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item_2.1_code_presentation

Lathrop City Council
January 23, 2023

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item_2.1_code_presentation
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January 23, 2023
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Lathrop City Council
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Text extracted from the city's file for reading and search. Open the original on www.ci.lathrop.ca.us. That file is the official record.

CODE COMPLIANCE AND ENFORCEMENT PROCESS

CITY COUNCIL SPECIAL MEETING
JANUARY 23, 2023 – ITEM 2.1
1 CODE ENFORCEMENT OVERVIEW
2 PETE ROQUE

DIRECTOR OF CODE ENFORCEMENT

PURPOSE
3  Receive Information
• Code Compliance – Functions
• Code Compliance – Tools
• Code Compliance – Current Process
 City Council discussion
 Council to provide direction to staff on Code Compliance and Enforcement Procedures

CODE COMPLIANCE FUNCTIONS
4 Code
Enforcement
Planning / Zoning
Other
• Parks and Recreation
• Animal Control
• Environmental Health
• Vector Control
• Community Development
City
Administrator
• City Manager / City
Attorney
Fire
Licensing
Public
Works
Building
& Safety
Police

CITY OF LATHROP CODE ENFORCEMENT
 Calls for Service (Reactive)
 Rules and Regulations
 Applicable and Adopted Codes
 Animal Code
 California Vehicle Code
 Local Codes
5 CITY OF LATHROP CODE ENFORCEMENT
6 CITY OF LATHROP CODE ENFORCEMENT
7 CITY OF LATHROP CODE ENFORCEMENT
8 CITY OF LATHROP CODE ENFORCEMENT
9 BUILDING SUPPORT
 Complaint Based
 Construction Type Calls
 Applicable and Adopted Codes
 CA Building Code
 IPMC
 Local Codes
10 PUBLIC WORKS SUPPORT
 Reactive / Proactive
 Encroachments
 Illicit Discharges / Connections
 Local Municipal Codes
 Storm Water Regulations
11 BUSINESS LICENSE SUPPORT
 Complaint / Scheduled
 Processes
 Applicable And Adopted Codes
12 PLANNING SUPPORT
 Complaint Driven
 Land Use Violations
 Signage
 Municipal Code
13 FIRE SUPPORT  Reactive / Proactive  Housing Inspections  Annual Inspections  Local Codes  Weed Abatement  IPMC / CBC / CFC 14 ADMINISTRATION SUPPORT
 Reactive
 Administrative Direction
 Adopted Codes
 Local Codes
15 ANCILLARY SUPPORT
 Parks and Recreation
 Animal Control
 Environmental Health
 Vector Control
 Community Development
16 CODE COMPLIANCE
17 TOOLS OF THE TRADE
18 Relevant Tools for Code Compliance to
Address Common Violations
TOOLS OF THE TRADE (CONT.)
19  ADMINISTRATIVE CITATIONS ……………………………. LMC 1.12.130  CRIMINAL CITATIONS …………………………………….. LMC 1.16.010 (A)(1)  CIVIL ACTION…………………………………………….... LMC 1.04.200
 INSPECTION WARRANTS…………………………………. LMC 1.12.030
 PUBLIC NUISANCE DECLARATION HEARING………….. LMC 8.24.060  SUMMARY ABATEMENT……………………………………. LMC 1.12.240 & LMC 1.16.010 (B)  ABATEMENT WARRANTS………………………………….. LMC 1.12.210
 RECEIVERSHIPS………………………………………………California Health & Safety Code section 17980.7

COUNCIL DISCUSSION & DIRECTION
20  Complaint: A resident or business owner submits a complaint about a potential code violation to the city's code compliance department.
 Investigation: The complaint is assigned to an inspector who investigates the issue and determines whether a violation has occurred.
 Notice of Violation: If a violation is found, the inspector issues a notice of violation to the property owner, outlining the specific violation and the steps that need to be taken to bring the property into compliance.  Compliance Deadline: The property owner is given a deadline to bring the property into compliance.  Compliance Check: The inspector follows up on the compliance deadline and verifies that the property is now in compliance.
 Reinspection: If the property is not in compliance, the inspector will schedule a reinspection.  Compliance: If the property is brought into compliance, the case is closed.  Enforcement: If the property owner does not bring the property into compliance, the city may take enforcement action, such as fines or legal action.

Industry Standard

COUNCIL DISCUSSION & DIRECTION
21  Step 1 – Complaint received (Reactive approach)
 Step 2 – Staff conducts inspection and assesses the complaint  Step 3 – If required, staff issues a “Notice of Violation” with citation language and a timeline for compliance  Step 4 – Staff creates a follow-up inspection for compliance  Step 5 – Staff will conduct a follow-up inspection and issue citations for non-compliance (∞) ($100, $200, $500)  Step 6 – Staff conducts recordation
Historical Approach

COUNCIL DISCUSSION & DIRECTION
22  Step 1 – Complaint received (Reactive approach)
 Step 2 – Staff conducts inspection and assesses the complaint  Step 3 – If required, staff issues courtesy notice and/or provides in-person education and solutions (non-punitive)  Step 4 – Staff creates a follow-up inspection for compliance (the timeframe varies)  Step 5 – Staff will conduct a follow-up. If needed, staff will send a “Notice of Violation” with citation language and a timeline for compliance
 Step 6 – Staff will conduct a follow-up inspection and issue citations for non-compliance (x3) ($100, $200, $500)
 Step 7 – Staff will have an office conference prior to initiating further enforcement action  Step 8 – Staff pursues appropriate legal tools (abatement, recordation, criminal, civil) Alternative Approach (Education to Further Enforcement) * Key differences from historical approach

COUNCIL DISCUSSION & DIRECTION
23  Step 1 – Complaint received (Reactive approach)
 Step 2 – Staff conducts inspection and assesses the complaint  Step 3 – Staff creates a follow-up inspection for compliance  Step 4 – Staff will conduct a follow-up. If needed, staff will send a “Notice of Violation” with citation language and a timeline for compliance
 Step 5 – Staff will conduct a follow-up inspection and issue citations for non-compliance (x3) ($100, $200, $500)  Step 6 – Staff will request a criminal filing for non-compliance, where a judge may issue legal order to comply or apply criminal penalties such as fines, probation, or jail.

Alternative Approach (Notice, Fine, Criminal Filing) * Key differences from historical approach

COUNCIL DISCUSSION & DIRECTION
24  Step 1 – Complaint received (Reactive approach)
 Step 2 – Staff conducts inspection and assesses the complaint  Step 3 – Staff creates a follow-up inspection for compliance  Step 4 – Staff will conduct a follow-up. If needed, staff will send a “Notice of Violation” with citation language and a timeline for compliance
 Step 5 – Staff will conduct a follow-up inspection and issue citations for non-compliance (x3) ($100, $200, $500)
 Step 6 – Staff will request an abatement hearing to pursue city abatement of the nuisance  Step 7 – Cost Recovery (Tax Lien)
Alternative Approach (Notice, Fine, Abatement) * Key differences from historical approach

COUNCIL DISCUSSION & DIRECTION
25 QUESTIONS?

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