CED Committee
September 10, 2024
AGENDA REPORT
TO: Jestin D. Johnson FROM: William A. Gilchrist,
City Administrator Director, Planning &
Building Department
SUBJECT: FY 2023-24 Quarter 4 Update on
Code Enforcement Activities
DATE: August 12, 2024
City Administrator Approval Date:
RECOMMENDATION
Staff Recommends That The City Council Receive An Informational Report Regarding The Fiscal Year 2023-24 Quarter 4 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 fourth quarter of Fiscal Year (FY) 2023-24 (April 1, 2024, through June 30, 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), Oakland Fire Department (OFD), and Oakland 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 the Code Enforcement Division 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.
This year, Code Enforcement has been a partner in the Neighborhood Enhanced Services Jestin Johnson (Aug 29, 2024 16:42 PDT)
Aug 29, 2024
Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 4 Date: August 12, 2024 Page 2
CED Committee
September 10, 2024
Team (NEST) 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 1,667 complaints each Quarter over the last 4 fiscal years. The lowest number of complaints occurred in FY 2022-23, Quarter 2, where 1,330 complaints were received and the highest number of complaints received was in the present quarter, Quarter 4 of FY 2023-24, where 2,199 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 as detailed in Attachment A, Slides 5 and 6.
Complaint Submittal and Processing
Complaints are received in various ways (via Oak311, via the Accela Online Permit Center, by phone, by 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. A site visit may then lead to the issuance of a Notice of Violation (NOV) if one or more violations of the Oakland Municipal Code are confirmed. See Slides 7 and 8 of Attachment A for the volume of first inspections from Quarter 1 of FY 2020-21 to the current quarter, Quarter 4 of FY 2023-24.
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 condition(s) reported in 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. After NOV issuance, additional inspections, referred to as “re- inspections” and “monitoring inspections” are scheduled to verify abatement of the violations.
Those re-inspections and monitoring inspections are shown on Attachment A, Slides 9 and 10.
Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 4 Date: August 12, 2024 Page 3
CED Committee
September 10, 2024
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 (when the owner does not abate the complaint by the compliance date stated on the NOV), 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 conditions as defined by OMC 15.08.340 will escalate toward an Order to Abate or to a Declaration of Substandard and Public Nuisance. These actions carry substantial assessments and consequences, such as the demolition of a structure. The temporary or permanent relocation of occupants of a structure also may become necessary when there is unpermitted construction of a residential dwelling unit; depending on the extent of the corrections needed and the impact on habitability during construction.
Receivers of an NOV are given the right to appeal the violation(s). Such appeals must be filed within 21 days (plus five extra days for mailing) from the issuance date of the NOV. See Attachment A: specifically, Slides 12 to 15 for the “Average Case Management Duration” or timeframe for abatement; Slide 16 for the “Enforcement Actions for Compliance and Abatement”; Slide 17 for “Abated/Closed Cases Reported from Quarter 4 of FY 2022-23 to Quarter 4 of FY 2023-24”; Slide 18 for “Abated/Closed Cases Distribution by year Case Opened”; and Slide 19 for “Total Open Cases” for Quarter 4 of FY 2023-24 (this slide also contains data on abated/closed cases during the same period). Finally, Slide 20 of Attachment A provides data on “Enforcement Fees Assessed” to gain compliance from Quarter 4 of FY 2022-23 to Quarter 4 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 concept holds true with graffiti and other issues on public property. Following is a discussion of Code Enforcement categories as they concern reportable violations upon 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 Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 4 Date: August 12, 2024 Page 4
CED Committee
September 10, 2024
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 NOV. As mentioned above, illegal dumping of items on the street and sidewalk is commonly reported to the Code Enforcement Division of PBD, but it falls under the enforcement responsibility of OPW. In those instances, 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, in descending order, by the frequency with which they are reported.
Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 4 Date: August 12, 2024 Page 5
CED Committee
September 10, 2024
Table 1. Types of complaints by category*
Property Maintenance (Blight)
(OMC 8.24)
Building Maintenance
(OMC 15.08)
(Minor) Zoning
(OMC Title 17)
1. Trash / Debris (1,465) 1. Mold (607) 1. Business in
residential zone
(269)
2. Graffiti (1,224) 2. Unpermitted work
(575)
2. Construction noise
outside of permitted
hours (130)
3. Overgrown vegetation
(624)
3. Lack of adequate
heat (400)
3. Equipment setback
(120)
4. Trash and recycling bins
left curbside past
collection day (530)
4. Electrical (399) 4. Fencing height,
other (44)
5. Use of gas-powered leaf
blower (99)
5. Plumbing (318) 5. Livestock, e.g.
rooster (30)
* values reported in parentheses for each element within each category reflect a FY 2023-24 total.
Abatement and Case Clearance Issues
During FY 2023-24 Quarter 4, Code Enforcement received 2,199 complaints. Slide 19 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 4 of FY 2023-24, cases abated and closed in Quarter 4 of FY 2023-24, as well as open cases at the end of Quarter 4 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 grew by 9 percent. Open case volumes grew by 2 percent within the Building Maintenance category, while the number of open cases increased by 10 percent in the Zoning category. Mitigating growth in open cases is an identified focus area for the Code Enforcement Division.
Table 2. Growth of open cases by category
Property Maintenance
(Blight)
Building Maintenance (Minor) Zoning
Open cases increased by
9 percent in Quarter 4 from
the prior quarter, going
from 2,846 open cases to
3,099 open cases.
In terms of abatement,
1,202 cases were opened
Open cases increased by
2 percent in Quarter 4 from
the prior quarter, going
from 3,449 open cases to
3,499 open cases.
In terms of abatement, 648
new cases were opened,
Open cases increased by 10
percent in Quarter 4 going
from 672 open cases to 744
open cases.
In terms of abatement, 349
new cases were opened
Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 4 Date: August 12, 2024 Page 6
CED Committee
September 10, 2024
while 949 cases were
abated and closed.
while 598 cases were
abated and closed.
while 277 cases were abated
and closed.
This year, Quarter 4 of 2023-24 had a number of complaints that was 23 percent higher than the number of complaints received in Quarter 3 of FY 2023-24. Despite the increase in open cases this quarter, the Code Enforcement Division was able to complete courtesy notices or field inspections for all the open cases, as shown on Slide 19 of Attachment A. In addition, because the Code Enforcement Division was able to reduce growth in open cases from Quarter 2 to Quarter 3, the division is well positioned to take advantage in an anticipated reduction in complaints during the fall and winter months to make more headway in reducing open case volumes. However, it is simply more difficult to reduce open case volumes when complaints increase by more than a third over 6 months while staffing levels remain constant.
Along with staffing shortages, there are continuous issues with property owners who fail to respond to notices in a timely manner; as a result, the paperwork and administrative effort involved with bringing those properties into compliance being a time-consuming process. The combination of staffing shortage and delayed property-owner compliance results in a slowly growing backlog of blight, building maintenance, and, to a lesser extent, zoning cases.
To address the existing backlog of cases, it is imperative to add more inspectors and administrative staff to manage current caseloads and close out older cases. See the “Staff Coordination, Training and Hiring” section of this report for more information on current hiring.
Additionally, the continued use of contractors has allowed more experienced staff the time to research and work toward resolving open cases. See the section of the report “Annual and Retrospective Trends in Inspections and Fees” for more trend analysis.
Code Enforcement Fees
Slide 20 of Attachment A reflects the volume of violations that necessitated enforcement and associated fees. 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 last quarter. Every category related to fees and penalties has just about doubled in Quarter 4 of FY 2023-24 when compared to Quarter 4 of FY 2022-23. That doubling includes:
the number of cases invoiced, the fees (including bonds) collected, and bonds for compliance plans. When compliance is not obtained from property owners, fees and penalties increase and accumulate 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 formal appeal processes in place to dispute fees and notices.
Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 4 Date: August 12, 2024 Page 7
CED Committee
September 10, 2024
Code Enforcement Identified Trends
Below is a retrospective analysis of Code Enforcement activities during the four quarters of FY 2023-24, taken from Attachment A, Slides 21 to 25.
Annual and Retrospective Trends in Complaints
Overall, for FY 2023-24, the Code Enforcement Division received 7,365 complaints in total, which is over 1,000 more complaints than were received in FY 2022-23.
Blight:
Blight-related complaints constituted the largest increase in the number of complaints. There was a total of 3,918 blight complaints, which was an annual increase of 471 complaints over the previous year. This represents a 13 percent year-over-year increase.
Building Maintenance:
The increase in the number of Building Maintenance complaints was nearly as large as the increase in blight complaints, with an increase of 454 complaints over last year. The total number of Building Maintenance cases was 2,399. This represents the largest percentage increase with a 19 percent increase, year-over-year.
Zoning:
There were 92 more Zoning-related complaints than in the previous year. This represents the smallest increase in the number of complaints year-over-year, as well as the smallest percentage increase in the number of complaints when compared to last year, at 9 percent.
Annual and Retrospective Trends in Inspections and Fees
Inspections:
First inspections increased for every category when compared to the previous year and have climbed every quarter this year since Quarter 2. There was a total of 4,935 First Inspections this year, which represented a 22 percent increase over the prior year. Slide 22 of Attachment A illustrates a steady increase, in each violation category, in the number of first inspections since FY 2020-21.
When compared to FY 2022-23, re-inspections and monitoring inspections experienced the largest percentage increase, year-over-year in FY 2023-24: a 43 percent increase. Each violation category received between 40 and 50 percent increases in the number of first inspections or monitoring inspections conducted during this year. See Slide 23 of Attachment A to see the dramatic increase in the number of these inspections conducted over the past four fiscal years.
While the increase in first inspections, re-inspections, and monitoring inspections over the last several years is laudable, quarters in which the Code Enforcement Division receives a higher than usual number of complaints can still result in a slowly growing number of open cases as Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 4 Date: August 12, 2024 Page 8
CED Committee
September 10, 2024
can be seen in the Quarter 4 numbers of open cases on Slides 19 and 24 of Attachment A.
However, one positive trend identified during FY 2023-24 is a gradual increase in the number of abated and closed cases, highlighted on Slides 17 and 18 of Attachment A. One other notable milestone achieved this year is the fact that 82.7 percent of abated and closed cases had been opened in this same year. On a related note, Quarters 3 and 4 of FY 2023-24 had the highest numbers of abated and closed cases as compared to Quarters 1 and 2, which seems to indicate the realization of increased efficiency and capacity due to newer processes and increased staffing.
Invoicing and Fees:
Eight-hundred eleven (811) cases had been invoiced in FY 2022-23 in order to induce property owners to abate code violations. In FY 2023-24, 1,313 cases were invoiced, ensuring that the costs of cleaning and rehabilitating those properties that generate public complaints are borne by non-responsive property owners who choose not to appeal the violation notices that they receive beforehand.
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.
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 I nspectors 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 show a gradual decline in the number 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.
Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 4 Date: August 12, 2024 Page 9
CED Committee
September 10, 2024
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.
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. There was no change in the number of Inspectors in Quarter 4.
o At present there is one Senior Public Service Representative and 1 Administrative Analyst. In the next quarter, two Administrative Assistant I positions will be filled in the Inspection Administration section. 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.
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 this operating constraint, minor issues, such as incorrect routing data, auto assignments, and coordinate data have been identified which are being corrected. Highlights of the Code Enforcement Inspector App include:
• Reduced 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.
Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 4 Date: August 12, 2024 Page 10
CED Committee
September 10, 2024
• 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. The adoption of superseding jurisdictional laws can lead to adjustments in how complaints may b e legally processed, how complaints are categorized, the manner in which inspections are performed, and the l egal requirement for prioritization, escalation, or penalties for certain violations. The most recent laws and programs include:
• AB 548, which was signed into law October 2023.
• 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 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 being coordinated with the Equitable Lead Hazard Abatement Program (ELHAP), which will guide 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 implementing AB 548, which 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. Taken together, these two actions represent the first stage of practical initial implementation of a PRIP.
FISCAL IMPACT
There is no fiscal impact associated with the preparation of this Informational Report.
Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 4 Date: August 12, 2024 Page 11
CED Committee
September 10, 2024
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.
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 4 update on the Planning and Building Department’s Code Enforcement activities.
Jestin D. Johnson, City Administrator
Subject: Code Enforcement Quarterly Report: FY 2023-24, Quarter 4 Date: August 12, 2024 Page 12
CED Committee
September 10, 2024
For questions regarding this report, please contact Alain Placido, Acting Chief Building Official, at 510-238-7110.
Respectfully submitted,
WILLIAM A. GILCHRIST
Director, Planning and Building Department
Reviewed by:
Alain Placido, Acting Deputy Director
Planning and Building Department
Reviewed by:
Sandra Smith, Management Assistant
Planning and Building Department
Prepared by:
Michael Johnson, Administrative Analyst II
Planning and Building Department
Prepared by:
Hoang Banh, Program Analyst III
Planning and Building Department
Attachments (1):
A: Quarterly Code Enforcement Data and Statistics FY 2023-24, Quarter 4
Attachment A
Code Enforcement Quarterly Report:
Quarter 4 of FY 2023-24
April to June 2024
Alain Placido
Acting Building Official
Planning and Building Dept
City of Oakland 2
• Complaints Received Quarterly, by Category
• First Inspections and Follow-Up Inspections
Quarterly, by Category
• Case Management Duration (FY 23-24 Quarter 4)
• Enforcement Actions (FY 23-24 Quarter 4)
• 1 Year of Data on Abated/Closed Cases
• Total Open Cases at the End of Quarter 4
• 1 Year of Data on Enforcement Fees Assessed
Contents
City of Oakland 3
• Complaints Received Yearly, by Category
• First Inspections and Follow-Up Inspections
Yearly, by Category
• Total Open Cases at the End of Each Fiscal Year
• Cases Invoiced for Enforcement Fees, Yearly
• Additional Online Resources
Contents
City of Oakland 4
Top Complaints by Category
Blight / Property
Maintenance
[OMC 8.24]
Housing
Maintenance
[OMC 15.08]
Zoning
[OMC Title 17]
1. Trash / Debris (1,465) 1. Mold (607) 1. Business in residential zone (269)
2. Graffiti (1,224) 2. Unpermitted work (575)
2. Construction noise
outside of permitted hours
(130)
3. Overgrown vegetation
(624)
3. Lack of adequate heat
(400) 3. Equipment setback (120)
4. Trash/recycle bins left
curbside past collection day
(530)
4. Electrical (399) 4. Fencing height, other
(44)
5. Use of gas-powered leaf
blower / trimmer (99) 5. Plumbing (318)
5. Livestock, e.g. Rooster
(30)
City of Oakland 5
Complaints Received by Category
FY 21 – FY 22
City of Oakland 6
Complaints Received by Category
FY 23 – FY 24
* Minimum and Maximum
City of Oakland 7
First Inspections
FY 21 – FY 22
* Minimum
City of Oakland 8
First Inspections
FY 23 – FY 24
* Maximum
City of Oakland 9
Re-inspections and Monitoring Inspections
FY 21 – FY 22
* Minimum
City of Oakland 10
Re-inspections and Monitoring Inspections
FY 23 – FY 24
* Maximum
City of Oakland 11
Enforcement
Category
Blighted
Property
(Including
graffiti)
Housing
Maintenance
Zoning
(Including
Noise)
Total
First
Inspections 582 564 148 1,294
Re-Inspections
and Monitoring
Inspections
1,008 2,327 309 3,644
Total
Inspections 1,590 2,891 457 4,938
Inspections (site visits)
Q4 Apr – Jun 2024
City of Oakland 12
Case Management Duration
Q4 Apr – Jun 2024
Average time from complaint intake, first inspection, NOV, to violation abatement within the quarter:
33.6 Business Days
ABATEMENTCASE
INTAKE
FIRST
INSPECTION
NOTICE OF
VIOLATION
SENT
4.3 Days 3.8 Days 25.4 Days
This compares to 33.2 Business Days for Q3
City of Oakland 13
Blight Case Management Duration
Q4 Apr – Jun 2024
Average time from complaint intake, first inspection, NOV, to violation abatement within the quarter:
32.8 Business Days
ABATEMENTCASE
INTAKE
FIRST
INSPECTION
NOTICE OF
VIOLATION
SENT
4.8 Days 3.4 Days 24.6 Days
This compares to 31.4 Business Days for Q3
City of Oakland 14
Housing Case Management Duration
Q4 Apr – Jun 2024
Average time from complaint intake, first inspection, NOV, to violation abatement within the quarter:
34.7 Business Days
ABATEMENTCASE
INTAKE
FIRST
INSPECTION
NOTICE OF
VIOLATION
SENT
3.4 Days 4.6 Days 26.7 Days
This compares to 37.8 Business Days for Q3
City of Oakland 15
Zoning Case Management Duration
Q4 Apr – Jun 2024
Average time from complaint intake, first inspection, NOV, to violation abatement within the quarter:
37 Business Days
ABATEMENTCASE
INTAKE
FIRST
INSPECTION
NOTICE OF
VIOLATION
SENT
4.3 Days 4.3 Days 28.3 Days
This compares to 37.5 Business Days for Q3
City of Oakland 16
Enforcement
Action Definition Cases
Clean-up
Contract
An agreement with the owner agreeing to pay
the cost of City-facilitated clean-up. 1
Notice of
Repeat
Violation
The same or similar violation has been verified
within 24 months. 5
Stop Work
Order Stops unpermitted work or work beyond scope 68
Compliance
Plan Plan made with owner about fees and Abatement 4
Enforcement Actions for Compliance or Abatement
Q4 Apr – Jun 2024
City of Oakland 17
Abated & Closed*
FY 23 Q4 – FY 24 Q4
*Includes non-actionable (sent to other agencies)
and referred cases (multiple complaints)
City of Oakland 18
Abated & Closed
Q4 Apr – June 2024
1 0.1%
3 0.2%
1 0.1%
4 0.2%
1 0.1%
2 0.1%
2 0.1%
2 0.1%
2 0.1%
2 0.1%
3 0.2%
2 0.1%
4 0.2%
3 0.2%
9 0.5%
8 0.4%
14 0.8%
20 1.1%
11 0.6%
62 3.4%
159
8.7%
1,509
82.7%
FY
98 FY
99 FY
00 FY
01 FY
02 FY
04 FY
05 FY
06 FY
07 FY
10 FY
11 FY
13 FY
15 FY
16 FY
17 FY
18 FY
19 FY
20 FY
21 FY
22 FY
23 FY
24 Distribution by Year Case Opened
This compares to 53% for Q3
City of Oakland 19
Type
Open
Cases
Previous
Quarter
New
Cases
Current
Quarter
Abated
and
Closed
Open
Cases
End of
Quarter
Blight 2,846 1,202 949 3,099
Maintenance 3,449 648 598 3,499
Zoning 672 349 277 744
Total 6,967 2,199 1,824 7,342
Total Open Cases
Q4 Apr – June 2024
City of Oakland 20
Enforcement Fees Assessed
Quarter Cases
Invoiced
Fees
(Includes
Bonds)
Bonds for
Compliance
Plan
FY24 Q4 457 $552,938 $20,000
FY24 Q3 294 $451,803 $24,000
FY24 Q2 299 $390,741 $17,500
FY24 Q1 263 $351,531 $30,500
FY23 Q4 216 $273,694 $9,000
FY 23 Q4 – FY 24 Q4
City of Oakland 21
Complaints Received by Category
FY 21 to FY 24
* Minimum and Maximum
City of Oakland 22
First Inspections
FY 21 to FY 24
* Minimum and Maximum
City of Oakland 23
Re-inspections and Monitoring Inspections
FY 21 – FY 24
* Minimum and Maximum
City of Oakland 24
Total Open Cases
FY 21 to FY 24
* Minimum and Maximum
City of Oakland 25
Cases Invoiced for Enforcement Fees
FY 21 – FY 24
Quarter FY 20-21 FY 21-22 FY 22-23 FY 23-24
Q1 92 144 194 263
Q2 306 157 235 299
Q3 25 116 166 294
Q4 99 154 216 457
TOTAL 522 571 811 1,313
City of Oakland 26
• Notice of Violations available to public at
https://aca.accela.com/OAKLAND/Cap/CapH
ome.aspx?module=Enforcement&TabName=
Enforcement
• Previous Code Enforcement Reports are
available at
https://www.oaklandca.gov/documents/city-
of-oakland-quarterly-building-code-
enforcement-reports
Additional Information