted all administrative procedures.
7. City Council Report
The City Manager or their designee shall prepare and submit a report to the City Council on a quarterly basis that describes those building permits that have been extended and which are expired under this Ordinance.
Section 105.5.4 is added to read as follows:
Section 105.5.4 Correlation with Codes.
Sections 105.5.2 or 105.5.3 limit the total time to complete construction and shall not relieve any person or entity from complying with any other applicable provision of federal, state or local law including, but not limited to, construction related laws adopted by the City.
SECTION 3. Severability: If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are
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CITY COUNCIL ORDINANCE NO. 2023-xxx
severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.
SECTION 5. Notice of Adoption. The City Clerk shall publish this Ordinance in the manner required by law.
INTRODUCED at the regular meeting of the Hemet City Council on September 26, 2023
APPROVED AND ADOPTED this ___ day of _________________, 2023. ______________________________
Joe Males, Mayor
ATTEST:
____________________________
John Paul Maier, City Clerk
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Oct 10 2023
Department: Administration
Submitted by: Mark Prestwich, City Manager
Monique Alaniz-Flejter, Community Development Director;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
Consideration of Approval of Trash Enclosure Pilot Program; Adopt a Resolution to adopt Waiver of Program Processing Fees for Pilot Program; Direct the City Manager to prepare an Ordinance Amendment to the Hemet Municipal Code Related to the conversion of parking to accommodate required refuse and recycling bins; and Direct the City Manager to prepare an Ordinance Amendment to the Hemet Municipal Code requiring compliance with the commercial and industrial refuse requirements Citywide within two (2) years of adoption of an Ordinance
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
1. Consider approval to initiate the Trash Enclosure Pilot Program.
2. Adopt a Resolution to approve the waiver of application and processing fees associated with the Trash Enclosure Pilot Program.
3. Direct the City Manager to prepare an Amendment to the Hemet Municipal Code to provide for adequate space for refuse and recyclable materials storage and collection and allow the conversion or removal of required parking space with justification.
4. Direct the City Manager to prepare an Amendment to the Hemet Municipal Code requiring compliance with the commercial and industrial refuse requirements within two (2) years of the adoption of an ordinance.
BACKGROUND:
The City of Hemet conditions new commercial developments to construct vandal-proof trash enclosures to accommodate required refuse and recycling bins. These structures include locking doors, a roof, and other characteristics that deter vandalism and are desi gned to accommodate CR&R’s operational needs (the City’s waste and recycling hauler).
However, many commercial properties in the City of Hemet were built before the City implemented modern trash enclosure requirements. As a result, there are a number of trash enclosures without locking gates and without roofs throughout the City. In other cases, there are free-standing commercial
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trash bins on commercial properties without any trash enclosure. When bins are not secured, these bins frequently become subject to scavenging, illegal dumping, and unsightly graffiti.
To reduce the blight, safet y, and security issues that unsecured bins present, the Hemet City Council has appropriated $450,000 toward a Trash Enclosure Pilot Program to offset the cost of constructing modern trash enclosures on commercial properties. CR&R has pledged an additional $50,000 toward this program, resulting in a total program budget of $500,000.
DISCUSSION:
Trash Enclosure Pilot Program
It is recommended the proposed Trash Enclosure Pilot Program consist of three integrated steps.
1. Trash Enclosure Pilot Program Application Process. The following criteria are recommended for the Trash Enclosure Pilot Program:
• Project Eligibility. The proposed project must be located along a commercial corridor within the City of Hemet. Priority will be granted to proposed projec ts along main commercial corridors, including Florida Avenue, Stetson Avenue, State Street, and San Jacinto Avenue. To encourage participation from high priority areas, the Initial application period will open for 30 days. All applications received after the 30 day application review date will be reviewed and prioritized for funding by City staff in consultation with the Mayor and Mayor Pro Tem. Applications received after the initial 30 day application period will be processed by the Community Development Department.
• Grant Awards. Limit grant reimbursement awards up to $20,000. • Bids Required. Require the applicant to provide at least three bids from California licensed contractors with reimbursement based on the expected cost of the lowest responsible bid. • Use of City of Hemet Trash Enclosure specification or specification/design approved by the Community Development Director.
• Waiver of Application and Processing Fees . It is recommended the City Council authorize the City Manager to waive all application and processing fees in support of this program (estimated to be $1,173 per trash enclosure).
Procedural Steps:
1. Submit application to the Community Development Department. Except for the initial 30 day application review period process noted above, the City's Community Development Director or designated staff will review the proposed project location. If the project location is eligible and funds are available, the City will notify the applicant to proceed with solicitation of quotes for pricing.
2. The applicant shall obtain three written quotes and shall notify the City of the expected cost based on the lowest responsible bid. Copies of all bids and the scope of works shall be included with the program application.
3. Applicant to sign Trash Enclosure Pilot Program Agreement.
4. Obtain a building permit for proposed improvements.
5. Upon successful final inspection of the buil ding permit, the applicant may submit all invoices applicable for reimbursement for the Trash Enclosure Pilot Program to the Community Development Department.
2. Waiver of Processing and Inspection Fees
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It is recommended that the waiver of application and processing fees associated be included with the grant program total (estimated to be $1,173 per enclosure). The program is expected to fund approximately 20 trash enclosures resulting in a cost of potential revenue of approximately $23,460.
Alternatively, the reimbursement may include the cost of the associated permit and inspection fees.
3. Proposed Code Amendments
In certain cases, the conversion or removal of a required parking space may be necessary to comply with the City Standard R-500B (Double Enclosure). The double enclosure provides for both refuse and recyclable materials storage. The code amendment would allow the Community Development Director to approve the conversion or removal of parking space with justification. A draft ordinance h as been attached for reference.
Reasons for Exceptions.
A. The requirement to provide adequate space for refuse and recyclable materials storage and collection would necessitate the conversion or removal of required parking space;
1. Applications shall be in writing and state the purpose of the application, provide a description of the proposed modifications, a detailed site plan showing the proposed modifications to the parking area, and plans for the refuse area and/or bins screening fence/walls or building.
2. Applications shall describe the parking needs of the property and how those needs will be met with the loss of parking as a result of the modification.
B. The City recently launched the Safe and Clean Streets Initiative in an effort to promote community safety and beautification strategies to position the City of Hemet for Increased investment and prosperity. The Trash Enclosure Pilot Program is a compone nt of Phase I of this strategy. It is recommended that Phase II require that all commercial and industrial uses and that all existing commercial and industrial developments comply with the City's modern refuse requirements within two (2) years of a code am endment. If desired, a draft ordinance would be brought back for Council consideration.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
FISCAL IMPACT:
Described in report.
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ALTERNATIVE(S):
Provide direction to the City Manager.
ATTACHMENT(S):
Attachment 1: Trash Enclosure Pilot Program Submittal Requirements Attachment 2: Resolution for Trash Enclosure Program
Attachment 3: Trash Enclosure Permit Fees
Attachment 4: Draft Ordinance Parking Exception (Trash Enclosure Program Phase I)
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Rev 10-2020
The City of Hemet has launched a Trash Enclosure Pilot Program to help businesses upgrade and provide, clean, safe, and secure refuse facilities. The proposed project must be located along a commercial corridor within the City of Hemet. Priority will be granted to proposed projects along main commercial corridors including Florida Avenue, Stetson Avenue, State Street, and San Jacinto Avenue.
TRASH ENCLOSURE PILOT PROGRAM APPLICATION CONSISTS OF THE FOLLOWING:
A.The Community Development Director or designated staff will review the proposed location. If the project location is eligible and funds are available, the applicant may proceed with solicitation of quotes for pricing.
B. SUBMITTAL REQUIREMENTS
1. Completed Building Permit Application
2. Trash Enclosure Program Agreement
3. Photographs of the existing conditions of trash enclosure or dumpsters that need to be improved.
4 . Site Plan Diagram -Identify desired location of Trash Enclosure, subject to pre-approval from the Public Works/Engineering Department.
5. Landlord -Property Owner Consent Affidavit
6. Colors and Exterior Materials Palette -Colors and Materials shall be architecturally compatible with the existing commercial site, subject to the review and approval by the Community Development Director.
C. APPLICANT DISCLOSURE
1. The Community Development Department will accept the submittal documents, establish an Trash Enclosure building permit number, and review development criteria with the applicant before submitting to the Building Department.
2. Construction plans and documents will be submitted to the Building Department. The plans will be transmitted to all reviewing City departments for compliance with City codes and regulations.
3. A Building Permit must be issued prior to construction.
D. REFUSE REQUIREMENTS
1. Trash enclosures must be City Standard R-500B (Double).
2. Trash enclosure must be identified on plans.
3. Trash enclosures must be installed in accordance with City of Hemet Standards Specifications for Public Works Construction, Standards R-500B.
City of Hemet
Community Development Department
445 E. Florida Avenue, Hemet, CA 92543
(951) 765-2375
www.hemetca.gov
TRASH ENCLOSURE PILOT
PROGRAM
SUBMITTAL REQUIREMENTS
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Trash Enclosure Pilot Program Submittal Requirements
2 4. The City of Hemet has an exclusive Franchise Agreement with CR&R Inc. to collect and dispose of all waste including commercial, residential and construction debris within the City of Hemet. Contact CR&R at 1-800-755-8112 to set or update solid waste collection services and to help you meet your waste reduction goals.
5. Builders must submit a Waste Management Plan and recycle and or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with the 2019 California Green Building Standards Code. Use the City’s Waste Management Plan form and check the box that states, “I plan on using a CR&R roll off bin.”
6. AB 341 - All businesses that generate 4 or more cubic yards of waste per week must make arrangements for recycling collection services with CR&R or donate, sell and/or self-haul their recyclables to a recycling facility.
7. AB 1826 - All businesses that generate 2 or more cubic yards of waste (trash, recycling and organics) per week must make arrangements for organics collection services with CR&R or donate, sell and/or self-haul their recyclables and organics to a recycling facility.
8. AB 827, McCarty – AB 341 and AB 1826 covered businesses must provide organics and recycling containers for customers to collect waste generated from products purchased and consumed on the premises. These containers must be placed adjacent to trash containers and be visible, easily accessible and clearly marked.
E. REFUSE ENCLOSURE LOCATION STANDARDS
1. Through circulation of traffic shall be provided for Refuse vehicles in all parking areas. This is to prevent or reduce necessity of backing up with refuse collection vehicles.
2. All refuse bins and enclosures shall be located on major drives within developments to provide adequate circulation of refuse vehicles (Must be within setback requirements).
3. A five foot wide concrete apron (with a 2% max, pitch) shall be placed in front of all refuse enclosures. No drainage V-diches or catch basins shall be allowed within this 5’ apron. Apron shall be to grade on all edges.
4. Enclosure shall be screened with plant material whenever practical.
5. Enclosure shall be constructed with interior dimensions so that individual bins can be removed independently of each other. See double bin enclosure detail or guidelines on dimensions.
6. Enclosures shall be located so that refuse vehicles can pull in front of the enclosure, empty and reset container without the vehicle operator physically removing the bin from the enclosure.
7. All refuse enclosures located closer than 5 feet to any adjacent structure shall be protected by an automatic fire sprinkler system approved by the Hemet Department of Life Safety Agency.
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Trash Enclosure Pilot Program Submittal Requirements
3 8. All development shall install security gate systems that utilize coded padlock entrance equipment only. Systems that require keys, cards, or hand-held remove control devices are not acceptable. Refuse vehicles will not carry keys or other equipment to operate security gate system.
9. Roll-off bins and compactor units shall be located outside of any building except as specifically authorized in writing by the City Engineering/Public Works Department.
F. REQUEST FOR CONVERSION OF A PARKING SPACE
Where the conversion or removal of a required parking space may be considered with justification. The property owner/applicant must first prove that he/she cannot meet the parking location requirements set forth by the City of Hemet refuse location standards.
Reasons for Exceptions.
a. The requirement to provide adequate space for refuse and recyclable materials storage and collection would necessitate the conversion or removal of required parking space.
1. Applications shall be in writing and state the purpose of the application, provide a description of the proposed modifications, a detailed site plan showing the proposed modifications to the parking area, and plans for the refuse area and/or bins screening fence/walls or building.
2. Applications shall describe the parking needs of the property and how those needs will be met with the loss of parking as a result of the modification.
G. APPROVED TRASH ENCLOSURE DETAIL
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Trash Enclosure Pilot Program Submittal Requirements
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Trash Enclosure Pilot Program Submittal Requirements
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Trash Enclosure Pilot Program Submittal Requirements
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Trash Enclosure Pilot Program Submittal Requirements
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Trash Enclosure Pilot Program Submittal Requirements
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Trash Enclosure Pilot Program Submittal Requirements
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Trash Enclosure Pilot Program Submittal Requirements
11 C. EXAMPLE TRASH ENCLOSURE
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CITY OF HEMET RESOLUTION NO. 2023-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, WAIVING APPLICATION AND
PROCESSING FEES FOR THE TRASH ENCLOSURE
PILOT PROGRAM
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, there are a number of unsightly commercial trash enclosures in the city that attract scavenging, graffiti, and homeless activities as they are designed without locking doors and without secure roofs. Many of these trash enclosures were built before 1990, before recycling was mandated in California, and are therefore not large enough to accommodate the bins required today.
WHEREAS, the City of Hemet (“City”) launched the Safe and Clean Streets Initiative in an effort to promote community safety and beautification strategies to position the City of Hemet for Increased investment and WHEREAS, on October 10, 2023, the City established a Trash Enclosure Pilot Program to reduce the blight, safety, and security issues that unsecured bins present.
The Hemet City Council has appropriated $450,000 toward a Trash Enclosure Pilot Program to offset the cost of constructing modern trash enclosures on commercial properties. CR&R has pledged an additional $50,000 toward this program, resulting in a total program budget of $500,000.); and
WHEREAS, the City Council desires to waive Application and Processing Fees Associated with the grant program (estimated to be $1,173 per enclosure).
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CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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WHEREAS, the waiver of fees has been reviewed by the City Council and staff in accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, and it has been determined that the adoption of this ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. Application and Processing Fee(s) shall mean payment of an application fee to reflect the cost of building permit issuance (estimated to be $1,173 per enclosure), which includes the following:
Building Permit Plan Review by Planning $100.00
Microfilm Reproduction Fee $5.00
Engineering Building Submittal Fee $215.00
Permit Processing Fee
Building/Fire/Planning
$92.00
Trash Enclosure Plan Review $276.00
Trash Enclosure Building Permit $460.00
Building Standards Fee $1.00
Plan Storage $4.50
Seismic Fee Commercial $7.00
Technology Fee-Building $5.00
Training Fee $7.50
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CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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SECTION 2. CEQA FINDINGS - The City Council hereby finds that in accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Resolution is exempt from CEQA pursuant to Section 15061(b)(3)
SECTION 3. EFFECTIVE DATE - This Resolution shall become effective on October 10, 2023.
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CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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PASSED, APPROVED AND ADOPTED this XXth day of Month, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2023-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the XXth day of MONTH, 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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E
OVN
APPLICANTSiteAddress:PermitDescription:FeeDescriptionPLANNINGFEESBUILDINGPERMITPLANREVIEWBYPLANNINGMICROFILMREPRODUCTIONFEEMICROFILM11X17ORLESSENGMISC-PRELIM-RESEARCHENGINEERINGBUILDINGSUBMITTALFEEBUILDINGPROCESSINGFEE ICCityofHemet445E.FloridaAve.Hemet,CA92543
COMM-TRASHENCLOSURE
PERMITPROCESSINGFEEBUILDING/FIRE/PLANNINGBUILDINGPLANREVIEWTRASHENCLOSUREPLANREVIEWBUILDINGPERMITSTRASHENCLOSUREBUILDINGPERMITBUILDINGSTANDARDSFEEPLANSTORAGESEISMICFEECOMMERCIALTECHNOLOGYFEE-BUILDINGTRAININGFEE TotalFeesDue:DatePrinted:10/03/2023Assessedby:KIMBERLYMAGGSFeesstatedareapplicableforthedateprinted.Feesaresubjecttochange.Ifanewfeescheduleisadoptedbythe 2695-120-02242695-120-02242636-120-06362636-120-06363673-120-02413673-120-02412221-120-02212221-120-02212630-120-06302630-120-06302221-120-02212221-120-02212895-120-20192895-120-20192635-120-06352651-110-20392291-120-02912694-120-0223 HemetCityCouncilpriortopaymentofabovelistedfees,thenewfeeswillapply.
FEESEFFECTIVE7/1/2023
PermitNo:P2310-001ParcelNo:
FeeAmount
$1,173.00
$5.00
$9200$27600
$460.00
$1.00$4.50$7.00$5.00$7.50
$100.00
$215.00
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Sec. 90-1428. – Trash Enclosure Upgrade Program
Notwithstanding the provisions of section 90-1423, in any commercial or industrial zone, upon application, the Community Development Director may permit a portion of the parking required by section 90-1423 to be utilized for the purpose of modifying the refuse collection areas and trash bins to bring such area and/or bins into conformity with current City of Hemet refuse design and location standards and to ensure that such areas and bins are completely screened by a solid fence or wall or enclosed within a building in accordance with the adopted standards of the city subject to the following requirements:
(1) Applications shall be in writing and state the purpose of the application, provide a description of the proposed modifications, a detailed site plan showing the proposed modifications to the parking area, and plans for the refuse area and/or bins screening fence/walls or building. (2) Applications shall describe the parking needs of the property and how those needs will be met with the loss of parking as a result of the modification.
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Oct 10 2023
Department: Administration
Submitted by: Mark Prestwich, City Manager
Mark Prestwich, City Manager;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
Quarter One Update on Progress of Fiscal Year 2023-24 Strategic Plan Action Item Tasks
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Receive and file Quarter One Update on progress associated with City Council Fiscal Year 2023 -24 Strategic Plan Action Item tasks.
BACKGROUND:
Developing an agreed-upon and unified City Council vision for the upcoming fiscal year’s organizational priorities provides several benefits for the organization:
• Provides a clear message from the City Council to the community and staff of what the City Council aims to accomplish;
• Supports the City Council’s proactive focus on achieving work objectives rather than reacting to issues;
• Assists in allocating staff time and other needed resources, including budget appropriations to support project delivery/initiatives;
• Fosters consensus on policies and projects within the City Council; and • Creates a more transparent and accountable government.
The Hemet City Council adopted the City's Strategic Plan on June 23, 2021, after holding a series of strategic planning meeting s and a community meeting to garner input from the public. The Council identified five overarching priorities and included milestones toward improving quality of life, increasing economic opportunities, and improving the overall health of the Hemet community.
On June 2, 2023, the Hemet City Council held a Priority Setting Workshop to establish Fiscal Year 2023-24 Action Items in support of the City's Strategic Plan. Action Items represent Council -directed priority tasks and initiatives over the next 12 months that support Strategic Plan goals.
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DISCUSSION:
The purpose of the Quarter 1 review is to provide an update on progress associated with FY 2023 -24 Action Item tasks. The status of Action Item tasks is noted in the right column of the attached track ing spreadsheet.
PREVIOUS COUNCIL ACTION:
The City Council approved the FY 2023-24 Strategic Plan Action Items on July 11, 2023.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
Not applicable.
ATTACHMENT(S):
Q1 Update - 10-04-2023 FY-2023-24-City-of-Hemet-Strategic-Plan
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City of Hemet Strategic Plan Action Items– FY 2023-24
October 4, 2023 (Quarter 1 Update)
(A) Action Item (B) Success Indicator (C) Responsible
Department
(D) Support
Group(s) /
Council
Liaison(s)
(E) Staff Point Person(s) (F) Complete? (G) Status/Comments Quality of Life/Beautification
1 Complete Hemet Valley Bikeway
Construction
Completion of project Engineering Noah Rau The project is progressing per construction schedule. The project is approximately 80% complete.
2 Complete the FY 21/22 SB1 Pavement
Rehabilitation Project (CIP 5755)
Completion of project Public Works Noah Rau This project is currently out to bid with bids due on October 16, 2023.
3 Complete Skate Park Construction Completion of project Engineering Noah Rau (Lead) This project is scheduled to be completed on November 17th. 4 Offer Community Bulky item drop offs at the
Library four times a year and promote
opportunity for twice/year pickup at
residential properties
The completion of four
bulky item drop-offs for
the FY 23/24 year
Public Works CR&R Charles Russell 1. 8/19/23 - 1 of 4 Complete
2. 11/18/23 - 2 of 4 (Scheduled)
3. 2/17/24 - 3 of 4 (Scheduled)
4. 5/18/24 - 4 of 4 (Scheduled)
5 Consideration of Car Wash Moratorium Present Car Wash Moratorium Emergency
Ordinance and any
Successor Ordinance to
the City Council
Planning Planning
Commission
Monique Alaniz-Flejter The City Council adopted a Car Wash Moratorium on August 8, 2023. On September 12, 2023, the City Council extended the Moratorium was extended to August 8, 2024.
6 Consideration of eliminating City’s wrought
iron security fencing requirement around
commercial developments
Present more attractive
solutions in lieu of
fencing to encourage
attractive commercial
developments to the
City Council
Planning Planning
Commission
Monique Alaniz-Flejter
7 Complete FY 2023/24 Sidewalk Repair Grid Completion of 1/7th of City Sidewalks (14%)
Engineering Gregg Holyoak (Lead) + Noah
Rau
Surveys of the sidewalks have been scheduled with the City’s Contractor.
8 Augment red curb repainting Paint 5,000 linear feet
of curbs in the city
Public Works Lilienthal Noah Rau (Lead) +
Gregg Holyoak
1,275’ have been painted in response to See Click Fix requests. A map is being prepared to review with liaison.
9 Increase the number of trees planted in the
City
Hold two or more
events that promote
planting of trees to add
to the beautification of
the local parks and
recreational areas
Public Works +
City Manager’s
Office
Infrastructure
Commission
Dan Cortese (Lead) + Alan
Reyes
1. Analyzed irrigation system for pressure & expansion at Simpson Park.
2. Mapped 25 new tree locations at Simpson Park.
3. Working with Greg Dion, Urban Forester at CalFire, on Urban and Community Forestry Grant Program.
4. Obtained City of Hemet tree inventory.
5. Meeting scheduled with citizen group and CM on October 11
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10 Consider designing and adding no littering
signs to post throughout the City
Development and
approval to post no
littering signs
throughout the City
with fine warnings to
inhibit littering within
the City
Public Works +
Code
Enforcement +
Planning
Lilienthal +
Peterson
Gregg Holyoak (Lead) + Lionel
Martinez + Monique Alaniz-
Flejter
Further staff discussion and meetings are needed to define a desirable program.
11 Identify additional options for youth
engagement activities
Present options to City
Council in public
workshop and receive
feedback/direction
City Manager’s
Office
Establish
stakeholder
focus group +
Lilienthal +
Males
Alan Reyes
12 Enforce code compliance for all businesses Conduct random checks of at least five
businesses per month
and cite where
necessary
Code
Enforcement
Males +
Peterson
Lionel Martinez Code Enforcement staff continue to inspect all businesses on the Florida corridor addressing illegal signage, broken windows, lack of landscape and vacant buildings. As of today, staff has inspected 46 businesses working their way east to west. 13 Power wash City sidewalks Wash 10,000 linear feet
of sidewalk annually
Public Works Lilienthal Gregg Holyoak First area to be pressure washed. N Harvard from Florida Ave to Latham, Front St from State St to Harvard. Will be scheduling crew to perform cleaning in first identified area during the first half of October.
14 Repave Hemet Auto Mall Conduct a Geotech
investigation, Design,
advertise for bids, and
award a contract to
revitalize and refresh
these aging streets
Hemet Auto Mall
Owners
Noah Rau The City has signed an agreement with Hemet-based Cozad & Fox for project design and, in addition to an August 10 kickoff planning meeting with Auto Mall representatives, individual follow-up meetings are being held with leadership from each dealership to address specific design considerations.
15 Expand Citywide Paving by $2 million Completion of project Lilienthal + Krupa
Noah Rau This additional $2M was added to CIP 5749 and is in the planning phase. A meeting will be scheduled with liaisons during the second quarter to review recommended streets for the project. 16 Consider options for Soccer Field Expansion Collect feedback from Council on next steps
Planning + Public
Works + City
Manager’s Office
Establish
stakeholder
focus group +
Males +
Lilienthal
Mark Prestwich + Monique
Alaniz-Flejter + Noah Rau
A meeting was held September 14, 2023 with the Valley Wide General Manager Board President and General Manager, and the Mayor and City Manager. A meeting was held with soccer stakeholders on September 18, 2023. Preliminary vision is buildout of eight conceptual soccer fields at Diamond Valley Lake. Next step is identifying a funding strategy that will allow for project design, construction, and long-term maintenance.
Economic Opportunity
1 Develop Economic Development Strategic
Plan
Present plan to the City
Council for
consideration
Community
Development
Business
Outreach Ad-
Hoc Committee
+ Chamber of
Commerce
Econ. Development Manager Recruitment underway; Interviews with Economic Development Manager candidates held week of September 25. Follow-up interviews scheduled for October 5, 2023.
16.B
2 Hotel Investment Program Present program to the
City Council for
consideration
Community
Development
Business
Outreach Ad-
Hoc Committee
+ Chamber of
Commerce
Econ. Development Manager +
City Manager
Work on this initiative will commence after Economic
Development Manager is appointed.
3 Identification of Business Investment
Incentives
Present ideas to the City
Council for
consideration
Community
Development
Business
Outreach Ad-
Hoc Committee
+ Chamber of
Commerce
Econ. Development Manager Work on this initiative will commence after Economic Development Manager is appointed.
4 Establish Business Concierge Program Present program to the City Council for
consideration
Community
Development
Business
Outreach Ad-
Hoc Committee
Econ. Development Manager Work on this initiative will commence after Economic Development Manager is appointed.
+ Chamber of
Commerce
5 Provide time frames on new construction
and improvements
Push updates on new
developments to inform
the public in a “Coming
Soon” section in City
Update newsletter
City Manager’s
Office +
Community
Development
Alan Reyes + Monique Alaniz-
Flejter
Community Engagement
1 Establish a Chalk Art Festival Organize and hold
event
City Manager’s
Office
Krupa +
Lilienthal
Alan Reyes Chalktoberfest Art Festival scheduled for October 28, 2023 at the Library from Noon to 5:00 p.m.
2 Visit local communities and organizations to
provide City updates
Visit six communities
and/or organizations
and provide City
updates
City Manager’s
Office + Police,
Fire +
Community
Development
Males Alan Reyes Citywide update meetings were held at My City Youth and at The Lakes at Hemet West; Additionally, City Manager presented City Updates to Hemet Rotary on July 19, 2023 and the Hemet/San Jacinto Congress of Republicans on July 24, 2023.
3 Expand the Hemet Police volunteer program
by 10%
Grow the program from
69 to 76 volunteers
Police Jamie Gonzalez A volunteer academy will be conducted in the near future and the department is accepting volunteer applications.
4 Implement a business crime prevention
program including a panhandling
informational campaign; and establish
department liaison
Roll out program and
distribute educational
materials online and to
businesses
Police Business
Outreach Ad-
Hoc Committee
+ Chamber of
Commerce +
Lilienthal
Chief Pust Retail Theft Grant Submitted on July 6, 2023 to assist with this effort of crime prevention in our business community. The City received official notice of a $2.5 million grant award on September 14, 2023; acceptance of the grant is scheduled for the October 10, 2023 City Council meeting..
5 Grow Hemet Police Facebook and Instagram
audience by at least 10%
Grow social media
followers to: Facebook:
50,000 to 55,000;
Instagram: 10,000 to
12,000
Police Peterson Alan Reyes Police Instagram page currently has 10,000 followers Police Facebook page currently has 61,000 followers
16.B
6 Develop and implement an advisory body
marketing campaign
Add a section to the
application to see how
applicants found out
about the position to
see where to focus
marketing
City Clerk’s
Office
Peterson +
Krupa
John Maier Preliminary Flyers/Advertisements are in design. 7 Prepare Legislative Platform for City Council
consideration
Development of
guidelines for City
Council supported
initiatives to advance
priorities
(transportation etc.)
City Clerk’s
Office + City
Manager’s Office
Mayor + Mayor
Pro Tem
John Maier (Lead) + Mark
Prestwich
Draft prepared for City Manager review; Draft will be shared with Council liaisons for subsequent review and then brought to the City Council for consideration.
8 Consider creating an Ombudsman position
for the City
Identify funding, scope
of responsibility, and
appointment/hiring of
position
City Manager’s
Office
Peterson +
Kendrick
Mark Prestwich
9 Increase police presence in the community Implementation and use of hot spot policing
strategies which include
Police Chief Pust
focused and directed
patrols (foot patrols,
bicycle patrols, vehicle
patrols and
enforcement sweeps).
10 Adding a reporting area in SeeClickFix for
Aggressive Solicitation
Adding an option to
report on SeeClickFix -
providing another way
for the community to
notify staff of concerns
Police Males Chief Pust
11 Development of a Cadet pipeline program
for youth through workforce development
Connecting local youth
with employment
opportunities
Police Lilienthal Chief Pust The department hired its first Cadet who resigned soon after to accept full-time work outside of law enforcement. The
department currently has one cadet in backgrounds and
soliciting for more cadets at this time.
Partnering and Collaboration
1 Identify a Management Entity for the
Simpson Memorial Center
Contract with
management entity to
oversee the Simpson
Memorial Center
operation
Public Works Males Charles Russell (Lead) + Kurt
Mikolaycik
Staff continues to make improvements to the facility. The exterior has been painted, the trash enclosure has been secured with wrought iron and the elevator modernization bids have closed. The contract for the elevator modernization is scheduled to be presented to City Council on October 24, 2023.
2 Update the West Hemet Drainage Plan Adoption of new West Hemet Drainage Plan
Public Works Riverside
County +
Consultants +
Kendrick
Noah Rau The primary consultant from MBI working on this project passed away this summer and it has been on hold since. A meeting to restart the work is now scheduled for October 5, 2023.
3 Complete Brubaker Park Improvements in
collaboration with facility manager
Complete
improvements +
promote to the public
Public Works Males Charles Russell The baseball fields renovations are complete. City crews are maintaining the fields until a facility manager is secured. There are currently three groups that have inquired about managing the baseball fields. One Statement of Qualifications (SOQ) has
16.B
been submitted by LLC Legends Fields. The statement is currently under review. Staff has met with two additional groups and shown each of them the facilities. Both groups stated that they would be submitting a SOQ.
Staff met with Musco Lighting and received a quote for the equipment to light the two baseball fields adjacent to the snack bar (field #5 and #8). Staff also reached out to two electrical engineers to request electrical design proposals. Staff will coordinate site visits.
4 Implement California Violence and
Intervention Program (CalVIP) grant
Roll out program - to
reduce violence &
involvement in violence
in city
Police + City
Manager’s Office
Lilienthal +
Krupa
Chief Pust (Lead) + Veronica
Allen
The City relinquished this grant due to recently learning the matching cost was more than double original number (more than $675,000 beyond the City’s budget appropriation).
5 Enhance City relationship with business
owners
1) Deploy Targeted
Monthly Business
Walks with Mayor
+ City Manager +
Police Chief +
Chamber of
Commerce
Executive Director,
and
2) Conduct Quarterly
Business Check-In
Zoom Calls
City Manager’s
Office
Business
Outreach Ad-
Hoc Committee
+ Chamber of
Commerce +
Males +
Peterson
Alan Reyes Monthly business walks commenced in August and continued in September in partnership with the Chamber of Commerce.
Organizational Effectiveness
1 Complete FY 23/24 Tree Trimming Grid Complete tree trimming for the designated grid
area of seven-year cycle
Public Works Mauro Lozoya The Public Works Department has trimmed 132 trees during the first quarter in our grid tree trimming.
2 Complete Update to Street Engineering
Standard Plans
Adoption of updated
Street Standard Plans
Public Works -
Engineering
Noah Rau
3 Conduct specialized training on de-
escalation
De-escalation grant
awarded with specific
requirements in
managing training
program
Police Chief Pust The Police Department is currently providing de-escalation training to our employees as required under the grant
guidelines.
4 Implement new Hemet Police Patrol
Schedule and Staffing
To direct patrol staffing
for optimum utilization
of resources and
staffing during the
busiest hours of the day
Police Chief Pust Modification of Police Department scheduling is planned to transition on January 8, 2024 (next scheduling change). This is dependent on the department’s recruitment and hiring of lateral police officers.
5 Recruit an Economic Development Manager
to manage economic development
initiatives
Hire an Economic
Development Manager
City Manager’s
Office
Mark Prestwich Recruitment is underway; initial interviews were held the week of September 25, 2023. Follow-up interviews with top
candidates scheduled for October 5, 2023.
16.B
6 Launch LaserFiche Public Portal Push portal to the
public and provide
videos of how to
navigate the site
City Clerk’s
Office + I.T.
ECS (vendor) John Maier (Lead) + Scott
Underwood
This project is on temporary hold pending installation of the hyper converged (HCI) server/storage system. The HCI system is scheduled for completion by December 1, 2023.
7 Launch Net File for Campaign Committees
(Form 460 & 700 Management Software)
Rolling out of software
to allow forms to be
electronically submitted
and allow access to the
public
City Clerk’s
Office
John Maier
Complete
8 Build LaserFiche Workflow for Forms -
Internal Processing for Human Resources
Complete forms to
automate
administrative
processes
City Clerk’s
Office + I.T.
ECS (vendor) John Maier (Lead) +
Scott Underwood
This project is currently underway by ECS in the vendors environment. Forms will be transitioned to the City of Hemet’s LaserFiche environment pending installation of the hyper converged (HCI) server/storage system. The HCI system is scheduled for completion by December 1, 2023.
9 Implement E-Filing Policy for Form 700 and
Campaign Committees
Approval of E-Filing
Policy
City Clerk’s
Office
John Maier Complete Item approved at the June 13, 2023 City Council Meeting. 10 Complete City Council Protocols Bring a draft to City Council for approval as
recommended by the
Ad-Hoc committee
City Manager’s
Office + City
Attorney
Council
Protocols Ad-
Hoc Committee
Mark Prestwich (Lead) + Steven
Graham
Two meetings have been held with Ad Hoc Members; Draft is nearing completion and will be presented to the City Council when ready.
11 Replace citywide legacy telephone system
with a unified communications as-a-service
(UCaaS) system
Installation of new
telephone system
I.T. Communication
Strategies
(vendor)
Scott Underwood A total of 12 responses were received for the UCaaS/CCaaS telephone replacement request for proposal (RFP). Internal and external reviews are currently underway. Once complete, vendor demonstrations will be conducted. Those results and recommendations will then be reported back to Council for consideration. This item is currently on track for review at the December 12, 2023, Council Meeting.
12 Replace citywide network switching
hardware in support of the citywide
telephone system replacement (UCaaS).
Installation of
replacement
networking hardware.
I.T. Communication
Strategies
(vendor)
Scott Underwood Consultant (Communication Strategies) and IT Staff are assembling the technical requirements of the request for quote (RFQ) for this project. Anticipate RFQ release in late October 2023.
13 Develop a long-range (10-year) I.T.
Sustainability Plan to prioritize future
technology investments
Bring a draft plan to City
Council for approval
I.T. ClientFirst
(vendor)
Scott Underwood Consultant (ClientFirst), IT, and Finance Staff are assembling financial documentation needed to create the plan.
Presentation of the plan is tentatively scheduled for the January 23, 2024 Council Meeting.
14 Deployment of Windows 11 on city desktop,
laptop and tablet computers to maximize
security
Completion of
deployment
I.T. Novacoast
(vendor)
Scott Underwood Testing of Windows 11 has begun. We have successfully completed installation testing. Individual application testing will begin in November 2023. We anticipate citywide
installations to take place between February-March 2024. 15 Deployment of Microsoft M365 mobile
device management on all city-owned apple
ipads and iphones to maximize security
Completion of
deployment
I.T. Microsoft
(vendor)
Scott Underwood Initial deployment testing has been completed. Currently working with departments to replace aged Apple devices that are no longer support security updates. These devices will automatically be enrolled in the new device management
program when purchased.
16 Implement IT Service Management (ITSM)
freshservice software features to create
help desk system efficiencies
Integration of asset
management into our
existing helpdesk
system.
I.T. Freshservice
(vendor)
Scott Underwood Freshdesk service management system was deployed in April 2023. We are currently integrating asset management to this system for better lifecycle management of City technology.
Implementation is expected by the end of January 2024.
16.B
17 Deployment of multi-factor authentication
(MFA, 2FA) citywide to increase network
security and meet cyber insurance
guidelines
Roll out security
measures
I.T Scott Underwood IT Staff are reviewing solution capability with our existing environment. S e a m l e s s c o m p a t i b i l i t y w i t h o u r n e w f i n a n c i a l ( E R P ) a n d l a n d m a n a g e m e n t s o f t w a r e i s r e q u i r e d a n d u n d e r r e v i e w . Full implementation is expected by April 30, 2024.
18 Implement internal network penetration
test scans to ensure recently replaced
network, servers and firewalls are properly
configured to meet PCI, HIPAA, CJIS and
cyber insurance guidelines
Run 1 penetration scan
test bi-annually for the
FY
I.T. Scott Underwood IT Staff is contacting vendors for proposals to complete this service. We anticipate running the first penetration test in late June 2024 once physical hardware replacement is complete (server and network switching hardware).
19 Upgrade existing ArcGIS system to ArcGIS
Professional, ensuring compatibility with
citywide public safety, financial, permitting
and records management systems
Complete upgrades I.T. ESRI (Vendor) Scott Underwood This project is currently on hold, pending completion of our new hyper converged server/storage system. Installation and transition to ArcGIS Professional is anticipated by January 31, 2024.
20 Conduct Citywide Classification &
Compensation Study
Complete study of
standardized and
updated job
descriptions and salary
structures
Human
Resources
Norma Rangel This RFP was posted in PlanetBids on September 25, 2023 with a proposal due date of October 16, 2023.
21 Conduct Employee Survey Complete employee
survey
Human
Resources
Employee
Engagement
Committee
Misha Sisikin
22 Complete free website redesign of
www.hemetca.gov through CivicPlus
Redesign and roll out
the new website to
enhance the customer
experience
I.T. CivicPlus (vendor) Scott Underwood City Staff attended an online introductory call regarding the website redesign process. Kickoff of this project is expected in October 2023, with completion by June 30, 2024.
23 Prepare Boards and Commission Handbook Creation of a living document for
Commissioner
onboarding process
City Clerk’s
Office
John Maier Research and review of other agencies’ best practices has been initiated for this project.
24 Expand Police Explorer Program Expand the program by 40% (from 14 to 20)
Police Chief Pust
25 Reduce Response times to priority 1 and
priority 3 calls
Reduce response times
by 10%
Police Chief Pust The Police Department is on schedule to reduce response time by the use of the Drone First Responder (DFR) program.
26 Consider expansion of library hours Identify funding strategy/options and
Library + City
Manager’s Office
Krupa Kathye Caines (Lead) + Mark
Prestwich
expansion of current
hours and/or days
Safe and Clean Streets Initiative
Safe
16.B
1 Deploy Real-Time Crime Center with
Enhanced Technology Cameras for Crime
Suppression and Enforcement.
Installation of high-
quality Flock Condor
Surveillance Cameras at
eight of the City’s main
intersections and
implement a Real-Time
Crime Suppression
Center by September
2023
Police Flock Safety
coordination
Chief Pust The Police Department has started the build of the Real-Time Crime Center and is currently installing the technology necessary to go live. We will be utilizing our Retail Grant to hire the personnel necessary and to purchase the required technology (Cameras, Software, etc.)
2 Expand Patrol Staffing by Eight Officers to
Enhance Data Driven Patrols on Commercial
Corridors
Conduct directed
traffic/vehicle
enforcement and crime
suppression and
deterrence efforts along
commercial corridors
Police Chief Pust The Police Department is working on augmenting staffing with the $60,000 signing bonus incentive program.
3 Expand Community Behavioral Assessment
Team (CBAT) to Seven-Day a Week Coverage
Adding an additional
Police Officer and
Mental Health Clinician
in coordination with
expanded CityNet
services
Police Riverside
University
Health System
(RUHS)
Chief Pust The Police Department has completed a draft MOU with the County and is working on obtaining the signatures for the agreement. We will be utilizing the Opioid Settlement to pay for the additional mental health professional from the County. 4 Add 30% more Flock Cameras as a
Resources Multiplier
The installation of 20
citywide flock cameras
to enhance crime
solvability
Police Flock Safety Chief Pust The City has purchased the additional cameras and is in process of installation through FLOCK.
5 Utilize Drone as a First Responder Program
as Crime Deterrent
Utilizing a current
resource to enhance
the City’s law
enforcement
capabilities and provide
critical information and
documentation of crime
scenes
Police Flying Lion
Service
Provider
Chief Pust
Complete
Service contract presented to City Council on July 11, 2023.
We are currently live with the program.
6 Establish a City Prosecutor Pilot Program to
Prosecute Infractions and Misdemeanors
not Prosecuted by the District Attorney’s
Office
Launch of program to
result in community
service and penalties
for violators and deter
unlawful behavior
City Attorney’s
Office + Police
Lilienthal City Attorney (Lead) + Chief
Pust
City Manager, Police Chief, and City Attorney met with the District Attorney’s office and e thCity Attorney is currently establishing the duties for the position.
7 Distribute Section 602 Trespass Letters to All
Commercial Businesses on Main Corridors
within 45 Days
Engage with all business
owners on main
commercial corridors to
source signed Section
602 Trespass Letters
which allow police
action for unlawful
activity
Police Business
Outreach Ad-
Hoc Committee
+ Chamber of
Commerce
Chief Pust
Complete
The Police Department has distributed all the 602 PC Trespass letters to businesses. Staff is currently following up with the business that did not submit and conducting inspections on those that did submit. This is a long process, due to the fact each business needs to be inspected, making sure all the appropriate signage is placed on each property.
16.B
8 Expand Business Watch Program and
Improve Business Engagement with Crime
Prevention Through Environmental Design
(CPTED)
Educate the business
community to assist
with nuisance issues
Police Business
Outreach Ad-
Hoc Committee
+ Chamber of
Commerce
Chief Pust The Police Department is currently offering the CPTED program to all businesses. This service will also be made available to all participating businesses in the Storefront Vandalism Relief Program.
9 Establish Monthly Community/Police
Engagement Focus Group
Roll out monthly to
collect timely feedback
from the public to
consider modification of
practices
Police Lilienthal Chief Pust Complete Implemented in June 2023 – Meetings have been held each month since inception.
10 Support and/or Sponsor State Legislation
and Ballot Measures that Impose Stricter
Penalties and Accountability for Criminal
Actions
Support and/or sponsor
State legislation and
ballot measures that
impose stricter
penalties and
accountability for
criminal actions
City Manager’s
Office + Police
Males Mark Prestwich (Lead) + Chief
Pust
Clean
1 Initiate Proactive Seven Day a Week Crews
for Graffiti, Shopping Carts, and Debris
Pickup Along Commercial Corridors
Initiate seven day a
week proactive patrols
with the use of part-
time employees
beginning at 6:30 a.m,
enforce combustibles
close to buildings,
respond to all See-Click-
Fix issues within 24
hours
Public Works,
Dept. Of Fire Life
and Safety
Clean-up/
Graffiti Ad Hoc
Committee +
Liberty Men’s
Restoration
vendor
Noah Rau (Lead) +
Chief Sell
Currently six day per week proactive patrols along commercial corridors is being implemented by Public Works and Contractor.
Clean Streets Task Force initiated to enhance communications and collaboration among Public Works, Code, and Police.
Coordination takes place on Teams where each department updates current locations, projects and any potential assistance needed.
First collaborative project took place on September 27, 20239 with the alley adjacent to Elk & Devonshire. All three
departments were present to address trash, debris, non-working vehicles and interface with management of property.
2 Establish Trash Enclosure Pilot Program -
Develop and implement a trash enclosure
program within the City of Hemet
Approval of ordinance
and complete use of
pilot program resources
($500,000)
City Manager’s
Office + Planning
+ Public Works+
City Attorney
Local
organizations +
CR&R
Mark Prestwich
(lead) + Monique
Alaniz-Flejter +
Noah Rau (input) +
City Attorney
Two ordinances will be recommended to the City Council for adoption in addition to approval of Trash Enclosure Pilot Program. This is scheduled for City Council consideration on October 10, 2023.
3 Reestablish and Conduct an Annual
Community Service Day (“Hemet Beautiful”)
Increase civic pride by
encouraging the
community work
together to improve
blight in the City
City Manager’s
Office + Public
Works
Local
organizations +
CR&R +
Peterson +
Kendrick
Alan Reyes (Lead) with Brenda in
interim + Noah Rau
4 Improve Community Awareness and Use of
“See-Click-Fix” App
The City will enhance
communication efforts
to raise awareness and
use of this reporting
tool
City Manager’s
Office
Clean-up/
Graffiti Ad-Hoc
Committee +
Social media
handles +
Constant
Contact
Alan Reyes
16.B
5 Expand the City’s Adopt-a-Street Program
by 100% in Six Months
Solicit additional
participants in support
of city beautification
City Manager’s
Office
Males Alan Reyes
6 Establish a Council District Commercial and
Residential Beautification Contest
Community
participation in contest
City Manager’s
Office
Kendrick +
Lilienthal
Alan Reyes
7 Create an Art in Public Places Program –
Prepare Draft Art in Public Places for City
Council Review/Consideration
Present Draft Arts in
Public Places Policy to
the City Council
Planning & City
Attorney
Planning
Commission +
Krupa +
Lilienthal
Monique Alaniz-Flejter
(Lead) + Steven
Graham
8 Expand Proactive Code Enforcement Efforts
on Commercial Corridors
Expand patrols to five
days per week to post
violations
Code
Enforcement +
City Attorney
Lionel Martinez (Lead) + Steven
Graham
City Attorney’s office will now have a staff member present at Covell the 1st and 3rd Wednesdays each week to assist with Code related issues.
9 Consider Adjusting Street Sweeping Service
Levels in Commercial Corridors
Present options for
adjustments to
commercial corridor
street sweeping to
Council for possible
implementation
City Manager’s
Office
Mark Prestwich Preparation for a City Council workshop is underway with cost- estimates and options being prepared in partnership with CR&R.
A City Council workshop is planned for early November 2023. 10 Develop and Launch a Two-Year Façade and
Property Improvement Pilot Program
Implementation and
completion of façade
and property
improvements.
Planning Planning
Commission +
Lilienthal
Monique Alaniz-Flejter (Lead)
+ Mark Prestwich
11 Create Storefront Vandalism Relief Program Reimburse small businesses impacted by
deliberate actions
resulting in the
destruction or damage
to business storefronts
City Manager’s
Office + Finance
Clean-up/
Graffiti Ad-Hoc
Committee
Mark Prestwich Approved by the City Council on September 25, 2023.
Implementation planned for mid-October 2023.
16.B