CED Committee
July 23, 2024
AGENDA REPORT
TO: Jestin D. Johnson FROM: William A. Gilchrist,
City Administrator Director, Planning &
Building Department
SUBJECT: FY 2023-24 Quarter 3 Update on
Code Enforcement Activities
DATE: June 10, 2024
City Administrator Approval Date:
RECOMMENDATION
Staff Recommends That The City Council Receive An Informational Report Regarding The Fiscal Year 2023-24 Quarter 3 Update On The Planning and Building Department's Code Enforcement Activities.
EXECUTIVE SUMMARY
The goal of Code Enforcement is to increase the safety, habitability, and livability of the built environment in the City of Oakland (City). This Informational Report provides current information on the code enforcement activities of the Planning and Building Department (PBD) for the third quarter of Fiscal Year (FY) 2023-24 (January 1, 2024, through March 31, 2024). The PBD's Code Enforcement Division enforces compliance with building, housing, and zoning codes and regulations. It is important to note that although many other departments within the City enforce property-related regulations, such as Economic Workforce and Development Department (EWDD), Oakland Public Works Department (OPW), Fire Department (OFD), and Police Department (OPD), the data and work activities described in this report only pertain to PBD's enforcement activities under the Oakland Municipal Code (OMC).
BACKGROUND / LEGISLATIVE HISTORY
Purpose and Origin of Quarterly Code Enforcement Report
The City's FY 2015-17 Policy Budget contains a directive to provide an informational report on a quarterly basis to the City Council concerning the code enforcement activities of PBD. The purpose of the report is to update the City Council and the public on the range of code enforcement work being performed, the statistics related to those categories of enforcement, and key initiatives underway to improve the effectiveness of Code Enforcement Services. The Code Enforcement division of PBD pursues the enhancement of livability in the community through the facilitation of neighborhood revitalization projects, focus on the reduction of blighted properties, and ensuring the health and safety of occupants in and around structures. Recently, Code Enforcement has been a partner in the Neighborhood Enhanced Services Team (NEST) Jestin Johnson (Jul 11, 2024 20:07 PDT)
Jul 11, 2024
Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 3 Date: June 10, 2024 Page 2
CED Committee
July 23, 2024
work in East, West, and Central Oakland to improve the quality of life in Oakland’s High Priority Equity communities. These interdisciplinary teams address multiple issues to create positive change. Code Enforcement’s current role is to focus on several problem properties within identified service areas. Additionally, Code Enforcement works with the Abandoned Auto Task Force to address illegal businesses that may be tied to vehicle thefts and vehicle stripping in Oakland; specifically, determining whether those business operations constitute a public nuisance and working to clean up Oakland’s streets through addressing a cause of the epidemic of stripped vehicles found within city limits. PBD has received an average of 1,607 complaints each Quarter over the last 4 fiscal years. The lowest number of complaints occurred in FY 2019- 20 Quarter 3, where 1,187 complaints were received and the highest was in FY 2020-21 Quarter 3, where 1,942 complaints were received.
A primary goal of the City's Code Enforcement program is to resolve property maintenance, building maintenance and zoning code violations in a timely, effective, and efficient manner. The requirements and process for each are discussed in this report. The length of time to achieve compliance varies based upon several factors, such as the complexity or extent of the violation, cooperation of the property owner, or the extent to which the property owner pursues appeals of code enforcement determinations. The code enforcement program is primarily complaint-driven, and the number of complaints received vary over any given period. See Slide 4 of Attachment A for the volume of quarterly complaints received:
Complaint Submittal and Processing
Complaints are received in various ways (Oak311, via the Accela Online Permit Center, phone, email, etc.) and are referred to Code Enforcement administrative staff, who examine the reported complaint and initiate its routing through the enforcement process. Depending on the nature of the complaint, the property owner may be sent a Courtesy Notice or staff will conduct a site visit, such as a first inspection, which may lead to the issuance of a Notice of Violation (NOV). See Slide 5 of Attachment A for volume of first inspections over time.
A Courtesy Notice is sent for initial reports of minor violations of blight and nuisance complaints, such as noise abatement, trash and debris left in the public view, and other non-hazardous conditions. No inspection of the property is conducted. The property owner has twenty-one days to respond to the notice and may certify that the violations are unfounded or have been corrected by returning the Property Owner Certification form with corroborating photographs.
The first inspection is the initial visit to the site once a complaint has been received. The purpose of this inspection is to verify whether the conditions reported through the complaint violate the OMC. Whenever a violation is verified through a site visit, an NOV is issued that includes a list of the violations and of the corrections that must be made. NOVs are issued for a variety of reasons, such as work performed without permits, deteriorated and unsecured empty buildings, graffiti, hazardous and unsafe conditions on private property, and for repeated violations that have not been corrected.
If the case does not constitute an imminent hazard, then the City allows corrective action to be taken without the assessment of fees for a 30-day period (plus five extra days for mailing) from the date of the NOV. For persistent non-compliance, the City initiates and continues to apply fines until abatement of the violation is achieved. The City will record the NOV with the County to alert potential interested parties to the existing violations. Properties that contain substandard Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 3 Date: June 10, 2024 Page 3
CED Committee
July 23, 2024
conditions as defined by OMC 15.08.340 will escalate towards an Order to Abate or to a Declaration of Substandard and Public Nuisance.
These actions carry substantial assessments and consequences, such as demolition of a structure or when there is unpermitted construction of a residential dwelling unit that may result in temporary or permanent relocation of occupants, depending on the extent of the correction and its impact on habitability during construction. Receivers of an NOV are given the right to appeal the violations. Such appeals must be filed within 21 days (plus five extra for mailing) from the issuance of the NOV. See Attachment A: specifically, Slide 7 for the “Average Case Management Duration” or timeframe for abatement; Slide 8 for the “Number of Enforcement Actions for Compliance and Abatement”; Slide 9 for “Abated/Closed Cases Reported from Quarter 3 of FY 2022-23 to Quarter 3 of FY 2023-24”; Slide 10 for “Abated/Closed Cases Distribution by year Case Opened”; and Slide 11 for “Total Open and Abated/Closed Cases” for Quarter 3 of FY 2023-24. Finally, Slide 12 provides data on “Enforcement Fees Assessed” to gain compliance from Quarter 3 of FY 2022-23 to Quarter 3 of FY 2023-24.
ANALYSIS AND POLICY ALTERNATIVES
The PBD Code Enforcement Program directly relates to the Citywide priorities of 1) holistic community safety and 2) housing, economic, and cultural security by providing the means and methods to verify and correct violations of the OMC as they relate to minimum maintenance standards for private property under the categories of property blight and graffiti, building maintenance, and zoning, as discussed below.
Code Enforcement Categories
Before describing Code Enforcement categories, it is necessary to discuss issues that do not fall under Code Enforcement’s jurisdiction. Issues that arise on public property do not involve Code Enforcement. For instance, a box spring left in the driveway of a private residence can be reported to Code Enforcement for abatement. That same box spring, if dumped on public property, such as in a park or on a sidewalk, is not reportable to Code Enforcement. Instead, it falls under the enforcement responsibility of OPW. The same thing holds with graffiti and other issues on public property. Following is a discussion of Code Enforcement categories as they concern private property.
Property Blight and Graffiti: It is unlawful for any person or corporation whether as owner or occupant in possession of the property to maintain any property in a blighted condition per OMC Chapter 8.24. A blighted property (i.e., residential, commercial, or industrial properties) is one that exhibits a lack of maintenance, livability, and appearance that does not promote the health, safety, and general welfare of the community. Blight includes: abandoned or unsecured buildings and structures; abandoned construction projects; dilapidated, deteriorated buildings; broken or missing windows, doors, fencing, signs, retaining walls; defaced buildings; overgrown vegetation; trash and debris; unclean, unsanitary property; garbage bins left in public view; open storage; property that creates a dangerous condition (i.e., erosion controls); unstable soil conditions; parking and storage of trailers, campers, recreational vehicles, boats, unregistered, inoperative vehicles, appliances, furniture, etc... Per OMC Chapters 8.24.050 and 8.10.110, complaints regarding blight and graffiti on residential, industrial, or commercial properties, as well as privately-owned vacant lots are inspected and issued an enforcement notice to abate.
Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 3 Date: June 10, 2024 Page 4
CED Committee
July 23, 2024
As mentioned above, illegal dumping of items on the street and sidewalk is commonly reported to Code Enforcement Services of PBD, but it falls under the enforcement responsibility of OPW.
As such, a referral is made to OPW. Graffiti and other built environment-related issues on public property also fall under the enforcement responsibility of OPW.
Building Maintenance: It is unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, convert, demolish, equip, use, occupy or maintain any building, structure, portion thereof, or real property or cause or allow the same to be done in violation of this Chapter 15.08 of the OMC. The provisions of the Code apply to real property and to all residential and non-residential buildings used, or designed or intended to be used, for human occupancy and habitation and all accessory buildings and structures on the same lot or parcel. Such occupancies in existing buildings may continue as provided in the Oakland Building Construction Code, except where the Building Official has issued an order to vacate after such structures are found to be substandard and public nuisance as defined in this Chapter, 15.08.030 of the OMC. While enforcement of blight is commonly straight-forward, building maintenance issues may require extensive investigation and research, as well as coordination with other departments like OFD, EWDD and Housing and Community Development (HCD) and guidance from the City Attorney to confirm the City's options under a range of enforcement scenarios. The City Attorney is an essential partner in the successful enforcement and resolution of PBD’s cases.
Zoning: It is unlawful to establish, substitute, expand, construct, alter, move, paint, maintain or otherwise change any structure, or create or change lot lines, except in conformity with the Oakland General Plan per Chapter 17 of the OMC (Section 17.010.3). Regulations related to compliance and use for residential, commercial, and industrial zone designations include unpermitted business in residential areas, excessive signage/advertising signage, fencing height, construction noise, persistent noise, and other unapproved activity. Enforcement includes the issuance of Courtesy Notices, NOVs and enforcement noticing described under Building Maintenance to gain compliance.
Table 1 provides a general sample and categorization of the types of violations that come in as complaints.
Table 1. Types of complaints by category
Property Maintenance (Blight)
(OMC 8.24)
Building Maintenance
(OMC 15.08)
(Minor) Zoning
(OMC Title 17)
Trash / Debris Unpermitted work Business in residential zone Graffiti Mold Fencing height
Overgrown vegetation Lack of adequate heat Construction noise outside of permitted hours
Trash and recycling bins left
curbside past collection day
Plumbing Equipment setback
Use of gas-powered leaf blower Electrical Livestock (e.g. roosters)
Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 3 Date: June 10, 2024 Page 5
CED Committee
July 23, 2024
Abatement and Case Clearance Issues
During FY 2023-24 Quarter 3, Code Enforcement received 1,715 complaints. Slide 11 of Attachment A depicts the caseload in each complaint category and shows open cases at the end of the previous quarter, new cases opened in Quarter 3 of FY 2023-24, cases abated and closed in Quarter 3 of FY 2023-24, as well as open cases at the end of Quarter 3 of FY 2023-
24. There is a tendency to think of Code Enforcement violations as monolithic, but each violation is different, and each requires different approaches and processes to abate.
As further depicted in Table 2, below, in the Property Maintenance (blight) category, open case volumes fell by 21 percent. Open case volumes grew by 3 percent within the Building Maintenance category, while the number of open cases decreased by 13 percent in the Zoning category. Mitigating growth in open cases is an identified focus area and progress is being made, with open cases for property maintenance (blight) violations declining most precipitously.
Table 2. Growth of open cases by category
Property Maintenance
(Blight)
Building Maintenance (Minor) Zoning
Open cases declined by
21 percent in Quarter 3
from the prior quarter,
going from 3,578 open
cases to 2,846 open
cases.
In terms of abatement,
841 cases were opened
while 1,573 cases were
abated and closed.
Open cases grew by 3
percent in Quarter 3 from the
prior quarter, going from
3,376 to 3,449 open cases.
In terms of abatement, 648
new cases were opened,
while 575 cases were abated
and closed.
Open cases decreased
by 13 percent in
Quarter 3 going from
770 open cases to 672
open cases.
In terms of abatement,
226 new cases were
opened while 324
cases were abated and
closed.
While some headway has been made in filling open positions, vacancies and low staffing levels significantly contribute to the number of open cases. There are 13 Inspectors with 19 total budgeted positions. A shortage of experienced building inspectors is a national problem and continues to have a disproportionate impact on the Code Enforcement Division’s ability to manage the workload. As indicated in the last report, 3 contract Inspectors have recently been hired to assist with this workload and allow some of the Inspectors to focus on resolving complex past cases. To provide more context on staffing shortages, it was not long ago that PBD functioned with 6 Public Service Representatives (PSR) and 6 Office Assistants. At present there are no PSR and 1 Administrative Analyst. Code Enforcement currently has two vacancies for PSR and two vacancies for Administrative Assistant I.
While we continue to hire, there is a service gap that we are diligently working to close due to those vacant positions as noted under the “Staff Coordination, Training and Hiring” section of Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 3 Date: June 10, 2024 Page 6
CED Committee
July 23, 2024
this report. Adding more inspectors and more administrative staff to manage current caseloads and close out older cases is imperative in order for Code Enforcement to seriously address the existing backlog of cases. With additional staffing, we expect to significantly increase the capacity of Code Enforcement in FY 2024-25.
Along with staffing shortages, there are continuous issues with property owners who fail to respond to notices in a timely manner with the paperwork and administrative effort involved with bringing those properties into compliance being a time-consuming process. Finally, the Cybersecurity Incident of February 8, 2023, had an extended impact on Code Enforcement processes and cases. The combination of staffing issues and longer compliance timeframes, often due to reliance on other agencies and entities, results in a slowly growing backlog of blight and building maintenance cases.
To address overall backlog of open cases, we are currently hiring more administrative support staff and intend on filling the vacant inspector positions with the current open continuous recruitment. All of these open cases, as shown on Slide 11 of Attachment A, received courtesy notices or field inspections so that owners were made aware of reported issues. Internal data indicates that many of these cases are open due to having been transferred from former Inspectors, who no longer work for the City, to current Inspectors who are primarily focused on the constant addition of new cases and the administrative support and tasks that surround each case.
The recent addition of new staff and contractors have allowed more experienced staff the time to research and work toward resolving cases that were opened prior to Quarter 1 of FY 2023- 24, a substantial cross-section of total open cases.
In line with seasonal variation in the number of complaints received, complaints in Quarter 3 of FY 2023-24 increased by about 11 percent from Quarter 2 of FY 2023-24. Slide 11 of Attachment A shows that open cases were reduced by 757, or 10 percent, from the end of Quarter 2 of FY 2023-24 to the end of Quarter 3 of FY 2023-24, with which this report is concerned. With continued staffing support and a focus on resolving open cases from the past, PBD predicts a steady and consistent decline in open cases in future quarterly reports.
This initial 10 percent decline in open cases can be attributed to research conducted by Code Enforcement staff at the end of Quarter 4 of FY 2022-23. Specifically, Code Enforcement researched a sample of final dispositions on 380 Courtesy Notices that were sent to property owners during that quarter; 311 of those notices concerned Blight, 59 were for Zoning, and 10 were for Property Maintenance.
Based upon the analysis of those notices, Code Enforcement staff created a process to facilitate the resolution of hundreds of previously open cases, as evidenced by the decline in open cases, especially at the end of Quarter 3 of FY 2023-24. The process involved hiring more Inspectors and using Contract Inspectors to examine older cases and to close, update, and refer (to other departments) cases as needed. This represents a tremendous accomplishment when considering that, in line with seasonal patterns, complaints increased, and considering that slowly growing open case volumes plague Code Enforcement units all over the country. Two new inspectors, hired in January 2024, have especially helped to continue this process of Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 3 Date: June 10, 2024 Page 7
CED Committee
July 23, 2024
examining older cases and to: close, update, and refer (to other departments) cases as needed, particularly for blight cases.
Code Enforcement Fees
Slide 12 of Attachment A reflects the volume of violations that necessitated enforcement and associated fees for enforcement. As depicted in that same slide, enforcement fees collected have increased as the Code Enforcement Division’s capacity increased. Specifically, due to the two new Inspectors hired in Quarter 3 of FY 2023-24. This occurred even though the number of property owners invoiced actually declined slightly. When compliance is not obtained from property owners, fees and penalties increase in order to encourage property owners to abate code violations, as well as to cover the cost of additional inspections and concomitant administrative services.
The City recovers the administrative and logistical costs of bringing property owners into compliance via these fees, ensuring a safer and more resilient City in the process. Time spent conducting field inspections, sending letters and notices to property owners, issuing fines, and abating properties that will not otherwise come into compliance can be laborious. When fees are applied, Code Enforcement has already made attempts to communicate with the property owner and to exhaust the administrative process. It is an unfortunate reality that some property owners would not make needed changes and/or repairs without the imposition of fees and penalties. On the other hand, to protect property owners, there are statutory limits to fees, fees are assessed incrementally to gradually disincentivize inaction, and there are appeal processes in place to dispute fees and notices.
Code Enforcement Identified Trends
Below are some comparable data comparing Code Enforcement activities between Quarter 3 of FY 2023-24 and the four previous quarters, taken from Attachment A.
Trends in Complaints
Blight: Quarter 3 of FY 2023-24 (winter/early spring) features 841 blight complaints. Last year, blight complaints during Quarter 3 of FY 2022-23 were at 670, which indicates a 21 percent increase in Quarter 3 of FY 2023-24. However, Quarter 1 of FY 2023-24 and Quarter 4 of FY 2022-23 (spring and summer) had more than 1,000 blight complaints each; at 1,048 and 1,069, respectively. Consistent with patterns identified in previous reports, fall and winter feature a noticeably smaller number of blight complaints, whereas the spring and summer months correspond with more. One identified factor in this pattern is that vegetation tends to grow and overgrow in the Spring and Summer months which increases this category of reported blight.
Building Maintenance: Quarter 2 of FY 2022-23 featured the lowest number of complaints in the sample provided on Slide 4 of Attachment A. Quarter 3 of FY 2023-24, the current quarter, had 648 building maintenance complaints which is the highest number of complaints received in a quarter, as depicted, since Quarters 3 and 4 of FY 2020-21, when COVID shelter in place restrictions were in full effect. This had the effect of more building maintenance complaints than usual being reported. The number of building maintenance complaints reported in the third quarter tends to increase from the previous quarter which can be attributed to seasonal effects including leaking structures, lack of adequate heating, and mold and mildew. The “atmospheric Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 3 Date: June 10, 2024 Page 8
CED Committee
July 23, 2024
river” the bay area experienced during this time period contributed to the increased number of building maintenance complaints.
Zoning: Quarter 3 of FY 2023-24 recorded 26 more zoning complaints than the previous quarter. The average of the 17 quarters of Zoning complaint data depicted on Slide 4 of Attachment A is 220, so the number of complaints in this category for Quarter 3 are above average.
Trends in Interventions and Fees
The number of First Inspections, shown in Slides 5 and 6 of Attachment A, shows that first inspections, on the whole and on a quarterly basis, are generally trending up, as compared to the lows seen during the height of the Covid-19 pandemic; representing increases in staffing and efficiency. Since Quarter 3 of FY 2021-22, quarterly first inspections have surpassed the 888 that were recorded at that time two years ago. Of the 17 quarters represented on Slide 5, Quarter 3 of FY 2023-24 has a higher number of first inspections than all quarters except for Quarter 1 of FY 2023-24.
In terms of the first inspections re-inspections/monitoring inspections on Slide 6, Quarter 3 of FY 2023-24’s numbers of these types of inspections are higher than the previous quarter. 22 percent higher for first inspections and 11 percent higher for re-inspections/monitoring inspections. Re-inspections and monitoring inspections made up the bulk of total inspections, illustrating the robust efforts to clear the backlog of open cases.
In Slide 7 of Attachment A, the average number of business days at each point (case intake to first inspection, first inspection to NOV sent, and NOV sent to violation abatement) of the process increased from the previous quarter. The most dramatic increase between Quarter 3 of FY 2023-24and the previous quarter was the in the number of days it took between the sending of an NOV and abatement of violations. This is the last point in the process and the point at which Code Enforcement has the least control, and the property owner has the most control over case trajectory inasmuch as it is dependent on the property owner’s action. Increases in the average timeframe of the other two parts of the process were negligible and represented an increase of less than 1 day per procedural step (i.e. case intake to first inspection & first inspection to the sending of an NOV).
In looking at the assessment of Enforcement Fees on Slide 12 of Attachment A, Quarter 3 of FY 2023-24 has the highest amount of fees assessed in more than one year of quarterly data.
However, five fewer property owners were invoiced compared to the previous quarter. Quarter 3 of FY 2023-24 continues the pattern begun in previous quarters in which enforcement actions are increasing against property owners who fail to address violations in a timely manner and fail to work with Code Enforcement on extensions, compliance plans or other regulatory measures.
Key Initiatives
The bullet points that follow represent a brief discussion of the key initiatives, including methods, partnerships, technical trainings, personnel changes, and newly implemented programs and standards that will impact the Code Enforcement Division’s ability to reduce the numbers of open cases.
Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 3 Date: June 10, 2024 Page 9
CED Committee
July 23, 2024
These bullet points include programs that will increase Code Enforcement’ s caseload (in the short-term) and those that are expected to reduce the number of complaints in the future. For example, successful recruitment of new Inspectors decreases collective caseloads, while enforcing new Building Maintenance Code standards around lead-based paint are expected to increase caseloads. Nevertheless, with increased recruitment and tighter interdepartmental coordination, we remain confident that future quarterly reports will provide even lower numbers of open cases . Having more Inspectors is critical. In this regard, the Planning and Building Department remains prioritized for additional hiring support from the Human Resources Department through a continuous recruitment of candidates to fill Inspector positions. The goal is to reduce the number of vacant positions and increase staffing in Code Enforcement and generally increase departmental capacity.
Staff Coordination, Training and Hiring
o The Code Enforcement Division holds weekly internal staff meetings and facilitates a scheduled bi-weekly meeting with other City departments including OFD’s Fire Prevention Bureau, City Attorney’s Office, EWDD, and HCD to address effective and timely responses for complex cases.
o The Code Enforcement Division’s Principal Inspection Supervisor and Senior Inspectors also attend numerous topic or case specific meetings joined by the Building Official, Principal Civil Engineer, and other staff on a continuous basis to consult with the City Attorney’s Office, OPW, and other departments and divisions to clarify the action plan for compliance or escalation of enforcement depending on the issues involved.
o Code Enforcement Inspectors are also taking regular training to enhance knowledge and skills relative to their duties, such as Situational Awareness Training to deal with the harsh realities inherent with their duties. This quarter they have taken in-house trainings related to best practices for construction job sites; training on cannabis facility related mechanical, electrical, and plumbing (MEP) standards; Inspection reporting software applications; and they will also participate in California Building Officials’ week to obtain mandatory continuing education credits.
o To increase efficiency while responding to changes in staffing, Inspectors are being cross trained in other focus areas and, in some instances, have been reassigned to different units (i.e. Residential Inspections, Code Enforcement, or Commercial Inspections).
o The recruitment for Specialty Combination Inspectors to fill vacancies within the Building Bureau is now a continuous job posting until all positions are filled. Two Inspectors were hired in Quarter 3 of FY 2023-24.
o Additional continuous recruitment for the Specialty Combination Inspectors will significantly impact the Code Enforcement Division’s ability to manage current complaints and address unresolved open cases in a timely and comprehensive manner.
o At present there are no Public Service Representatives and 1 Administrative Analyst.
Recruitment for two PSR and two Administrative Assistant I positions are ongoing with Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 3 Date: June 10, 2024 Page 10
CED Committee
July 23, 2024
interviews to fill positions in the Inspection Administration section expected for next quarter. Filling these two positions will increase Code Enforcement’s capacity to close out open cases by taking some of the load off existing administrative staff.
Digital Enhancements
Inspections App: The Code Enforcement Division in collaboration with PBD Digital Division has completed development of the code enforcement inspector app, which went live on March 1, 2024. The app has since been used exclusively for all field work, and the automation has shown to reduce the time inspectors spend in the office typing notices and has allowed for gradual increases in inspection capacity as we continue to adopt the app.
It should be noted that the use of the app and creation of automated notices of violation have led the code enforcement division to discover the need for Address Parcel Owner (APO) information to have more frequent updates to ensure that any changes in legal ownership are captured in a timely manner. Currently, the contract between Accela and the City only allows for APO information to be updated quarterly. The code enforcement division needs at minimum monthly updates to comply with legal noticing requirements as per OMC15.08.110. Doing so would also reduce the number of corrections and remailing of notices that administrative staff have to undertake, thereby creating additional delays in notification.
Notwithstanding the above operating constraint, minor issues, such as incorrect routing data, auto assignments, and coordinate data have been identified and fixes are in the process of being deployed. Highlights of the Code Enforcement Inspector App are as follows:
• Reduce time spent by inspectors in the office generating Notice of Violations manually. • Ability to create an NOV instantaneously upon resulting inspection in the field. • Checklist based violation documentation based on OMC with specific violation images and corrective action for each violation identified.
• Ability to create favorites for common notes for staff to copy and paste their most used inspection results and streamlined process to easily result the inspection in the field. • Ability for emergency structural assessment responders dispatched by Oakland Fire to easily document and create cases in the field during their response.
Implementation of Recent Laws and Regulations
Code Enforcement operations are regularly impacted by the adoption of new or revised Municipal Codes or by new State or Federal laws and programs. This can lead to adjustments in how complaints are processed, how many complaints are received, the manner in which inspections are performed, and the legal requirement for prioritization, escalation, or penalties certain violations may incur. The most recent laws and programs include:
• Lead Based Paint Hazard Abatement Standards adopted into the OMC in December 2022: require all residential properties built before 1978 to obtain permits to confirm practices consistent with federal and state regulations are followed when presumed lead-based paint is disturbed due to painting and or construction activities.
• Standards for Delayed Enforcement for Accessory Dwelling Units and Joint Live/Work Quarters (JLWQ) adopted into the OMC in December 2022: when correction of Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 3 Date: June 10, 2024 Page 11
CED Committee
July 23, 2024
violations is not necessary for health and safety, this Delay of Enforcement provides properties with non-compliant spaces to obtain a five-year period to bring the property into full compliance as long as minimum health and safety regulations are in place, as required by state law.
Proactive Rental Inspection Program (PRIP): The development of the PRIP is currently being coordinated with the Equitable Lead Hazard Abatement Program (ELHAP), which will help determine how to distribute lead-based paint settlement funds across departments, including related to PRIP inspections that find lead-based paint. The ELHAP will help leverage additional funding to sustain City-County joint lead abatement efforts. For the coordination efforts, see the staff report to the Life Enrichment Committee meeting on June 25, 2024. Additionally, the Building Bureau is working on implementing AB 548, which was signed into law in October 2023. AB 548 requires whenever an inspector responds to a complaint in multi-family housing and finds that the substandard condition could possibly be affecting adjacent units or all units, then the inspector can inform the property owner that additional units need to be inspected. The Building Bureau will have internal policies and procedures in place by January 1, 2025 for the implementation of this law. Taken together, these two actions represent the first stage of practical application of a PRIP.
FISCAL IMPACT
There is no fiscal impact associated with the preparation of this Informational Report.
PUBLIC OUTREACH / INTEREST
No public outreach has been conducted for this informational report beyond the required posting to the City’s website.
COORDINATION
This report was prepared in coordination with the City Administrator’s Office and the Office of the City Attorney.
SUSTAINABLE OPPORTUNITIES
This is an informational report, so there are no actions requested of the Council. The following areas of impact and opportunity are noted for further consideration.
Economic: Code enforcement activities have economic benefits by preserving quality of life and ensuring safety for Oakland residents, business owners, and visitors.
Environmental: Code enforcement activities have environmental benefits by enforcing codes designed to protect the environment and residents from adverse environmental impacts.
Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 3 Date: June 10, 2024 Page 12
CED Committee
July 23, 2024
Race & Equity: Enforcement activities can have equity implications. For example, with the current complaint-based system, people with access to the system are more likely to submit complaints. Conversely, historically marginalized communities living in substandard conditions may be reluctant to submit complaints and may need outside assistance to make their buildings safer. With AB 548, PBD will take an incremental step towards proactive inspection to supplement the current complaint-based system to better achieve equity in safe, affordable, and healthy housing.
ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council receive an Informational Report regarding the FY 2023- 24 Quarter 3 update on the Planning and Building Department’s Code Enforcement activities.
For questions regarding this report, please contact Alain Placido, Acting Chief Building Official, at 510-238-7110.
Respectfully submitted,
WILLIAM A. GHILCHRIST
Director, Planning and Building Department
Reviewed by:
Alain Placido, Acting Deputy Director
Planning and Building Department
Sandra Smith
Management Assistant
Planning and Building Department
Prepared by:
Michael Johnson, Administrative Analyst II
Planning and Building Department
Hoang Banh, Program Analyst III
Planning and Building Department
Attachments (1):
A: Quarterly Code Enforcement Data and Statistics FY 2023-24, Quarter 3