15. Client agrees that all billings from Consultant to Client will be considered correct and binding on Client unless Client, within ten (10) days from the date of receipt of such billing, notifies Consultant in writing of alleged inaccuracies, discrepancies, or errors in billing. In the event of a dispute over any billing or portion of billing, Client agrees to pay the undisputed portion of any billings in accordance with the payment terms set forth in Section 12.
16. Client agrees to pay a monthly late payment charge, which will be the lesser of one and one half percent (1-1/2%) per month or a monthly charge not to exceed the maximum legal rate, which will be applied to any unpaid balance commencing thirty (30) days after the date of the billing. Client acknowledges that payments applied first to unpaid late payment charges and then to unpaid balances of invoices.
17. In the event Consultant's fee schedule changes due to any increase of costs such as the granting of wage increases and/or other employee benefits to field or office employees or any taxes or fees imposed by local, state, or federal government on consultants’ fees during the lifetime of this agreement, the new fee schedule shall apply to all subsequent work on time-and-materials contracts.
18. If payment for Consultant's services is to be made on behalf of Client by a third party lender, Client agrees that Consultant shall not be required to indemnify the third party lender, in the form of an endorsement or otherwise, as a condition to receiving payment for services. Client agrees to reimburse Consultant for all collection agency fees, legal fees, court costs, reasonable consultant staff costs and other expenses paid or incurred by Consultant in the event that collection efforts become necessary to enforce payment of any unpaid billings due to Consultant in connection with the services provided in this agreement.
LIMITATION OF LIABILITY
19. Notwithstanding any other provisions of this Agreement to the contrary, the aggregate liability of the Consultant under this Agreement, whether for breach of contract, tort, strict liability or any other legal theory, will not exceed the total amount of Consultant's compensation for performing services under this Agreement or $50,000, whichever is greater, however this limitation of Consultant's liability does not apply to third-party claims, or to the Client's reasonable attorneys' fees and expert witnesses' fees and litigation expenses arising out of or related to such thirdparty claims for which Consultant is liable.
City of Kingsburg January 10, 2024
Focused General Plan Update Letter Page 4 of 6
Job No.: 23-63
I:\Marketing\Proposals\2023\City of Kingsburg - General Plan Update 23-63\Working Drafts\CSA.docx
DISPUTE RESOLUTION
20. In an effort to resolve any conflicts or disputes that arise regarding performance under this agreement by either party, Client and Consultant agree that all such disputes shall be submitted to nonbinding mediation, using a mutually agreed upon mediation services experienced in the resolution of construction disputes. Unless the parties mutually agree otherwise, such mediation shall be a pre-condition to the initiation of any litigation. The parties further agree to include a similar mediation provision in their agreements with other independent contractors and consultants retained for the project and require them to similarly agree to these dispute resolution procedures. This provision shall not be interpreted to restrict the right of either party to file an action in a court of law, in the County of Fresno, State of California, having appropriate jurisdiction or to preclude or limit the Consultant’s right to record, perfect or to enforce any applicable lien or Stop Notice rights.
CONSTRUCTION PROJECTS
21. If the scope of services contained in this agreement does not include construction phase services for this project, Client agrees that such construction phase services will be provided by Client or by others. Client assumes all responsibility for interpretation of the contract documents and for construction observation and supervision and waives any claim against Consultant that may in any way be connected thereto. In addition, Client agrees to indemnify and hold Consultant harmless from any loss, claim, or cost, including reasonable attorneys' fees and costs of defense, arising or resulting from the performance of such services by other persons or entities and from any and all claims arising from the modification, clarification, interpretation, adjustments or changes made to the contract documents to reflect changed field or other conditions, except for claims arising from the negligence or other wrongful acts of Consultant, its employees, its subconsultants, or any other person or entity for which Consultant is responsible.
22. Client agrees to include provisions in its contract with the construction contractor to the effect that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property, and that this requirement shall apply continuously and not be limited to normal working hours.
Neither the professional activities of Consultant nor the presence of Consultant or its employees or subconsultants at a construction site shall relieve the contractor and its subcontractors of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and applicable health or safety requirements of any regulatory agency or of state law.
23. Client agrees to require its contractor and subcontractors to review the plans, specifications and documents prepared by Consultant prior to the commencement of construction phase work. If the contractor and/or subcontractors believe there are deficiencies, conflicts, errors, omissions, code violations, or other deficiencies in the plans, specifications and documents prepared by Consultant, contractors shall notify Client so those deficiencies may be corrected or otherwise addressed by Consultant prior to the commencement of construction phase work.
24. If, during the construction phase of the project, Client discovers or becomes aware of changed field or other conditions which necessitate clarifications, modifications or other changes to the plans, specifications, estimates or other documents prepared by Consultant, Client agrees to notify Consultant and, at Client’s option, retain Consultant to prepare the necessary changes or modifications before construction activities proceed. Further, Client agrees to require a provision in its construction contracts for the project which requires the contractor to promptly notify Client of any changed field or other conditions so that Client may in turn notify Consultant pursuant to the provisions of this paragraph.
25. If, due to the Consultant's error, omission or negligence, a required item or component of the Project is omitted from the Consultant's construction documents, the Consultant shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. The Consultant will not be responsible for any cost or expense that enhances the value of the Project.
SUSPENSION AND TERMINATION
26. If the Project or the Consultant’s services are suspended by the Client for more than thirty (30) consecutive calendar days, the Consultant shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the Client shall compensate the City of Kingsburg January 10, 2024
Focused General Plan Update Letter Page 5 of 6
Job No.: 23-63
I:\Marketing\Proposals\2023\City of Kingsburg - General Plan Update 23-63\Working Drafts\CSA.docx Consultant for expenses incurred as a result of the suspension and resumption of its services, and the Consultant’s schedule and fees for the remainder of the Project shall be equitably adjusted.
27. If the Consultant’s services are suspended for more than ninety (90) days, consecutive or in the aggregate, the Consultant may terminate this Agreement upon giving not less than five (5) calendar days’ written notice to the Client.
28. If the Client is in breach of the payment terms or otherwise is in material breach of this Agreement, the Consultant may suspend performance of services upon five (5) calendar days’ notice to the Client. The Consultant shall have no liability to the Client, and the Client agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the Client. Upon receipt of payment in full of all outstanding sums due from the Client, or curing of such other breach that caused the Consultant to suspend services, the Consultant shall resume services, and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension.
29. Client acknowledges Consultant has the right to complete all services included in this agreement. In the event this agreement is terminated before the completion of all services, unless Consultant is responsible for such early termination, Client agrees to release Consultant from all liability for services not performed or completed by Consultant and from liability for any third-party reliance, use, interpretation or extrapolation of Consultant’s work product. In the event all or any portion of the services by Consultant are suspended, abandoned, or otherwise terminated, Client shall pay Consultant all fees and charges for services provided prior to termination, not to exceed the contract limits specified herein, if any. Client acknowledges if the project services are suspended and restarted, there will be additional charges due to suspension of the services which shall be paid for by Client as extra services pursuant to Section 26. Client acknowledges if project services are terminated for the convenience of Client, Consultant is entitled to reasonable termination costs and expenses, to be paid by Client as extra services pursuant to Section 31.
30. The Client may terminate this Agreement for the Client's convenience and without cause upon giving the Consultant not less than seven (7) calendar days' written notice.
31. In the event of termination of this Agreement by either party, Consultant shall invoice Client for all outstanding services and expenses reasonably incurred by the Consultant in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs and all other expenses directly resulting from the termination. The Client shall within thirty (30) calendar days of termination pay the Consultant for all services rendered and all reimbursable costs incurred by the Consultant up to the date of termination, in accordance with the payment provisions of this Agreement.
OTHER
32. This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of Client and Consultant.
33. This agreement shall not be assigned by either Client or Consultant without the prior written consent of the other.
34. Consultant's or Client's waiver of any term, condition or covenant shall not constitute the waiver of any other term, condition or covenant. Consultant's or Client's waiver of any breach of this agreement shall not constitute the waiver of any other breach of the Agreement.
35. Client and Consultant agree that if any term or provision of this Agreement is determined to be illegal, in conflict with any law, void or otherwise unenforceable, and if the essential terms and provisions of this Agreement remain unaffected, then the validity of the remaining terms and provisions will not be affected and the offending provision will be given the fullest meaning and effect allowed by law.
36. This agreement shall be governed by and construed in accordance with the laws of the State of California. The Client agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Fresno, State of California.
37. Within the limits of the approved scope and fee, Consultant may engage the services of any subconsultants when, in the Consultant's sole opinion, it is appropriate to do so. Such subconsultants may include testing laboratories, geotechnical engineers and other specialized consulting services deemed necessary by the Consultant to carry out the scope of the Consultant's services.
City of Kingsburg January 10, 2024
Focused General Plan Update Letter Page 6 of 6
Job No.: 23-63
I:\Marketing\Proposals\2023\City of Kingsburg - General Plan Update 23-63\Working Drafts\CSA.docx
38. Consultant shall be entitled to immediately, and without notice, suspend the performance of any and all of its obligations pursuant to this agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code or if there is an involuntary bankruptcy petition filed against Client in the United States Bankruptcy Court, and that petition is not dismissed within fifteen (15) days of its filing. Any suspension of services made pursuant to the provisions of this paragraph shall continue until such time as this agreement has been fully and properly assumed in accordance with the applicable provisions of the United States Bankruptcy Code and in compliance with final order or judgment issued by the Bankruptcy Court.
39. This agreement shall not be construed to alter, affect or waive any design professional's lien, mechanic's lien or stop notice right, which Consultant may have for the performance of services pursuant to this agreement. Client agrees to provide to Consultant the current name and address of the record owner of the property upon which the project is to be located. Client also agrees to provide Consultant with the name and address of any and all lenders who may loan money on the project and who are entitled to receive a preliminary notice.
40. Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to, permit processing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, project or plan approvals, and building permits. Client agrees that it is the responsibility of Client to maintain in good standing all governmental approvals or permits and to timely apply for any necessary extensions thereof.
41. Consultant and Client each agree to waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with paragraphs 26 through 31, except for termination expenses provided for in said paragraph 31. Client further agrees that to the fullest extent permitted by law, Consultant shall not be liable to Client for any special, indirect or consequential damages whatsoever, whether caused by Consultant's negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever, including but not limited to, loss of use of equipment or facility, and loss of profits or revenue.
42. This Agreement is the entire Agreement between the Client and the Consultant. It supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by both the Client and the Consultant.
City of Kingsburg
Provost & Pritchard Engineering Group, Inc.,
dba Provost & Pritchard Consulting Group
Client/Agency
By By
Alexander J. Henderson Heather Bashian, PE C 73075
Name Name
City Manager Director of Operations
Title Title
1/10/2024
Date Signed Date Signed
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: AJ O'Connell, MCP, CBO, CCEA – Building Official REVIEWED BY: HO AGENDA ITEM: Code Enforcement Report – Calendar Year 2023 ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
Code Enforcement enjoyed a robust and active effort within the community in 2023. Starting with the adoption of the 2021 International Property Maintenance Code, through the launch of a brand-new Report a Concern online submittal and tracking software, establishment of processes and tangible measurable outcomes, and quality training, the City of Kingsburg Code Enforcement Division is on the cutting edge of professionalism, timeliness, consistency, and responsiveness.
The most significant positive outcome for the Code Enforcement division was the formal implementation of the 2021 International Property Maintenance Code (“IPMC”) through ordinance. Before this adoption in January 2023, property maintenance standards in the City were enforced using the Uniform Housing Code, which has not been updated since 1997. As a result, the City of Kingsburg had not formally adopted minimum housing and property maintenance codes in over two decades. A resilient and modern Housing and Property Maintenance Code - such as the IPMC - allows for more effective and robust Code Enforcement efforts.
While the attached report details specific data points and structure, below are highlighted performance metrics for Code Enforcement staff in 2023:
• 1,419 total inspections performed by Code Officers, accruing approximately 2,838 hours of field work. This is an average of almost six inspections per day.
• 357 cases were generated in 2023 proactively by Code Officers. This represents 55% of the total cases generated for the year. Of those cases, 89% of them are currently in closed status. Proactive cases were open for an average of 21.5 days.
• 294 cases were generated in 2023 reactively in response to Customer Service requests. Of these cases, 35% were generated through phone calls into the City while 43% of the cases were submitted using the City’s new Report a Concern software. Reactive cases were open for an average of 14.8 days with 32% of the cases closed were open for a span of 11-20 days.
• The majority of Proactive cases were related to Abandoned Vehicles. The majority of Reactive cases were related to Property and Alley Maintenance.
• Code Officers issued 145 total Notices of Violations (NOVs) in 2023. Of the NOVs issued, 64% were from cases generated proactively. 27 cases where an NOV has been issued are still in-progress. • Code Officers issued 45 Administrative Citations (AdCites) in 2023, with the total amount assessed to violators of $9,750. Code Enforcement collected $1,950 of that gross total, which represents a 20% recovery.
Cases that resulted in the issuance of AdCites only accounted for 7 percent of the total cases generated. • Code Enforcement staff, in cooperation with the City Attorney’s office, are pursuing an Abatement Warrant on one property within the City. The property has excessive weed growth and the owner of record has been uncommunicative.
Other significant positive outcomes for the Code Enforcement division in 2023 were as follows:
Meeting Date: 01/17/2024
Agenda Item: 6.3
• The Mayor and City Council approved Safety Standards for Code Officers. This action brings the City into compliance with California Senate Bill 296 which requires local jurisdictions that employ Code Officers to develop safety standards that are appropriate for their respective communities. • As of December 31, 2023, all field staff within the Code Enforcement division had completed the Code Official Safety Specialist course offered by the national Code Enforcement Officer Safety Foundation. The course was fifteen total hours of instruction and included training on the tactical mindset, fear management, verbal deescalation, phases of a contact, and surviving a violent encounter. The course was all encompassing and gives our Code Officers additional resources and confidence to do their duties moving forward into the future.
The attached report recommends that the Mayor and City Council direct the City Manager to convene a workshop to outline clear priorities for the Code Enforcement division and to define measurable goals for success. Additionally, the Mayor and City Council can expect further codification of the IPMC through proposed amendments to better align with the Municipal Code and a proposal to streamline the appeal process for Code Enforcement actions.
RECOMMENDED ACTION BY CITY COUNCIL
1. Staff recommends the Mayor and City Council receive and file the attached Code Enforcement Report for 2023.
POLICY ALTERNATIVE(S)
1. None
STRATEGIC GOAL(S) MET:
1. Community Safety.
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
None.
BACKGROUND INFORMATION
None.
ATTACHED INFORMATION
1. Code Enforcement Report for Mayor and City Council, January 2023 – December 2023 FISCAL IMPACT:
1. Is There A Fiscal Impact? No
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
Code Enforcement Report
for Mayor and City Council
January 2023 – December 2023
City of Kingsburg
January 17, 2024
Dear Honorable Mayor and City Council –
It is my pleasure to present this report on Code Enforcement activity within the City of Kingsburg for the 2023 calendar year. This is the first of what I hope are many reports regarding the hard work and positive outcomes that City Staff have been undertaking and achieving in the Code Enforcement division.
Code Enforcement is defined as the prevention, detection, investigation, and enforcement of violations of statutes or ordinances regulating public health, safety, welfare, public works, business activities and consumer protection, building standards, land use, or municipal affairs. Acting as a critical function of local government necessary to accomplish community goals, the City of Kingsburg Code Enforcement Division uses various techniques to gain compliance with duly adopted regulations, such as land use and zoning ordinances, health and housing codes, signage standards, and the California Building and Fire Codes.
It is the intent of this report to provide the Mayor and City Council an overview of the organizational structure of the Code Enforcement division, the effectiveness of the structure through analytical metrics in 2023, significant positive outcomes for the division in 2023, and recommendations for the upcoming calendar year in 2024.
When developing an effective Code Enforcement organization, it is important to understand the philosophical building block of the “Broken Windows Theory.” The concept was developed in the early 1980’s by criminologists Wilson and Kelling. The premise states that if a window is broken on a building that is subsequently not repaired, then the people who committed that crime assume that no one in the neighborhood cares about that building. Those vandals will proceed to break more and more windows without any regard for the character of the neighbors living in that community. A cycle of evolving blight then begins to develop as the residents in the neighborhood who see this growing decay start to feel vulnerable and withdrawn, resigning to the fact that enforcement of property maintenance standards will not happen in their neighborhood.
Thus, these residents are less likely to report other violations that may be more severe and extreme in nature. Therefore, it is in the best interest of the community and our neighborhoods for enforcement to commence as soon as possible on the initial violation to prevent the cycle from beginning. Subscription to this theory, or variations of it, is a critical function for effective Code Enforcement divisions across the State of California.
The City of Kingsburg Code Enforcement division has incorporated a modified “Broken Windows” as a philosophical standard. This guidance helps in establishing a model procedure with which Code Officers enforce the Codes and Standards in the City of Kingsburg. The Code Enforcement staff strives to initiate steps to first educate property owners prior to the downward trend commencing for conditions on properties. This approach requires thoughtful planning, resilient Code Enforcement infrastructure, and support from the legislative and management bodies.
As indicated in Attachment “A”, the first step in this Model for Property Compliance is an assessment of needs within the community. This comes through dialogue with legislators, management, and the citizenry at-large. These needs must be constantly and continually tracked, evaluated, and catalogued with regular reports returned to the decision-making bodies. All parties should be willing to continually assess this strategic plan. This step is imperative for establishing clear and concise direction to Code Officers for the performance of their respective duties. Code Enforcement Staff will continue to strive for regular updates to the Mayor and City Council to ensure that the strategic planning methodology is continuously discussed and reviewed.
Implementation of this model takes on three separate - yet equally important - stages:
Prevention, Intervention, and Resolution.
The first step in the Prevention stage is also the most significant outcome for the calendar year for Code Enforcement. The formal implementation of the 2021 International Property Maintenance Code (“IPMC”) by the Mayor and City Council through ordinance sets into motion the comprehensive model of efficient Code Enforcement. Before this adoption in January 2023, property maintenance standards in the City were enforced using the Uniform Housing Code, which has not been updated since 1997. As a result, the City of Kingsburg had not formally adopted minimum housing and property maintenance codes in over two decades. While the Uniform code is effective in practice, it is difficult to obtain compliance on property maintenance matters when the cited codes are outdated. Certain housing and property maintenance standards are governed through California Health & Safety Codes and are uniformly applied throughout the state. However, a resilient and modern locally-adopted Housing and Property Maintenance Code - such as the IPMC - allows for more effective and robust Code Enforcement efforts. Using the IPMC as an enforcement tool gives our Code Officers clear standards and prescriptive guidance. The Code Enforcement staff wish to express their gratitude to the Mayor and City Council for their foresight in the adoption of the IPMC.
The second level of Prevention involves on-going public notification and education of the adopted Codes and Standards. While City Staff has done an exemplary job of disseminating the adoption to the Kingsburg community of the IPMC through our social media channels and updates in the Carrier, the most effective means of educating our citizens of the IPMC is through direct edification by our Code Officers in the field and community. In the calendar year 2023, Code Officers performed 1,419 total Code Enforcement field inspections on properties throughout the City. Code Officers collectively spent approximately 2,838 hours on inspections in calendar year 2023. With the addition of selected weekend enforcement days by Code Officers, this represents an average of approximately six inspections per day by Code Officers. Further elaboration of this data can be seen in Attachment “B.”
While not every inspection represented in this data has resulted in an issuance of a citation or order, every inspection does represent a faithful attempt by staff in initiating contact with property owners and tenants, educating them on the importance of Codes, and following up for compliance. All along the way, Code Officers were readily available to answer questions, provide clarification, and work to provide solutions for compliance.
All these inspections occurred in the field setting, outside of the office and City Hall. Our Code Officers have become a visible and noticeable part of our community.
The most effective means of providing this education aspect of Prevention is through Proactive inspections. This method of inspection entails Code Officers being out in the community and preemptively working to educate the public on violations visible from the public right-of-way. It requires that our Code Officers use their customer service skills to work with property owners and tenants on the importance of Codes and Standards.
Code Enforcement professionals across the United States would overwhelmingly agree that proactive enforcement is the most effective means of implementing an educational aspect of Code Enforcement – working with property owners and tenants on addressing the violations before they become larger issues.
The proactive approach within the City of Kingsburg has been remarkably successful in helping property owners and tenants come into compliance with our Codes. As indicated in Attachment “C”, a total of 357 proactively generated cases were addressed by Code Officers, representing 55% of the total cases generated in 2023. As of December 31, 2023, a total of 38 cases initiated proactively were still listed as in progress, requiring further follow-up by Code Officers. This correlates to a closure rate of 89% of the proactive cases generated. Of the proactive cases closed in 2023, they were open an average of 21.5 days.
A breakdown of the various violations is also included in Attachment “C”, with many of the cases being initiated proactively consisting of Abandoned Vehicles and Property Maintenance/Grass.
The alternative approach to a Proactive inspection is a Reactive inspection. In the City of Kingsburg, reactive inspections are prompted as a response to concerns from neighbors regarding conditions on other properties. The division defines these submitted concerns as Customer Service Requests (“CSRs”).
Based on the data in Attachment “D”, Code Officers responded to 294 CSRs in a reactive manner. 103 CSRs were generated through phone calls into the City, representing 35% of all CSRs. Code Officers responded to CSRs on average of 1.3 days after a response was received.
Proactive
Total
55%
Reactive Total
45%
Cases Generated
As of December 31, 2023, a total of 19 cases that were reactive in nature were listed in progress, requiring further follow-up by Code Officers. Of the reactive cases closed in 2023, they were open for an average of 14.8 days. 32% of reactive cases closed in 2023 were open for a span of 11 to 20 days, 24% of cases were closed in 1 to 10 days.
CSRs are further elaborated in in Attachment “D” with notable higher percentages of concerns in the areas of Property Maintenance and Alley Maintenance.
It is generally accepted that many cities within the State of California operate on a primarily Reactive-based enforcement strategy. While there are many reasons for this occurring, the City of Kingsburg does not necessarily fall into this category. The number of Proactive inspections by Code Officers generating concerns exceeded the number of CSRs submitted for investigation by 15 percent. While further analysis of the reporting data may yield potential reasons for this, an anecdotal supposition is that most properties in Kingsburg are generally in compliance with property maintenance Codes and Standards and that disputes between neighbors about minor issues are handled without involvement from the City. This possibility is reflective of the strong core-community values that our citizens embrace simply by living within our city. This is extremely commendable and admirable and has not gone unnoticed by Code Enforcement staff.
Rapid response to CSRs is only effective if the record management and intake processing methods for those efforts are professional and user-friendly. In January of 2023, the Code Enforcement division partnered with other divisions to launch the Report a Concern (RAC) module for case reporting and tracking within our new GovPilot software. Many hours of Staff resources were spent ensuring that the elements of the RAC module were tailored to the unique characteristics of the Kingsburg community and the Code Enforcement division procedures and process. The GovPilot system replaced old software that was Micrososft Access based and not publicly available to allow citizens to generate CSRs. The launch of the RAC module is an incredibly significant outcome for the Code Enforcement division.
Admin/Council
12%
Email
4%
GovAlert
8%
Mail
1%
Phone Call
35%
Walk In
5%
Web Form
35%
Reactive Sources - CSRs
Either using the links embedded within the City of Kingsburg website, or utilizing the associated GovAlert App, residents and businesses can submit any potential concern in the RAC module directly to previously established divisions on any municipal function ranging from abandoned vehicles to substandard buildings. The concern is automatically routed to the appropriate division based on the nature of the reported violation. Code Officers can communicate directly with customers within the software itself, and submitters are automatically updated once the status of their concerns has been changed via a provided email. As of December 31, 2023, 126 separate concerns were reported to the Code Enforcement division using the RAC module through the City website or the GovAlert App. This represented nearly 43% of all the CSRs generated in 2023 and is more than the CSRs phoned into City Hall. The Code Enforcement division hopes to increase the accessibility of this software by launching a self-service kiosk within the Community Development department for citizens and businesses to generate CSRs if they do not have access to their own computer or the GovAlert app. Staff expects the full launch of the selfservice kiosk to occur in early 2024.
Once CSRs are input into the RAC module, Code Officers can use the GovInspect App to schedule inspections, view property history and information, upload pictures, and track follow-ups and correspondence all from the convenience of their own mobile device. This allows for a transparent and efficient means of addressing violations within the community in real-time, as well as closer coordination between Officers and other divisions within City government.
It is the intent of Code Officers to work directly with property owners to voluntarily come into compliance with our Codes and Standards. This is the core basis for an effective Prevention stage within the “Broken Windows” theory and the Code Enforcement division’s Model of Property Compliance. The property owners and businesses within the City of Kingsburg need to be given enormous credit for upholding the Codes and Standards as many proactive and reactive violations are abated without any further Code Enforcement action. The citizens of Kingsburg are generally proud of their community and recognize the importance of adhering to common property maintenance and beautification practices. A citizenry that is vested in the health and vitality of their community is generally more likely to take the extra step of ensuring their yards are free of weeds, inoperable vehicles are removed from the public view, or permits obtained for new construction. Often, the citizens simply need to be educated on the Codes and Standards by Code Officers out in the community. The Code Enforcement division sees these interactions as successes, and the credit should be bestowed upon the people of Kingsburg.
Even with our strong emphasis on education and voluntary compliance, there are properties with violations that continue unabated despite the efforts of Code Officers.
This can be from willful ignorance on the part of the property owners or tenants, or simple absenteeism from responsible parties. Additionally, some violations may be so severe and visible that Code Officers must forgo initial education efforts in the name of preserving health and safety. When these situations occur, Code Officers move to the Intervention stage of the division’s model for property compliance.
The Code Enforcement division utilizes two means of compliance mechanisms in the Intervention stage: Notice of Violation (NOV) and Administrative Citations (AdCite).
A Notice of Violation is a formal Order from the Code Enforcement division that states the outstanding violations, the Code and Standard that is being violated, establishes a reasonable date of compliance, and declares that the violation is a Public Nuisance. There is no fine or penalty associated with a NOV, however the order does stipulate that further non-compliance with the stated Codes may result in harsher Code Enforcement penalties.
In the calendar year 2023, Code Officers issued a total of 145 NOVs. NOVs issued for proactively generated cases accounted for 64% of the total NOVs issued. Property Maintenance/Grass represented the majority of the violations of which NOVs were issued followed by Abandoned Vehicles on Property. A total of 103 NOVs were resolved voluntarily by property owners without further intervention necessary by Code Officers.
As of December 31, 2023, a total of 27 cases where a NOV was issued are still in progress, requiring further follow-up by Code Officers.
The second mechanism is Administrative Citation issuance. Established in the Municipal Code section 17.92.030, Code Officers are authorized to issue Administrative Citations for violations of the Municipal Code. As such, violations of the IPMC and Building Codes are violations of the Municipal Code, thus Citations may be issued. Through the established fee resolution, AdCites are issued for violations with the amount of the citation progressively larger with the number of offenses for each violation. A first offense AdCite is a $125 assessment, 2nd offense $250, and third offense is $500. As with a NOV, AdCites state the outstanding violations, lays out a reasonable date for compliance, and declares a Public Nuisance. All AdCites must be paid within ten days of the date of issuance, or the amount of the fine is levied as a lien on the real property. It is important to note that each day that a violation is present on a property is considered a separate offense, per the Kingsburg Municipal Code.
Code Officers do retain the right to waive AdCite fees if violations are corrected prior to the stated compliance date. This is consistent with the emphasis of voluntary compliance for property owners who are responsible for Code violations.
In 2023, Code Officers issued a total of 45 AdCites with a total amount assessed of $9,750 in 2023. Total collection of AdCites in 2023 amounted to $1,950. The amount collected represents 20 percent of the total amount assessed. Eight first offense AdCites issued were resolved within the timeline specified in their respective compliance date.
The discrepancy between the amount assessed in Citations and amount collected should be reviewed further by both City Staff and the Mayor and City Council. While Code Officers do routinely exercise their discretion in waiving Citation fees when compliance is made, the Code Enforcement staff simply does not currently have the personnel to actively engage in collection efforts on delinquent accounts. This is an area of improvement that needs to be addressed moving forward by the Code Enforcement staff.
As the outstanding balances do represent a significant amount of funds that can be brought in as revenue, Code Enforcement staff will be working in this upcoming calendar year on a strategy to initiate collection of these outstanding balances.
It should be noted that while the number of AdCites and the amount assessed appears large, the number of total cases that required Code Officers to issue Citations is small.
Cases that resulted in AdCites represent less than 7 percent of the total case load that Code Officers are responsible for. As of December 31, 2023, a total of 7 cases where AdCites have been issued are still listed in progress, requiring further follow-up by Code Officers.
An effective Intervention method by Code Officers is complemented by the close partnerships the Code Enforcement division maintains with other public and private agencies within and outside the City of Kingsburg local government. Within the past twelve months, the Code Enforcement division has worked on Intervention with members of the Kingsburg Fire and Police Departments, Building Safety and Public Works divisions, the City Attorney’s Office, City Clerk, Fresno and Tulare County Sheriff’s Office, Fresno County Department of Environmental Health, Consolidated Irrigation District, CalTrans, Union Pacific Railroad, and the Kingsburg Chamber of Commerce. These agencies have provided the Code Enforcement staff with much needed assistance in support, technical guidance, direction and networking, and joint action. The Code Enforcement staff and its Officers express the sincerest gratitude and appreciation to all these entities, and the Division is committed to ensuring continued partnerships in the future.
The goal for any Code Enforcement case where there has been an Intervention is to move the property in question to the Resolution stage within the division’s Model of Property Compliance. Often, whether through NOVs or AdCites, cases that are initiated through the Intervention stage end up coming into compliance. However, there are a few notable instances that should be noted that become outliers in this harmonious process. These extreme cases are ones that the City has, or continues to, expend legal resources to forcefully abate public nuisances within the community. The City has exhausted the mechanisms available within the Intervention stage for the property. These examples are the final bullet point of the Resolution stage indicated Civil and/or Criminal proceedings. As of this report, the Code Enforcement division has worked with the City Attorney’s office to initiate legal action against one property.
Adoption of the IPMC within Title 15 of the Kingsburg Municipal Code codified that violations of the IPMC constitute a misdemeanor offense. This is stipulated in section
15.04.080 of the Kingsburg Municipal Code. Currently, Code Officers, the City Attorney’s Office, and the Kingsburg Police Department have not yet felt the need to exercise criminal proceedings under this section. However, the Code Enforcement division and City Attorney’s office have worked together to initiate civil proceedings on the real property located at 114 Crum Court, located in the Kingsburg Business Park.
The property on Crum Court is currently being processed through the Fresno County Superior Court for the issuance of an Abatement Warrant. An excessive overgrowth of weeds on the vacant lot has created a fire hazard, breeding ground for pests and vermin, and is unsightly for the neighborhood. The owner of the property is located out-of-state and has been continually negligent in responding to the communiques of the Code Enforcement staff requiring them to abate the public nuisance. The issuance of the warrant will allow for the City and its representatives to enter onto the property and remove the violations that are present.
In close coordination with the City Attorney’s office, Code Enforcement staff drafted the Application for Warrant reciting the facts of the Code Enforcement effort, including the steps laid out in the Intervention stage of the division’s procedure. Detailed photographs and correspondence will be submitted as supporting evidence for the warrant to be sought. City Staff and the City Attorney’s office expect that a hearing on the matter will occur in January 2024 with an abatement happening shortly after the signing of the warrant. According to both the City Attorney and City Management, an abatement warrant has never been processed, approved, or executed within the City of Kingsburg prior to this action.
Engaging in civil or criminal proceedings for substandard properties and public nuisances is a last resort. Even simple initiation of the proceedings requires an enormous amount of staff resources and, if abatement is authorized, funds - which may not be readily allocated for these uses. The Kingsburg Municipal Code does allow for the City to recoup its costs for the abatement through the issuance of liens on the real property, but it may take several years – sometimes decades – for the City to be reimbursed for these upfront costs. Code Enforcement staff will continue to monitor these costs and work with the City Council to ensure that expenditures in this area are transparent and responsible.
The nexus of the Model of Property Compliance – Prevention, Intervention, Resolution – is its progressive scope of enforcement, while still adhering to the principles of “Broken Windows.” Aggressive action by Code Officers through this method is not always needed to bring properties in compliance as the primary focus of the method is through education. The process of abating nuisances is normally amicable for all parties involved.
However, City of Kingsburg Code Officers are still sometimes required to be engaged in dangerous and threatening situations, either in physical settings or in their interactions with the public.
In the 2021-2022 legislative session, the California State Assembly recognized these risks faced by Code Enforcement officers across the State of California. Senate Bill 296 required that local jurisdictions that employ Code Officers develop safety standards that are appropriate for their respective communities. Code Enforcement staff, in conjunction with the City’s Fire and Police departments, worked to develop safety standards for our Code Officers that considered the unique challenges and character of the City of Kingsburg community. On November 11, the Mayor and City Council formally brought the City of Kingsburg into compliance with this mandate by adopting those safety standards for our Officers. This action signifies the Mayor and City Council’s commitment to safety and is a gracious show of support for the job that the Code Officers do within the community.
As a result of this adoption and the Mayor and City Council’s support, the Code Enforcement staff were inspired to further their commitment to safety. As of December 31, 2023, all field staff within the Code Enforcement division had completed the Code Official Safety Specialist course offered by the national Code Enforcement Officer Safety Foundation. The course was fifteen total hours of instruction and included training on the tactical mindset, fear management, verbal de-escalation, phases of a contact, and surviving a violent encounter. The course was all encompassing and gives our Code Officers additional resources and confidence to do their duties moving forward into the future.
Anecdotally speaking, the City of Kingsburg enjoys a reputation of cleanliness, effective governance, and fierce protection of small-town community values and morales. Even the most cynical observers can admit that our community is safe and inviting. Good Code Enforcement is a critical element in preserving this reputation and ensuring its continuance in perpetuity. With the calendar turning to 2024, the Code Enforcement division will continue the process-oriented enforcement Model of Property Compliance outlined in this narrative. As the enclosed data suggests, this method has been proven to be effective. However, good organizations are compelled to always evaluate their strategies and methods to find room for improvement, and the Code Enforcement division is no exception.
The first step in developing an effective Model of Property Compliance is assessment and strategic planning. Now that the IPMC is fully adopted and vested within the community, operative data can continue to be collected on its continued effectiveness.
The Mayor and City Council should expect more frequent updates as to Code Enforcement activity throughout the year. In correlation with the updates, the Mayor and City Council should feel empowered to provide feedback on Code Enforcement activities on a regular basis to City Staff. It is recommended that the Mayor and City Council direct the City Manager to schedule a workshop with Code Enforcement staff to outline clear priorities for Code Enforcement and define measurable goals for success. With Code Enforcement and City Council working together in a clear and concise direction, the positive strides made in the method of Property Compliance can continue.
The adoption of the IPMC is the first step in the Model of Property Compliance, however the Mayor and City Council should see the IPMC as a living, breathing document. It should be modified to accommodate the changes of our community and the realities of the citizenry. Being that the IPMC is also considered a model code for the nation, it does not always specifically address certain violations that may present here in Kingsburg and reflected in statewide Health & Safety Code. The Mayor and City Council can expect numerous amendments to the IPMC to be brought forward by City Staff to better align with State and local Codes.
Not mentioned within this report is the ability of an applicant throughout the Intervention and Resolution stages to formally request an appeal of a Code Enforcement action. The Municipal Code currently refers matters of appeal of certain Code Enforcement violations to the City Council, which are subsequently heard and adjudicated by the City Council. This is a process that is not consistent with other cities and is unevenly applied within the Municipal Code itself. The current appeal model is susceptible to political considerations and uneven application of enforcement. Rights of redress by our citizens should be fair, consistent, and transparent. The City Council should expect City Staff to present an amendment to the Municipal Code that clarifies this language and lays out a clear and unambiguous method for residents to appeal.
The Code Enforcement staff must continue to promote the division within the community as a necessary component of the City’s vitality. The Mayor and City Council can expect Code Enforcement division visibility at local community events, including the Swedish Festival in May. In October, the City Council can expect a proclamation for Code Enforcement Month and promotional opportunities linked to it.
As a general message to the community, our Code Officers are always welcoming and happy to host any participants for “ride alongs” in the field to see first-hand how the division works. It should be a goal of the Code Enforcement division to present positive promotion of Code Enforcement through public interaction.
Code Enforcement often has a maligned perception within a community. It can be easy for citizens to view Code Enforcement as “big brother” or “government run amok.” As professionals, we all share that this perspective is generally borne of unfamiliarity and past negative experiences. The best way to change these minds is to be transparent and professional, process-oriented, focused on education, and working collectively to develop solutions.
Through this, I am happy to report that the efforts of the Code Enforcement division for 2023 epitomize the mission of the City of Kingsburg:
“… to provide quality, professional services and a safe family-oriented community for our diverse residents to thrive.”
Respectfully submitted on January 17, 2024.
AJ O'Connell, MCP, CBO, CCEA
Building Official/Code Enforcement
1401 Draper St
Kingsburg, CA 93631
559-897-5328
[email protected]
ATTACHMENT A
Needs Assessment
Council/Management Policy – Strategic
Planning
Prevention Intervention Resolution
Property Maintenance
Code Adoption
Community
Notified
On-going Public
Education
Rules
Followed
Compliance
Violation
Customer Service
Request (CSR)
Pro-Active
Enforcement
Inspector
Verified
Notice of
Violation
Notification
Posting,
Mail, Etc.
Follow-Up
Inspections
Violation
Addressed Compliance
AdCites
Civil and/or
Criminal
Proceedings
Abatement
Reporting and Information Management
Personnel and Resource Management
ATTACHMENT B
Jan Feb Mar Apr May June Jul Aug Sep Oct Nov Dec
Number 15 9 27 77 119 163 148 199 149 181 185 147
Total Time Hours 7.5 4.5 13.5 38.5 59.5 81.5 74 99.5 74.5 90.5 92.5 73.5 0 50
100
150
200
250
AXIS TITLE
AXIS TITLE
Code Enforcement Inspections Performed
Number Total Time Hours
Pass
37%
Fail
58%
No Result
5%
Inspection Results
ATTACHMENT C
Proactive - In
Progress
11%
Proactive - Closed
89%
Proactive Case Status
59 2
51 4
12 51
1 19
12 26
36 68
3 8
2 1 2
Proactive Violations
262
74 18
3 0 0
0 50
100
150
200
250
300
Courtesy Notice NOV AdCite Issue Resolved No Issue Duplicate NUMBER
Proactive Case Disposition
Examples of Proactive Cases Addressed
Examples of Proactive Cases Addressed
ATTACHMENT D
Breakdown of Cases Generated for Reactive CSRs
Abandoned Building/Home 2
Abandoned Vehicle on Property 9
ADA Compliance 4
Alley Maintenance 39
Building Condition Complaint 6
Construction Work Without Permits 4
Debris on Property 37
Downtown Maintenance 1
Exterior Violations on House 8
Fallen Tree Branches in Public Location 1
Fire Safety Presentations 1
Food Establishment Complaint 1
Graffiti 11
Illegal Use of Occupancy 2
Improper Signage 12
Infestation - Other 7
Mosquitoes/Stagnant Water 2
Noise Complaint 1
Other 18
Parking Violations 25
Property Maintenance/Grass 66
Sewage Overflow 1
Sidewalk Hazard 1
Reactive - In
Progress
6%
Reactive - Closed
94%
Reactive Case Status
Street Light Out 1
Street Maintenance 1
Temporary Car Port 6
Tenant Complaint 2
Trailer on Property 5
Trash/Litter 6
Unsanitary/Unsafe Conditions 3
Water Use Violation 2
Weeds on City Property 2
Zoning Violations 3
191
44 5
34 11 9
COURTESY
NOTICE
NOV ADCITE ISSUE RESOLVED NO ISSUE DUPLICATE
Reactive Case Disposition
Example of Reactive Cases Addressed
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: Community Services Director Adam Castaneda REVIEWED BY: AP AGENDA ITEM: Kingsburg Health Care District Grant Cycle Announcement ACTION REQUESTED: ___Ordinance ___Resolution ___Motion _____Receive/File
EXECUTIVE SUMMARY
The Kingsburg Health Care District provides grants to various public and private organizations that provide healthrelated services to the Kingsburg community and surrounding area. Grants are awarded for any purpose allowed by state law, including to provide assistance in the operation of free clinics, health education programs, wellness, and prevention programs, rehabilitation, and any other health care groups and organizations that are necessary for the maintenance of good physical and mental health in the Kingsburg community and surrounding area. Each year in January the health care district opens its grant cycle and invites local organizations to submit applications seeking funding for various needs around the community. May 1 is the deadline to submit grant applications, and June 1 is when grant awards will be announced unless the Board acts to set a different schedule or to extend the time within which to act on applications.
The City of Kingsburg has partnered with the district on multiple projects over the last several years for the purchase of public safety equipment and public recreation improvements. A few examples include:
Kingsburg Fire Department 2023 Paramedic Ambulance Personnel $384,987.00 Kingsburg Police Department 2023 Public Service Vehicle & Officer First Aid Kits $19,740.00 Kingsburg Community Services 2023 Public Health & Playground Safety Updates $36,311.50 Kingsburg Community Services 2022 Senior Center Kitchen Renovation $220,728.00 Kingsburg Fire Department 2022 Paramedic Ambulance Personnel $366,654.00 Kingsburg Fire Department 2022 Paramedic Ambulance Wage Adjustment $7,333.00 Kingsburg Fire Department 2022 Lucas/CPR Devices & Annual Contract $80,106.00 Kingsburg Fire Department 2021 Paramedic Ambulance Personnel $377,400.00 Kingsburg Fire Department 2020 New Ambulance $359,000.00 Kingsburg Fire Department 2020 Public Access AED/CPR Program $103,550.00 Kingsburg Fire Department 2020 Ambulance Equipment Program $202,051.00 Kingsburg Community Services 2019 Crandell Swim Complex Project $434,937.00 Kingsburg Community Services 2019 Athwal Park Improvements Phase I $600,000.00 Kingsburg Fire Department 2018 Autoload Cots and ECG Monitors $126,505.00 Kingsburg Police Department 2018 Patrol Vehicle and Officer First Aid Kits $6,007.70 Kingsburg Fire Department 2017 New Ambulance $250,000.00 Tonight, staff is informing the City Council of the upcoming grant cycle and seeking input on potential project proposals for the 2024 calendar year. Staff will begin working together to develop possible project ideas and present those ideas to the council in the coming weeks.
RECOMMENDED ACTION BY CITY COUNCIL
Meeting Date: 01/17/2024
Agenda Item: 6.4
1. Staff is seeking input from the council on possible applications for the upcoming grant cycle.
POLICY ALTERNATIVE(S)
1. The council could modify the direction with regard to submitting applications for this grant cycle.
STRATEGIC INITIATIVE
1. Preserve the Kingsburg Experience
2. Financial Stability
3. Community Safety
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
During the first quarter of every year, a presentation is given to the City Council as an introduction to the Kingsburg Health Care District’s grant cycle and staff’s desire to submit grant requests for that year.
ATTACHED INFORMATION
None
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A