Administrative
Report
N.4., File # 21-3282 Meeting Date: 4/19/2022
To: MAYOR AND CITY COUNCIL
From: ELIZABETH HAUSE, ASSISTANT TO THE CITY MANAGER
JOE HOFFMAN, POLICE CHIEF JOY
ABAQUIN, DEPUTY CITY PROSECUTOR
TITLE
DISCUSSION AND POSSIBLE ACTION REGARDING THE ENFORCEMENT OF SECTIONS OF
THE REDONDO BEACH MUNICIPAL CODE THAT ADDRESS NUISANCE/BLIGHTED
PROPERTIES
RECEIVE AND FILE A REPORT ON OPTIONS TO ENHANCE THE CITY’S ENFORCEMENT OF
NUISANCE/BLIGHTED PROPERTIES
EXECUTIVE SUMMARY
One of the objectives in the Strategic Plan is to report to the City Council on the possible implementation of an administrative citation program and the preparation of an anti-blight ordinance.
The objective was approved largely in response to the prevalence of blighted properties along Artesia Blvd. and the desire to create an enforcement framework in which property and business owners could be held accountable for neglecting ongoing property nuisance issues.
In response to the identified concerns, staff in the City Manager’s, City Attorney’s, Police, Community Development and Waterfront and Economic Development Departments evaluated the City’s past code enforcement efforts and reviewed the provisions in the Municipal Code that could be used to take more effective enforcement action. After completing the review, it was determined that with adjustments to the supervision and allocation of code enforcement resources (some currently available and some that are coming soon) and a more proactive and concerted investigation of code violations in commercial corridors, the nuisance property provisions and prosecution structure in the City’s Municipal Code are sufficient to address many of the current problem properties in the City. It was also noted, that with a few updates to the Code, City enforcement efforts could become even more effective.
The following report provides a summary of previous municipal code enforcement processes, forthcoming changes to Code Enforcement and Quality of Life staffing and focused duties, and Code modification options available to further strengthen the City’s position in addressing nuisance properties in the City.
BACKGROUND
The City’s Municipal Code provides clear parameters authorizing City action that could remedy the nuisance properties in commercial areas if continually and properly investigated and prosecuted.
Success in this regard requires a concerted effort by City Code Enforcement personnel to investigate
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Success in this regard requires a concerted effort by City Code Enforcement personnel to investigate and, if voluntary compliance can not be achieved, bring cases to the City Attorney’s Office for prosecution. Unfortunately, in recent years, staffing and supervisory challenges have slowed or stalled the code enforcement investigative process, resulting in the preparation of few, if any, cases for prosecution and a seemingly ineffective overall code enforcement structure.
Code Enforcement Background: Process and Staffing
Historically, two Code Enforcement Officers operated under a Municipal Enforcement Division which was overseen by a dedicated Municipal Enforcement Manager who also directly supervised 6 fulltime and multiple part-time Municipal Services Officers (MSOs). This structure offered Code Enforcement officers additional immediate resources in the field as they were able to coordinate seamlessly with the various MSOs. It also provided the expertise of the Municipal Enforcement Manager, a position that offered the experience and knowledge needed to transition cases from voluntary compliance requests to enforcement and prosecutorial action.
A restructuring of departments approximately 17 years ago resulted in the MSOs being moved to the Police Department. The Municipal Enforcement Manager and two Code Enforcement Officers remained in the Planning Department, leaving a staff of three dedicated to code enforcement work.
In Fiscal Year 2009-2010 the Municipal Enforcement Manager position was deauthorized, then leaving only two employees dedicated to code enforcement. The deauthorization of this position significantly reduced code enforcement resources and forced a shift in focus to gaining voluntary compliance (as opposed to actively pursuing prosecution) as the employee/position with the experience and skill in preparing cases for prosecution was no longer present. Further department restructuring placed the remaining two code enforcement officers under the supervision of the Chief Building Official. Given that the Chief Building Official also oversaw the entire Building and Safety Division, this change resulted in significantly less supervision and support for code enforcement efforts.
The evolution of customer service within recent years has also impacted the Code Enforcement response. Previously, code enforcement cases stemmed from either field observation or complaints received by phone or in-person at City Hall. Technological advances have provided opportunities for citizens to submit their concerns or complaints by email or through the online portal, significantly increasing the number of code enforcement cases and requiring additional time to reply to emails and online requests. This has resulted in an added layer of pressure placed on an already stretched Code Enforcement unit. Time and effort that may have been spent in the field proactively addressing blight and nuisance issues has now shifted to time spent within the office responding to concerns received electronically.
As the aforementioned changes occurred, the Code Enforcement approach in the City of Redondo Beach has shifted and primarily focuses on attaining voluntary compliance from violators through education and outreach. In cases where code violations are recurrent and all efforts to attain voluntary compliance are unsuccessful, Code Enforcement staff works with the City’s Quality of Life Prosecutor to prepare for prosecutorial action. When pursued, this effort has been successful; recent examples include action against illegal short-term rentals within Redondo Beach (24 cases filed todate) and successful compliance for overgrown vegetation on numerous properties throughout the City.
The Redondo Beach Municipal Code provides various methods by which the City can effectively Page 2 of 4 N.4., File # 21-3282 Meeting Date: 4/19/2022
The Redondo Beach Municipal Code provides various methods by which the City can effectively address blighted or nuisance properties (see attached Exhibit A). Code-defined nuisances include abandoned or boarded up buildings, debris or trash left to accumulate on property, overgrown weeds or vegetation, and unpermitted signage (including banners). However, regardless of the number and depth of prohibitions in the Code, without proactive investigative enforcement, no compliance can be achieved.
Changes to Code Enforcement Staffing and Focus
In 2021, it was deemed that the Code Enforcement unit would most efficiently operate under the administration and supervision of the Police Department. This shift resulted in several changes, not least of which is the restoration of direct oversight and workload management. In its continuous pursuit to best serve the Redondo Beach community, additional personnel shifts will be occurring within the Police Department over the next several months that will directly impact Code Enforcement activity (see attached Exhibit B).
As it is currently organized, the Community Based Policing Unit encompasses a wide range of tasks including, but not limited to: community engagement, homeless outreach, quality of life education and enforcement, domestic violence advocacy, crime prevention, school resources programming, parking enforcement, animal control and now code enforcement. Due to expanding community needs, this unit’s purview will be realigned so that its focus will remain on community engagement, building sustainable relationships and improving community trust. A new unit - the Quality of Life unit - will be established and will undertake the tasks of homeless outreach, quality of life education and enforcement, and code enforcement.
The Quality of Life Unit will work closely with community stakeholders and civilian professionals to provide education, outreach and enforcement and to address the issues that reduce the quality of life in Redondo Beach such as Municipal Code violations, community blight, pollution and public safety.
As part of this unit, the Code Enforcement officers will have additional part-time staff added, and - with the added benefit of field support from MSOs and administrative support from management staff - will convert to a far more proactive and effective unit.
Beginning in May 2022 and over the course of the following year, Code Enforcement will focus its efforts on commercial corridors that have experienced pervasive blight and been subjected to the consequences of absentee or negligent ownership. In instances where voluntary compliance is unattainable and blight persists, Code Enforcement officers will work with experienced police personnel and the Quality of Life prosecutor to build cases against violators. With the previous staffing and management constraints eliminated, it is anticipated that the Code Enforcement personnel will become a more impactful presence in the community. An evaluation of code enforcement activity will take place in May 2023 to better assess what methods and courses of action were most successful in improving the quality life of residents and visitors. Adjustments will be made as needed to ensure the continued effectiveness of the City’s Code Enforcement efforts. This could include additional staff allocations or the consideration of an administrative review ordinance.
Additional Municipal Code Provisions to Support Code Enforcement Efforts The City’s Municipal Code already provides parameters authorizing City action that would remedy nuisance and blighted areas or properties. Sections of the Code even allow for City abatement of non-compliant violators, with provisions for recouping any and all costs associated with abatement
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non-compliant violators, with provisions for recouping any and all costs associated with abatement efforts. That said, Council may wish to consider adding language that would either clarify or specify additional nuisances within the Code. As an example, a section of the City of Pleasanton’s Municipal Code has been attached (Exhibit C) that demonstrates ways the City can expand its definitions of nuisance or blighted properties (e.g. language related to paint, termites, and rot). This may provide Code Enforcement officers opportunities to further address properties or blighted areas that do not fit neatly into existing Municipal Code parameters or definitions.
If the nuisance property provisions in the Pleasanton Municipal Code are of interest to the City Council, staff will prepare and return with appropriate Ordinance modifications that when adopted would allow for similar enforcement in Redondo Beach.
COORDINATION
The City Manager’s Office collaborated with the City Attorney’s Office and Police, Community Development and WED Departments in the development of this report.
FISCAL IMPACT
Funding for the code enforcement related personnel identified in this report is available in the FY 2021-2022 Operating Budget.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
Exhibit A: Sections of the Redondo Beach Municipal Code, Blight/Nuisance Defined Exhibit B: RBPD Personnel Shift Chart
Exhibit C: Pleasanton Municipal Code