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?