POINT ARENA CITY COUNCIL
AGENDA ITEM SUMMARY
AGENDA ITEM: VIII C
MEETING DATE: 01/28/2024
TITLE
Point Arena Code Enforcement Activities
RECOMMENDED ACTION
Receive Report and Direct Staff Regarding Code Enforcement Activities
ANALYSIS
Code enforcement has been an ongoing challenge for the City over the past 10 years. In 2015, the City Council approved a resolution authorizing $5,000 toward a contract consultant for code enforcement, but the agreement was not finalized. The City requested the County to provide code enforcement for Point Arena but they were not able to fulfill that role due to an already full caseload.
In late 2016, the City Manager held several discussions with Trent Taylor, who was then hired by the Point Arena City Council under a $5,000 consulting contract with Taylor Code Consulting Inc. for code enforcement services. Mr. Taylor provided these services for less than a year before ending his contract with the City.
Starting in 2021, SHN, the City’s contracted engineering and planning firm, provided sporadic code enforcement services. However, as the City’s financial situation worsened, SHN’s hourly rate of $130 became too costly. As a result, SHN canceled its contract with the City in late 2023.
As this history shows, code enforcement has been inconsistent over the past few years.
The primary challenge has been finding qualified staff at a reasonable cost to the City.
While the City can fund code enforcement through its law enforcement COPPS grant, most of that funding is already allocated to County Sheriff services If the City Council wishes to implement more effective code enforcement, staff will need to conduct a comprehensive review of the program. Code enforcement activities should be carried out in a timely and cost-efficient manner, leading to the cleanup of properties with significant code violations. Interim City Manager Ducey is currently reaching out to professional colleagues with code enforcement experience and reviewing the requirements for the City’s law enforcement grant.
It is recommended that the City Council provide input to staff regarding their concerns and ideas regarding code enforcement and direct staff to bring a more comprehensive program proposal back to Council within 60 days.
FISCAL IMPACT
Currently undetermined.
ATTACHMENTS
1. Point Arena Municipal Code Chapter 8.05 Nuisance Abatement
2. Attachment II: City of Fort Bragg Fort Bragg Code Enforcement Program Guidelines
CITY MANAGER SIGNATURE
_________________________________
Peggy Ducey, Interim City Manager
CHAPTER 8.05
NUISANCE ABATEMENT
Note: Prior ordinance history: Ords. 18 and 169.
§ 8.05.010. Purpose.
It is hereby declared to be in the public interest to promote the health, safety and welfare of the residents of the city of Point Arena by providing procedures for the abatement of nuisances as declared by the city council, which abatement procedures shall be in addition to all other proceedings otherwise authorized by law.
(Ord. 224 § 1, 2015.)
§ 8.05.020. Declaration of nuisances.
It is unlawful and shall be declared a nuisance for any person owning, leasing, occupying or having charge or possession of any real property and any vehicles in the city to maintain such property in such manner that any of the following conditions are present:
(1) Buildings and/or building exteriors, which are abandoned, partially destroyed, or left in an unreasonable state of partial construction or disrepair; (2) The accumulation of dirt, litter, or debris in vestibules, doorways, or the adjoining sidewalks, passages, or breezeways of a building;
(3) Properties which are the source of dirt, litter or debris which may be transmitted to or accumulate on adjacent properties, sidewalks, passages, or streets; (4) Used or damaged lumber, junk, trash, debris, salvage materials and abandoned, discarded or unused furniture, stoves, toilets, cabinets, or other household fixtures or equipment stored so as to be visible at ground level from a public street, alley or from adjoining property, except nothing herein shall preclude the placement of stacked firewood for use on the premises; (5) Attractive nuisances dangerous to children and other persons, including but not limited to abandoned, broken, or neglected house appliances, equipment and machinery, hazardous pools, ponds, excavations;
(6) Buildings which are, or have become, unsafe or structurally unsound for any reason; (7) Maintenance of property in such condition of deterioration or disrepair that the same causes depreciation of the value of surrounding property or is materially detrimental to nearby properties;
(8) Automobiles which are abandoned, inoperative or left in a state of disrepair for a period of more than 30 days;
(9) Maintenance of property in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480;
City of Point Arena, CA
§ 8.05.010 § 8.05.020
Downloaded from https://ecode360.com/PO4990 on 2025-01-23
ATTACHMENT I
(Ord. 224 § 1, 2015.)
§ 8.05.030. "Owner" defined.
The terms "owner" and "property owner" as used in this chapter, shall mean the owner or owners of record of real property as shown on the latest equalized assessment roll of Mendocino County or the supplemental roll, whichever is more current.
(Ord. 224 § 1, 2015.)
§ 8.05.040. Responsibility for property maintenance.
(10) Dead, decayed, diseased or hazardous trees, weeds, overgrown vegetation which is likely to harbor rats, vermin, or constitute a fire hazard or an unsightly appearance, or is detrimental to neighboring properties' values;
(11) Any wall, fence, or hedge maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property or to cause depreciation in the value of any adjacent or nearby property;
(12) Any property with pooled oil accumulation, oil flowing onto public rights-of-way or adjacent property or likely to contaminate groundwater, or excessive accumulations of grease or oil on paved surfaces, buildings, walls, or fences;
(13) Any front yard areas which are maintained in such a manner as to cause excessive dust, the accumulation of debris thereon, or such conditions that cause depreciated value of adjacent properties in the neighborhood;
(14) The keeping, storage, depositing or accumulation on the premises for an unreasonable period of time of dirt, sand, gravel, concrete, or other similar materials, which manner of keeping, storage, depositing, or accumulation constitutes visual blight or reduces the aesthetic appearance of the neighborhood to an extent detrimental to nearby property or to property values;
(15) Any alteration of land, the topography or configuration of which in any manmade state, whether as a result of grading operations, excavations, fill or other alteration, interferes with the established drainage pattern over the property or from adjoining or other property which does or may result in erosion, subsidence or surface water drainage problems of such magnitude as to be injurious to public health, safety and welfare or any real property; or (16) Any other condition which is contrary to the public peace, health and safety or that violates any local, state or federal laws.
(1) Every owner of real property within the city is required to maintain such property in a manner so as not to violate the provisions of this chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.
The violation of this chapter constitutes a misdemeanor. (2) Every occupant, lessee, tenant, or holder of any interest in real property, other than the owner thereof, who has assumed responsibility for the maintenance of such property under the terms of an oral or written lease, rental agreement, or other contractual arrangement and to the extent of that legal responsibility, shall maintain the property in a manner so as not to violate City of Point Arena, CA
§ 8.05.020 § 8.05.040
Downloaded from https://ecode360.com/PO4990 on 2025-01-23 (Ord. 224 § 1, 2015.)
§ 8.05.050. Summary abatement.
(Ord. 224 § 1, 2015.)
§ 8.05.060. Determination of nuisance.
(Ord. 224 § 1, 2015.)
§ 8.05.070. Method of giving notice.
Any notice required by this chapter may be served in any one of the following methods:
the provisions of this chapter.
(1) Whenever any condition on or use of property causes or constitutes, or reasonably appears to cause or constitute, an imminent or immediate danger to the health and safety of the public, the condition or use may be summarily abated by the city without notice or hearing. (2) When summary abatement is necessary, it shall be ordered only by the city manager or the person performing the duties of the city manager in his or her absence. Prior to entry onto the property and summary abatement the city attorney shall obtain an inspection warrant pursuant to Code of Civil Procedure.
(3) Summary abatement shall be limited to those actions necessary to eliminate the immediate threat to the public safety. Notice of the summary abatement shall be provided to the owner and any other responsible party, as soon as practical.
(4) The cost and expense of a summary abatement shall be made a lien or a special assessment on the property and shall be collected pursuant to procedures in Sections 8.05.110 and
8.05.120.
(1) The city manager or the city's code compliance officer may determine that any premises or property within the city constitutes a public nuisance pursuant to any provisions of this code and may initiate abatement proceedings pursuant to this chapter. The code compliance officer shall set forth such determination in a notice and order to abate which shall identify the premises or property and state the condition or conditions which may constitute the nuisance and shall require that such conditions be corrected within such time period set forth in the notice and order to abate.
(2) The notice and order to abate to the owner or person in control or charge of the property shall include: (a) the specific condition or conditions on the premises creating the nuisance; (b) the description of the actions required to abate the nuisance; (c) a reasonable time limit to abate the nuisance; and (d) notice of the right to appeal, if filed within 10 calendar days of the date the notice is served. The notice shall direct the abatement of the nuisance and refer to this chapter for particulars.
(3) Failure of the owner to accept or otherwise receive such notice shall not affect the validity of any proceeding pursuant to this chapter, except as otherwise required by law. (1) By personal service on the owner, occupant or person in charge or control of the property.
Notice is deemed given upon receipt.
City of Point Arena, CA
§ 8.05.040 § 8.05.070
Downloaded from https://ecode360.com/PO4990 on 2025-01-23 (Ord. 224 § 1, 2015.)
§ 8.05.080. Appeal.
(Ord. 224 § 1, 2015.)
§ 8.05.090. Abatement by city.
The violator must abate the nuisance within the time period set forth in the notice and order to abate, or in the case of an appeal, within 10 days from the finding of the hearing officer or such longer period as may be determined by the hearing officer. If the nuisance is not abated as ordered within the abatement period, the city by its employees or any hired contractor, may cause the nuisance to be abated. All costs abating the nuisance shall be billed to the owner. The code compliance officer shall cause a report of the abatement and an accurate account of the costs to be (2) If the owner cannot be located in the exercise of reasonable diligence, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation within the city pursuant toGovernment Code Section 6062. Notice is deemed given at the expiration of the time required for posting and publication.
(3) By mailing the notice by first class U.S. mail to the address shown on the last available assessment roll, or as otherwise known. Notice is deemed give 48 hours after deposit in the U.S. mail.
(1) Within 10 days from the date of giving notice to abate, the violator may file an appeal of the determination of the nuisance with the city manager. Such appeal shall be in writing and shall identify the property subject to the notice and order to abate. The city manager shall then cause the matter to be set for hearing before a hearing officer appointed by the city to hear such matters. The hearing officer shall be qualified by training, education or experience to conduct the hearing and shall be impartial. He or she shall have no personal or business relationship to the property owner or the city.
(2) Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than 15 days from the date when notice of the hearing is given to the appellant and to the code compliance officer.
(3) At the time fixed in the notice, the hearing officer shall receive evidence, including the testimony of all individuals with personal knowledge of the specific circumstances the condition constituting a nuisance. The traditional rules of evidence shall not apply to the hearing.
(4) At the conclusion of the hearing, the hearing officer shall determine whether or not a nuisance exists, and if the hearing officer so concludes, he or she may declare the condition existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within 10 days after the date of posting on the premises a notice of the hearing officer's order. The hearing officer may grant additional time to abate the nuisance, if in his or her opinion, good cause for additional time exists. (5) The decision of the hearing officer on the determination is final. Any appeal of the hearing officer's decision shall be governed by the California Code of Civil Procedure.
City of Point Arena, CA
§ 8.05.070 § 8.05.090
Downloaded from https://ecode360.com/PO4990 on 2025-01-23 filed with the city manager. The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in Section 8.05.100 of this code. If the cost is not protested within 10 calendar days after service, it shall be deemed final. (Ord. 224 § 1, 2015.)
§ 8.05.100. Protest of abatement costs.
(Ord. 224 § 1, 2015.)
§ 8.05.110. Recovery of attorneys' fees and report of attorneys' fees.
In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party shall be entitled to recovery of attorneys' fees. The recovery of attorneys' fees by the prevailing party shall be limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees.
In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city. The city attorney shall cause a report of the action and an accurate account of costs to be filed with the city manager.
(Ord. 224 § 1, 2015.)
§ 8.05.120. Assessment lien.
(1) A property owner may protest the cost of abatement by filing a written request for a hearing on the abatement costs with the city manager. The city manager shall cause a hearing officer to be appointed to hear the protest. At the time fixed for the hearing on the statement of abatement costs, the hearing officer shall consider the statement and protests or objections raised by the person liable to be assessed for the cost of abatement. (2) The hearing officer may revise, correct or modify the statement as the hearing officer considers just and thereafter shall confirm the cost.
(3) The decision of the hearing officer shall be in writing and shall be served by mail. The decision of the hearing officer on the abatement costs shall be final. (4) Any appeal of the hearing officer's decision shall be governed by the California Code of Civil Procedure.
(1) If the property owner does not pay the cost of abating the nuisance within 30 days, the total cost for abating such nuisance, shall constitute a special assessment against the respective lot or parcel of land to which it relates. The assessment shall continue until it is paid, together with the interest at the legal maximum rate computed from the date of confirmation of the statement until payment. The assessment may be collected at the same time and in the same manner as ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for property taxes. (2) The city council shall adopt a resolution assessing such unpaid costs of abatement as liens upon the respective parcels of land as they are shown upon the last available assessment role.
The city manager shall prepare and file with the county auditor a certified copy of the resolution of the city council assessing the costs of abatement as a lien on the land, adopted City of Point Arena, CA
§ 8.05.090 § 8.05.120
Downloaded from https://ecode360.com/PO4990 on 2025-01-23 (Ord. 224 § 1, 2015.)
§ 8.05.130. Nuisance abatement lien.
(Ord. 224 § 1, 2015.)
§ 8.05.140. Alternative actions available.
Nothing in this chapter shall be deemed to prevent the city manager or the city council from ordering the commencement of a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to them under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property, in addition to or as alternatives to the proceedings herein set forth.
(Ord. 224 § 1, 2015.)
§ 8.05.150. Violations.
It is unlawful for any person to refuse to allow any duly authorized officer, employee, agent or contractor of the city to enter upon any premises for the purposes of abating the public nuisance as authorized herein or to interfere in any manner whatsoever with such officer, employee, agent or contractor. Any violation of this section shall be deemed to be a misdemeanor. (Ord. 224 § 1, 2015.)
§ 8.05.160. Imposition of administrative penalties.
pursuant to this code. Notice of the lien shall be mailed by certified mail to the property owner. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.
(1) As an alternative to imposing the cost of abatement as a special assessment against the property, the city may choose instead to collect the cost of abatement by a nuisance abatement lien in accordance with the provisions of this section. (2) The city manager may cause a nuisance abatement lien for costs related to abatements to be recorded with the Mendocino County recorder's office, in accordance with the procedures specified in Government Code Section 38773.1. The city shall notify the owner of record prior to recordation of the lien. The notice shall be served in the same manner as a summons in a civil action in accordance with the CaliforniaCode of Civil Procedure. (3) After recording in the county recorder's office, a nuisance abatement lien imposed pursuant to this section, shall have the force, effect and priority of a judgment lien. (1) In addition, to any other remedies provided by law, there is hereby imposed the following civil penalties for each violation of this chapter, as imposed by the code compliance officer:
(a) No less than $25.00 per day and no more than $100.00 per day for the first violation; no less than $100.00 per day and no more than $200.00 per day for a second violation of the same section within one year; and not less than $200.000 and no more than $500.00 per day for each additional violation of the same section within one year for each day that the violation exists after the date of notice of violation through to its abatement by City of Point Arena, CA
§ 8.05.120 § 8.05.160
Downloaded from https://ecode360.com/PO4990 on 2025-01-23 (Ord. 224 § 1, 2015.)
§ 8.05.170. Severability.
The provisions of this chapter are separate and severable. If any provision of this chapter is for any reason held by a court to be unconstitutional or invalid, such invalidity shall not affect other provisions or application of this chapter which can be given effect without the invalid provisions. (Ord. 224 § 1, 2015.)
whatever means.
(b) The code compliance officer shall have the sole and exclusive discretion to set the amounts of civil penalties within the ranges set forth in this section. The code compliance officer may rely on the county of Mendocino's policy setting forth how civil penalties within the ranges as determined.
(c) At the discretion of the code compliance officer, or upon appeal of the property owner, the determination may be referred to a hearing officer, duly appointed to hear such matters. The hearing officer's determination as to the amount of the penalties properly imposed under this section shall be final, subject only to judicial review. (2) The charges imposed by this section shall not apply if the property owner establishes all of the following: (a) that, at the time he or she acquired the property, a violation of this section already existed on the property; (b) the property owner did not have actual or constructive notice of the existence of that violation; and (c) within 30 days after the mailing of notice of the existence of that violation, the property owner initiates and pursues, with due diligence, good faith efforts as determined by the city manager or the enforcement officer, to meet the requirements of this code.
City of Point Arena, CA
§ 8.05.160 § 8.05.170
Downloaded from https://ecode360.com/PO4990 on 2025-01-23 1 | P a g e
CITYOF FORT BRAGG
CODE ENFORCEMENT PROGRAM
PROGRAM GUIDELINES
Adopted:
ATTACHMENT 2
2 | P a g e
Code Enforcement Program Requirements
Overview
Code enforcement is an allowable activity under HUD’s CDBG Program as provided for in Section 570.202(c) of CDBG regulations as follows:
570.202(c) Code enforcement. Costs incurred for inspection for code violations and enforcement codes (e.g., salaries and related expenses of code enforcement inspectors and legal proceedings, but not including the cost of correcting the violations) in deteriorating or deteriorated areas when such enforcement together with public or private improvements, rehabilitation, or services to be provided may be expected to arrest the decline of the area.
The following outlines policies and procedures to ensure compliance with Section 570.202(c) of the CDBG regulations.
Eligible Uses of Funds
1. CDBG funds may be used for Code Enforcement activities in primarily residential areas with deteriorating or deteriorated conditions where such enforcement, together with public or private improvements, rehabilitation, or services may be expected to arrest the decline of the area and benefit low to moderate income persons/households. (The City of Fort Bragg does not have identified public funds available for rehabilitation through this program.)
2. The Program will emphasize health and safety issues identified with buildings and structures on residential properties. Other property maintenance issues such as overgrown yards, abandoned and inappropriately parked vehicles, etc. may be addressed in conjunction with code enforcement efforts involving buildings and structures located on same property.
3. Eligible costs for code enforcement funded by CDBG are limited to activities within the Program areas only and include the following:
a. Salaries of staff conducting inspections and performing follow-up necessary to ensure compliance by responsible parties.
3 | P a g e
b. Procurement of outside code enforcement inspection specialists/companies to perform code inspections.
c. Legal costs of enforcing compliance including but not limited to City Attorney fees, litigation or mediation expenses, administrative hearings, and/or court costs as warranted.
d. Cost of processing and issuing citations and collection and processing of fines assessed.
Ineligible Uses of Funds
1. The costs associated with inspections for the purpose of processing applications for rehabilitation assistance and overseeing such rehabilitation.
2. The costs associated with correcting code violations identified during inspections.
3. Any use not expressly listed above as an eligible use of CDBG funds.
Program Area
The Program area is the city limits of the City of Fort Bragg. The City of Fort Bragg qualifies as a CDBG Low-to-Moderate Income Area (LMA) with a population of more than 51% or residents being Low-to-Moderate income.
4 | P a g e
Table of Contents
I. PURPOSE OF PROGRAM
II. INITIALIZING COMPLAINTS
A. Complaints Received
B. Proactive Inspections
C. Directive Enforcement
III. PRIORITY RATING OF COMPLAINTS AND DESCRIPTIONS
IV. IDENTIFYING VIOLATIONS
A. Violations in Public View
B. Violations Not in Public View
V. NOTIFICATION OF COMPLAINTS/VIOLATIONS
A. First Contact - Courtesy Notice
B. Second Contact- Notice To Comply
C. Compliance Timeline
D. Nature/Tone of Notices
E. Continuing Attempts to Gain Voluntary Compliance
VI. GAINING COMPLIANCE
A. Code Enforcement Fines
B. Misdemeanors
C. Nuisance Abatement
D. Reasonable Compliance
E. Notice of Noncompliance
VII. ABATEMENT PROCEDURES
A. Nuisance Abatement Ordinance
B. Authorization to Abate Nuisances
C. Procedures for Abatement of Nuisances
VIII. COST RECOVERY
A. Administrative Fees
B. Investigation Fees
C. Abatement Costs
D. Other Means
IX. CLOSING A CASE
5 | P a g e
E. Appeal of a Nuisance Determination
F. Timeliness of Appeals
X. ADMINISTRATIVE REVIEW OF CODE VIOLATIONS
XI. OTHER PROGRAM COMPONENTS
A. Staff Conduct and Customer Service
B. Interdepartmental Coordination
C. Staff Training
D. Departmental Responsibilities
E. Miscellaneous Code Revisions and Additions
F. Record Keeping
G. Public Education
H. Rental Housing Protection
I. Financial Management
6 | P a g e
I. PURPOSE OF PROGRAM 1
1. Increase the effectiveness of code enforcement efforts to preserve and improve the quality, health, and safety of living standards and visual aesthetics of the City of Fort Bragg.
2. Define clear guidelines for enforcement of City codes including the California Building Code, Fort Bragg City Zoning Codes, Health & Safety and other applicable codes from receipt of initial complaint through resolution of a case.
3. Preserve and improve the quality, health and safety of Fort Bragg’s rental housing stock by:
a. Gaining compliance with applicable housing codes
b. Optimizing positive relationships with owners, tenants and neighbors
4. Define the roles and responsibilities of staff, citizens, the City Council, and the Planning Commission.
5. Prevent unnecessary duplication of effort among staff, elected, and appointed officials and citizen groups.
6. Eliminate citizen confusion about the City code compliance policies and ensure due process rights of citizens and the appeals process are clearly defined and well respected.
7. Provide resolution of most cases at the lowest possible administrative staff level to minimize conflict among residents, property and business owners, owners and tenants of rental properties, and the City.
8. Provide a fair process for obtaining compliance to housing code violations.
9. Ensure each case is handled as fairly and carefully as possible with the same standards applied equitably and consistently.
10. Create incentives for rapid compliance by violators.
11. Permit the City to recover costs of abatement through imposition of lien or special assessment if the City is forced to become directly involved in the abatement of a code violation.
12. Pursue proper compliance with City codes while protecting the constitutional rights of the citizens of Fort Bragg.
1 These Program Guidelines were designed to reflect a new Program. Where these Program Guidelines seem to conflict with City Codes, such inconsistency will be amended during the term of the Program. 7 | P a g e
II. INITIALIZING COMPLAINTS
There are two ways for a code enforcement case to be originated; complaints received and proactive inspections. The following guidelines establish procedures for code enforcement case creation.
A. Complaints Received
Staff receives complaints from citizens, City staff, business owners, City Council members, or other agencies. Complaints are preferred in written form via email, through the City’s “report a problem” website or paper submittal City Hall, and can be received by any staff member.
Alternately complaints can be taken by phone and transmitted through the same process. All complaints received will be referred to the appropriate party for investigation.
Complaints are processed on a first come first serve basis, with the priority assigned relative to the seriousness of the problems. Violations that pose an immediate threat to public health and safety take priority over lesser offenses.
The reporting party can call staff to check on the status of a complaint or request in advance that an update of progress be provided.
Staff shall not accept anonymous complaints for investigation. All valid complaints shall minimally include a first name, last name, and contact phone number and/or email address of the reporting party. Staff shall follow a policy of maintaining the confidentiality of all reporting parties’ information. Additionally, staff is not required to provide information to subjects who refuse to provide their name and/or address.
NOTE: The City of Fort Bragg emphasizes a positive relationship among City staff, property owners and tenants. Tenants are encouraged to first report property maintenance problems to property owners to give them the opportunity to correct these problems. Owners are voluntarily encouraged to comply with Housing Codes. If there is no satisfactory response from an owner, the tenant is encouraged to request a City inspection to investigate unsafe or unhealthy conditions involving code violations. When necessary, the City shall enforce the codes in coordination with the owner, tenant, and agency resources.
B. Proactive Inspections
City staff may identify code violations (from the public right-of-way) while driving through or working in the City. However, staffing priorities are to process requests for code investigations and resolution of open enforcement cases before allocating the time for arbitrary "searching" for code violations addressing unreasonable amounts of a specific type of violation throughout the City.
C. Directive Enforcement
Managerial staff may provide directive enforcement of a particular type of violation based upon 8 | P a g e
specific requests of the City Council.
III. PRIORITY RATING OF COMPLAINTS AND DESCRIPTIONS
Complaints are separated into four classifications based on seriousness of conditions registered within the complaint.
Type 4 - Complaints of serious life and safety issues in structures, nuisance conditions such as abandoned buildings that provide setting for illegal activities, environmental crimes requiring intervention by FBFD and other interdepartmental requests for cooperation. Cases will be assigned and inspection performed within 24 hours of receipt of complaint.
Type 3- Complaints of illegal second unit, construction without permits, change of use without permit, establishment of an un-permitted use substandard housing conditions that are not life/safety in nature, and other similar code enforcement activities. Cases will be assigned within 15 working days of receipt of complaint.
Type 2- Complaints of building maintenance, unsafe dangerous building, nuisance conditions, condition of approval violation, illegal home occupation, blight, and other similar code enforcement activities. Cases will be assigned within 15 working days of receipt of complaint.
Type 1- Complaints of issues such as illegal signage permit, fence & retaining wall issues, expired permit, overgrown vegetation, lawn parking, inoperable vehicle, broken windows, and other similar code enforcement activities. Cases will be assigned within 20 working days of receipt of complaint.
V. IDENTIFYING VIOLATIONS
There are two ways to specifically identify code violations: those violations that can be inspected from the public right-of way, and those that require access onto private property for an inspection.
A. Violations in Public View
In response to a complaint or on an "as seen" basis, staff may be able to identify code violations from the street, sidewalk, other public right-of-way or adjacent property. If possible, staff will contact the property owner and/or the responsible party of the alleged violation for notification of the violation and the remedial actions that are required for compliance.
B. Violations Not in Public View
City staff shall exhaust all efforts to gain consent by owner or tenant for an inspection prior to obtaining a warrant.
9 | P a g e
V. NOTIFICATION OF COMPLAINTS/VIOLATIONS
All notifications to be mailed by First class and Certified mail, at the request of case officer or supervisor.
A. First Contact - Courtesy Notice
Upon initial identification of a code violation, staff shall issue a Courtesy Notice of Violation, either through personal contact and/or by 1st class mail, to the responsible party. This notice will explain any substantiated violation(s) and corrective action(s) required within a designated period of time.
For complaints not readily visible from public-right-of-way, a written request shall go out to responsible parties requesting a site inspection.
For low priority violations staff may inform the owner or responsible party of the complaint received and identify the City Code potentially being violated. A request for voluntary compliance without further action may be noted. Additional complaints received will require additional staff time to substantiate the violation and verify compliance.
B. Second Contact - Failure to Abate
If noted violation(s) are not corrected by the compliance date, a second notice or Failure to Abate will be issued shortly after the designated time period has passed, either through personal contact and/or by first class mail to the responsible party after the designated time period has passed. This second notice will contain stronger language, specifying potential recourse, legal actions and costs to be incurred. If no measurable progress has been made by the latest compliance date, or the responsible party has not entered into a contractual agreement with the City specifying a reasonable timeframe for compliance, staff may pursue other options for gaining compliance, as discussed in detail in Section VI GAINING COMPLIANCE.
C. Compliance Timeline
The exact number of days for correction will depend upon the required action for compliance, the severity of the violation and/or potential immediate hazard to the community. It may also vary on a case-by-case basis at the discretion of the enforcement officer.
D. Nature/Tone of Notices
The nature of all notices will be straight forward, identifying the specific code violation and the abatement action requested unless noted otherwise.
E. Continuing Attempts to Gain Compliance
When two notices have been issued and voluntary compliance is not achieved, staff will continue to work toward compliance by issuing a code enforcement fee and taking necessary steps to legally abate any violation(s). Citizens shall receive all due process and notices, as well as copies of documentation as required by ordinance and upon receipt of written request. 10 | P a g e
VI. GAINING COMPLIANCE
After inspection and determination that a code violation exists, if voluntary compliance cannot be obtained, the following enforcement policies shall be implemented:
A. Code Enforcement Fee
Section I. Fort Bragg City Code allows for the issuance of a Code Enforcement Fee. Fees may be issued in lieu of misdemeanor citations and for violations of either the Fort Bragg City Municipal Code and or the Fort Bragg Zoning Code. A Code Enforcement Fee shall be mailed via First Class mail with a copy of the issued citation advising of a final compliance date for corrections of an existing violation. Failure to comply by this date may result in the immediate issuance of an additional citation with a double fee.
B. Misdemeanors
If a violation occurs, issuance of a misdemeanor citation may be utilized as an avenue for enforcement purposes unless expressly provided otherwise by the code.
C. Nuisance Abatement
When a code violation has been identified, the presence of the violation may qualify a structure as a "substandard building" under the State of California Health and Safety Code and be pursued as such. The City may embark on its own due process procedure to determine whether a nuisance exists through a Nuisance Abatement Hearing. If it is determined that a nuisance exists, the City may abate the nuisance through its own forces if compliance cannot be voluntarily gained, and recover any costs by placing a lien, or special assessment lien, on the subject property.
D. Reasonable Compliance
In a municipal environment of limited staffing and resources, the intent of the governing ordinance may be taken into account over its literal wording. Reasonable compliance determination may be left to the discretion of the enforcement officer.
E. Notice of Noncompliance
If a violation of the Fort Bragg municipal Code exists on a property and the responsible party has failed to adequately address the issue within the prescribed time frame listed for compliance, the City may file a Notice of Non-compliance with the Mendocino County Recorder’s office against the property title as an indication that building code violations exist on the property.
For low priority enforcement cases, no additional staff time shall be allocated to resolution of the enforcement case until the property owner or responsible party requests assistance. The Notice of Non-Compliance shall not be removed until the enforcement case has been fully resolved and the fee to remove the Notice has been received.
11 | P a g e
VII. ABATEMENT PROCEDURES
Any City abatement of nuisances on private property requires court ordered judicial authorization in the form of an abatement warrant. The courts have viewed abatement as a type of seizure, and the fourth amendment of the U.S. Constitution requires a warrant for search or seizure. While it may seem invasive to allow the City to enter private property to abate a nuisance, a judge would only permit this action if there is evidence of a health and safety hazard which violates the California Building Code or other City ordinances.
A. Neighborhood Nuisance Abatement Ordinance
City Council Resolution 4193-2019 authorizes the City of Fort Bragg to enforce its ordinances though criminal prosecution to abate any nuisance which poses a health and safety hazard to the community. City of Fort Bragg has appointed a City Attorney.
B. Authorization to Abate Nuisances
Staff will proceed with court ordered abatement actions only as a last resort, when all other attempts to have the nuisance removed and all administrative remedies have been exhausted.
Responsible staff shall be authorized to file requests for abatement warrants, with prior written approval of the City Manager.
The City Attorney is authorized to file these requests with the appropriate court. Staff and the City Attorney shall notify the responsible party of the City's intention to file a court action to give the responsible party a final opportunity to comply. The City Council shall be informed, in closed session or by confidential memorandum, of any requests the City Attorney makes for abatement warrants from the court.
C. Procedures for Abatement of Nuisances
Specific procedures for abatement are outlines in the Administrative Review of Ordinance Violations. After obtaining an abatement warrant, staff is authorized to proceed with soliciting contractor bids to complete the abatement. The property owner, or responsible party of the alleged violation, may have the opportunity to provide a bid within a reasonable timeframe from a licensed and insured contractor which is lower than the bids received by the City. However, the contractor will be required to meet all City contract qualifications and will contract directly with the City for the abatement work.
After completion of the work and final inspection by staff, the cost of abatement, including administrative time, shall be billed to the property owner, or perpetrator of the alleged violation, and, if not collected within 30 days, shall become a special assessment against the real property upon which the nuisance was abated.
VIII. COST RECOVERY
Substantial staff costs can be incurred in administrative time to handle cases including work by 12 | P a g e
code enforcement personnel, review by senior staff, and administrative support. In addition, City Attorney time for court preparation, code enforcement training, computer-related expenses, court costs and abatement expenses increase the City's investment when the City must abate a nuisance by use of a contractor. Imposing costs on the violators in addition to potential citations fees constitute a very powerful tool for encouraging early voluntary compliance. The City shall recover its costs of abatement under the following guidelines:
A. Administrative Fees
Administrative Fees for staff time shall be established to be assessed when any enforcement case has been scheduled for administrative hearing due to lack of voluntary compliance. Upon refusal of the property owner to comply with the City Municipal Code, hours shall begin to be charged to a case and a record of costs maintained in the case tracking system. The cost for administrative fees shall be included in the recommended penalty to be determined by the Administrative Hearing Officer.
Administrative Fees for staff time shall be established to be assessed for any staff time spent to gain compliance with city codes including facilitating issuance of building permits and billed at time of issuance of the building permit.
B. Investigation Fee for Building permits
The City shall charge an investigation fee for any code violation that requires a building permit to resolve the enforcement case. The investigation fee shall be equal to the building permit fee required for the project.
C. Abatement Costs
Costs required to abate a nuisance shall be billed to and collected from the property owner and the City shall place a special assessment lien against the real property for any amounts not paid by the property owner, or responsible party, of the alleged violation within 30 days of abatement.
These costs shall include contractor and administrative costs incurred in abating the nuisance..
D. Penalty Fees Assessed by Administrative Hearing Officer A penalty fee may be charged for all enforcement cases that are upheld by the Administrative Hearing Officer during an Administrative Hearing. The fee shall be assessed as identified in the Administrative Hearing Ordinance. Failure to pay penalty fees may be cause to establish liens on property tax.
IX. CLOSING A CASE
Cases are created to abate specific violation(s) of the City of Fort Bragg Municipal code and Land Use codes. Once these violations are resolved, abated or found invalid, the case will be determined to be closed and recorded as such in the enforcement computer files. In some cases, charges may be brought up again for the same code violation, if the condition which was 13 | P a g e
previously abated develops again within a 12-month period.
A. Appeal of a Nuisance Determination
The appeal of an Administrative Civil Citation issued by staff regarding a violation of the City Code shall be to the Administrative Hearing Officer. The hearing officer shall be the City Manager or any person or persons appointed by the City Manager to conduct hearings pursuant to this chapter.
The decision of the Administrative Hearing Officer may be appealed to the Mendocino County Superior Court.
B. Timeliness of Appeals
Appellants must file appeals within the applicable time limits set forth under the Fort Bragg Municipal Code Chapter 1.06.
X. ADMINISTRATIVE REVIEW OF CODE VIOLATIONS
The purpose of an Administrative Review of Ordinance Violations is to maintain the appearance and condition of real property, enhance property values in the City, ensure rental housing health and safety and to avoid deterioration of neighborhoods and commercial centers. Chapter 6.12 of the Fort Bragg Municipal code defines public nuisances which create visual blight and hazardous conditions which may be detrimental to the public's health and safety.
XI. OTHER PROGRAM COMPONENTS
A. Staff Conduct and Customer Service
Good customer service is of primary importance for the Code Enforcement Program in working with property owners, especially with tenants and owners. Code Enforcement staff and support staff are expected to always be businesslike and professional in their public interactions. As a public servant, Code Enforcement staff are instructed to:
1. Introduce him/herself and handout business cards in performing on-site inspections.
2. Provide complete but brief reason for being on the property.
3. Be polite and helpful and not officious.
4. Avoid confrontation and leave premises if the situation warrants departure.
5. Not allow personal biases to affect professional demeanor and decisions.
B. Interdepartmental Coordination
Upon self-initiated interdepartmental coordination, the Code Enforcement Officer shall serve as the primary code enforcement officer and maintain case tracking on the City's computer system.
Other Departments may establish a procedure for notifying the code enforcement officer of actions soon to be taken (excluding Police matters deemed confidential), such as weed abatement, abandoned vehicles abatement, conformance to grading requirements as they relate 14 | P a g e
to a specific parcel of privately held land.
C. Staff Training
It is the responsibility of the supervisory staff to ensure that field and office staff are properly trained to perform their job successfully. In addition to training in the technical aspects of their job, staff is trained: to use and apply these Program Guidelines; to learn the fee schedule; to understand the role other agencies and programs may contribute to assist tenants and owners with their housing related needs; and to provide the level of customer services that is acceptable to and consistent with the program.
D. Departmental Responsibilities
Department responsibilities for code enforcement are assigned as follows:
Administrative Assistant (Community Development)
Takes reports/complaints from the public and other City departments. Initiates investigations, including researching relevant code sections, taking photos of violations, creating a file for violation.
Maintains code enforcement files and database
Assistant Planner (Community Development)
Conducts field inspections and investigations of planning projects to assure compliance with applicable codes, laws, and specifications.
Enforces zoning rules and regulations; activities include phone contact with code complaint lodgers, phone contact with code violators, preparation of letters to enforce the code, follow up with additional letters and fines for code enforcement. Prepares code enforcement letters, updating and maintain files in coordination with Administrative Assistant, tracks violations, follows up on correspondence, and communicates with appropriate departments.
Community Service Officer/Peace Officer (Police Department) Takes reports/complaints from the public and forwards to Community Development. Prepares code enforcement letters, follows up on correspondence, and communicates with responsible parties and other departments.
Assist with home inspections, preparation and service of abatement warrants. Facilitates resolution of Type 4 violations and responds to other situations requiring police intervention as needed.
Pursues Misdemeanor charges in accordance with VI above when necessitated.
E. Miscellaneous Code Revisions and Additions
Staff shall make recommendations for revisions to the City's Fee Schedule and/or other 15 | P a g e
resolutions which may need clarification or strengthening in order to be effectively enforced in conjunction with these guidelines and the City’s Municipal Code. These revisions shall be drafted for City Council approval. These recommendations will come under a separate staff report.
Preserving and improving the rental housing stalk in the City of Fort Bragg is a priority, and developing processing and guidelines to increase the relationship between code enforcement and healthy housing will be implemented into the Code Enforcement Program over time.
F. Record Keeping
All code enforcement cases shall be recorded into a City code enforcement computer database or file, as a permanent record of all actions taken, of compliance achieved or of other status of the cases. Access to the code enforcement computer files shall be permitted for appropriate City staff only. Status reports of the number, type and location of cases may be prepared upon request for City Council review, without releasing the names of the reporting party.
G. Public Education
1) Informational brochure(s) describing the City of Fort Bragg Code Enforcement Program and/or code enforcement guidelines and expectations may be created and amended as appropriate for public education.
2) Information brochure(s) and community workshops informing tenants and owners of rental housing safety standards.
3) Written articles addressing code enforcement changes, updates and/or revisions may be included within the City of Fort Bragg public newsletter in order to better inform the community of possible future action.
4) A "user-friendly'' City of Fort Bragg Code Enforcement Program webpage may be created and maintained as up-to-date as possible for public awareness and more effective customer service.
5) Informational kiosks advocating knowledge of enforced codes may be set up/manned at community functions (i.e.; Farmer's Markets, etc.) or commercial establishments with property owner permission in order to raise public awareness. 6) A "Press Release" may be created and forwarded to local newspaper agencies upon the start or completion of a notable code enforcement event or abatement which may impact the community.
H. Rental Housing Protection
To ensure the health and safety of the City’s rental housing market the Community Development Department staff will work with the Housing and Economic Development Coordinator and other community organizations to develop practices, programs and guidelines which may include the following elements:
16 | P a g e
1) Rental housing inspections and permitting procedures 2) Annual Owner Self-Certification Rental Unit Safety Checklist 3) Rental Housing Preservation Plan
4) Fair Housing Certification Plan
I. Fiscal Management
1. The Community Development Department is responsible for the oversight of the use of CDBG funds for code enforcement activities.
2. All costs must be in compliance with the Office of Management and Budget Circular (OMB) A-87 and with the principles set forth below:
a. Be necessary and reasonable for the proper and efficient performance of the Program. The Community Development Director or designee shall have final authority to determine in good faith whether an expenditure is “necessary and reasonable.”
b. Conform to the limitations within these Program Guidelines and to any governing statutes, regulations and ordinances.
c. Be fully documented and determined in accordance with approved accounting procedures.
d. Not be included as a cost or used to meet cost sharing or matching requirements of any other funding source in either the current or a prior period. e. Document all costs by maintaining complete and accurate records of all transactions, including but not limited to: citations, timecards, and/or other official documentation evidencing in proper detail the nature and propriety of all charges.
f. Submit to HUD or City at such times and in such forms as HUD, or City, may require, statements, records, reports, data, and information pertaining to the Program.
3. Combined eligible code enforcement staff and legal costs may be charged to the Program up to but not exceeding the amount of CDBG awarded to the code enforcement activity.
a. Staff costs shall be based on hourly data reported in the City’s timekeeping system.
b. Detailed Program activities shall be documented on a case by case basis in the 17 | P a g e
City’s system.
c. Requests for reimbursement for eligible expenses and documentation demonstrating that these costs are eligible CDBG code enforcement expenses shall be submitted in writing by the Code Enforcement Division to CDBG staff for review and approval.
.
d. Eligible charges exceeding the CDBG grant will be paid from other City funds such as the General Fund.
e. Unused CDBG code enforcement funds at the end of the grant term shall be returned to the Grantor.
Revenue from Code Enforcement Inspections and Enforcement of Codes Fees resulting from codes violations are not considered Program Income. Revenue from code enforcement fees should be treated either as applicable credits against expenditures or general revenues.
Code Enforcement fees should be treated as general revenue if:
1) The purpose of the fee is not to recover the cost of the code inspections and enforcement;
2) The costs of carrying out the code inspections and
enforcement were not paid with CDBG funds; or
3) The amount of the fee exceeds the costs paid with CDBG funds.