Twentynine Palms City Council
May 12, 2026

CITY OF TWENTYNINE PALMS

CITY COUNCIL
RESOLUTION NO. 26-__

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF TWENTYNINE PALMS AUTHORIZING

CITY COUNCIL MEMBERS AND STAFF ACCESS
TO THE CITY’S ACCOUNT AT THE LOCAL

AGENCY INVESTMENT FUND (LAIF)
WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council of the City of Twentynine Palms hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the City of Twentynine Palms.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Twentynine Palms, California, hereby authorizes the deposit and withdrawal of the City of Twentynine Palms’ monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein.

BE IT FURTHER RESOLVED, as follows:

Section 1. The following City of Twentynine Palms officers holding the title(s) specified hereinbelow or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:

Name Title
Daniel L. Mintz, Sr. Councilmember/Mayor
Octavious Scott Councilmember
Steven Bilderain Councilmember
McArthur Wright Councilmember
April Ramirez Councilmember
Kevin Cole City Manager
Abigail Hernandez Conde Finance Director/ City Treasurer

Section 2. This resolution is effective May 16, 2026, and shall remain in full force and effect until rescinded by the City Council of the City of Twentynine Palms by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office.

PASSED, APPROVED AND ADOPTED this 12th day of May, 2026.

______________________
Daniel L. Mintz, Sr. Mayor
ATTEST:
_______________________________
Cindy Villescas CMC, City Clerk
I hereby certify that the foregoing Resolution No. 26-__ was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof, held on the 12th day of May, 2026, by the following vote of the Council:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:
_______________________________
Cindy Villescas CMC, City Clerk

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: May 12 2026
SUBJECT: Receive, File for Potential Future Staff Action, and Authorize Staff to Pay.

RECOMMENDATION:

The City Council receive and file both the Q1 2025 Code Enforcement Evaluation Report by Gemini Training Solutions, LLC and the April 21, 2026, Code Enforcement Policies and Procedures Manual by Culper Consulting, LLC., and authorize Staff to issue Culper Consulting, LLC payment in the amount of $9,000.00 for invoice CC-2026-05. The City Council is not implementing the proposed Code Enforcement Manual unless and until a fully reviewed manual is brought back before the City Council at a future date.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Question of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• 2026-04-16 Twentynine Palms
- Culper Consulting Full
Engagement Email signed by
SJ and JB
• 2026-04-21 Twentynine Palms
Code Enforcement Manual W
Prelim Edits
• 2025-02-10 29P Final Code
Enforcement Assessment and
Recommendations Report
• 2026-05-05 Culper Consulting
Policy Manual Invoice Approval
to Pay
• Justin GARDINER Profile
• Culper Consulting, LLC_
About _ LinkedIn

BACKGROUND:

In 2024, in an effort to ensure Code Enforcement is providing quality customer service and has the direction, tools, and structure they need to effectively serve the Twentynine Palms community, Gemini Training Solutions was hired. Company Principal, Justin Gardiner, is a subject matter expert within the Code Enforcement field (see attached bio). After a comprehensive analysis of the Code Enforcement Department, records inspection, municipal code review, one-on-one time with both the Community Development Director and code enforcement officers, the attached report was provided.

Based on the concerns and potential liabilities identified in the Q1 2025 report, the City Manager began working with the Community Development Director to implement the changes outlined in the Q1 2025 Code Enforcement Evaluation Report. Due to a number of challenges, one of which being limited Staff time due to heavy Planning and City Management workloads, no real progress was made on addressed key deficiencies. The Code Enforcement Department has not implemented any of the material changes outlined in the 2025 report. The failure to address identified deficiencies puts our valued Code Enforcement personnel, the City, and the community at risk.

In late 2025, the City Manager contacted Culper Consulting, LLC. The foundation of Culper Consulting began in Twentynine Palms, and has expanded to serve communities throughout San Bernardino County. On April 16, 2026, the City Manager entered into an agreement with Culper Consulting to provide a variety of services for the City intended to address the 2025 identified deficiencies.

After creating the attached policy manual, on April 20, 2026, the City Attorney sent an email (attached) to Culper Consulting instructing Culper Consulting to stop work.

This agenda item is intended to provide clarity to the Finance Department to immediately issue payment in the amount of $9,000 to Culper Consulting for the draft Code Enforcement Policies and Procedures Manual.

It will be up to the next City Manager as to whether this or a different policy manual is brought back to City Council for formal adoption.

The attached policy manual, while reflective of best practices throughout San Bernardino County, is not ready for adoption tonight as this manual must be reviewed by Human Resources, the City Attorney's office, and ideally, a City Council subcommittee.

STRATEGIC PLAN:

This agenda item supports the follow strategic plan goals and priorities:

Strategy 3: Enforce and design development guidelines that maintain local character over time.

Goal B3.1: Evaluate existing Code Enforcement to identify where more actionable mandates can be implemented to include periodic updates during department meetings.

ENVIRONMENTAL:

Implementation of a policy manual will provide Code Enforcement the structure and tools needed to ethically, legally, fairly, and predictably respond to code enforcement complaints which, when properly handled, will improve Twentynine Palms' physical environment.

ALTERNATIVES:

The City Council could choose to pay the invoice and instruct Staff to take no further action on implementing a code enforcement manual.

FISCAL IMPACT:

The one-time payment of $9,000 will come from the code enforcement clean up budget. This $9,000 will decrease the Code Enforcement's short-term ability to fully clean up 7535 Sherman Hoyt Avenue, however, implementation of an industry-standard policy manual will give Code Enforcement the structure and tools to prevent future homes from becoming public nuisance like 7535 Sherman Hoyt Avenue has become over the last several years.

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CITY OF TWENTYNINE PALMS

AGREEMENT FOR CONTRACTOR SERVICES
THIS AGREEMENT is made and effective as of 16, April 2026 between the City of Twentynine Palms, a municipal corporation (“City”) and Culper Consulting (“Contractor”).

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on 16, April 2026 and shall remain and continue in effect until tasks described herein are completed A, but in no event later than June 30, 2026 unless sooner terminated pursuant to the provisions of this Agreement. Notwithstanding the above, Section 9 of this Agreement shall survive the term of this Agreement.

2. SERVICES
Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor represents it holds the necessary skills and abilities to perform the work as set forth in this Agreement, and City relies upon the skills and abilities of Contractor. Contractor shall perform the work and services under this Agreement in accordance with such heightened standard of work and in accordance with the accepted standards of the professional disciplines involved in the tasks described herein.

4. CITY MANAGEMENT
City Manager shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Contractor, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Contractor. City's City Manager shall be authorized to act on

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City's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Contractor's compensation, subject to Section 5 hereof.

5. PAYMENT
(a) Except as otherwise stated herein, the City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Final payment shall be coordinated and conditioned with completion of the tasks set forth in Exhibit A. This amount shall not exceed Seventeen Thousand dollars ($ 17,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement (“Total Agreement Amount”).
(b) Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
(c) Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Invoices shall include the contract amount, invoice amount to date, and balance remaining.

Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
(d) Prior to signing the Agreement, Contractor shall provide to City a completed and signed Form W-9, Request for Taxpayer Identification Number and Certification. All of City’s monetary obligations set forth in this Agreement are conditioned upon City’s receipt of an executed W-9 form from Contractor. (e) Notwithstanding Contractor’s delivery of invoices to City and/or other remedies available to the City, City may retain ten percent (10%) of the payment on each month’s invoice, on a cumulative basis, until Contractor has completed all of the tasks set forth in Exhibit A.
(f) Notwithstanding Contractor’s delivery of invoices to City and/or other remedies available to the City, if Contractor has not delivered to the City the required certified

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insurance policies and endorsements within the time required by Section 10(f) (3) of this Agreement, City has the sole discretion to withhold any and all payments to Contractor until Contractor delivers to the City the certified insurance policies and endorsements required by Section 10 of this Agreement.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 5.
(c) Except as otherwise provided herein and prior to the termination date of this Agreement, this Agreement may be terminated by written consent of both the City and the Contractor.

7. DEFAULT OF CONTRACTOR
(a) The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default.

The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to

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which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

9. INDEMNIFICATION
(a) Indemnification
To the fullest extent permitted by law, Contractor shall protect, indemnify, defend and hold harmless City and any and all of its officials, employees, volunteers and agents from and against any and all losses, liabilities, damages, and costs and expenses (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the actions or failure to act of Contractor, its officers, agents, employees or subcontractors, or any entity or individual that Contractor shall bear the legal liability thereof.

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For purposes of this Agreement, a “Licensed Design Professional” shall be limited to licensed architects, licensed landscape architects, registered professional engineers, and licensed professional land surveyors, all as defined by current law, and as may be amended from time to time by California Civil Code § 2782.8. (b) Indemnification Provisions Pertaining To Subcontractors And Others Performing Work. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.

10. INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor shall maintain insurance in conformance with the requirements set forth below.

Contractor shall use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. All Sections of this Agreement and any provision in City's Request for Proposal and Contractor's submitted proposal are subordinate to and superseded by the requirements contained in this Section to the extent that any provision or portion thereof conflicts with or impairs these requirements or any obligation to or right under or pursuant to these insurance requirements. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such.

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(a) Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability Insurance – Written on the Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another.
(2) Business Auto Coverage –Written on the ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each person. (3) Workers' Compensation/Employer's Liability Insurance - Written on a policy form providing workers' compensation statutory benefits as required by the State of California. Employer's Liability limits shall be no less than one millions dollars ($1,000,000) per accident or disease. Employer's Liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects City, its officers, officials, employees, or agents. (4) Professional Liability or Errors and Omissions Insurance as appropriate to the Contractor’s profession - Written on policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. (b) Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

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(3) Errors and Omissions Liability: The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement. Insurance shall continue to be effective to cover all claims made within three (3) years of the completion of the work in the Agreement.
(4) Excess or Umbrella Liability Insurance (Over Primary): If used to meet limit requirements, it shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.
(c) Deductibles and Self-Insured Retention. Contractor agrees not to selfinsure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to selfinsure its obligations to City. If Contractor’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or the Contractor to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses or other solutions. Any deductibles in excess of ten percent (10%) or self-insured retention must be approved by the City Manager. (d) Other Insurance Provisions. The general liability, business auto liability, and any necessary umbrella liability policies are to contain, or be endorsed to contain, the following provisions:

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(1) General liability and umbrella policies shall cover the City, its officers, officials, employees, agents, and volunteers are to be additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor.

The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, or volunteers. Endorsements including the additional insured shall be identified on standard ISO endorsement number CG 20 10, attached to an ISO-CGL policy or other form as expressly approved by City, and which does not limit the scope of coverage for the additional insured to vicarious liability or to the additional insured's supervision of a given project. Contractor also agrees to require all contractors and subcontractors to do likewise. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
(4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, and there shall be no cross liability exclusions that preclude coverage for suits between Contractor and City or between City and any other insured.

Contractor expressly waives any claim against City for any covered act or event, and Contractor's insurance policy shall not prevent such waiver. The limits of insurance required herein shall in no way limit the liability of the party providing the insurance. In addition, if the coverage or limits available to Contractor exceed that required by this Agreement, and the loss incurred by the additional insured exceeds the amount required by this Agreement, it is the parties' intent that all such additional coverage and limits available will apply irrespective of the specific coverage or limits required herein.

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(5) No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor’s employees, or agents, from waiving the right of subrogation prior to a loss.

Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. (6) All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
(7) The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change.

If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.
(8) For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
(9) Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
(10) None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(11) No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
(12) All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of

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discovery period) that may affect City’s protection without City’s prior written consent.
(13) The provisions of any workers’ compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. (14) Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. (15) Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.

There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
(e) Acceptability of Insurers. Insurance is to be placed with insurers authorized and admitted to do business in California and with a current A.M. Best's rating of A or better and a financial size of VII or greater, unless otherwise acceptable to the City.
(f) Verification of Coverage and Notice of Cancellation. (1) Contractor shall immediately furnish to City certificates of insurance or endorsements, satisfactory to City, evidencing the insurance coverage above required prior to the commencement of performance of services hereunder. These certificates or endorsements shall provide that such insurance is the minimum, is in no way limited by any provision herein, and allows for the application of all coverage available to the additional insureds. Further, the certificates or endorsements shall require thirty (30) days written notice to additional insured City prior to any termination, suspension, cancellation, or non-renewal, or the reduction of available coverage, or any change in the terms of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of

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cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate.
(2) Contractor agrees that if Contractor commences work under this Agreement without first providing City copies of the required insurance certificates or endorsements, that Contractor does so at its own and sole risk. In the event Contractor's insurance is not acceptable to City or copies of insurance certificates or endorsements are not provided, City shall have no obligations to compensate Contractor for such work unless Contractor possesses a notice to proceed from City for this work.
(3) Within sixty (60) days of the commencement of this Agreement, Contractor shall furnish certified copies of the actual policies and endorsements. Failure to submit such policies shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. If proof of any insurance required under this Agreement is not delivered as required or if such insurance is canceled at any time and no replacement coverage is provided, City shall have the right but not the duty to obtain any insurance it deems necessary to protect its interests under this Agreement, express or implied, in any way relating to City. Any premium for such coverage shall be charged to and promptly paid by Contractor or, at City's option, may be deducted from sums due to Contractor.
(4) In the event of the premature termination of this Agreement for any reason, Contractor agrees to maintain the required insurance coverage until City provides written authorization to terminate the coverage following a review and determination that all liability posed under this Agreement as to the party providing the insurance has been eliminated.
(5) Except as outlined in Section 10(b) (3) above, Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. (6) Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be

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submitted prior to expiration. A coverage binder or letter from Contractor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
(g) Notice of Claim or Loss. Contractor agrees to provide immediate notice to City of any claim or loss likely to involve City or its employees or agents which exceeds $2,500 or is likely to exceed that amount arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
.
(h) Sub-Contractor Insurance Requirements. Contractor agrees to require that all parties, including but not limited to sub-Contractors and additional Contractors or professional services with whom Contractor enters into contracts or whom Contractor hires pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required here, at a minimum.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor acknowledges and agrees that upon request, all agreements with sub-Contractors and others engaged in the project contemplated by this Agreement will be submitted to City for review. Contractor agrees and acknowledges that such contracts may require modification as to the insurance requirements necessary to properly protect City.

11. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for

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compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.

12. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.

13. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Twentynine Palms in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Twentynine Palms will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or subContractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order

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or subpoena.
(b) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or sub-Contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, California 92277
Attention: City Clerk
To Contractor: Culper Consulting
34486 Yale Drive
Yucaipa, CA 92399
Attention: Justin A. Beaver

17. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Because of the personal nature of the services to be rendered pursuant to this Agreement, only Culper Consulting shall perform the services described in this Agreement.

Culper Consulting may use assistants, under its direct supervision, to perform

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some of the services under this Agreement. Contractor shall provide City fourteen (14) days' notice prior to the departure of key team members from Contractor's employ. Should he/she leave Contractor's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.

18. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

19. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Twentynine Palms.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. SEVERABILITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

22. NO PRESUMPTION REGARDING DRAFTER OF THIS AGREEMENT
The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same.

Because of the nature of such negotiations and discussions, it would be

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inappropriate to deem any party to be the drafter of this Agreement, and therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.

23. ATTORNEY’S FEES
If any action at law or suit in equity, including an action for declaratory relief, is brought by either party with respect to this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, in addition to any other relief to which it may be entitled, and such amount may be added to, and made a part of, such judgment.

24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TWENTYNINE PALMS
By:___________________________
Stone James, DPPD, City Manager
Attest:
________________________________
Cindy Villescas, City Clerk
Approved As to Form:
________________________________
Patrick Munoz, City Attorney
CONTRACTOR: CULPERCONSULTING
By:___________________________
Justin A. Beaver, Principal (Signature)
Justin A. Beaver _________
(Typed Name)
Its:_ __Principal _________________
By:_____________________________
(Signature)
________________________________
(Typed name)
Its:_____________________________
Stone James (Apr 16, 2026 17:58:02 PDT)

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EXHIBIT A

TASKS TO BE PERFORMED /
CONTRACTOR’S PROPOSAL

Culper Consulting LLC | Executive Safety Advisory | www.culperca.com

CONSULTING SERVICES PROPOSAL
Code Compliance, Municipal Code Development, and Homeless Strategic Plan Development
Submitted by: Justin Beaver Principal Consultant Culper Consulting LLC Submitted to: Stone James, City Manager - City of Twentynine Palms, California Date: April 16th, 2026
Prepared for City Manager Review
I. INTRODUCTION
The City of Twentynine Palms is a unique high-desert community serving a population of approximately 26,000 residents, with additional daily population impacts from tourism, seasonal visitation, and proximity to the Marine Corps Air Ground Combat Center. Like many California desert cities, Twentynine Palms faces distinct code enforcement and quality-of-life challenges related to geographic size, environmental conditions, limited resources, and evolving state mandates.

This proposal provides three, clearly defined scopes of work. Each is designed to strengthen safety, efficiency, legal defensibility, operational consistency, and policy clarity while remaining practical for staff implementation.

II. 1 – CODE COMPLIANCE POLICY MANUAL & SB 296 COMPLIANCE This provides development of a comprehensive Code Compliance Policy and Procedures Manual tailored to the operational realities of the City of Twentynine Palms with limited staffing and broad enforcement responsibilities.

Scope of Work:
 Review current enforcement practices and documentation  Develop a City-specific Code Compliance Policy Manual  Integrate SB 296 safety requirements
 Establish consistent inspection, notice, citation, appeal, and abatement procedures

Culper Consulting LLC | Executive Safety Advisory | www.culperca.com Deliverables:
 City-branded Policy & Procedures Manual
 SB 296 compliance checklist
Delivery Timeline:
 Project kickoff upon authorization
 Draft manual delivered within 21 days
 Final manual delivered within 5 days of draft approval III. 2 – MUNICIPAL CODE DEVELOPMENT & LEGAL LIAISON SERVICES This focuses on strengthening the City's enforcement authority through targeted municipal code updates, direct coordination with the City Attorney, and preparation of Council-ready materials.

Scope of Work:
 Review existing enforcement-related ordinances
 Draft recommended amendments and/or new code sections  Liaison with City Attorney's office
 Prepare staff report and ordinance summaries
 Conduct or support City Council presentation
Deliverables:
 Draft ordinance language
 Staff report and presentation materials
Delivery Timeline:
 Project kickoff within 1 weeks of authorization
 Draft code amendments within 30 days
 Final ordinance package within 60 days (subject to City Attorney review timelines)

Culper Consulting LLC | Executive Safety Advisory | www.culperca.com IV. 3 – HOMELESS STRATEGIC PLAN DEVELOPMENT
This option provides a legally defensible and operationally realistic Homeless Strategic Plan tailored to the City's public space constraints and service availability.

Scope of Work:
 Assess current homelessness-related impacts
 Review enforcement practices in light of current case law  Develop a City-specific Homeless Strategic Plan
 Establish clear roles for Code Enforcement, Police, and partner agencies Deliverables:
 Homeless Strategic Plan document
 Implementation roadmap
Delivery Timeline:
 Project kickoff within 1 weeks of authorization
 Draft strategic plan within 20 days
 Final strategic plan within 10 days of draft approval V. FEE SUMMARY AND TERM
Culper Consulting LLC recognizes that the standard market rate for the full scope of work outlined in this proposal would reflect a higher valuation. Out of respect for the working relationship with City Manager Stone James and a genuine commitment to supporting the City of Twentynine Palms, the combined fee for all three options has been reduced accordingly.

Combined Project Fee: $17,000

Culper Consulting LLC | Executive Safety Advisory | www.culperca.com VI. INTELLECTUAL PROPERTY & PUBLIC USE
All documents, manuals, policies, strategic plans, and related written materials produced by Culper Consulting LLC under this proposal are intended for public release and use by the City of Twentynine Palms in the normal course of municipal operations.

Notwithstanding their public nature, all such materials remain the copyrighted intellectual property of Culper Consulting LLC. The City is granted a perpetual, non-exclusive, royaltyfree license to use, reproduce, and publicly distribute the materials for official City purposes. The materials may not be resold, sublicensed, or materially reused by third parties outside of City operations without the prior written consent of the Consultant.

Nothing in this proposal shall be interpreted as a transfer of copyright ownership.

VII. ACCEPTANCE & AUTHORIZATION
Should you desire one or more of the options for services, these will be outlined in a professional services agreement.

Respectfully,
J. Beaver
Justin A. Beaver
Founder / Principal Consultant
Culper Consulting, LLC

CODE ENFORCEMENT POLICIES AND

PROCEDURES MANUAL
EƯective June 1, 2026

2 PC 829.5 “(a) “Code enforcement oƯicer” means any
person who is not described in Chapter 4.5
(commencing with Section 830) and who is employed by
any governmental subdivision, public or quasi-public
corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement
authority for health, safety, and welfare requirements, whose duties include enforcement of any statute, rule,
regulation, or standard, and who is authorized to issue citations, or file formal complaints.

3 TABLE OF CONTENTS

1. Introduction

2. Chain of Command

3. Standards of Conduct

4. Training

5. Uniform Regulations

6. Code Enforcement Complaints

7. Identifying and Prioritizing Code Cases

8. Initial Steps to Starting a Case

9. Notices

10. Procedures Regarding Citations

11. Requests for Extension

12. Search and Seizure

13. Documentation

14. Additional Steps to Obtain Compliance

15. Referrals to City Attorney

16. OƯicer Safety

17. Code Enforcement Policies & Procedures Manual Acknowledgement

4 CHAPTER 1 – INTRODUCTION________________________________________________ The Code Enforcement Policies and Procedures Manual (hereafter referred to as the Manual), is a statement of the current policies, rules, and guidelines of this job function and is supplemental to all other City policies and procedures. All code enforcement personnel must obey all policies of the City of Twentynine Palms. All members are to conform to the provisions of this manual.

All prior and existing code enforcement manuals, orders and regulations that conflict with this manual are rescinded.

Except where otherwise expressly stated, the provisions of the Manual shall be considered as guidelines. It is recognized that the work of code enforcement is not always predictable, and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this department under the circumstances reasonably available at the time of any incident.

The Manual shall serve as a tool for Code Enforcement Officers in performing their normal duties related to the goal of obtaining voluntary compliance. Additionally, the Manual provides guidance to general staff regarding the processing of Code violation cases. Code Enforcement personnel shall use various techniques to assure compliance with State and local laws relating to building and zoning requirements, health and safety concerns, property maintenance standards, and other land use laws and regulations. Its goal is to obtain voluntary compliance from citizens first. Each case is unique and a "one size fits all" solution does not always work.

Code Enforcement staff should maintain ethical standards and strive to be firm, fair, and friendly.

The California Association of Code Enforcement Officers defines a Code Enforcement Officer's goal as one that serves the community to safeguard lives and property and to respect the Constitutional rights of all members of the community. Code Enforcement Officers strive to achieve several objectives. They make decisions free from prejudice, honor the spirit and letter of the law, and safeguard public confidence by conducting themselves in a manner that maintains public trust.

The City of Twentynine Palms is committed to maintaining quality of life through obtaining compliance in enforcing a variety of city and state codes and regulations. Code Enforcement personnel shall uniformly and fairly enforce codes and regulations and shall assign high priority to the abatement of violations that may constitute potential threats to public health or safety or that may cause significant environmental damage. The Manual supplements the adopted City of Twentynine Palms Personnel Policies and Procedures Manual and City of Twentynine Palms Code Enforcement Safety Procedures.

5 CHAPTER 2 - CHAIN OF COMMAND___________________________________________ All Code Enforcement personnel shall follow the established chain of command. The chain of command exists to ensure that all employees at all levels have a designated supervisor to whom they can direct questions or report problems. It also provides a structured flow of instructions downward and accountability upward. All personnel are expected to respond to direction, particularly from those in a supervisory role, in a manner that maintains respect and avoids any appearance of insubordination or confrontation.

The chain of command structure begins with the City Manager, followed successively by the Assistant City Manager, the Community Development Director, and the Code Enforcement Officer. When it becomes necessary to contact someone in management, employees shall start with their immediate supervisor. For example, a Code Enforcement Officer would first contact the Community Development Director. If the Community Development Director is unavailable, the next step would be to contact the Assistant City Manager.

CODE ENFORCEMENT DIVISION
The Code Enforcement Division (CED) is responsible for the investigation of Twentynine Palms Municipal Codes (TPMC), building codes, Health and Safety Code violations, ordinances or local and state laws pertaining to complaints.

These complaints and violations are reported to the CED in a variety of ways:
- Citizen complaint
- Telephone
- Dispatch
- Mail
- Email
- Request for service through the CitizenServe complaint portal - In person
- City staff
- City council
- Outside agencies
- Proactive discovery and enforcement
Code enforcement cases are generally divided into five categories: Nuisances, Zoning, General, Building Code and Health & Safety. Code violations are grouped within each main category as represented in the following table.

6 NUISANCE ZONING GENERAL BUILDING CODE HEALTH
AND
SAFETY
Abandoned vacant
structures
Home
occupation
Noise Garage conversion Unsanitary living
conditions
Outdoor storage Weed
abatement
Unsafe structure
Graffiti
Broken windows
Overgrown hazardous
vegetation
Business
license
Setback
encroachment
Abandoned
vehicle
abatement
Massage parlor
checks
Inadequate pool
enclosure
Illegal dwelling unit
(ADU’s)
Hoarders
Lack of hot and cold
running water
Lack of adequate
heating
Trash and debris Animal keeping
Land use
violations
Display of adult
material
Unpermitted
construction
Unpermitted
mechanical
Lack of required
electrical lighting
Private
street/Easements
maintenance
Vehicle repair
(residential)
Conditions of
approval
Food vendors/
Sidewalk
vendors
Unpermitted
electrical
Unpermitted
plumbing
Pest/Vermin
infestation Unsafe
electrical
Inoperable vehicles on
private property
Prohibited signs
(residential and
commercial)
Substandard housing Structural
hazards/Dilapidated
structures
Swimming pools /
stagnant water
Political signs Mold
Encroachment
Salvage materials,
hazardous and
unsightly material in a
public view
Signs w/o
permits
Banners w/o
permits
Signs in PROW
Lack of connection
to required disposal
sewage system
Trash containers
stored public view
Real estate
signs Yard sale
signs
*Not inclusive of all possible code enforcement violations.

7 The CED also provides direct investigative and support responses to the following internal and external agencies when requested, including but not limited to:
- Planning
- Building & Safety
- Administration
- City Council
- City Attorney
- Community Service
- Public Works
- Twentynine Palms Police Department
- San Bernardino County Fire
- San Bernardino County Animal Control
- San Bernardino County Environmental Health
- San Bernardino County Vector Control
- San Bernardino County Department of Mental Health

8 CHAPTER 3 - STANDARDS OF CONDUCT_______________________________________ Employees shall conduct themselves, whether on or off duty, in accordance with the United States and California constitutions and all applicable laws, ordinances, and rules enacted or established pursuant to legal authority. Employees shall familiarize themselves with policies and procedures and are responsible for compliance with each. Employees should seek clarification and guidance from supervisors in the event of any perceived ambiguity or uncertainty.

Discipline may be initiated for just cause as provided for in the City of Twentynine Palms personnel policies and procedures. This policy is not intended to cover every possible type of misconduct.

CAUSES FOR DISCIPLINE
The following are illustrative causes for disciplinary action. This list is in addition to causes for discipline listed in the City's Personnel Policies and Procedures Manual and is not intended to cover every possible type of misconduct and does not preclude the recommendation of disciplinary action for violation of other rules, standards, ethics and specific action or inaction that is detrimental to efficient department service:

Relationships
a. Unwelcome solicitation of a personal or sexual relationship while on duty or through the use of one's official capacity.
b. Engaging in on-duty sexual activity, including but not limited to sexual intercourse, excessive displays of public affection, or other sexual contact.
c. Establishing or maintaining an inappropriate personal or financial relationship, as a result of an investigation, with a known victim, witness, suspect, or defendant while a case is being investigated or prosecuted, or as a direct result of any official contact. d. Associating with or joining a criminal gang, organized crime, and/or criminal syndicate when the member knows or reasonably should know of the criminal nature of the organization. This includes any organization involved in a definable criminal activity or enterprise, except as specifically directed and authorized by this division.
e. Associating on a personal, rather than official basis, with persons who demonstrate recurring involvement in serious violations of state or federal laws after the employee knows, or reasonably should know, of such criminal activities, except as specifically directed and

9 authorized by the employee's supervisor.
f. Officers shall not fraternize with suspects, victims, or witnesses of an official police or code enforcement investigation on duty, or make arrangements for fraternization after normal duty hours, unless such fraternization is for the purpose of conducting an official investigation, and the officer's immediate supervisor has authorized the investigation.

Unauthorized Access, Disclosure, or Use
a. Unauthorized and inappropriate intentional release of confidential or protected information, materials, data, forms, or reports obtained as a result of the employee's position with the City. b. Disclosing to any unauthorized person any active investigation information, unless the disclosure is mandated by law.
c. The use of any information, photograph, video, or other recording obtained or accessed as a result of employment or appointment for personal or financial gain or without the express authorization of the employee's supervisor.
d. Loaning, selling, allowing unauthorized use, giving away, or appropriating any City property for personal use, personal gain, or any other improper or unauthorized use or purpose. e. Using City resources in association with any portion of an independent civil action. These resources include but are not limited to personnel, vehicles, equipment, and non-subpoenaed records.

Performance
a. Omissions or misrepresentations of material facts or making any false or misleading statement on any application, examination form, or other official document, report or form, or during the course of any work-related investigation.
b. The falsification of any work-related records, making misleading entries or statements with the intent to deceive or the willful and unauthorized removal, alteration, destruction and/or mutilation of any City record, public record, book, paper or document. c. Failure to participate in, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a position of authority, in connection with any investigation or in the reporting of any City related business.

10 Conduct
a. Failure of any employee to promptly and fully report activities on his/her part or the part of any other employee where such activities resulted in contact with any law enforcement agency or that may result in criminal prosecution or discipline under this policy. b. Unreasonable and unwarranted force to a person encountered or a person under arrest. c. Unauthorized or unlawful fighting, threatening, or attempting to inflict unlawful bodily harm on another.
d. Engaging in horseplay that reasonably could result in injury or property damage. e. Discourteous, disrespectful or discriminatory treatment of any member of the public or any City employee.
f. Use of obscene, indecent, profane, or derogatory language while on duty or in uniform.

11 CHAPTER 4 – TRAINING______________________________________________________ The City shall provide a training program that will meet the standards of federal, state, local, CACEO and California POST training requirements. It is a priority of the City to provide continuing education and training for the professional growth and development of its employees.

City of Twentynine Palms Code Enforcement Officers are encouraged to continue to obtain training and education in an effort to improve the process of reaching compliance. The City seeks to provide ongoing training and encourages all personnel to participate in advanced training and formal education on a continual basis. Training is provided within the confines of funding, requirements of a given assignment, staffing levels, and legal mandates. Whenever possible, the City will use courses certified by the California Commission on Peace Officer Standards and Training (POST), and the California Association of Code Enforcement Officers (CACEO) as well as various other resources.

CACEO CERTIFICATE
Officers are encouraged to attend the annual California Association of Code Enforcement Officers Conference in order to keep their certification up to date and receive continuing education units (CEUs) every year. The Annual Conference provides updates on important laws pertaining to Code Enforcement, information on new codes, Senate Bills and/or Assembly Bills pertaining to Code Enforcement, officer safety training, provides refresher courses to preserve knowledge, etc.

12 CHAPTER 5 - UNIFORM REGULATIONS________________________________________

UNIFORM AND EQUIPMENT SPECIFICATIONS
The Uniform and Equipment Specifications are established to ensure that uniformed officers will be readily identifiable to the public through the proper use and wearing of department uniforms.

Furthermore, they are to provide familiarity with equipment when it must be exchanged between officers during an emergency situation. These specifications are maintained and periodically updated by the Community Development Director or their designee. These specifications should be consulted regarding authorized equipment and uniform. The City will provide uniforms for all employees required to wear them in the manner, quantity, and frequency agreed upon in the respective employee group's collective bargaining agreement.

Wearing and Condition of Uniform and Equipment
Code Enforcement Officers wear the uniform to be identified as the Code Enforcement authority in society. The uniform also serves an equally important purpose to identify the wearer as a source of assistance in an emergency, crisis, or other time of need. a. Uniform and equipment shall be maintained in a serviceable condition and shall be ready at all times for immediate use. Uniforms shall be neat, clean, and appear professional. Unless otherwise expressly authorized by the Department for a particular uniform, assignment, or issued garment, uniform shirts and any other duty shirts worn as part of the employee's required attire shall be fully tucked into the employee's pants or trousers while on duty, while representing the Department, and while in any public-facing setting. Supervisors may require immediate compliance with this standard and may authorize limited exceptions only where necessary for safety, tactical, training, or operational purposes.
b. All officers shall possess and maintain at all times, a serviceable uniform and the necessary equipment to perform uniformed field duty.
c. All supervisors will perform periodic inspections of their personnel to ensure conformance to these regulations.
d. Uniforms are only to be worn while on duty, while in transit to or from work, for court, or at other official City functions or events.
e. If the uniform is worn while in transit, an outer garment shall be worn over the uniform shirt so as not to bring attention to the employee while he/she is off duty.

13 f. Employees are not to purchase or drink alcoholic beverages while wearing any part of the department uniform.
g. Mirrored sunglasses will not be worn with any Department uniform. h. Visible jewelry, other than those items in this policy, shall not be worn with the uniform unless specifically authorized by the employee's supervisor.

UNIFORM REGULATIONS
a. Shirt: 5.11, Propper (brand) or similar black polo shirt, black, cloth badge, name embroidered in gold, "CODE ENFORCEMENT" stenciled in 2 1/2" Gold letters on back. Short-sleeve or long-sleeve may be worn. The shirt may not be worn if it fades from the original color. b. Pants: Blue jeans with proper fit and color retention, or Black, Grey or Tan cargo or 5.11 type pants.
c. Duty Jacket: L.A.P.D. black nylon, front zipper only, removable collar, badge patch, and cloth nametag with the officer's last name in gold block letters above the right breast pocket. d. Shoes: Sturdy boots or cowboy/cowgirl boots which afford the wearer the appropriate level of safety for uneven terrain and puncture resistance.
e. T-Shirt: Black crew neck. A short-sleeved T-shirt must be worn with a short-sleeved uniform shirt. A long-sleeved t-shirt may only be worn with a long-sleeved uniform shirt. f. Optional load-bearing vest: Officers wearing the Class C uniform may wear a load-bearing vest within the following guidelines:

1. The load-bearing vest must be maintained in clean, professional, and serviceable condition at all times.

2. The only authorized load-bearing vest is the one issued by the City or authorized by a supervisor.

3. The vest cover shall be black and shall clearly display the issued Code Enforcement patches and the officer's name.

4. The front lettering shall be 1" tall with an overall length of 5". The rear lettering shall be 3 3/4" tall, with an overall length of 11".

5. A cloth badge shall be affixed to the front of the upper left side.

6. The pockets shall be sewn or attached onto the vest. The design, type, and location of each pouch will be at the officer's discretion. The only exception is the taser holster shall be mounted so that it can only be drawn with the officer's non-dominant hand.

14 7. The City approved jacket may be worn with the load bearing vest. It shall only be worn under the load bearing vest. No external jacket shall be worn covering the load bearing vest other than an approved raincoat during inclement weather.

HIGH VISIBILITY SAFETY VESTS
This policy sets forth circumstances that require the use of "High Visibility Safety Vests" while performing certain duties within the right-of-way of a Federal-aid highway to ensure the safety of field personnel while performing certain traffic related activities, as per Federal Rule 23 C.F.R. Part 634 - Worker Visibility (High-Visibility Vests). a. Issuance of High-Visibility Vests.

All department personnel who perform duties in the field will be issued lime or yellow highvisibility safety vests. Field personnel include Code Enforcement Officers. b. Use of High Visibility Vests
All Code Enforcement personnel shall wear a department-issued "high-visibility safety vest" while performing certain duties within the right-of-way of a Federal-aid highway.

These duties include:
a. Directing traffic
b. Enforcement checkpoints
c. Traffic control and or anytime the officer is within the roadway. d. Handling lane closures and obstructed roadways
e. Assisting during a disaster, traffic collision or roadway incident.

Personnel are exempt from donning their high visibility vests during enforcement, emergent and similar type "sudden encounter" activities.

BADGES
The uniform badge shall be issued to Code Enforcement personnel as a symbol of faith, trust, and authority. The use and display of badges shall be in strict compliance with this policy. Only authorized badges issued by the City shall be displayed, carried, or worn by members while on duty or otherwise acting in an official or authorized capacity.

Badges and identification cards issued to personnel shall be clearly marked to reflect the position of the assigned employee.
a. Professional staff personnel shall not display any department badge except as a part of his/her

15 uniform and while on duty or otherwise acting in an official and authorized capacity. b. Professional staff personnel shall not display any badge or represent him/herself, on or off duty, in such a manner which would cause a reasonable person to believe that he/she is a sworn peace officer.

GROOMING STANDARDS
Unless otherwise stated and because deviations from these standards could present officer safety issues, the following appearance standards shall apply to all employees, except those whose current assignment would deem them not appropriate, and where their supervisor has granted exception. Employees are expected to demonstrate a demeanor and appearance that is professional, businesslike, neat, and clean.

HAIR
The hairstyles of all employees shall be neat in appearance, clean, neatly trimmed or arranged, and have a professional and businesslike appearance. Shaggy, unkempt hair is not acceptable.

For male uniformed personnel, hair must be clean, combed, neatly trimmed above the ears, not extend below the top edge of the uniform collar while assuming a normal stance, and have a professional and businesslike appearance. For female uniformed personnel, hair must be clean, neatly arranged or worn up in a tightly wrapped braid, bun, or ponytail and have a professional and businesslike appearance.

FACIAL HAIR
Facial hair other than sideburns, mustaches, beards, and eyebrows shall not be worn, unless authorized by the supervisor.

FINGERNAILS
Fingernails extending significantly beyond the tip of the finger can pose a safety hazard to officers or others. For this reason, fingernails shall be trimmed so that no point of the nail extends more than 1/4 inch or 0.5cm beyond the tip of the finger.

JEWELRY
For the purpose of this policy, jewelry refers to rings, earrings, necklaces, bracelets, wristwatches, and tie tacks or tie bars. Jewelry shall present a professional image and may not create a safety concern for the employee or others. Jewelry that depicts racial, sexual,

16 discriminatory, gang-related, or obscene language is not allowed. a. Necklaces shall not be visible above the shirt collar. b. Earrings shall be small and worn only in or on the earlobe. Two (2) sets of reasonably sized earrings may be worn in each ear lobe. A single (1) stud or ring may be displayed in one (1) nose if it does not exceed 1/2 inch in size. Any non-conforming piercing insert not mentioned herein shall be removed, covered, or replaced with a clear insert. c. One ring or ring set may be worn on each hand. No rings should be of the type that would cut or pose an unreasonable safety risk to the employee or others during a physical altercation if the employee is assigned to a position where that may occur. d. Wristwatches shall be conservative and present a professional image. e. One small bracelet may be worn.

Exceptions
Exceptions to these standards may be made when the nature of an assignment or medical condition requires or permits noncompliance with this policy.

Exemptions
Employees who seek exemptions to this policy that are protected by law should generally be accommodated (Government Code 12926). An employee with an exemption may be ineligible for an assignment if the individual accommodation presents a security or safety risk. The employee's supervisor should be advised any time a request for such an accommodation is denied or when an employee with a cultural or other exemption is denied an assignment based on a safety or security risk.

17 CHAPTER 6 - CODE ENFORCEMENT COMPLAINTS____________________________ There are two ways for a code enforcement case to be originated: (1) complaints received known as reactive enforcement, (2) proactive enforcement. The City relies on citizen complaints to help identify violations requiring the attention of Code Enforcement Officers known as Reactive Enforcement. In addition, staff may become aware of violations through the direct observation of activities being conducted and violations observed from the public right of way known as Proactive Enforcement.

The following guidelines establish procedures for code enforcement case origination and creation. Staff shall maintain the confidentiality of all reporting parties' names. Reporting parties' names will be released only to the courts if a case is being prepared for legal action and will not be released to the City Council or other members of the public unless authorized by the City Attorney. The case should be entered into the City's Code Enforcement tracking software (CitizenServe) and scheduled for an inspection to determine the next steps.

COMPLAINT FORM
A complaint form should include the complainant’s name, contact information, location of the alleged violation, and a description of how the condition affects the complainant.

Failure to provide contact information may limit the City’s ability to investigate or pursue enforcement action.

This requirement does not apply to anonymous complaints submitted in accordance with this policy.

COMPLAINTS SUBMITTED VIA EMAIL OR THE CITIZENSERVE COMPLAINT PORTAL Complaints received via email or through the CitizenServe complaint portal will be accepted provided it contains complainant contact information, type of violation, address/location of subject property, and how the complainant is directly affected. A response to the complainant requesting required information or additional information shall be sent if needed.

Any complaints received via the online complaint system shall be monitored by each officer daily to ensure a timely response time. The CitizenServe app should be downloaded and installed to the officer's work cell phones in order to receive the complaints when out in the field. If a complaint comes in, the area officer shall assign it to themselves and the complaint should be inspected within the time frames identified in the priority chart / response time table contained in this policy.

18 ANONYMOUS COMPLAINTS
Anonymous complaints may be accepted and evaluated on a case-by-case basis.

The decision to investigate an anonymous complaint shall be based on the nature and severity of the alleged violation, the availability of independent verification, and potential impacts to public health and safety.

Anonymous complaints that cannot be independently verified may be closed without further action.

CONFIDENTIAL COMPLAINTS
Complaints received from citizens, other agencies, or staff should be kept confidential.

Complaints regarding code enforcement violations from the public are received via the CitizenServe complaint portal, by phone call, in person, or by a letter to staff. Complainant identity shall be considered confidential information not subject to disclosure. Code Enforcement Officers shall not release the name of the reporting party. If a Public Records Act request for code enforcement materials is submitted, the officer shall immediately route the request to the City Clerk.

Allegations of violations from anonymous persons (which include both those persons who fail to provide contact information to Code Enforcement as well as those who provide contact information but ask to remain anonymous) may be investigated at the Community Development Director's discretion. If the Community Development Director authorizes an investigation to occur, and no violation can be independently determined by the Code Enforcement Officer, the case may be closed.

In order for an apparent violation that was witnessed solely by a complainant or Reporting Party (R/P) to move forward to the enforcement stage, the R/P shall be agreeable to providing testimony (at an administrative hearing, court proceeding, and/or via a declaration signed under penalty of perjury) if necessary. This requirement is in addition to Code Enforcement's request for additional information from the R/P substantiating their allegations.

RECORDING COMPLAINTS
To the extent possible, all complaints received shall be maintained in the City of Twentynine Palms Code Enforcement records. The complaints shall be entered into the records with the following information:

1. Case Number

2. Complainant's name, email and telephone number

19 3. The subject property location

4. Type of complaint.

DUPLICATE COMPLAINTS ON AN OPEN CASE
If a new complaint is received for a property which already has an open code enforcement case, the officer shall take the necessary information about the location, or any additional information from the Reporting Party (RP) and update the case file with additional complaint information.

CLOSING A CASE
Cases are created to abate specific violation(s) of the Twentynine Palms Municipal Code or State law. Once these violations are resolved, abated, or found invalid, the case shall be closed and recorded as such in the City's Code Enforcement tracking software (CitizenServe). In some cases, charges may be brought up again for the same code violation, if the condition previously abated develops again within a 12-month period.

COMPLAINTS ABOUT A CASE OR OFFICER
If the caller is complaining about a case or officer, refer the complainant directly to the Community Development Director to address the complaint.

COMPLAINTS NOT WITHIN THE SCOPE OF CODE ENFORCEMENT
The following complaints shall be directed to the appropriate department. It is expected that code enforcement will facilitate transferring complaints to the appropriate department. Some examples include:
o Law Enforcement - refer to Twentynine Palms Police Department (San Bernardino County Sheriff’s) dispatch.

Example: Parking on the street, drug houses, stolen property, etc. o Animal Issues - San Bernardino County Animal Control 1(800)-472-5609 Officers may address any zoning violations if applicable. o Smoke/Dust/Smog/Odor - AQMD
1(800)-CUT-SMOG or 1(800)-288-7664

REQUESTS FOR INFORMATION / UPDATES ABOUT A CASE
When case specific information is requested by anonymous callers or reporting parties via telephone or email, Code Enforcement Staff are authorized to provide only the following

20 information, unless the Community Development Director, or his/her designee, directs staff otherwise:

1. Case number

2. Status of investigation (active or closed)

3. Contact information for assigned officer
Inform the caller that the information is limited, due to the California Public Records Act.

If additional information is requested, either by an anonymous caller, a reporting party, or a violator, Code Enforcement staff must direct the public to make all requests for records or caller information disclosure, in writing, to the City Clerk Department. The process for submitting a public records request can be found on the City website under the City Clerk Department page.

The Community Development Director shall approve or deny the request for public records or callers' information. When a request for public records is approved, Code Enforcement staff shall obtain a copy of the file and redact privileged information as necessary.

If a request for a public record or caller information disclosure is made involving a case, the request shall be forwarded to the Community Development Director. The Community Development Director will ensure the request is routed to the City Attorney for review.

21 CHAPTER 7 - IDENTIFYING AND PRIORITIZING CODE CASE___________________ The City prioritizes the identification and abatement of Code violations affecting the health and safety of Twentynine Palms residents, employees, and visitors. The City also prioritizes the abatement of violations that cause or have the potential to cause environmental harm. Nuisances and other violations that do not have an immediate potential for harm to people and/or the environment will be lower priority cases. Those cases where reasonable progress towards the abatement of identified violations is not feasible, where there is noncompliance for an extended period of time, or where there is noncompliance after the fifth (5th) citation, shall be referred to the Community Development Director for review and approval to turn the case over to the City Attorney's office for legal enforcement action(s). In all cases, the City seeks to avoid Code Enforcement actions that result in the permanent loss of dwelling units except in cases where a unit was constructed in violation of the applicable zoning ordinance in place at the time, or where a unit cannot be feasibly rehabilitated to meet health and safety requirements.

PRIORITY LEVELS
To ensure efficiency, the City has developed the priority chart response times based upon the percentage of cases resolved and how much time it takes a Code Enforcement Officer to perform an Initial Response from the date the complaint is logged. Working days shall be defined as days in which City Hall is open for business. Weekends, City holidays as well as days when the office is closed for regular business due to a declared or posted emergency do not constitute as working days.

For the Initial Response indicator, cases are prioritized in the following manner:

Priority 1 - Violations that present an imminent threat to public health and safety (health and safety complaints include unsanitary living conditions, homeless encampments, unsafe structures, dilapidated structures, law enforcement requests, fire damaged structures, substandard conditions, attractive nuisances, sewage leaks, etc.). Cases shall be responded to as soon as possible but no later than 24 hours for initial response.

Priority 2 - Violations that do not constitute an immediate or readily apparent threat to health and safety (illegal dumping, overgrown vegetation, unpermitted construction actively taking place, etc.). Cases shall be responded to within two (2) business days for an initial response.

Priority 3 - Non-Safety related complaints (zoning, graffiti, business license, setback violations,

22 etc.) and any other complaints alleging violations that do not fall within priority 1 and 2 should be processed in the order in which the complaints are received and as code enforcement resources allow. Cases shall be inspected within three (3) business days for initial response.

NOTE: THE LEVEL OF PRIORITY MAY CHANGE ON ANY COMPLAINT DEPENDING ON THE NATURE OF THE PROBLEM, VIOLATION, OR SOURCE.

PRIORITY CHART/RESPONSE TIME
PRIORITY 1 (Within 24 Hours):
- Unsafe dilapidated structure
- Unsecured Structure
- Inadequate pool enclosure
- Stagnant water
- Overgrown hazardous vegetation or Weed abatement
- Sewer Leaks
- Salvage materials, hazardous and unsightly material in a public view - Lack of utilities
- Fire hazards
- Recently fire damaged structures
- Other imminent health and safety concerns
- Substandard housing
PRIORITY 2 (Within 2 Business Days):
- Noise
- Vendor w/o permits
- Business license
- Animal keeping
- Active unpermitted construction
- Broken windows
- Building, electrical, plumbing, and mechanical violations - Trash / debris
- Deteriorated private street / watering / overspray / Easements - Illegal parking on private property
- Vehicle repair (residential)
- Encroachment
- Abandoned Vehicle Abatement
- Fence/Wall violations
- Garages illegally converted to living space
- Inoperable vehicles

23 PRIORITY 3 (Within 3 Business Days):
- Unpermitted construction
- Property maintenance
- Setback violations
- Unpermitted businesses
- Zoning violations
- Graffiti
- Conditions of approval
- Unpermitted signs
- Display of adult material
- Signs in PROW
*Not inclusive of all possible code enforcement violations.

24 CHAPTER 8 - INITIAL STEPS TO STARTING A CASE_____________________________ The Code Enforcement staff, or the complainant, if they are making a complaint in person, shall first complete a complaint form. Once the complaint form is filled out, the following actions shall then occur.

Code Enforcement staff shall open a case in CitizenServe and enter the information given, including the reporting party's contact information, address where the violation exists, and violations reported. This case shall be handed off to the corresponding area Code Enforcement Officer the day the complaint is received.

The Code Enforcement Officer will research the property before conducting an inspection and get familiar with any prior history at that address. Once they have done this, they can initiate an investigation to determine if a violation(s) exists and shall follow the timeframe given on the violation(s) priority level. (See priority chart).

Code Enforcement Officers shall contact the property/business owner, or the tenant where the violation may exist in order to get permission to enter the property and investigate the complaint.

Where it is found that the Officer cannot make contact with someone at the property, they may contact the reporting party in order to get more information or to get access to their property in order to observe the violation reported. A phone conversation can also help clear the property owner/tenant of any wrongdoing or may give clarity of the facts of a potential violation. If communication in person or by phone proves not to be feasible, and an initial inspection does not garner the needed facts, the case shall be deemed unfounded.

In all cases in which a violation exists, the Code Enforcement Officer shall provide the owner(s) and/or any other person(s) responsible for violations with a Courtesy Notice in person if able, or via certified mail. The Courtesy Notice should provide a summary and description of the apparent code violation and the City's remedies, and courses of action that may be pursued to resolve the violations.

Officers should allow a reasonable amount of time and opportunity for correction of the violations before moving on to the second notice or (Warning). While the amount of time allowed for compliance may vary, depending on the circumstances, those circumstances should be well documented in the case notes to justify the period of time allowed for compliance or cure.

25 If the violation/s are unfounded, the Code Enforcement Officer must add to the case notes a narrative of the violations that have been unfounded and get the case closure approved by their supervisor.

CHAPTER 9 – NOTICES_______________________________________________________ The information provided in Chapter 19.146 and 1.04 of the Twentynine Palms Municipal Code is intended to provide the City with an additional means of obtaining compliance, either independently or in combination with other steps outlined herein, through the issuance of a Courtesy Notice, the issuance of a Warning Notice, and the use of several abatement options if the responsible party fails to voluntarily abate the nuisance. Any person owning, leasing, occupying, or having charge or possession of any premises in the City are required to maintain such premises in such manner to avoid being injurious to public health, indecent or offensive to the senses, or an obstruction to the free use of property, or interfering with another person's reasonable use and enjoyment of their property.

MANNER OF GIVING NOTICE
All initial attempts to give notice and obtain compliance shall be attempted by friendly, professional, in-person contact. The ultimate goal of any Code Enforcement Officer in these situations is voluntary compliance and it is the City's belief that good customer service starts with face-to-face conversation.

If the person(s) in charge of the premises is unable to be contacted and or the Officer feels giving an in-person notice would be an officer safety concern, the officer shall document these attempts or concerns in the case notes. If notices are mailed, the courtesy notice shall be sent via regular mail, and the second notice (Warning) shall be sent by certified or registered mail with signature proof of delivery. Notice shall be deemed effective when contact has been made with the person(s) in charge of the premises, the posting has occurred, or the notice has been deposited in the mail. Regardless of the manner of giving notice, the Code Enforcement Officer must prepare a proof of service and maintain a copy in their records.

CITATION BOOKS
Citation books, either criminal, traffic, administrative or parking are triplicate forms which officially tell a violator if they have violated the law and the means to manage that citation usually by means for correction, fine and or court.

As it relates to this policy, Code Enforcement Department Officers are issued and assigned Administrative and Parking citations.

26 It is the intent of this department to prioritize a community-oriented approach to issuing administrative and parking citations. This approach prioritizes in-person engagement and education with a goal of fostering relationships between Code Enforcement and the public.

Generally, Code Enforcement Officers should attempt to issue warnings, courtesy notices and or violations citations using these citation books vs issuing warnings, notices and violations citations via mailed letters, as field citations foster communication and the opportunity to engage with the violator. Should the violator not be able to be contacted in person or there is an articulable safety reason for not contacting the violator in person, mailed citations are appropriate.

COURTESY NOTICE
A Courtesy Notice is given first upon discovery of code violations. The notice should give the property owner, tenant, or business owner 15 days to come into compliance. If the code violation still exists after 15 days, a Notice of Violation (Warning) shall be issued.

The Courtesy Notice shall include the following information:

1. The date(s) of the follow-up inspection, if any.

2. The code section violated and a description of the violation.

3. The street address, assessor's parcel number and/or, if necessary, a description of the location where the violation occurred.

4. The name and address of the property owner(s) and violator(s), if known.

5. The action required to correct the violation.

6. A deadline or specific date to correct the listed violations.

7. A brief description of the procedure to appeal the Courtesy Notice.

ISSUING CITATIONS
Citations may be issued at intervals of not less than fifteen (15) calendar days, based on the continued existence of the violation, the responsible party’s compliance efforts, and the Code Enforcement Officer’s discretion.

Nothing in this section shall be interpreted as requiring the issuance of a citation on a fixed schedule.

ISSUANCE AND CONTENTS OF NOTICE OF NUISANCE ABATEMENT
All Code Enforcement Officers shall be familiar with the provision of the Twentynine Palms Municipal Code Chapter 19.146 that relates to procedures applicable to the noticing and hearing of administrative abatement proceedings.

27 Whenever an enforcement official determines that public or private property or any portion of public or private property is a public nuisance as generally defined in section 19.146.030 or as declared in a specific section of the Twentynine Palms Municipal Code or applicable state codes, an abatement notice may be issued to the responsible person or property owner to abate the public nuisance.

The abatement notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to the Twentynine Palms Municipal Code or applicable state code violations which render the property a public nuisance.

The abatement notice shall describe the action required to abate the public nuisance which may include corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or other appropriate action and shall establish deadlines by which each action must occur.

The abatement notice shall explain the consequences should the responsible person fail to comply with the terms of the notice and identify all applicable hearing and appeal rights. The abatement notice shall be served by any one of the methods of service listed in TPMC section

19.146.050.

The enforcement official shall establish a reasonable time frame for compliance based on the nature and severity of the nuisance. The time frame shall normally be ten days for a nuisance that does not involve an imminent threat to public health and safety.

The responsible person may appeal the abatement notice within ten calendar days from the date of service of the abatement notice by filing a written request to appeal to an enforcement official.

Upon receiving a written request to appeal an abatement notice, an enforcement official shall follow the procedures set forth in TPMC sections 19.146.050 and 19.146.040 and request the enforcement hearing officer to schedule a hearing to hear any objections why the abatement should not be ordered and effected.

Abatement shall not proceed until the enforcement hearing officer issues an order after an appeal by the responsible person or an appeal has not been timely filed, unless the enforcement hearing officer concludes that an imminent threat to the public's health and safety exists.

If the enforcement hearing officer issues an order confirming the existence of a public nuisance, the city may immediately abate the public nuisance pursuant to the procedures set forth in TPMC section 19.146.040. The hearing officer's decision is the final administrative decision and shall become effective upon the date of issuance by the enforcement hearing officer.

28 Once an enforcement official follows the procedures set forth in TPMC section 19.146.040 and obtains authorization to abate a public nuisance, the public nuisance may be abated by city personnel or by a private contractor.

City personnel or a private contractor can enter upon private property in a reasonable manner to abate the public nuisance as specified in the abatement notice or abatement order. Interference with the city's abatement of the public nuisance by a property owner or responsible person shall constitute a misdemeanor.

When abatement is completed, a report describing the work performed and an itemized account of the total abatement costs shall be prepared by the enforcement official. The report shall contain the names and addresses of the responsible persons or property owners of each parcel, the tax assessor's parcel number and a legal description of the property.

The enforcement official shall request the hearing officer to schedule a confirmation of costs hearing, unless waived in writing by all responsible persons. All administrative and actual costs incurred by the city in abating the public nuisance may be assessed and recovered against the responsible person.

29 CHAPTER 10: PROCEDURES REGARDING CITATIONS__________________________ This chapter establishes the policies and procedures governing the issuance of administrative citations by Code Enforcement Officers of the City of Twentynine Palms. Citations are a formal enforcement tool used to compel compliance with the Twentynine Palms Municipal Code (TPMC) and applicable state law when voluntary compliance has not been achieved through prior notice and opportunity to correct.

AUTHORITY
Code Enforcement Officers are authorized to issue administrative citations pursuant to the Twentynine Palms Municipal Code, including but not limited to TPMC 19.142 and TPMC

19.144.030, and applicable provisions of California Government Code. Citations shall be issued only by officers who have received appropriate training and have been authorized to do so by the Community Development Director.

GENERAL POLICY
The issuance of a citation is a significant enforcement action and shall be undertaken with deliberate judgment. Officers shall consider the following prior to issuing a citation:

1. Whether prior notice was provided and a reasonable opportunity to comply was given.

2. The nature, severity, and duration of the violation.

3. Whether the violation poses an immediate risk to public health, safety, or welfare.

4. The history of compliance or non-compliance by the responsible party.

5. Whether the responsible party has demonstrated good-faith efforts toward compliance.

Citations shall not be issued as a punitive measure but as a tool to achieve compliance. Officers shall document the basis for the decision to issue a citation in CitizenServe.

PRE-CITATION REQUIREMENTS
Prior to issuing a citation, the officer shall:

1. Confirm the existence of a current, active violation through personal observation or documented evidence.

2. Verify that a Notice of Violation (NOV) or equivalent notice was previously issued and that the compliance deadline has passed without correction, except in cases involving imminent hazards or repeat violations.

30 3. Confirm the identity of the responsible party (property owner, tenant, or business operator) through City records, San Bernardino County Assessor records, or other reliable sources.

4. Document all findings, photographs, and communications in CitizenServe prior to citation issuance.

5. Consult with the Community Development Director when there is uncertainty regarding the legal basis for the citation or the identity of the responsible party.

CITATION ISSUANCE PROCEDURES
A. Completion of Citation Form
All citations shall be completed accurately and legibly. Each citation shall include:

1. The name and address of the responsible party.

2. The property address or location of the violation.

3. A description of the violation, including the specific section(s) of the TPMC or applicable law violated.

4. The date and time of the observed violation.

5. The amount of the administrative fine assessed.

6. The deadline for payment or request for hearing.

7. Instructions for contesting the citation.

8. The issuing officer's name, badge number, and signature.

B. Service of Citation
Citations may be served by the following methods:

1. Personal service upon the responsible party.

2. Posting at the subject property in a conspicuous location.

3. First-class mail to the responsible party's address of record.

4. Any combination of the above methods as circumstances require.

The method of service and date of service shall be documented in CitizenServe.

FINE SCHEDULE
Administrative fines shall be assessed in accordance with the City of Twentynine Palms adopted fine schedule, as established by resolution of the City Council. Officers shall apply the current fine schedule and shall not deviate from established fine amounts without authorization from the Community Development Director.

31 Repeat violations may be subject to escalating fines in accordance with the TPMC and the adopted fine schedule.

IMMANENT HAZARDS AND REPEAT VIOLATIONS
In cases involving imminent hazards to public health or safety, or documented repeat violations, an officer may issue a citation without prior issuance of a Notice of Violation, subject to approval by the Community Development Director. All such cases shall be thoroughly documented in CitizenServe, including the specific basis for bypassing the standard pre-citation notice requirement.

HEARING PROCESS
A responsible party who receives an administrative citation has the right to contest the citation through the City's administrative hearing process. Officers shall:

1. Ensure that citation forms include accurate information regarding the hearing request process and applicable deadlines.

2. Prepare and maintain complete case documentation in CitizenServe in anticipation of a potential hearing.

3. Appear at administrative hearings as required and present evidence in support of the citation.

4. Coordinate with the Community Development Director and, where necessary, the City Attorney (Patrick Munoz) in preparation for contested hearings.

VOID AND CORRECTED CITATIONS
If an officer determines that a citation was issued in error, the officer shall immediately notify the Community Development Director. Citations shall not be voided or amended without authorization from the Community Development Director. All voided or corrected citations shall be documented in CitizenServe with a full explanation of the basis for the action.

DOCUMENTATION AND RECORD KEEPING
All citation activity shall be recorded in CitizenServe at the time of issuance. Documentation shall include:

1. A copy of the completed citation.

2. Photographic evidence of the violation at the time of citation issuance.

3. The method and date of service.

4. Any communications with the responsible party related to the citation.

32 5. Hearing requests, outcomes, and any subsequent enforcement actions.

Citation records shall be retained in accordance with the City of Twentynine Palms records retention schedule and applicable California law.

SUPERVISORY REVIEW
The Community Development Director shall conduct periodic review of citation activity to ensure consistency, accuracy, and compliance with this Manual. Officers shall be available to discuss citation decisions with the Director upon request and shall provide any documentation necessary to support such review.

33 CHAPTER 11 – REQUESTS FOR EXTENSION____________________________________ This chapter establishes the policy and procedures governing requests for extensions of time to comply with code enforcement notices, orders, and requirements issued by the City of Twentynine Palms Code Enforcement Division. Extensions are intended to provide responsible parties a reasonable opportunity to achieve compliance when circumstances warrant additional time, while ensuring that the City's enforcement objectives and public safety interests are not compromised.

POLICY
The City of Twentynine Palms Code Enforcement Division recognizes that circumstances may arise in which a responsible party requires additional time beyond the initial compliance deadline to remedy a code violation. Extensions of time may be granted at the discretion of the Code Enforcement Officer or a higher authority, based on demonstrated good faith, documented progress toward compliance, and the nature and severity of the violation.

Extensions shall not be granted as a matter of routine and shall not be used to delay enforcement action in cases involving imminent public health or safety hazards. All extension requests shall be submitted in writing and documented in the case file.

ELIGIBILITY FOR EXTENSION
A responsible party may request an extension of the compliance deadline under the following conditions:
a) The responsible party has demonstrated a good faith effort to achieve compliance within the original timeframe.
b) Circumstances beyond the reasonable control of the responsible party have prevented timely compliance (e.g., contractor unavailability, supply chain delays, weather-related interference, or financial hardship).
c) The violation does not constitute an imminent threat to public health, safety, or welfare. d) The responsible party has not previously been granted multiple extensions for the same violation without demonstrated progress.

34 SUBMISSION REQUIREMENTS
to the expiration of the original compliance deadline. Verbal requests shall not be considered sufficient and shall not toll the compliance deadline.

A written extension request shall include, at minimum, the following information:
a) The name, address, and contact information of the responsible party. b) The case number and address of the property subject to the notice or order. c) A description of the violation(s) for which an extension is being requested. d) A detailed explanation of the circumstances preventing timely compliance. e) Documentation supporting the request, including but not limited to: contractor estimates or contracts, permit applications, material orders, or financial hardship documentation. f) A proposed revised compliance date with a realistic and achievable timeline. g) A description of interim measures taken or planned to mitigate any ongoing impact of the violation.

Requests shall be submitted to:

City of Twentynine Palms – Code Enforcement Division
6136 Adobe Road
Twentynine Palms, CA 92277
Or via email to the assigned Code Enforcement Officer, as directed in the notice or order.

Review and approval authority
Code Enforcement Officer
The assigned Code Enforcement Officer is authorized to grant a single extension of up to thirty (30) calendar days upon review of a written request that meets the requirements set forth in Section 19.146.050. The Officer shall document the basis for approval or denial in the case file.

35 Code Enforcement Supervisor
Extension requests exceeding thirty (30) calendar days, or second requests for extension on the same case, shall be forwarded to the Code Enforcement Supervisor for review and determination.

The Supervisor may grant an extension of up to sixty (60) calendar days from the original compliance deadline upon a finding of good cause.

Director of Community Development / Designee
In cases involving exceptional circumstances, complex remediation requirements, or requests exceeding sixty (60) calendar days, the matter shall be referred to the Director of Community Development or their designee for final determination. Extensions beyond sixty (60) days shall require written authorization from the Director or designee and shall be documented in the enforcement record.

CONDITIONS OF EXTENSION
Any approved extension shall be subject to the following conditions:
a) The responsible party shall continue to make diligent progress toward compliance throughout the extension period.
b) The Code Enforcement Officer may conduct re-inspections during the extension period to verify progress.
c) The extension shall apply only to the specific violation(s) identified in the written request and shall not affect enforcement action on any other outstanding violations. d) Failure to achieve compliance by the extended deadline, absent a subsequent approved extension, shall result in the resumption of enforcement action, which may include the issuance of administrative citations, referral to the City Attorney, or other remedies available under applicable law.
e) Approval of an extension does not constitute a waiver of any fees, fines, or penalties that may have accrued prior to the extension being granted.

DENIAL OF EXTENSION REQUESTS
The Code Enforcement Officer or reviewing authority may deny an extension request for any of the following reasons:

36 a) The request was not submitted in writing prior to the expiration of the compliance deadline. b) The responsible party has failed to demonstrate good faith efforts toward compliance. c) The violation presents an imminent threat to public health, safety, or welfare. d) The documentation provided is insufficient to support the request. e) The responsible party has a history of non-compliance or has previously been granted extensions without achieving compliance.

Upon denial, the Code Enforcement Officer shall provide written notice of the denial to the responsible party, including the basis for the decision and information regarding any available appeal process.

DOCUMENTATION
All extension requests, supporting documentation, approvals, denials, and related correspondence shall be maintained in the case file and entered into the City's code enforcement case management system. The following shall be documented:
a) Date the extension request was received.
b) Identity of the reviewing authority.
c) Basis for approval or denial.
d) Terms and conditions of any approved extension, including the revised compliance deadline. e) Results of any re-inspections conducted during the extension period.

Records shall be retained in accordance with the City of Twentynine Palms records retention schedule and applicable California law.

NOTIFICATION OF INTERESTED PARTIES
When an extension is granted, the Code Enforcement Officer shall provide written notification of the extension to all parties of record, including any lienholders, property owners of record, or other interested parties who were previously notified of the original compliance order.

37 Notification shall include the revised compliance deadline and any conditions attached to the extension.

LIMITATIONS
Notwithstanding any other provision of this chapter:
a) No extension shall be granted for violations involving structures or conditions declared to be an immediate danger to life or safety.
b) Extensions shall not be granted for violations subject to a criminal referral or active prosecution.
c) The granting of an extension shall not preclude the City from pursuing any available legal remedy if the responsible party fails to comply with the terms of the extension. d) Extensions shall not be used to circumvent or delay lawful enforcement action, and the Code Enforcement Division reserves the right to rescind an approved extension if the responsible party fails to comply with the conditions set forth therein.

38 CHAPTER 12 – SEARCH AND SEIZURE_________________________________________ This chapter establishes the policy and procedures governing the authority of City of Twentynine Palms Code Enforcement Officers to conduct inspections, enter private property, and collect evidence in connection with code enforcement investigations. These procedures are designed to ensure that all enforcement activities are conducted in full compliance with applicable federal and state constitutional protections, including the Fourth Amendment to the United States Constitution and Article I, Section 13 of the California Constitution.

POLICY
Code Enforcement Officers of the City of Twentynine Palms shall conduct all inspections and evidence-gathering activities in a lawful manner, respecting the constitutional rights of property owners, occupants, and responsible parties. Officers shall not enter private property without lawful authority, and shall not conduct inspections or seize evidence in a manner that violates applicable law.

All Officers shall be familiar with the legal standards governing administrative inspections, consent searches, and the warrant process, and shall consult with the Community Development Director or the City Attorney's Office (Patrick Munoz) when questions arise regarding the lawfulness of a proposed inspection or evidence-collection activity.

AUTHORITY TO INSPECT
Consent
The preferred and most common basis for a code enforcement inspection is the voluntary consent of the property owner or authorized occupant. Officers shall identify themselves and the purpose of the inspection prior to requesting consent. Consent must be freely and voluntarily given and may be withdrawn at any time.

Officers shall document the name of the person providing consent, the date and time consent was given, and the scope of the inspection authorized. Consent shall not be obtained through coercion, misrepresentation, or undue pressure.

Plain View
Code Enforcement Officers may observe and document violations that are visible from a public right-of-way, public easement, or other location where the Officer has a lawful right to be, without obtaining consent or a warrant. Observations made in plain view may be used as the

39 basis for enforcement action and, where appropriate, to support an application for an administrative inspection warrant.

ADMINISTRATIVE INSPECTION WARRANT
When consent is denied or cannot be obtained, and the Officer has reasonable cause to believe that a code violation exists on the property, the Officer may apply for an administrative inspection warrant through the Twentynine Palms Police Department or the San Bernardino County Superior Court, as appropriate.

The warrant application shall be prepared in coordination with the City Attorney's Office (Patrick Munoz) and shall set forth:
a) The specific property to be inspected.
b) The nature of the suspected violation(s).
c) The basis for reasonable cause to believe a violation exists. d) The scope of the inspection requested.

Officers shall not conduct a warrantless entry onto private property over the objection of the owner or occupant absent exigent circumstances as described in this chapter.

SCOPE OF INSPECTION
The scope of any code enforcement inspection shall be limited to the purpose for which authority was granted, whether by consent, plain view observation, or administrative warrant. Officers shall not exceed the scope of the authorized inspection and shall not use a code enforcement inspection as a pretext to conduct a general search of the property.

During a lawful inspection, Officers may:
a) Photograph or video record conditions relevant to the suspected violation. b) Collect physical evidence of violations, including samples or measurements, where authorized.
c) Interview occupants or responsible parties voluntarily present on the property. d) Document observations in writing for inclusion in the case file.

All evidence collected shall be documented and maintained in accordance with Chapter 13 (Documentation) of this Manual.

40 EXIGENT CIRCUMSTANCES
In limited circumstances, a Code Enforcement Officer may enter private property without consent or a warrant when exigent circumstances exist that pose an immediate threat to public health, safety, or welfare. Such circumstances may include, but are not limited to:
a) Visible or reported conditions presenting an imminent risk of fire, structural collapse, or serious injury.
b) Evidence of an active hazardous materials release or contamination. c) Conditions that pose an immediate threat to the health or safety of occupants or neighboring properties.

Whenever a warrantless entry is made under exigent circumstances, the Officer shall:
a) Document the specific facts and circumstances justifying the entry. b) Limit the scope of the entry to addressing the immediate threat. c) Notify the Community Development Director (Keith Gardner) as soon as practicable. d) Consult with the City Attorney's Office (Patrick Munoz) regarding any follow-up enforcement action.

Entries made under exigent circumstances shall be documented in the case file with particularity and shall be subject to supervisory review.

Code Enforcement Officers shall conduct inspections from areas open to the public unless lawful consent, a warrant, or another legally recognized exception to the warrant requirement is present.

Access obtained through third parties shall not be used to circumvent the legal requirement for consent or a warrant.

INTERACTION WITH LAW ENFORCEMENT
Code Enforcement Officers are not sworn peace officers and do not possess arrest authority.

When a code enforcement inspection reveals evidence of criminal activity, or when an Officer requires law enforcement assistance to safely conduct an inspection, the Officer shall contact the Twentynine Palms Police Department (San Bernardino County Sheriff’s Department) for assistance.

Officers shall not attempt to detain, restrain, or arrest individuals in connection with code enforcement activities. If an individual becomes threatening or obstructs a lawful inspection, the Officer shall withdraw and contact the Twentynine Palms Police Department immediately.

All requests for law enforcement assistance shall be documented in the case file.

41 EVIDENCE COLLECTION / HANDLING
Evidence collected during a code enforcement inspection shall be handled in a manner that preserves its integrity and evidentiary value. Officers shall:
a) Photograph all evidence in place prior to collection. b) Label and package collected items appropriately.
c) Maintain a chain of custody log for all physical evidence. d) Store evidence securely and in accordance with Division protocols. e) Document all evidence collected in the case file and in CitizenServe.

Evidence shall not be destroyed, altered, or discarded without supervisory approval and in accordance with applicable records retention requirements.

DOCUMENTATION REQUIREMENTS
Following any inspection conducted under this chapter, the Code Enforcement Officer shall prepare a written inspection report documenting:
a) The date, time, and location of the inspection.
b) The basis for the inspection (consent, plain view, warrant, or exigent circumstances). c) The identity of any persons present during the inspection. d) A description of conditions observed and any violations identified. e) Evidence collected, including photographs and physical items. f) Any statements made by occupants or responsible parties. g) Any law enforcement assistance requested or provided.

All inspection reports shall be entered into CitizenServe and maintained in the case file in accordance with Chapter 13 (Documentation) of this Manual.

TRAINING REQUIREMENTS
All Code Enforcement Officers shall receive training on the legal standards governing administrative inspections, consent, warrant procedures, and evidence handling prior to conducting independent inspections. Officers shall participate in ongoing training as required by the Community Development Director to remain current on applicable law and Division policy.

Questions regarding the legality of a proposed inspection or enforcement action shall be directed to the Community Development Director or the City Attorney's Office prior to taking action.

42

43 CHAPTER 13 – DOCUMENTATION_____________________________________________ This chapter establishes the standards and requirements for documentation of all code enforcement activities conducted by the City of Twentynine Palms Code Enforcement Division.

Accurate, thorough, and timely documentation is essential to the integrity of enforcement actions, the protection of the City's legal interests, and the effective management of code enforcement cases.

Where documentation is referenced in other sections of this manual, this chapter shall serve as the controlling standard.

POLICY
All Code Enforcement Officers shall document their activities, observations, and enforcement actions in a complete, accurate, and timely manner. Documentation shall be objective, factual, and free from personal opinion or editorial commentary. All records shall be entered into the City's code enforcement case management system (CitizenServe) and maintained in the case file in accordance with applicable records retention requirements.

Documentation serves as the official record of enforcement activity and may be used in administrative hearings, civil proceedings, or criminal referrals. Officers shall treat all documentation as a legal record and exercise the same care and professionalism in writing as they would in any official communication.

CASE FILE REQUIREMENTS
A case file shall be created and maintained for every code enforcement case opened by the Division. Each case file shall contain, at minimum, the following:
a) The initial complaint or referral record, including the date received, source of the complaint, and nature of the alleged violation.
b) Property information, including the Assessor's Parcel Number (APN), property address, and owner of record as identified through the San Bernardino County Assessor's records. c) A chronological activity log documenting all actions taken on the case, including inspections, notices, contacts with responsible parties, and internal communications. d) Copies of all notices, orders, citations, and correspondence issued in connection with the case.

44 e) Inspection reports for each site visit conducted. f) Photographic and video documentation of violations and compliance progress. g) Records of any extension requests, approvals, or denials. h) Records of any administrative hearings, appeals, or legal referrals. i) Documentation of final case disposition, including compliance verification or referral to the City Attorney's Office.

All case file entries shall include the date of the entry and the name or badge number of the Officer making the entry.

INSPECTION REPORTS
Following each site inspection, the assigned Code Enforcement Officer shall prepare a written inspection report. Inspection reports shall be completed and entered into CitizenServe within one (1) business day of the inspection, unless operational circumstances prevent timely entry, in which case the Officer shall notify the Community Development Director (Keith Gardner) and complete the report as soon as practicable.

Each inspection report shall include:
a) Date, time, and address of the inspection.
b) The basis for the inspection (complaint, referral, re-inspection, or proactive patrol). c) The name and contact information of any persons contacted during the inspection. d) A detailed description of conditions observed, including the specific code sections alleged to be violated.
e) Photographs taken during the inspection, labeled with date, time, and description. f) Any evidence collected, with a description of collection method and chain of custody notation. g) Actions taken or recommended as a result of the inspection. h) The Officer's printed name and signature.

45 PHOTOGRAPHIC DOCUMENTATION
Photographic documentation is a critical component of code enforcement records. Officers shall photograph all observed violations at the time of each inspection, as well as compliance progress during re-inspections. The following standards apply:
a) Photographs shall be taken in a manner that clearly depicts the violation or condition being documented.
b) Each photograph shall be labeled with the date, time, property address, and a brief description of the subject matter.
c) Photographs shall be uploaded to CitizenServe and associated with the relevant case file. d) Officers shall take both wide-angle and close-up photographs where appropriate to provide context and detail.
e) Photographs shall not be altered, cropped, or edited in any manner that changes their evidentiary content.

Video documentation may be used to supplement photographic evidence where appropriate, subject to the same labeling and storage requirements.

NOTICE AND CORRESPONDENCE DOCUMENTATION
All notices, orders, citations, and written correspondence issued in connection with a code enforcement case shall be:
a) Prepared using Division-approved forms or templates. b) Dated and signed by the issuing Officer.
c) Served in accordance with the applicable service requirements set forth in Chapter 9 (Notices) of this Manual.
d) Retained in the case file, along with documentation of the method and date of service. e) Entered into CitizenServe at the time of issuance.

Officers shall retain proof of service for all notices and correspondence, including certified mail

46 receipts, posting records, or personal service documentation, as applicable.

ACTIVITY LOG
Each case file shall include a chronological activity log that records all significant actions taken on the case. Log entries shall be made at the time of each action and shall include:
a) Date and time of the activity.
b) A brief description of the action taken (e.g., site inspection conducted, notice issued, telephone contact with property owner, extension request received). c) The name or badge number of the Officer performing the action. d) The outcome or result of the action, where applicable.

Activity logs shall not be altered or backdated. Corrections to log entries shall be made by adding a new entry with the correction, noting the date of the correction and the reason.

CASE MANAGEMENT SYSTEM (CitizenServe)
All code enforcement case information shall be entered and maintained in CitizenServe, the City of Twentynine Palms' designated code enforcement case management platform. Officers shall:
a) Open a new case record in CitizenServe for each new enforcement case. b) Enter all case activity, inspection reports, notices, and correspondence into CitizenServe in a timely manner.
c) Upload all photographic and documentary evidence to the relevant case record. d) Update the case status in CitizenServe as cases progress through the enforcement process. e) Close case records in CitizenServe upon verified compliance or final disposition.

Officers shall not maintain parallel paper-only case files as a substitute for CitizenServe entry.

Paper records may be used as working documents but shall be transferred to CitizenServe and the official case file promptly.

47 CONFIDENTIALITY AND PUBLIC RECORDS
Code enforcement records are subject to the California Public Records Act (Government Code Section 7920.000 et seq.). Officers shall handle all case records in a manner consistent with applicable public records law and City policy.

Certain records or portions of records may be exempt from public disclosure, including records related to ongoing investigations, records containing personal identifying information protected by law, and records subject to attorney-client privilege. Questions regarding the ability to disclose specific records shall be directed to the City Attorney's Office (Patrick Munoz) prior to release.

Officers shall not release case records to third parties without authorization from the Community Development Director (Keith Gardner) or the City Attorney's Office.

RECORDS RETENTION
All code enforcement records shall be retained in accordance with the City of Twentynine Palms records retention schedule and applicable California law. Officers shall not destroy, discard, or remove records from the case file without supervisory approval and in compliance with the established retention schedule.

Questions regarding records retention requirements shall be directed to the Community Development Director (Keith Gardner) or the City Clerk's Office.

DOCUMENTATION STANDARDS AND PROFESSIONALISM
All written documentation produced by Code Enforcement Officers shall meet the following standards:
a) Written in clear, concise, and professional language. b) Free from grammatical errors, abbreviations not defined in the record, and informal or colloquial language.
c) Objective and factual, based on direct observation or reliable information, with the source of information identified.
d) Completed in a timely manner consistent with the requirements of this chapter.

48 e) Reviewed by the Officer prior to submission to ensure accuracy and completeness.

Officers who consistently fail to meet documentation standards shall be subject to corrective action in accordance with Chapter 3 (Standards of Conduct) of this Manual.

49 CHAPTER 14 – ADDITIONAL STEPS TO OBTAIN COMPLIANCE__________________ This chapter establishes the procedures and escalating enforcement tools available to Code Enforcement Officers of the City of Twentynine Palms when initial enforcement efforts have not resulted in voluntary compliance. The City's primary objective is to achieve compliance with applicable codes and ordinances in the most efficient and least adversarial manner possible.

However, when responsible parties fail to comply despite reasonable opportunity, the Division shall employ the additional measures set forth in this chapter to protect the public health, safety, and welfare of the Twentynine Palms community.

POLICY
Code Enforcement Officers shall exhaust reasonable compliance-oriented measures before escalating to formal enforcement action. Escalation shall be proportionate to the nature, severity, and duration of the violation, and to the degree of cooperation or non-cooperation demonstrated by the responsible party.

All escalation decisions shall be documented in the case file and entered into CitizenServe.

Officers shall consult with the Community Development Director (Keith Gardner) prior to initiating formal legal referrals or abatement actions.

FOLLOW-UP INSTRUCTIONS
When a responsible party has failed to achieve compliance by the deadline specified in a notice or order, the assigned Code Enforcement Officer shall conduct a follow-up inspection to verify the status of the violation. Follow-up inspections shall be documented in the case file in accordance with Chapter 13 (Documentation) of this Manual.

If compliance has not been achieved, the Officer shall determine the appropriate next step based on the following factors:
a) The nature and severity of the violation.
b) The degree of progress, if any, made toward compliance. c) The history of the responsible party's cooperation with the Division. d) Whether the violation presents an ongoing threat to public health, safety, or welfare. e) Whether an extension of time has been requested or granted.

50 ISSUANCE OF ADMINISTRATIVE CITATIONS
When a responsible party has failed to comply with a notice or order within the specified timeframe and no approved extension is in effect, the Code Enforcement Officer may issue an administrative citation pursuant to the Twentynine Palms Municipal Code (TPMC) and applicable City ordinances.

Administrative citations shall be issued in accordance with the procedures set forth in Chapter 10 (Procedures Regarding Citations) of this Manual. The issuance of a citation does not preclude the continuation of compliance efforts or the pursuit of additional enforcement remedies.

Fines associated with administrative citations shall accrue in accordance with the City's adopted fee and fine schedule. Officers shall advise responsible parties of their right to appeal administrative citations and the process for doing so.

NOTICE OF VIOLATION ESCALATED
In cases of continued non-compliance following the issuance of an initial notice, the Code Enforcement Officer may issue an escalated Notice of Violation or an Administrative Order to Comply. The escalated notice shall:
a) Reference the original notice and any prior enforcement actions taken. b) Specify the outstanding violation(s) with reference to the applicable TPMC section(s). c) Establish a final compliance deadline.
d) Advise the responsible party that failure to comply by the stated deadline may result in administrative citation, civil penalty, abatement, or referral to the City Attorney's Office. e) Be served in accordance with the service requirements set forth in Chapter 9 (Notices) of this Manual.

CIVIL PENALTIES
In cases of significant, repeated, or willful non-compliance, the City may pursue civil penalties in addition to or in lieu of administrative citations. Civil penalty proceedings shall be initiated in coordination with the City Attorney's Office (Patrick Munoz) and shall be conducted in accordance with applicable provisions of the TPMC and California law.

Officers shall document all facts supporting the imposition of civil penalties, including the duration of the violation, the history of enforcement efforts, and any evidence of willful noncompliance or bad faith on the part of the responsible party.

51 ABATEMENT
Authority
When a responsible party fails to abate a violation that poses a threat to public health, safety, or welfare, or when a violation constitutes a public nuisance under applicable law, the City may undertake abatement of the violation at the responsible party's expense, pursuant to the authority granted under the TPMC and applicable California law.

Abatement Notice
Prior to initiating City-directed abatement, the Code Enforcement Officer shall issue a formal Abatement Notice to the responsible party. The Abatement Notice shall:
a) Identify the property and the nature of the violation. b) State that the City intends to abate the violation if the responsible party fails to do so by a specified date.
c) Advise the responsible party that the costs of abatement will be assessed against the property and may result in a lien.
d) Be served in accordance with the service requirements set forth in Chapter 9 (Notices) of this Manual.

Abatement Procedures
Abatement actions shall be authorized by the Community Development Director (Keith Gardner) and coordinated with the City Attorney's Office (Patrick Munoz) prior to execution. The Officer shall:
a) Document the condition of the property prior to abatement with photographs and written description.
b) Coordinate with City staff or contracted abatement services to perform the work. c) Document all costs incurred in connection with the abatement action. d) Prepare a cost recovery report for submission to the Community Development Director.

COST RECOVERY
The City shall seek recovery of all abatement costs from the responsible party in accordance with applicable TPMC provisions and California law. Unpaid abatement costs may be assessed as a lien against the property. All cost recovery actions shall be coordinated with the City Attorney's

52 Office.

REFERRAL TO CITY ATTORNEY
When all reasonable administrative enforcement measures have been exhausted without achieving compliance, or when the nature of the violation warrants immediate legal action, the Code Enforcement Officer shall prepare a referral package for submission to the City Attorney's Office (Patrick Munoz). Referral procedures are set forth in Chapter 15 (Referrals to City Attorney) of this Manual.

COORDINATION WITH OTHER AGENCIES
In cases involving violations that implicate the jurisdiction or authority of other agencies, the Code Enforcement Officer shall coordinate enforcement efforts with the appropriate agency.

Relevant agencies may include:
a) Twentynine Palms Police Department (San Bernardino County Sheriff’s Department), for violations involving criminal activity, public safety threats, or situations requiring law enforcement assistance.
b) San Bernardino County Department of Public Health, for violations involving public health hazards.
c) California Department of Housing and Community Development, for violations involving substandard housing.
d) Other state or local agencies with jurisdiction over the specific violation type.

All inter-agency coordination shall be documented in the case file.

SPECIAL CONSIDERATION FOR FIELD CONDITIONS
The City of Twentynine Palms encompasses a large geographic area that includes numerous unpaved roads, remote parcels, and terrain that may present access and safety challenges for Code Enforcement Officers. Officers shall exercise appropriate caution when conducting enforcement activities in remote or difficult-to-access areas, and shall:
a) Notify the Division of their location and expected return time prior to entering remote areas. b) Carry appropriate communication equipment capable of maintaining contact with the Division or emergency services.
c) Consult with the Twentynine Palms Police Department (San Bernardino County Sheriff’s Department) when safety concerns exist regarding a specific property or responsible party. d) Adhere to any heat safety protocols established by the Community Development Director

53 (Keith Gardner) for field operations conducted during periods of extreme heat, consistent with the environmental conditions common to the Twentynine Palms area.

DOCUMENTATION
All enforcement actions taken under this chapter shall be documented in the case file and entered into CitizenServe in accordance with Chapter 13 (Documentation) of this Manual.

Documentation shall include:
a) A description of each enforcement action taken and the basis for escalation. b) Copies of all notices, citations, and correspondence issued. c) Records of all inter-agency coordination.
d) Photographic documentation of ongoing violations.
e) Records of abatement actions and associated costs, where applicable. f) A summary of compliance status at each stage of the enforcement process.

54 CHAPTER 15 – REFERRALS TO CITY ATTORNEY_______________________________ This chapter establishes the policy and procedures governing the referral of code enforcement cases to the City Attorney's Office when administrative enforcement measures have been exhausted or when the nature of a violation warrants direct legal intervention. Referral to the City Attorney represents a significant escalation in the enforcement process and shall be undertaken in a deliberate, well-documented manner to ensure the City's legal interests are effectively advanced.

POLICY
The City of Twentynine Palms Code Enforcement Division shall refer cases to the City Attorney's Office (Patrick Munoz) when administrative enforcement tools have failed to achieve compliance, when a violation presents a significant and ongoing threat to public health, safety, or welfare, or when legal action is necessary to protect the City's interests. Referrals shall be made with the authorization of the Community Development Director (Keith Gardner) and shall be supported by a complete and well-organized referral package.

The decision to refer a case shall be based on the totality of the enforcement record, including the nature and duration of the violation, the history of enforcement efforts, and the degree of cooperation or resistance demonstrated by the responsible party.

GROUNDS FOR REFERRAL
A code enforcement case may be referred to the City Attorney's Office under any of the following circumstances:
a) The responsible party has failed to achieve compliance following the exhaustion of all available administrative enforcement remedies, including notices, citations, and abatement proceedings.
b) The violation constitutes a public nuisance or presents an imminent threat to public health, safety, or welfare that requires immediate judicial intervention. c) The responsible party has demonstrated a pattern of willful non-compliance, bad faith, or deliberate obstruction of enforcement efforts.
d) The violation involves conduct that may constitute a criminal offense under the TPMC or applicable state law.

55 e) The complexity or legal significance of the case requires the expertise and authority of the City Attorney's Office to resolve.
f) Abatement costs or civil penalties are being sought and legal action is required to enforce collection.

REFERRAL AUTHORIZATION
All referrals to the City Attorney's Office shall be authorized by the Community Development Director (Keith Gardner) prior to submission. The assigned Code Enforcement Officer shall present the case to the Director with a summary of the enforcement history and a recommendation for referral. The Director shall review the case and, if appropriate, authorize the preparation and submission of a formal referral package.

In cases involving imminent threats to public health, safety, or welfare, the Director may authorize emergency referral without the standard review process, with documentation to follow as soon as practicable.

REFERRAL PACKAGE CONTENTS
Upon authorization, the Code Enforcement Officer shall prepare a comprehensive referral package for submission to the City Attorney's Office. The referral package shall include, at minimum, the following:
a) A cover memorandum summarizing the enforcement history, the nature of the violation(s), and the basis for referral, addressed to the City Attorney (Patrick Munoz) and signed by the Community Development Director (Keith Gardner).
b) A complete copy of the case file, including:
i. The original complaint or referral record.
ii. All inspection reports and photographic documentation. iii. Copies of all notices, orders, and citations issued. iv. Records of all contacts with the responsible party. v. Records of any extension requests, approvals, or denials. vi. Records of any abatement actions and associated costs. vii. The complete CitizenServe case activity log.
c) A chronological enforcement timeline summarizing key dates and actions. d) Identification of the specific TPMC section(s) and any applicable state law provisions alleged

56 to be violated.
e) A statement of the relief or legal remedy being sought. f) Contact information for the assigned Code Enforcement Officer and the Community Development Director.

The referral package shall be organized clearly and submitted in a format acceptable to the City Attorney's Office. Officers shall coordinate with the Director's office regarding submission format and delivery method.

COORDINATION WITH CITY ATTORNEY OFFICE
Following submission of the referral package, the assigned Code Enforcement Officer shall serve as the primary point of contact between the Code Enforcement Division and the City Attorney's Office (Patrick Munoz) for the duration of the legal proceedings. The Officer shall:
a) Respond promptly to requests for additional information, documentation, or testimony from the City Attorney's Office.
b) Continue to monitor the property for ongoing or new violations and report any changes in compliance status to the City Attorney's Office.
c) Attend administrative hearings, court proceedings, or other legal proceedings as requested by the City Attorney's Office.
d) Maintain ongoing documentation of all communications and developments related to the referred case in CitizenServe and the case file.

The Officer shall not make independent legal representations or commitments on behalf of the City in connection with referred cases. All legal strategy and communications with the responsible party regarding legal proceedings shall be directed through the City Attorney's Office.

CONTINUED ENFORCEMENT DURING LEGAL PROCEEDINGS
Referral of a case to the City Attorney's Office does not suspend or terminate the Code Enforcement Division's administrative enforcement authority. Officers may continue to conduct inspections, issue notices, and pursue administrative remedies concurrently with legal proceedings, unless directed otherwise by the City Attorney's Office or a court of competent jurisdiction.

57 Officers shall coordinate with the City Attorney's Office before taking any new enforcement action on a referred case to ensure consistency with the legal strategy being pursued.

CASE RESOLUTION AND CLOSURE
Upon resolution of legal proceedings, the City Attorney's Office shall notify the Code Enforcement Division of the outcome. The assigned Officer shall:
a) Document the outcome of the legal proceedings in the case file and in CitizenServe. b) Conduct a final inspection to verify compliance with any court order, settlement agreement, or legal judgment.
c) Document the results of the final inspection with photographs and a written report. d) Close the case in CitizenServe upon verified compliance or as directed by the Community Development Director (Keith Gardner).
e) Retain all case records in accordance with the City's records retention schedule and applicable California law.

DOCUMENTATION
All actions taken under this chapter shall be documented in the case file and entered into CitizenServe in accordance with Chapter 13 (Documentation) of this Manual. Documentation shall include:
a) The authorization for referral from the Community Development Director. b) A copy of the referral package submitted to the City Attorney's Office. c) Records of all communications with the City Attorney's Office. d) Records of any hearings, proceedings, or legal actions taken. e) Documentation of case resolution and final compliance verification.

58 CHAPTER 16 – OFFICER SAFETY______________________________________________ This chapter establishes the safety standards, protocols, and expectations governing the conduct of Code Enforcement Officers of the City of Twentynine Palms while performing field operations and other enforcement duties. The safety of Code Enforcement Officers is a primary concern of the Division, and all Officers are expected to exercise sound judgment, situational awareness, and personal responsibility to minimize risk during the performance of their duties.

POLICY
The City of Twentynine Palms Code Enforcement Division is committed to providing a safe working environment for all Code Enforcement Officers. Officers shall adhere to all safety protocols established by this chapter and by the Community Development Director (Keith Gardner), and shall immediately report any safety concerns, incidents, or near-misses to their supervisor.

No enforcement action is of sufficient urgency to justify placing an Officer in unreasonable danger. Officers are authorized and expected to withdraw from any situation that presents an immediate threat to their personal safety and to seek law enforcement assistance from the Twentynine Palms Police Department (San Bernardino County Sheriff’s Department) as needed.

GENERAL FIELD SAFETY PRACTICES
All Code Enforcement Officers shall observe the following general safety practices during field operations:
a) Notify the Division of the location of each field assignment prior to departure, including the property address and estimated duration of the visit.
b) Maintain regular communication with the Division or a designated contact throughout the workday, particularly when conducting inspections in remote or isolated areas. c) Park City vehicles in a manner that allows for a clear and unobstructed exit from the property. d) Approach properties with awareness of potential hazards, including aggressive animals, unsecured structures, hazardous materials, and individuals who may be hostile or unpredictable. e) Avoid entering enclosed or confined spaces without appropriate safety equipment and, where applicable, a second person present.

59 f) Carry a fully charged mobile communication device at all times during field operations. g) Do not enter a property if there are visible signs of immediate danger, and contact the Twentynine Palms Police Department (San Bernardino Sheriff’s Department) if law enforcement assistance is required before entry.

ENVIRONMENTAL AND FIELD HAZARDS
The City of Twentynine Palms encompasses a large geographic area that includes remote desert terrain, unpaved and unmaintained roads, and properties that may be difficult to access or navigate safely. Officers shall be aware of and prepared for the following environmental conditions:

Extreme Heat
The Twentynine Palms area is subject to periods of extreme heat that can pose serious health risks to Officers conducting outdoor field operations. Officers shall:
a) Monitor daily temperature forecasts and adjust field schedules where possible to avoid the hottest periods of the day.
b) Maintain adequate hydration at all times during field operations. Officers shall carry sufficient water for the duration of each field assignment.
c) Wear appropriate sun-protective clothing, including hats and sunscreen, when conducting outdoor inspections.
d) Be familiar with the signs and symptoms of heat-related illness, including heat exhaustion and heat stroke, and immediately report any symptoms to a supervisor and seek medical attention as needed.
e) Adhere to any heat safety protocols or work/rest schedules established by the Community Development Director (Keith Gardner) for field operations during periods of extreme heat. f) Notify the Division immediately if heat-related conditions prevent the safe completion of a field assignment.

Remote and Unpaved Road Access
Many parcels within the City of Twentynine Palms are accessed via unpaved, unmaintained, or

60 poorly marked roads. Officers shall:
a) Use City-issued or approved vehicles appropriate for off-road or unpaved road conditions when conducting inspections in remote areas.
b) Carry basic emergency supplies, including water, a first aid kit, and a means of communication, when traveling to remote properties.
c) Inform the Division of their intended route and estimated return time before departing for remote inspections.
d) Exercise caution when navigating unpaved roads, particularly following rain events that may cause erosion, flooding, or road damage.
e) Contact the Twentynine Palms Police Department (San Bernardino County Sheriff’s Deparment) if they become stranded or encounter an emergency situation in a remote area.

Wildlife and Environmental Hazards
The desert environment of Twentynine Palms presents potential hazards including venomous reptiles, insects, and other wildlife. Officers shall:
a) Wear appropriate footwear and clothing to minimize exposure to environmental hazards during field inspections.
b) Exercise caution when approaching overgrown vegetation, debris piles, or other areas where wildlife may be present.
c) Avoid disturbing wildlife encountered during inspections and maintain a safe distance. d) Report any injuries resulting from wildlife encounters to a supervisor immediately and seek medical attention as appropriate.

HOSTILE OR CONTRONTATIONAL PERSONS
Code Enforcement Officers may encounter individuals who are hostile, uncooperative, or confrontational during the course of enforcement activities. Officers shall employ the following practices when confronted with such situations:
a) Remain calm, professional, and non-confrontational in all interactions, regardless of the

61 behavior of the other party.
b) De-escalate tense situations through clear communication, active listening, and a respectful demeanor.
c) Avoid engaging in arguments or responding to personal insults or provocations. d) Withdraw from the property immediately if an individual becomes physically threatening, and contact the Twentynine Palms Police Department (San Bernardino County Sheriff’s Department) for assistance.
e) Document all hostile or confrontational encounters in the case file, including the date, time, nature of the conduct, and any witnesses present.
f) Report all incidents involving threats or physical confrontations to the Community Development Director (Keith Gardner) as soon as practicable.

Officers shall not attempt to physically detain, restrain, or confront individuals. Code Enforcement Officers are not sworn peace officers and do not possess arrest authority. All situations requiring physical intervention shall be referred to the Twentynine Palms Police Department (San Bernardino County Sheriff’s Department).

HAZARDOUS MATERIALS OR STRUCTURAL HAZARDS
Officers may encounter properties with hazardous materials, unsafe structures, or other conditions that present physical dangers. Officers shall:
a) Not enter structures or areas that appear structurally unsound or that present an immediate physical danger.
b) Not handle, disturb, or collect suspected hazardous materials without appropriate personal protective equipment and training.
c) Contact the Community Development Director (Keith Gardner) and, where appropriate, the Twentynine Palms Police Department (San Bernardino County Sheriff’s Department) or San Bernardino County Hazardous Materials team when hazardous conditions are identified. d) Document the hazardous condition with photographs from a safe distance and include the documentation in the case file.

62 e) Coordinate with appropriate agencies for the safe assessment and remediation of hazardous conditions before conducting further inspections of the affected area.

INCIDENT REPORTING
All safety incidents, injuries, near-misses, or threats encountered during the performance of code enforcement duties shall be reported to the Community Development Director (Keith Gardner) as soon as practicable following the incident. Officers shall complete a written incident report documenting:
a) The date, time, and location of the incident.
b) A description of the nature of the incident and the circumstances leading to it. c) The identity of any individuals involved.
d) Any injuries sustained and medical treatment received. e) Actions taken in response to the incident.
f) Recommendations for preventing similar incidents in the future.

Incident reports shall be maintained in the Officer's personnel file and in the relevant case file, as applicable. The Community Development Director shall review all incident reports and take appropriate follow-up action.

LAW ENFORCEMENT COORDINATION
The Twentynine Palms Police Department is the primary law enforcement resource for Code Enforcement Officers requiring assistance in the field. Officers shall not hesitate to contact the Police Department when:
a) A property owner, occupant, or other individual is hostile, threatening, or physically confrontational.
b) There is reason to believe that criminal activity is occurring on or in connection with a property under inspection.
c) An Officer requires assistance to safely access a property or conduct an inspection. d) An Officer encounters an emergency situation in the field, including medical emergencies, accidents, or natural hazards.

Officers shall maintain the non-emergency contact information for the Twentynine Palms Police Department readily accessible during all field operations, and shall be familiar with the process for requesting emergency assistance.

63 TRAINING
All Code Enforcement Officers shall receive safety training prior to conducting independent field operations. Training shall include, at minimum:
a) General field safety practices and situational awareness. b) De-escalation techniques for managing hostile or confrontational individuals. c) Heat safety and environmental hazard awareness specific to the Twentynine Palms area. d) Hazardous materials recognition and response.
e) Emergency communication procedures.
f) Coordination protocols with the Twentynine Palms Police Department.

Officers shall participate in ongoing safety training as required by the Community Development Director (Keith Gardner) to remain current on best practices and Division protocols.

64 ACKNOWLEDGEMENT OF RECEIPT AND UNDERSTANDING
City of Twentynine Palms
Code Enforcement Policies and Procedures Manual
I, the undersigned, hereby acknowledge that I have received a copy of the City of Twentynine Palms Code Enforcement Policies and Procedures Manual (the “Manual”) and that I have read, understood, and agree to comply with all policies, procedures, and standards set forth therein.

I understand that the Manual establishes the official policies and procedures governing the conduct of Code Enforcement Officers employed by or contracted with the City of Twentynine Palms Code Enforcement Division. I understand that compliance with the Manual is a condition of my employment or service with the Division, and that failure to adhere to the policies and procedures contained herein may result in corrective action, up to and including termination of employment or contract.

I understand that the Manual may be amended or updated from time to time at the discretion of the Community Development Director or other authorized City official, and that I am responsible for reviewing and complying with any updates or revisions issued to me. I acknowledge that it is my responsibility to seek clarification from my supervisor or the Community Development Director if I have any questions regarding the content or application of any policy or procedure contained in the Manual.

I further acknowledge that the Manual does not constitute an employment contract and does not alter the at-will nature of my employment with the City of Twentynine Palms, where applicable.

Employee / Officer Information
Printed Name: _______________________________________________ Title / Position: _______________________________________________ Division: Code Enforcement Division
City: City of Twentynine Palms
Signature and Date
Signature: _______________________________________________ Date: _______________________________________________
Supervisor / Director Acknowledgement
I confirm that the above-named individual has received a copy of the City of Twentynine Palms Code Enforcement Policies and Procedures Manual and has been given the opportunity to review its contents and ask questions.

Supervisor / Director Printed Name: _______________________________________________ Title:_______________________________________________
Signature:_______________________________________________ Date: _______________________________________________

65 Distribution Instructions
Upon completion, this signed acknowledgement form shall be:

1. Retained in the employee’s personnel file maintained by the City of Twentynine Palms.

2. A copy provided to the employee for their personal records.

3. A copy forwarded to the Community Development Director (Keith Gardner) for Division records.

This form shall be completed upon initial receipt of the Manual and upon receipt of any subsequent revision or update to the Manual.

Code Enforcement
Evaluation Report
Presented By:

Justin J. Gardiner, CCEO, Managing Partner
Gemini Training Solutions, LLC
Manhattan Beach, CA 90266
[email protected] | 760-567-0442

Twentynine Palms Code Enforcement Evaluation Summary Q4 2024 Gemini Training Solutions, LLC
Justin J. Gardiner, CCEO | [email protected] | 760-567-0442 2 Executive Summary
Purpose of the Report: This report has been prepared to evaluate the current staffing, protocols, and processes of the City of Twentynine Palms Code Enforcement Division. The objective is to provide the City Manager with a comprehensive understanding of the division’s operations and to recommend strategies for improvement.

City Overview: The City of Twentynine Palms is located in the Mojave Desert region of Southern California, encompassing an area of approximately 59 square miles. Home to nearly 29,000 residents, the city serves as the gateway to Joshua Tree National Park, a major tourist destination attracting millions of visitors annually. Twentynine Palms is also home to the Marine Corps Air Ground Combat Center (MCAGCC), the largest Marine Corps base in the United States, which plays a significant role in shaping the community’s character. Incorporated in 1987, the city boasts a rich cultural heritage, including over 23 outdoor murals that highlight its history and unique spirit.

Code Enforcement Division Overview: The City of Twentynine Palms Code Enforcement Division is committed to ensuring the health, safety, and quality of life for residents by enforcing municipal codes and ordinances. The division focuses on addressing issues such as property maintenance, zoning compliance, and nuisance abatement.

Key Highlights:
• Conducted a thorough evaluation of current staffing levels, departmental protocols, and operational processes.
• Identified key areas where enhancements are needed to improve efficiency and effectiveness.
• Observed the division’s commitment to upholding municipal codes and serving the community.

Elements of the Report:

1. Detailed description of the division’s mission, responsibilities, and structure.

2. Insights into the unique characteristics and demographics of Twentynine Palms.

3. Evaluation of staffing, protocols, and processes as they currently exist.

4. Analysis of current obstacles and potential areas for growth.

5. Strategic suggestions to enhance efficiency, engagement, and overall effectiveness.

Acknowledgment: This report reflects the collective efforts of the Code Enforcement Division staff, whose openness and cooperation were instrumental in providing the necessary insights for this evaluation. Their dedication to the community serves as a foundation for future improvements.

Twentynine Palms Code Enforcement Evaluation Summary Q4 2024 Gemini Training Solutions, LLC
Justin J. Gardiner, CCEO | [email protected] | 760-567-0442 3 Division Overview:

The City of Twentynine Palms Code Enforcement Division currently serves a standing population of approximately 29,000 residents. The city also hosts anywhere between 20,000 to 40,000 service members aboard the Marine Corps Air Ground Combat Center (MCAGCC) and its off-base housing complexes.

A majority of individually owned parcels throughout the city are open/vacant plots of land with absentee owners. Some of these plots may have abandoned homes or outbuildings on them as well. There are two major arteries through the city, 29 Palms Hwy and Adobe Rd, which act as the city’s commercial corridors.

Currently the Code Enforcement Division has two (2) full time officers who report directly to the Director of Community Development. There are no senior officers or front-line supervisors. It was unclear if the code enforcement division had dedicated administrative assistance support.

Code Officers are on a 4/10 work schedule with either Monday or Friday off. They do not work weekends, nights, or city approved holidays. It is worth noting that the rest of the city is closed on Friday’s and City Hall is closed to the public.

Both Code Officers were Certified Code Enforcement Officers (CCEO) through the California Association of Code Enforcement Officers (CACEO).

Code staff did not have an issued uniform or any uniform guidelines. Each code officer wore civilian attire (jeans, shawls, flannels, t-shirts, etc) but had a city issued badge; however, each badge was different in style (one star design, one shield design).

Code staff were not issued any protective equipment or gear such as police radios, chemical agents, ballistic vests, or bite sticks.

Code staff did not have field equipment such as iPads, digital cameras, or printers.

Code staff had one (1) dedicated vehicle, with access to a pool vehicle as needed.

The Code division had no written policies, standards of operating procedures, or guidelines.

The Code division was unable to provide any handouts, pamphlets, or other materials they use to educate or engage the public for review.

Per the last provided report from the city on 01/13/2025 the Code Enforcement Division had a total of 160 open code cases. A significant portion of the 160 cases involved junk/trash/debris or junked/wrecked/dismantled vehicles.

Twentynine Palms Code Enforcement Evaluation Summary Q4 2024 Gemini Training Solutions, LLC
Justin J. Gardiner, CCEO | [email protected] | 760-567-0442 4 Areas of Concern:

Upon interaction with code staff, it was discovered that illegal dumping is a significant problem within the city and code staff routinely perform courtesy clean-ups of dumped items. This appeared to take up a large portion of staff time in the field. This time was also non-recoupable as the clean ups were being done as a courtesy and not as an abatement.

During discussions with code staff, it was also discovered that the city does not currently participate in the Abandoned Vehicle Abatement (AVA) program with the County. This program was designed and funded by the State to address junked, wrecked, abandoned, and/or dismantled vehicles (and associated parts) and provides reimbursement to the city for abatement.

Upon review of the Code Enforcement Division budget, it was noted that the line item for abatements was severely underfunded. As the cost for goods and services continue to rise, an underfunded abatement budget will severely impact the division’s ability to conduct forced clean-ups.

Although clearly outlined on the reverse side of city issued citations, code staff did not appear to have a working knowledge of the appeals process. It was stated that the Citation Processing Center advised code staff that they did not offer appeal hearings to the City. A review of the contract between Twentynine Palms and Citation Processing Center is strongly advised.

An initial review of the City’s Municipal Code showed outdated language allowing gaps as well as processes that hinder code staff’s ability to enforce.

The Code Enforcement portion of the City’s website is located under the “Development” tab opposed to “City Services”. The quick view flow chart of the code process contains multiple grammatical errors and the process that is required to submit a complaint to the city is complex and cumbersome.

The current report writing system being utilized by code staff is Citizenserve. It does not provide the ability to run complex statistical data regarding cases, officer field work, or other reports.

The Code Enforcement division does not have an established mission statement, vision, values, or goals and objectives. Creating these can provide clear guidance and focus for its operations.

The division is void of any written policies and procedures, standards of operation, or training materials (go-bys, examples, how-tos). There has historically been no formal training materials or training program. There is no apparent succession planning or fail-safes for unforeseen vacancies.

Twentynine Palms Code Enforcement Evaluation Summary Q4 2024 Gemini Training Solutions, LLC
Justin J. Gardiner, CCEO | [email protected] | 760-567-0442 5 The division does not appear to have a strong community engagement. Code vehicles were void of any educational materials or handouts. There appeared to be no community outreach or training.

Suggested Improvements:

As an initial step it is advised to begin developing written policies and procedures governing the Code Enforcement Division. These policies may include;
- Uniform Wear and Appearance
- Case Flow Chart
- Case priority matrix and response times
- Case Load Management Expectations
In addition to written policies and procedures it is recommended that staff be provided with upgraded and additional equipment to include;
- A 2nd dedicated vehicle (truck or SUV)
- iPads with cell service
- iPad cases with keyboards
- Wireless mobile printers
- Officer Safety equipment such as chemical agents and/or bite stick - Radios with direct connectivity to the Sherrif’s Department The training budget should be reviewed, and the following courses are highly recommended; - Situation Awareness Specialist – Arcuri Group, LLC
- Applied Verbal De-Escalation – Arcuri Group, LLC
- CPR/First Aid/AED – Health and Safety Institute
- Chemical Agents (OC) training – SABRE International
- Active Violence Emergency Response Training - Health and Safety Institute - Basic Spanish
- Ride along with other jurisdictions
Gemini Training Solutions is certified to provide a several of the above recommended trainings.

Twentynine Palms Code Enforcement Evaluation Summary Q4 2024 Gemini Training Solutions, LLC
Justin J. Gardiner, CCEO | [email protected] | 760-567-0442 6 Twentynine Palms Code Enforcement Department Evaluation Summary Recommendations
Effective code enforcement is vital to the public health and economic well-being of a city. There are significant opportunities within the City of Twentynine Palms to materially improve the efficiency and effectiveness of Twentynine Palms’ code enforcement department. As evidenced by the current officer’s professional certifications, current staff have the knowledge to elevate the department and provide the level of service the City Council and community need.

Appearance:

Standardization and professionalism is vital to any public-facing department. Industry standards dictate staff wear a city-authorized shirts, belt, pants, and boots. Given the remote and rugged nature of the Twentynine Palms community, the less formal polo style long sleeve or short sleeve shirt with the city logo affixed maybe preferrable over a formal Class A-style uniform shirt.

Acceptable polo shirt colors can be determined by the City Manager and Community Development Director with input from the current code enforcement officers. An official cityapproved and logoed jacket for cold weather operations should be required.

Pants should be cargo-style, appropriately fitted, in good repair and can be tan, black, OD green, or navy in color. All pants must be worn with a black or brown leather or nylon belt. Denim jeans may be deemed acceptable by the City Manager or Community Development Department Director so long as the denim is blue or black in color, appropriately fitted, and in good repair.

Footwear should be closed toe and appropriate for austere environments such as hiking boots, trail shoes, or utility boots. Boots should be tan, black, or brown in color. All uniforms should be professional in appearance and free from adornement other than authorized pins or equipment.

Code enforcement officers should carry at all times a pocket-sized pad of paper, pen and pencil, department radio, and any other personal equipped deemed necessary.

Case Management System:

Beyond professional appearance, the areas of concern identified above or summarized below must be addressed. A new, more user friendly, report writing system should be evaluated.

GoGOV is one platform which has proven to be a reliable and easy to use. If Citizenserve can be sufficiently modified, then there may be no need to change.

Day-to-Day Case Management:

Workflow and case management is one of the biggest opportunities to improve efficiency and effectiveness. The current Twentynine Palms Code Enforcement department is reported to be carrying only 160 cases. With two officers, this means each officer is responsible for 80 cases.

With a 4/10 work schedule and holidays off, there are roughly 250 annual working days. With a 80-case-per-officer work load, Twentynine Palms code enforcement officers are working, on average, three (3) cases-per-day. Industry practice for Riverside and San Bernardino County

Twentynine Palms Code Enforcement Evaluation Summary Q4 2024 Gemini Training Solutions, LLC
Justin J. Gardiner, CCEO | [email protected] | 760-567-0442 7 code enforcement officers dictate officers carry 200, 300, or even 500 cases. Assuming a 250- work day year, typical Riverside and San Bernardino County code enforcement officers manage 7-10 cases-per-day.

Standardized Policies:

Standardised policies are vital for both the short- and long-term success of any code enforcement department. Gemini Training Solutions is able to work with Twentynine Palms to ensure all needed policies are put in place. In the interest of time, the following are examples to be considered for implementation and use. These forms, letters, and policies have been responsible for reducing a Riverside County city’s total case load from over 1,500 cases to less than 1,000 oustanding cases in year one, and less than 900 cases by year two.

Summary of Areas of Concern/Next Steps:
1) There is an insufficient budget to deal with high volume of illegal dumping. 2) The City is not participating in the Abandoned Vehicle Abatement program. This program was designed and funded by the State to address junked, wrecked, abandoned, and/or dismantled vehicles (and associated parts). This program provides reimbursement to the city for abatement.
3) Code enforcement officials should develop a strong working knowledge of the appeal process.
4) Review and understand the contract between the City and the Citation Process Center. 5) Identify code-related knowledge gaps within the community. Create phamphelts to help residents understand common code violations and ways to correct said violations. 6) Identify and correct any outdated or inefficient language and/or processes within the municipal code. Identify ways to modify the municipal code to improve code enforcement-related operational efficiency and effectiveness. 7) Consider moving code enforcement’s location on the city website from Development to City Services.
8) Ensure all code enforcement related documentation is grammatically correct and free of misspellings.
9) Improve ease-of-use of the online complaint system.
10) Ensure code enforcement reporting platform is capable of providing industry standard statistical data regarding cases, officer field work, and other reports. 11) Create code enforcement-specific mission, vision, values, goals, and objectives. 12) Code enforcement is void of any written policies and procedures, standards of operation, or training materials (go-bys, examples, how-tos, etc.). 13) Create formal code enforcement officer-focused training materials to include written documents, in-person training, and online training programs. 14) Strengthen community engagement through intentional outreach and training. Ensure code enforcement vehicles are always equipped with pamphlets to handle common code enforcement related questions or issues.

CATHEDRAL CITY CODE COMPLIANCE
68700 AVENIDA LALO GUERRERO • CATHEDRAL CITY, CA 92234 • PHONE (760)770-0309• FAX (760)202-2454 ______________________________________________________________________________________________________________________________ (date)
(Owner)
(Address)
(City) (State) (Zip)
(Case Number):

RE: Notice of Pendency – Property Compliance and Removal Fee Dear (Owner):

I am writing to inform you of the current status of the property located at [Property Address] and the necessity to address outstanding violations promptly. Despite previous notifications and opportunities to rectify the violations, compliance has not been achieved.

As a result, we intend to record a Notice of Pendency against the property. This legal notice prevents the transferring of the property or premises to another person or entity without first correcting the outstanding violations and reimbursing the City for any and all costs incurred by the City in its attempt to remedy the violation.

Recording a Notice of Pendency is a step taken to protect the interests of all parties involved, including your neighbors and the community.

To remove the Notice of Pendency, it is imperative that you promptly address and rectify all violations associated with the property. Upon successful completion of the required corrections, a fee of $245.00 will be incurred for the removal of the Notice of Pendency.

Please be advised that this fee is intended to cover administrative costs associated with the recording and removal process. The payment should be made payable to Cathedral City Code Compliance and submitted to 68700 Avenida Lalo Guerrero, Cathedral City, Ca 92234 within ten days of completing the necessary corrections.

To assist you in understanding the violations and the steps required for compliance, we have enclosed a copy of the “Notice and Order to Abate” from our first site visit with an updated list of the specific issues that need attention. It is crucial that you take immediate action to ensure the safety and compliance of the property.

If you have any questions or need clarification on the violations and the corrective measures needed, please contact our office at 760-770-0309. Your prompt attention to this matter is greatly appreciated, and we look forward to your cooperation in resolving these issues efficiently.

Sincerely,
(Name of officer)
Code Enforcement Officer
(Officer’s e-mail address)

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Culper Consulting

INVOICE
Culper Consulting, LLC
34486 Yale Drive
Vucaipa, CA 92399
Invoice Number: CC-2026-05
Invoice Date: April 21, 2026
Payment Due Date: Due Immediately
BillTo:

City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
Description
Professional consulting services performed pursuant to the Professional Services Agreement dated April 16, 2026 between Culper Consulting LLC and the City of Twentynine Palms.

This invoice represents compensation for actual work completed prior to the City's stopwork directive issued April 20, 2026, consistent with Section 6(b) of the Agreement, which provides for payment of the actual value of work performed upon termination.

Work Performed (Summary of Completed Value)
Scope 1: Code Compliance Policy Manual &SB 296 Compliance Substantial completion achieved priorto stop-work directive, including:
. Full contract development, scope alignment, and execution - Comprehensive research and policy framework development specific to California municipal code enforcement operations
- City»specific data collection, analysis, and operational mapping - Drafting of a complete 16~chapter Code Enforcement Policies & Procedures Manual, tailored to the City of Twentynine Palms
Culper Consulting LLC | Executive Safety Advisory | www.culperca.com J

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Culper Consulting
0 Integration of applicable municipal code sections, enforcement procedures, officer safety protocols, and organizational structure
- Preparation and organization of deliverables forfinal review and refinement AdditionalWork Completed in Good Faith:
. Development of public-facing communications (press release and social media content) following contract execution
K Supporting documentation and work product available upon request and previously provided.

Project Acceleration (City-Directed)
At the request of the City Manager, project work was expedited and prioritized immediately upon contract execution in orderto accelerate delivery of core policy materials.

As a result of this City-directed acceleration, a substantial portion of the primary deliverable under Scope 1 was completed within a compressed timeframe, resulting in progress exceeding the initial fifty percent (50%) draft milestone threshold earlier than originally anticipated.

This accelerated performance reflects increased value delivered in a shortened timeframe, not a reduction in scope oreffort.

Valuation Basis
- Work completed represents substantial completion of the primary deliverable under Scope 1, the most labor-intensive component of the Agreement - Progress exceeded the initial 50% milestone due to City-directed acceleration of work
. Total documented effort: 23.0 hours of senior-level consulting services, reflecting efficiency consistent with executive municipal advisory work - Valuation reflects delivered work product and professionalvalue, not hourly billing alone
Culper Consulting LLC | Executive Safety Advisory | www.culpercacom

Culper Consulting
Amount
Description
Professional Consulting Services —Work Performed Prior to Termination
Summary
Subtotal: $9,000l00
Total Due: $9,000.00
Payment Terms
Due immediately
Remittance Instructions:

Checks payable to: Culper Consulting, LLC
Notes
Period Amount
April $9,000.00
2026
This invoice reflects the reasonable and proportional value of work completed, including substantial completion ofScope 1 deliverables, prior to termination of the Agreement.

All work was performed in good faith, in accordance with the Professional Services Agreement and accepted industry standards
Culper Consulting LLC reserves all rights under the Agreement and applicable law.

Questions
[email protected]
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Culper Consulting LLC IExecutive SafetyAdvisory] www.culpercacom

Contact
760-567-0442 (Mobile)
[email protected]
www.linkedin.com/in/jgardinercceo
(LinkedIn)
Top Skills
Law
Office Equipment
Management
Certifications
Standardized Field Sobriety Test
Administrator
Introduction to Incident Command
System IS-0010.b
Emergency Vehicle Operators
Course
Situation Awareness Specialist -
Advanced Practitioner
Community Emergency Response
Team Train-the-Trainer
Honors-Awards
Police Meritorious Service Medal
Police Community Service Award
Purple Heart
Combat Infantryman Badge
Naval Achievement Medal
Justin J. Gardiner, CCEO,

COSCI, SAS-MP
Code Compliance Manager - City of Cathedral City
Cathedral City, California, United States
Summary
A dedicated public servant with over 15 years in service to others.

Experience
City of Cathedral City
Code Compliance Manager
August 2023 - Present (2 years 10 months)
United States
Santiago Canyon College
Adjunct Professor
April 2023 - Present (3 years 2 months)
Orange, California, United States
Gemini Training Solutions, LLC
Partner
June 2022 - Present (4 years)
California, United States
County of Riverside
3 years 6 months
Senior Code Enforcement Officer
December 2021 - August 2023 (1 year 9 months)
Riverside County, California, United States
Code Enforcement Officer II
March 2020 - December 2021 (1 year 10 months)
Palm Desert, CA
County of Riverside Emergency Management Department
Emergency Services Coordinator
June 2019 - January 2020 (8 months)
Indio, CA

United States Department of Defense
Police Officer / Field Training Officer
October 2013 - June 2019 (5 years 9 months)
Twentynine Palms, CA
US Army
7 years
Schools and Training Manager
June 2007 - March 2013 (5 years 10 months)
Fort Irwin, CA
Designated Marksman
April 2007 - June 2008 (1 year 3 months)
Kunar Province, Afghanistan
Personal Security Detail / Executive Protection
September 2006 - April 2007 (8 months)
Bamberg
.

Infantry Soldier
April 2006 - September 2006 (6 months)
Fort Moore, GA
Education
National University
Bachelor's degree, Homeland Security and Emergency Management · (2015 - 2019)
Santiago Canyon College
Associate of Science - AS, Code Enforcement and Compliance · (2021 - 2022) Kaplan University
Associate of Science - AS, Criminal Justice/Law Enforcement Administration · (2013 - 2015)

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