FILED
F THE Cll V CI.ER~
OAI<L MiD
TO: Sabrina B. Landreth
City Administrator
SUBJECT: Quarterly Tracking Report for Code
Enforcement
City Administrator Approval
RECOMMENDATION
AGENDA REPORT
FROM: Rachel Flynn
Director, Planning and
Building Department
DATE: November 9, 2015
Date :
Staff recommends that City Council accept this quarterly report on Code Enforcement activities in the Planning and Building Department.
EXECUTIVE SUMMARY
This quarterly report provides the City Council with current information on Code Enforcement activities. It includes background information on programs related to Code Enforcement (CE) as well as requested metrics from July 1, 2015 to September 30, 2015 . Metrics include : complaints received, inspections conducted, notices of violations sent , etc ., to highlight efforts to address property blight and building maintenance codes .
BACKGROUND I LEGISLATIVE HISTORY
On June 30, 2015, the City Council adopted the FY 2015-17 Biennial Policy Budget (Resolution No. 85682 C. M.S.), which included Policy Directive (PD) #2a that directed the Planning and Building Department to provide a quarterly matrix of Code Enforcement activities .
ANALYSIS
The attached matrix (Attachment A) provides data regarding Code Enforcement (CE) complaints received July 1, 2015 through September 30, 2015. During this period there were a total of 1 ,222 CE related complaints. The data includes steps taken , from initial complaint intake through blight abatement.
Item: -=---
Community & Economic Development Committee
December 1, 2015
Sabrina B. Landreth, City Administrator
Subject: Quarterly Tracking Report for Code Enforcement Date: November 9, 2015 Page 2
Summary
Property Blight Program is in Section 8.24 of the Oakland Municipal Code (OMC) and involves code enforcement of blighted lots (vacant or with structures) and blighted buildings (vacant or occupied). If it is determined that blight exists, the City follows the procedures set forth in OMC Section 15.08 - Maintenance Code. This program is handled by the Code Enforcement Division of the Bureau of Building. Staff includes the Building Official, the Principal Inspections Supervisor, multiple Specialty Combination Inspectors, the Management Assistant and her Administrative staff.
Zoning Enforcement responds to land use activity violations per OMC Section 17.110. This type of enforcement is handled by the Planner IV and Planner Ill in the Bureau of Building.
Foreclosed and Defaulted Registration Program is in OMC Section 8.54. This requires that lenders register vacant, foreclosed and defaulted properties annually and maintain properties per OMC Section 15.08. This program is managed by our Program Analyst in the Bureau of Building.
Non-Owner Occupied Residential Building Registration is in OMC Section 8.58. This requires that new property owners register properties within 90 days of purchase, if the owner does not intend to occupy the property. This is managed by our Program Analyst.
See Attachment B for Code Enforcement organizational chart, Attachment C1 for Property Blight workflow processes and Attachment C2 for Building Maintenance workflow process.
Other Code Enforcement-related Duties:
• Nuisance Abatement- This is handled in the City Administrator's Office and involves coordination with Code Enforcement as related to property blight and building maintenance with Criminal and Nuisance Activity, OMC 8.03.120.
Examples include sidewalk encroachment violations, etc. • City Attorney's Office Neighborhood Law Corp -This office works closely with Code Enforcement as needed for complex blight violations. Examples include appeals, application of receivership, etc.
• Strategic Multi-Agency Response Team (SMART) -This is a coordinated effort among multiple departments regarding problem properties that involve criminal activity and other OMC related violations. The departments involved include the Police Department (OPD), Public Works (OPW), Code Enforcement, the Fire Marshall's Office, the City Administrator's Office of Nuisance Abatement, and County Vector Control.
Item: ____ _
Community & Economic Development Committee
December 1, 2015
Sabrina B. Landreth, City Administrator
Subject: Quarterly Tracking Report for Code Enforcement Date: November 9, 2015 Page 3
• Neighborhood Crime Prevention Council (NCPC) -This is managed by OPD and involves Code Enforcement as needed to inform neighborhoods of our services. • Deemed Approved- OMC Section 8.03 requires annual inspections of hotels and motels to insure they are properly maintained per OMC requirements. • Safety Hazard Response - The Building Official and Code Enforcement staff is contacted when an event occurs, i.e., major fire destruction, that may pose a safety hazard to building occupants and/or the public.
• Healthy Homes -This is an Alameda County Health Department program that addresses asthma, which is typically caused by mold in residential units. The City provides initial inspections services for the County to confirm if mold or other building related issues are causing health problems.
• Pro-active Inspections- The City has just initiated a pilot Safe Housing Inspections Program (SHIP) with the Fire Department. Pro-active inspections are now being conducted by the Fire Department in the San Antonio neighborhood. If the Fire Inspector observes property blight, blighted buildings, and/or building maintenance issues -these violations will be referred to the Bureau of Building for follow-up. The City has hired a temporary one-year employee to coordinate this program and to research the possibility of a new Pro active program for the Bureau of Building to conduct.
New Processes
Vacant Lot Postings - Code Enforcement is now posting vacant lots and properties that have been cleaned by a City Contractor. Postings include the date the lot was cleaned, a contact phone number in Building Services, and our web address. This affords citizens an opportunity to use technology to notify us quickly of blighted conditions on the property. We believe this posting will reduce illegal dumping, squatters and blight on these properties.
Accela- This is a new program that was implemented in January 2014 to replace the former Permit Tracking System. Staff continues to work with the vendor to improve the Code Enforcement module to provide up-to-date metrics.
POLICY ALTERNATIVES
Repeat Offender Program - Code Enforcement would like to re-establish the Repeat Offender Program. This applies to property owners that have the same or similar violations within a 12- Item: ____ _
Community & Economic Development Committee
December 1, 2015
Sabrina B. Landreth, City Administrator
Subject: Quarterly Tracking Report for Code Enforcement Date: November 9, 2015 Page 4
month period. This program would allow for an immediate assessment of fees, whereas the current policy allows for a period of 30 days for correction, with no fee assessment levied.
Property Owner Certification -This is a document, signed by property owners, that commits to proper maintenance of their property. Staff would like to impose a fee for owners that do not uphold this commitment.
Conclusion
Code Enforcement staff continues to handle a large workload of blight complaints. Department response times have improved over the last two years due to City Council approval of the FY13- 15 budget and the addition of four (4) new Specialty Combination Inspectors focused solely on Code Enforcement. In addition, City Council approved four (4) new Office Assistant positions, as part of the FY15-17 budget, to handle customer service related matters and the processing of Code Enforcement paperwork. The addition of these new employees should result in further improvement to response times to address complaints. These new positions are expected to be filled on December 7, 2015.
FISCAL IMPACT
No actions are requested as part of this report and as a result, there is no fiscal impact.
PUBLIC OUTREACH /INTEREST
The hearing of this quarterly report does not require any public outreach beyond normal noticing on the City's website.
COORDINATION
This report was prepared in coordination with the City Administrator's Office and City Attorney's Office.
SUSTAINABLE OPPORTUNITIES
Economic: There are no economic opportunities associated with the acceptance of this report.
Environmental: There are no environmental opportunities associated with the acceptance of this report.
Social Equity: There are no social equity opportunities associated with the acceptance of this report.
Item: ____ _
Community & Economic Development Committee
December 1, 2015
Sabrina B. Landreth, City Administrator
Subject: Quarterly Tracking Report for Code Enforcement Date: November 9, 2015
ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the Community and Economic Development Committee accept this quarterly report on Code Enforcement activities from July 1, 2015 to September 30, 2015.
For questions regarding this report, please contact Sandra Smith, Management Assistant, at (51 0) 238-3239.
Attachments (4):
Rachel Flynn, AlA
Director, Planning and Building Department
Reviewed by:
Tim Low, PE
Acting Building Official/Deputy Director
Bureau of Building
Planning and Building Department
Reviewed by:
Rich Fielding
Principal Inspections Supervisor
Bureau of Building
Planning and Building Department
Prepared by:
Sandra Smith, Management Assistant
Bureau of Building, Code Enforcement
Planning and Building Department
Attachment A: Code Enforcement Activity Matrix
Attachment B: Code Enforcement Organizational Chart
Attachment C1: Property Blight Workflow Process
Attachment C2: Building Maintenance Workflow Processes
Item: ___ _
Community & Economic Development Committee
December 1, 2015
-
PHASE I- INTAKE of COMPLAINTS
o TOTAL INTAKE of Complaints
c Property Blight
EJ Building Maintenance
IJ Zoning
Totals
1st Quarter
1,222
611
531
80 -
PHASE II COURTESY NOTICES or INSPECTIONS
Property Blight
o COURTESY NOTICES
o INSPECTIONS
c Violation(s) Verified
c No Violation(s) Found
1st Quarter I Carry Over
Actions*
611 152
344 33
265 74
139 66
126 8
* Other Complaint activity during this quarter for cases filed before July 1, 2015 1111
PHASE Ill ~ ENFORCEMENT
Property Blight
o TOTAL Violations Verified
IJ Notices of Violation (NOV's) Issued
c NOV's in Progress
* Other Complaint activity during this quarter for cases filed before July 1, 2015 1st Quarter
139
85 54
Carry Over
Actions
152
33 119
PHASE IV - FOLLOW-UP INSPECTIONS/ ACTIONS
Property Blight
-
o FOLLOW-UP INSPECTIONS
c Violation(s) Unabated
ll Violation(s) Abated
o POST-INSPECTIONS FOLLOW-UP
c Notice to owner regarding warrant
c Warrant obtained
c Bids Issued
c Property Cleaned Up by Contractor
1 sf Quarter
55 30
85 3
0 1
1 * Other Complaint activity during this quarter for cases filed before July 1, 2015 Carry Over
I Actions*
83 53
24 5
17 . 17
-
IIIII
PHASE I- INTAKE of COMPLAINTS
o TOTAL INTAKE of Complaints
c Property Blight
IJ Building Maintenance
IJ Zoning
Totals
1 sf Quarter
1,222
611
531
80 -
PHASE II ---COURTESY NOTICES or INSPECTIONS
Building Maintenance
TOTAL COMPLAINTS
o COURTESY NOTICES
o INSPECTIONS
ll Violation(s) Verified
IJ No Violation(s) Found
1st Quarter
531
-
19 512
251
261
* Other Complaint activity during this quarter for cases filed before July 1, 2015 I Carry Over
Actions*
IL 5
18 1 1
7 PHASE Ill ENFORCEMENT
Building Maintenance
IIIII
o TOTAL Violations Verified
c Notices of Violation (NOV's) Issued
IJ NOV's in Progress
ll Stop Work Order Issued
* Other Complaint activity during this quarter for cases filed before July 1, 2015 1st Quarter I Carry Over
-Actions*
251 ~c--~1
166 3
-
63 8
22 PHASE IV =- FOLLOW-UP INSPECTIONS/ ACTIONS
Building Maintenance
1111
o FOLLOW-UP INSPECTIONS/ APPEALS
D Violation{s) Unabated
D Violation{s) Abated
D Appeals/Hearings
1st Quarter
136
30 * Other Complaint activity during this quarter for cases filed before July 1, 2015 Carry Over
Actions*
123 .
28 5/2
-
PHASE I- INTAKE of COMPLAINTS
lEI ~----~--~----------~ Totals
1st Quarter
o TOTAL INTAKE of Complaints L 1 ~ 222
EJ Property Blight 611
IJ Building Maintenance 531
c Zoning so
PHASE II -COURTESY NOTICES or INSPECTIONS
Zoning
TOTAL COMPLAINTS
o COURTESY NOTICES
o INSPECTIONS
c Violation(s) Verified
IJ No Violation(s) Found
1st Quarter Carry Over
Actions*
80 1
79 31
39 ~ 14
40 17
* Other Complaint activity during this quarter for cases filed before July 1, 2015 ~~ y_-... '?' -:: ;J','~".~ .... ::.:~-~t-~~~~-:~"~~-~~ :: -,. __ •. ~. ':.,>;.-·!:'>;-. ~;~ ;.~ .
IIEII
PHASE Ill
Zoning
ENFORCEMENT
o TOTAL Violations Verified
IJ Notices of Violation (NOV's) Issued
IJ NOV's in Progress
ll Stop Work Order Issued
* Other Complaint activity during this quarter for cases filed before July 1, 2015 1st Quarter Carry Over -
Actions*
39 14
20 9
16 5
3 PHASE IV
Zoning
FOLLOW-UP INSPECTIONS/ ACTIONS
o FOLLOW-UP INSPECTIONS/ APPEALS
IJ Violation(s) Unabated
IJ Violation(s) Abated
IJ Appeals/Hearings
1 sf Quarter
13 7
* Other Complaint activity during this quarter for cases filed before July 1, 2015 I
Carry Over
Actions* •
10 12
ode EnforcemenT rees
-- 1st Quarter
o TOTAL FEES INVOICED $ 520,948
• - w
o TOTAL REVENUES RECEIVED $ 55,992
II CODE ENFORCEMENT I
Administrative
Support
Sandra Smith
Management
Assistant
Denise Parker
Office Manager
Traci Campqell Sylvia Ford
Public S~rvic~ Rep f.- Public Service Rep
Karen Cheng ,_ Ayanna Meekins
f.!Liblic Sgrvice Rep P1,1blic S~rviC!! Rep
Maurice Ear-ly Rebecca Tegan
L.... Public Service Rep, Public Service Rep PPT
Zoning Compliance
Bill Quesada
Planner IV
Chris Candell
Planner Ill
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jj
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I
Building Official
(Acting)
Tim Low
Inspections
Rich Fielding
Principal Inspection
Supervisor
c-----------------------------· ·~~~~~~~-- ~~o~-- ~·
District 1 District 5
Benjamin Lai r- Hugo Barron
District 2 r- District 6
Randy Schinim Robert Walker
- - -
Distri~ 3 District 7
Gene Martinelli r- Ivan Ramirez
pistrict 4 Foreclosure/! nvestor
Rotational/Gregory - Programs
<;:lar~e Gregory (;Iarke
- -
Graffiti/Floater
- Thomas Espinosa
~
• • . • i: . . . . • • :: • • . • ,,
'· :: •
•
,, • • . . :: •
l __ ____________ sP"eciai!v .. car-T(5rilatic5r(fil5-ilef!ors ________________ J Foreclosure Investor
Programs
Jean Casey
Program Analyst Ill
Proactive Inspections
Ethan Guy
ELDE - Proactive
Inspections
ATTACHMENT B
Administrative '
Support
Sandra Smith
Management
Assistant
'
Denise P;frker
Office Manager
Traci Campbell
Public Service Rep
Karen Cheng
Public Service Rep
Maurice Early
Public Service Rep
Sylvia Ford
Public Service Rep
Rebecca Tegan
Public Service Rep,
PPT
Zoning Complia nce
Bill Quesada
Planner IV
Chris Candell
Planner Ill
' '
Building Official
(Acting)
Tim Low
Inspections
Rich Fielding
Principal Inspection
Supervisor
Ed Labayog, Senior
Inspector
-- ------ - - -- - - ----- ~
District 1
Benjamin Lai
District2
Randy Schimm
Distri~ 3
Gene Martinelli
District4
Rotat ional/Gregory
Clarke
.~- ----
DistrictS
Hugo Barron
District 6
Robert Walker
Qistrict 7
lvar\ Ramirez
Foreclosure/Investor ..
Programs
Gregory Clarke
Graffiti/Floater
Thomas Espinosa
Specialty Combination Inspectors
Foreclosure Investor ,
Programs Proactive Inspections
,
Ethan Guy "' Jean Casey
' Program Analyst Ill Temporary 1-yr
I
position
'
'
ATIACHMENT B
unting
Diana Rex
Administrative
Analyst
Account Clerk II
J_ulia.B.ell
Account Clerk II
Account Clerk II
Code Enforcement Process - Property Blight
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0 Begin )---------------------------------Yes-----------------------, Inform
owner of
There is an escalation process available to Building Services for cases involving issues Create Notice
of Violation
Blight,
including all
violations
found
such as worsened conditions or multiple complaints, resulting in an inspection and following the standard blight process.
Referral to Housing Department for some property owners. financial assistance and various rehab services (Housing Services- requires income verification), and third-party partners.
If abatement efforts are underway but incomplete, inspector uses discretion prior to escalating the process and charging additional fees. Inspection Supervisor approval is required for inspection dates more than 30 days away.
Correct the
blight within
N---Jo! 30 days
End
remove, repair or
register within 1 0
days. Penalty is
vehicle towing.
Submit
request for
N,..-f tee bill3 (1st &
znd inspection)
Send Notice of Intent to
Obtain Warrant. If
~ A'[T!IG_HMENT CL
If fees are unpaid by
quarter's end, place a
lien on property to
pay for inspections,
work performed, and
fees
!Code Enforcement Process- Building Maintenance
l ____ _
i
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-···-···----~------------------~------· ·-. ---------------------- -------------------~---------···· .... ·-· ··-···------~-------------------- .... ·------------~---------------------------------- - -----·-···· ------~---······-····--------------······-·-···· ----------·-- "E "iii
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e a.
Begin
information
(Wthin 5 days)
Arrange an
inspection date/
time (2-hr
window)
Begin
Footnotes:
Send
complaint to
Building
Services
Schedule a
Request to
Verify
Conduct
inspection, take
photos, give
occupant a
business card
Send
complaint to
Building
Services
No
Note findings and
attach photos in
the item's file.
Provide info to
PBD admin staff
Referral to Housing Department for some property owners, financial assistance and varioUs rehab services (Housing Services- requires income verification), and third-party partners.
If abatement efforts are underway but incomplete, inspector uses discretion prior to escalating the process and charging additional fees. Inspection Supervisor approval is required for inspection dates more than 30 days away.
Yes
V\fithin 1 o days of inspection.
send Notice to Abate to
Input inspection I property owner via USPS and
data into system • Certified Mail. List violations
for noticing and re-inspection dates.
I
No
·Is the building
Substandard? Yes resources
Process/ I available
abatement 1
------.,----
Must be filed 'I
within 21 days of
initial notice.
recess is on hold).ifYes
ntil resolutioiY.
\ .j. { End _)
t
Yes
Issue a fee charge for
1 inspections, schedule
,--------! 1 re-inspection as soon
1 as two weeks
Optional: Owner
may enter into a
compliance plan
to schedule
Allow more time
to complete,
e.g., 30 days (at
the discretion of
the supervisor)
--y~-. --~
~~r No
shown good
faith effort to
bate? 2