Code Enforcement Operations Study Session
January 21, 2025
Presenter: Chris Burton, PBCE Director
Rachel Roberts, PBCE Deputy Director
www.sanjoseca.gov/CodeEnforcement
2 Contents
I. Code Enforcement Overview
a) What is Code Enforcement?
b) Background and History
II. Code Enforcement Process and Enforcement Tools
a) Cases
b) Process
c) Challenges
III. Reengineering for Operational Improvements
IV. Operational Assessment and Next Steps
I. Code Enforcement
Overview
a) What is Code Enforcement?
www.sanjoseca.gov/CodeEnforcement
4 Purpose of Code Enforcement
To uphold local laws and
ordinances on property
maintenance, building standards,
land use, and public health and
safety by investigating complaints,
ensuring code compliance, and
addressing violations to maintain a
safe and pleasant community.
www.sanjoseca.gov/CodeEnforcement
5 PBCE Continuum
Land use permits
approved
Building/Property occupied/ in
use by owner/occupant/ public
Planning Building Code Enforcement
Code Enforcement addresses property
violations/quality of life issues for life of
building/property
Building Permit Final/
Certificate of
Occupancy Issued
www.sanjoseca.gov/CodeEnforcement
6 Planning, Building & Code Enforcement
Modification of the Built
Environment
Maintenance and Preservation of
the Built Environment
Land Use Changes/New Construction and Alterations
Permitted:
Planning
Building
Public Works
Fire
Unpermitted:
Code Enforcement
Public Health, Safety & Welfare
Maintain Buildings and Regulate Land Use
Promote Quality of Life
Public Property:
Public Works
PRNS
SJPD
SJFD
Housing
Private Property:
Code Enforcement
SJPD
SJFD
Guide the physical change of San José to create and maintain a safe, healthy, and vital place to live and work.
www.sanjoseca.gov/CodeEnforcement
7 Codes We Enforce
We enforce various San José Municipal Codes that
regulate private property utilizing outreach,
education, and administrative enforcement tools.
Example: The Community
Preservation Ordinance
establishes regulations
prohibiting various forms
of blight on private
property.
Key Ordinances :
• Substandard Housing, Chapter 17.20
• Building Code, Title 24
• Community Preservation Ordinance, Chapter 17.72
• Zoning Code, Title 20
• Tobacco Retail License, Chapter 6.87
• Off-Sale Alcohol Beverage Establishments, Chapter 6.86 • Signs, Title 23
• Chapter 1.14 Administrative Remedies
• Chapter 1.15 Administrative Citations
www.sanjoseca.gov/CodeEnforcement
8 Enforcing the Code
Takes necessary steps to bring the
property into compliance.
What we do What the property
owner does
Conduct inspections, identify violations, and utilize
outreach/education and administrative enforcement tools to induce the property owner to bring their property into compliance.
www.sanjoseca.gov/CodeEnforcement
9 Who is the Customer?
Both are our
customers.
Complaining
Party
Responsible
Party
Property Manager
Business Owner
PO Legal
Representative
Property Owner (PO)
City Council/Other
Department/Agency
Neighborhood
Group/Organization
Tenant
Community member Legally Responsible
www.sanjoseca.gov/CodeEnforcement
10 Code Enforcement Programs
• 15 FTE Inspectors
(13 FTE General
Fund/ 2 FTE Fee
Funded)
• All Single/Two
Family, Commercial,
Industrial, Vacant
Private Property
General Code
• 17.25 FTE Inspectors
• Fee funded
• Apartments, SROs,
Hotels/Motels,
Frat/Sororities, etc.
• 6, 752 Buildings
• 102,862 Units
Multiple Housing
• 4.25 FTE Inspectors
• Grant Funded
• Enhanced Multiple
Housing Program in
CDBG eligible areas
• Project Hope
CDBG
• 8 FTE Inspectors
• Fee funded
• Vacant Buildings and
Storefronts
• Tobacco Retail
License
• Off Sale Alcohol
• Abandoned Shopping
Carts
• Building Code
Compliance
• Massage
Special Programs
• Local Enforcement
Agency (3 FTE
Inspectors Fee
Funded)
• Fireworks
• Mobile Vendors
• Illegal Dumping
Enforcement
• ADU Amnesty
• Elevated Exterior
Elements- E3
• Soft Story
• Housing Element
Strategies
Other Services
Complaint Based Proactive and Complaint Based
www.sanjoseca.gov/CodeEnforcement
11 Org Structure
Deputy Director
Division Manager
Supervisor
Multiple Housing
8 Multiple
Housing
Inspectors
Supervisor
Multiple Housing
7 Multiple
Housing
Inspectors
1 Community
Activity Worker
Supervisor
Multiple
Housing/ CDBG
2.25 Multiple
Housing
Inspectors
4.75 CDBG
Inspectors
Supervisor
Support Staff
Staff Specialist
Principal Office
Specialist
4 Sr Office
Specialists
Division Manager
Supervisor
General Code/
BCC
4 General Code
Inspectors
1 BCC Inspector
Permit Specialist
Supervisor
General Code/
Massage
3 General Code
Inspectors
2 Massage
Inspectors
1 Abandoned
Shopping Carts
Inspector
Supervisor
General Code/ VA
5 General
Code Inspectors
1 Vehicle
Abatement
Inspector
Supervisor
Special Programs
3 General Code
Inspectors
1 Tobacco Retail
License
Inspector
1 Off Sale Alcohol
Inspector
1 Vacant Building
Inspector
Supervisor LEA
3 Env. Inspectors
Senior Analyst Planner
Multiple Housing/CDBG
General Code
Special Programs
Management and Support
Local Enforcement Agency
I. Code Enforcement
Overview
b) Background and History
www.sanjoseca.gov/CodeEnforcement
13 Budget Reductions/Shift Toward Special Programs
44 63
45 0
10 20
30 40
50 60
70 Budgeted Code Enforcement Inspector I/II Positions,
1994-1995 to 2024-2025
General Code Inspector Positions Non-General Code Inspector Positions Total Inspector Positions Data
Unavailable
Data
Unavailable
www.sanjoseca.gov/CodeEnforcement
14 Staffing Impact on Caseload
2008 2010 2012 2014 2016 2018 2020 2022 2024
Budget reductions stemming
from Great recession
Redevelopment Agency dissolved ending
funding support through SNI
Post Recession Staffing High
Point (52 Inspectors) GC 1,000 case increase over historic 200/year increase
COVID Pandemic – Inspectors
redeployed, paused inspections
Great
Recession
COVID
Pandemic
25 30
35 40
45 50
55 60
1000
1500
2000
2500
3000
3500
4000
4500
5000
Total Caseload (General Code) Total Filled Positions
Filled Positions
Cases
www.sanjoseca.gov/CodeEnforcement
15 Programmatic Shift Away from General Code
2008 2010 2012 2014 2016 2018 2020 2022 2024
0 10
20 30
40 50
60 70
General Code Resources (GF/SW/VA)
Multiple Housing/CDBG
Special Programs
Budget reductions stemming
from Great recession
Redevelopment Agency dissolved ending
funding support through SNI
Post Recession Staffing High
Point (52 Inspectors) GC 1,000 case increase over historic 200/year increase
COVID Pandemic – Inspectors
redeployed, paused inspections
Great
Recession
COVID
Pandemic
www.sanjoseca.gov/CodeEnforcement
16 Changing and Expanding Scope
x Neighborhood Clean Up-
Ended
Massage Program- Added
Vacant Buildings- Expanded
x Cannabis – Ended (absorbed by General Code)
x SNI/RDA- Ended
Tobacco Retail License- Added
Medical Marijuana- Added
Building Code Compliance- Added
x Waste Tires- Ended
Abandoned Shopping
Carts- Added
2008 2010 2012 2014 2016 2018 2020 2022 2024
2008 Services
56 Inspectors
11 Programs
• General Code
• SNI/RDA
• CDBG
• Multiple Housing
• Vehicle Abatement
• Off Sale Alcohol
• Vacant Buildings
• Local Enforcement Agency
• Tow Contract Admin
• Waste Tires
• Neighborhood Clean Up
2024 Services
45 Inspectors
12 Programs
• General Code
• CDBG
• Multiple Housing
• Vehicle Abatement
• Off Sale Alcohol
• Vacant Buildings and Storefronts
• Local Enforcement Agency
• Tow Contract Admin
• Abandoned Shopping Carts
• Tobacco Retail License
• Building Code Compliance
• Massage
II. Code Enforcement
Process and Enforcement Tools
a) Cases
www.sanjoseca.gov/CodeEnforcement
18 Program and Case Types
Blight
Building
Substandard Housing
Zoning
Solid Waste
Other
www.sanjoseca.gov/CodeEnforcement
19 Case Priority and Initial Response
Case Creation
Complaint Response
(Reactive)
Programmatic Inspections
for Regulated Uses
(Proactive)
Emergency
(24 hours)
Priority
(3 business days)
Routine
(15 calendar days)
Enforcement
Investigation
Goal: 100%
Nov 24: 100%
Goal: 75%
Nov 24: 81%
Goal: 60%
Nov 24: 78%
www.sanjoseca.gov/CodeEnforcement
20 Programmatic Caseload (Non-General Code)
*Does not include Massage/VBS
Program FY 2023-2024 Activity
Multiple Housing Buildings Inspected 1,747
Units Inspected 8,513
Complaints Received 541
Complaints Closed 530
Violations Closed 11,849
CDBG Units Inspected 664
Special Programs* Required Annual Inspections 1,097
Local Enforcement Agency Required Facility Inspections 240 Fireworks Reports Processed 1,280
www.sanjoseca.gov/CodeEnforcement
21 General Code Active Caseload History
1,598
1,760
2,380
3,561
3,505
2,500
2,868
2,733
2,512
2,706
2,220
2,580
2,066
1,832
1,708
1,874
1,566
1,770
1,927
1,887
2,236
2,237
2,498
2,789
2,859
2,880
3,741
3,810
4,041
4,255
4,305
-
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
5,000
Fiscal Year
Open Caseload By Fiscal Year 1994-1995 to 2024-2025
FY New Cases Cases Resolved Delta
Active
Caseload
15-16 6,082 6,077 +5 2,237
16-17 5,724 5,459 +265 2,498
17-18 5,092 4,799 +293 2,789
18-19 4,028 3,954 +74 2,859
19-20 3,047 3,025 +22 2,880
20-21 2,878 2,015 +863 3,741
21-22 2,877 2,800 +77 3,810
22-23 3,070 2,838 +232 4,041
23-24 3,529 3,315 +214 4,255
24-25 1,620 1,570 +50 4,305
www.sanjoseca.gov/CodeEnforcement
22 Average time to
closure (days)
57 639 388 345 156 214
221*
General Code Caseload Summary
0 500
1000
1500
2000
2500
Blight Building Substandard
Housing
Zoning Solid Waste Other
Current Caseload by Type and by Priority
Routine NI
Emergency
Priority
Routine
*Blight-Living in Trailer
www.sanjoseca.gov/CodeEnforcement
23 Enforcement Tools
• San José Municipal Code (SJMC) outlines enforcement regulations, requirements and due process
• Notices- Official Warning Notices, Pre-citation Warning Letters, Inspection Notices
• Administrative Citations- non-criminal infractions, violations transient in nature, fines set by Council, SJMC Chapter 1.15
• Administrative Remedies- Compliance Order, Administrative Order, Fines/Penalties, SJMC Chapter 1.14
• Summary and Proposed Abatements, SJMC Chapters 17.02 and 17.40 • Legal Action- Public Nuisance Lawsuits, Receivership, Collections Case, Injunctions, etc.
II. Code Enforcement
Process and Enforcement Tools
b) Process
www.sanjoseca.gov/CodeEnforcement
25 Full Process
www.sanjoseca.gov/CodeEnforcement
26 Core Process Escalation
Case
Opened
Initial
Inspection
Violations
Found
Warning
and/or
Inspection
Notice
Compliance
Inspection
Citation
and/or
Compliance
Order
Compliance
Inspection
Appeals
Hearing
Board
Fines/
Corrective
Actions/
Penalties/
Admin
Costs
Max
Penalty
$100k
Engage CAO
/Build Case
Legal
Action
6-12 Months 6-12 Months
185 (4%)
Pre-
Investigation
1,388
(32%)
2,531
(59%)
184 (4%)Compliance
Administrative Tasks/Customer Service
16 (>1%)
www.sanjoseca.gov/CodeEnforcement
27 #N/A Investigation-
Research
Investigation-
Initial Inspection
Investigation-
Compliance
Inspection
Investigation-
Reinspection
Enforcement-
Notices
Enforcement-
Citation
Enforcement-
Compliance Order Enforcement-AHB Compliance-Ready
for Closure
Start Investigation Investigation Enforcement Compliance Total 185 129 1,198 46 15 1,707 178 487 175 184
185 129
1,198
46 15
1,707
178
487
175 184
-
200
400
600
800
1,000
1,200
1,400
1,600
1,800Caseload
Current General Code Caseload by Enforcement Stage
Number of Cases at Each Enforcement Stage
4,304
Total
Cases
www.sanjoseca.gov/CodeEnforcement
28 Enforcement Process By the Numbers
32,459 Total Actions (CY 2024)
Investigation
8,735
Enforcement
1,527
Compliance
1,085
Administrative/
Customer
Service
14,262 / 6,850
www.sanjoseca.gov/CodeEnforcement
29 Impact
Before
After
Impact
II. Code Enforcement
Process and Tools
c) Challenges
www.sanjoseca.gov/CodeEnforcement
31 Legal Considerations
• Responsible Party-
• Absentee/Deceased Property Owners
• Mental Health Issues
• Obtaining Evidence
• Why it is important
• Denied access (4th Amendment)
• Due Process
• Administrative Remedy Process
• Appeals- Citation, Compliance Order, and Administrative Order • Building Case for Legal Action
• Public Nuisance
• Receivership
• Injunction
• Collections Case
www.sanjoseca.gov/CodeEnforcement
32 Case Complexity
Blight Case:
Overgrown
Vegetation
Case
Resolved
19 days
Case A
Routine
Letter Inspection No Violations
Found
Case B
Routine
Letter Inspection Violations
Found
New Complaint
on Property Inspection
Owner
unable to
Comply
Citations Help received
from Neighbor
Violations
Corrected
Case
Resolved
180 days
Case A Research Inspection No Violations
Found
Case B Research Inspection Violations
Found
Warning Notice/
Inspections
Impediments to
Compliance
Citation/
Inspections
Compliance
Order/
Inspections
Permit
Obtained/Violations
Corrected
Case
Resolved
20 days Case
Resolved
720 days
Building Case:
Unpermitted
Construction
www.sanjoseca.gov/CodeEnforcement
33 Balancing Interests
This is my
property. I have
rights.
I don’t have the
resources to fix
this.
We’ve been
working to
redevelop this
site.
It’s been like
this for too
long.
Why should our
community have
to deal with this.
Why isn’t the
City doing
something?
This is my
business, my
livelihood.
I just bought
the house, I
thought is was
permitted.
I don’t know
what to do about
the constant
graffiti on my
building.
It is impacting
our
neighborhood,
our property
values.
I’m concerned
about the
unsafe
conditions.
My landlord still
hasn’t fixed the
violations.
My tenant won’t
give me access
to fix the issue.
They should be
fined. This is
unacceptable.
My mother
passed recently,
the property is
still in probate.
“I should not have to continue taking pictures, filling out city forms with what needs to be resolved and
checking up on the response from the city”
“And I cannot forget to thank Greg Martinez of
Code Enforcement for his endless efforts on
this case and his "not giving up" attitude. ”
“We don’t need studies; we need to enforce rules
and ordinances we have.”
“Code enforcement has issued repeated warnings
which temporarily cured the problem only to have
it continue.”
Customer Feedback
“I would like to see the FAST pilot program
continue in our neighborhood.”
“We are here to help support the City in its’ efforts, we want to know how we can help “
“We are continuing to work on this with staff and members of the Council and community. Please do what you can to help us make things happen.”
“The surrounding neighborhood sees the condition of the property every time they drive on Dry Creek Road. Some of them also complain to the City about the condition. They also see no real action, or inconsistent action, by the City over several years. The credibility of the City's Code Enforcement Department is being questioned by some of these
neighborhood residents.”
“All in all, the webinar provided a very good
explanation on use of the San Jose 311 app
(for fireworks).”
Our Staff’s Perspective
“I love being part of a culture that prioritizes
customer service and values health and
safety. I see my role just as much about education as it is about enforcement.”
Our work is often about so much more
than enforcing code. I once inspected a property
with 27 people living in a three-bedroom basement
apartment. After directing them to the Housing
Department for assistance, I still worked closely with
them until they found a way out of their situation.
“Code Enforcement is one piece
to a larger puzzle in finding solutions
for issues including illegal dumping,
encampment clean up, unpermitted mobile
vendors, and vacant buildings. I’m proud
to play a role.”
“I worked with a local business struggling with abandoned carts to create a new retrieval system that helped them save money on fines and keep their carts from littering our streets and waterways. It was gratifying to see how our
partnership led to a cleaner, more
sustainable neighborhood.”
“Some of our most impactful
work happens when we work
with other departments
and partners.”
“We turned a challenging case
into a success by preventing an elderly
woman's home from being condemned,
contacting her family who relocated her to
assisted living, and ensuring the property
was cared for. It was a blessing in
disguise. ”
-Enrique, Code Enforcement Inspector
-Angelica Garcia, Code Enforcement Inspector
-Marlon Aviles, Code Enforcement Inspector
-Raymond Ho, Senior Analyst
-Manny Duarte, Code Enforcement Inspector
-Tracy Keifer, Code Enforcement Inspector
www.sanjoseca.gov/CodeEnforcement
36 What are We Doing Well and Where is Improvement Needed? Positives
Proactive Programs (Multiple Housing,
Special Programs)
Balancing Interests (Internal and External)
Providing Support/Assistance to Customers
Adapting to Emerging Issues/New Services
Complaint Initial Response (100%, 81%, and
78%)
Summary and Proposed Abatements
Improvement Needed
Escalation of Enforcement
Streamline Blight Enforcement
Eliminate Building Case Backlog
Improve Case Resolution Timelines
Improve Case Management, Data,
Reporting
Expand External Partnerships
Enhance Customer Resources
www.sanjoseca.gov/CodeEnforcement
37 Divergent Realities
Current Service Delivery Environment
Increase/Change
in Scope
Increasing Case
Volume
Staff Reduction
www.sanjoseca.gov/CodeEnforcement
38 Problem Statement and Goal
• Code Enforcement operates in a complex regulatory environment influenced by competing interests and socio-economic challenges which together can delay the resolution of code violations, create communication gaps, increase stakeholder frustration and diminish public trust.
• Our goal in reengineering this work is to streamline key processes, prioritize services, and make targeted investments in technology, resources, and partnerships, so we can strengthen community trust, expedite enforcement outcomes, and maintain a safe, vibrant San José.
www.sanjoseca.gov/CodeEnforcement
39 Problem Statement and Goal
Technology
Staffing
Management/
Streamlined
Service Delivery
Public Education
and Resources
Community/
Stakeholder
Engagement
III. Reengineering for Operational
Improvements – Work Underway
www.sanjoseca.gov/CodeEnforcement
41 Operational Improvements Strategy
Streamline
• Enforcement Process
• Programs
• Service Delivery
• Communications
Prioritize
• Most Important Issues in the
Community (Services)
• Resolving Pain Points
• Improved Customer
Service/Transparency
Invest
• Resources
• Technology
• Tools
www.sanjoseca.gov/CodeEnforcement
42 Streamline Prioritize Invest Results
FAST Pilot Program
www.sanjoseca.gov/CodeEnforcement
43 Streamline
• Expedited
Enforcement
Process
• Proactive Outreach
and Education
• Dashboard
Survey/Proactive
Inspection
• Shorter Compliance
Timelines
• 2.0 FTE Dedicated
Inspectors
Prioritize
• Most common
blight violations
• Areas with highest #
of blight complaints
• Dedicated
Intradepartmental
Team
Invest
• Shifted General
Code/ General Fund
Resources
• Support from Other
City Departments
• Robust Outreach
Campaign
Results
FAST Pilot Program
FAST Normal
Operations
Timeline Approx 5
months
12 months
Number of Cases
Opened
463 375
Case Duration
(Open to
Resolution)
66 days 129 days
Compliance Rate
after 1
st Citation
62% 50%
# of inspections
required
2.9 2.1
www.sanjoseca.gov/CodeEnforcement
44 Downtown Enhanced Vacant Buildings and Storefronts
Streamline Prioritize Invest Results
Priority Properties
• 152/146 N 4th St. properties
• Z/L First Church of Christ
Scientist
• Lawrence Hotel
• Dr. Eu Building
• Former Ross Building
• Former Greyhound Station
• Former BoTown
• Bank of Italy
• Former Dai-Thanh Market
• Serpentine Pavillion
www.sanjoseca.gov/CodeEnforcement
45 Enhanced Vacant Buildings and Storefronts
Streamline
• New Approach to
Enforcement with
Good Results
• Proactive Outreach
and Education
Prioritize
• Expedited
Enforcement
• Focus on
Downtown’s Priority
Properties
• Multi-department
Working Group
• Community
Engagement
Invest
• 1.0 FTE Dedicated
Inspector (one-time)
• Focused Support
from Other City
Departments
• New Stakeholder
Resources
Results
0 10
20 30
40 50
60 70
80 FY 23/24
Q1
FY 23/24
Q2
FY 23/24
Q3
FY 23/24
Q4
FY 24/25
Q1
FY 24/25
Q2
# Properties in Enhanced VBS
Program
DT Mandatory Registration DT Monitoring
Increase in
Quarterly
Monitoring
= More
Proactive
Decrease in
Monthly
Monitoring=
More
properties in
Compliance
www.sanjoseca.gov/CodeEnforcement
46 Technology Enhancements
Streamline
• Automation
• Improved Public
Portal
• Case Management
• Data/Reporting
Prioritize
• Customer Service
• Pain Points
• Process
Improvements
Invest
• Temporary Staffing
Support
• Encumbered Funds
• Subject Matter
Experts Team
• Multi-department
support
Expected
Results
• Service Delivery Efficiencies in
office/field
• Improved Customer Service
• More Timely Communication
• More Transparency
• Greater Performance Insights
• Improved Data Tracking/Reports
• Better Supportability
• Modern Software
CodeX
Vendor: Infinite Solutions
Project Status: Project kick-off Fall 2024. Business rule and requirements gathering sessions in progress.
IV. Operational Assessment and
Next Steps
www.sanjoseca.gov/CodeEnforcement
48 Operational Assessment
Consultant: Guidehouse
• Task No. 1: Work Plan and Status Report - January 24, 2025 • Task No. 2: Discovery and Current State Analysis- February 14, 2025 • Code Services, Initiatives, Org. Structure
• Opportunities, Pain Points, Operational Functions, Process, and Workflow • Staffing Levels and Current and Projected Workloads
• Current State Findings Report
• Task No. 3: Operational Analysis- March 14, 2025
• Stakeholder Interviews/Customer Experience
• Impediments to Compliance
• Peer City Benchmarking
• Operational Report
• Task No. 4: Final Assessment Report- April 4, 2025
Staff: Operational Assessment Status Report, NSE- April 14, 2025 www.sanjoseca.gov/CodeEnforcement
49 Next Steps
Near Term- Reengineering
Continue Reengineering Work Already in Progress including but not limited to:
• Operational Assessment Status Report – NSE, April 14, 2025/2025-2026 Budget Process • Streamline: Leverage insights from FAST Pilot Program to Enhance Outreach and Education Citywide
• Prioritize: Enhanced VBS Program Services (including Multi-department Working Group, Downtown Stakeholder Engagement)
• Invest: Code Enforcement System Replacement Project
Long Term- Reengineering
Develop goals and strategies to reach improvement milestones and implement Operational Assessment Recommendations including but not limited to:
• Streamline: Launch New Code Enforcement Case Management System • Prioritize: Services /Most Important Issues in Community • Invest: Partnerships, Staff Training, Community Engagement, Reducing Case Backlog V. Questions