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Item No. 8
AGENDA REPORT
DATE: February 24, 2025
TO: Honorable Mayor and City Council
FROM: Trevor Benson, Public Safety Manager 113
SUBJECT: Code Enforcement Fine Forgiveness Program
RECOMMENDATION:
That the City Council adopt Resolution No. 2025-04, establishing the City of Yucaipa Code Enforcement Fine Forgiveness Program, which sets forth procedures and eligibility requirements for waiving outstanding fines associated with corrected violations under the Yucaipa Municipal Code.
BACKGROUND/DISCUSSION:
The City of Yucaipa ("City") seeks to promote public health, safety, and welfare by encouraging compliance with the Yucaipa Municipal Code ("YMC"). Outstanding code violations can create blight, pose public safety concerns, and result in accrued fines that burden property owners and the City alike.
To address these issues, staff has prepared a Code Enforcement Amnesty Program ("Program").
Over the years, the Code Enforcement Department, has accumulated hundreds of cases which have zero resolution and require bi-weekly re -inspections. These cases have not only caused a massive workload strain on city personnel but also significant fines on residents.
Under the proposed Program, property owners and other responsible persons with outstanding YMC violations may submit an application to have accrued fines waived if they correct the underlying violations by May 15, 2025. The Program includes eligibility criteria, an application and review process, provisions for on -site inspections to verify compliance, and a mechanism for waiver of fines upon confirmation of compliance.
Staff believes this Program will encourage prompt correction of outstanding violations, reduce the administrative burden associated with ongoing code enforcement actions, and help ensure that properties are maintained in accordance with the YMC. The proposed Resolution adopts the Program as detailed in Exhibit "A" and authorizes the City Manager, or their designee, to implement and administer the Program.
FISCAL IMPACT:
The fiscal impacts of the Program consist of. (1) potential reductions in revenue derived from collecting fines and (2) anticipated cost savings from reduced administrative and enforcement activities.
While the City will waive outstanding fines for qualifying participants and forego potential collection of those amounts, staff anticipate that benefits from improved property conditions and reduced code enforcement workload will outweigh any loss of fine revenue.
Attachment(s) :
1. Resolution No. 2025-04
Approved b
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ATTACHMENT
RESOLUTION NO.2025-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, ESTABLISHING THE CODE ENFORCEMENT FINE
FORGIVENESS PROGRAM
WHEREAS, the City of Yucaipa ("City") seeks to promote public health, safety, and welfare by encouraging compliance with the Yucaipa Municipal Code ("YMC"); and WHEREAS, outstanding code enforcement violations can create blight, undermine public health and safety, and place an administrative burden on the City; and WHEREAS, the City Council desires to incentivize property owners and responsible parties to voluntarily come into compliance with the YMC by waiving accrued fines upon verified correction of violations; and
WHEREAS, the City Council finds and determines that providing a Code Enforcement Amnesty Program ("Program") is in the best interests of the residents of Yucaipa because it promotes prompt correction of violations, reduces the City's enforcement workload, and fosters a collaborative approach to code compliance; and
WHEREAS, the City Council desires to adopt the Code Enforcement Fine Forgiveness Program Policy as set forth in Exhibit "A" to this Resolution, which establishes the procedures, eligibility requirements, and program duration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1. Adoption of Code Enforcement Fine Forgiveness Program Policy. The City Council hereby adopts the Code Enforcement Amnesty Program Policy, attached hereto as Exhibit "A" and by this reference incorporated herein.
Section 2. Implementation and Administration. The City Manager, or their designee, is authorized and directed to take any and all actions necessary to implement and administer the Code Enforcement Fine Forgiveness Program in accordance with the policies, procedures, and requirements set forth in Exhibit "A." Section 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution or the Code Enforcement Fine Forgiveness Program Policy attached hereto is for any reason held to be invalid, unlawful, or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or the Code Enforcement Amnesty Program Policy. The City Council declares that it would have adopted this Resolution and the Code Enforcement Fine Forgiveness Program Policy, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions might be declared invalid, unlawful, or unconstitutional.
Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption.
The Code Enforcement Fine Forgiveness Program Policy shall be in effect upon adoption by the City Council and shall remain in effect until May 15, 2025, unless extended or terminated by further action of the City Council.
PASSED, APPROVED, and ADOPTED this 24th day of February, 2025.
Jon Thorp, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
Exhibit "A"
CITY OF YUCAIPA
CODE ENFORCEMENT FINE FORGIVENESS PROGRAM POLICY
1. Purpose
I.I. The City of Yucaipa ("City") seeks to promote public health, safety, and welfare by encouraging voluntary compliance with the Yucaipa Municipal Code ("YMC").
1.2. The purpose of this Code Enforcement Fine Forgiveness Program ("Program") is to incentivize property owners and other responsible persons to correct outstanding YMC violations by waiving accrued fines for those who come into compliance within a specified period.
1.3. This Program aims to reduce the administrative burden on both the City and the public by resolving outstanding code enforcement actions in an efficient manner.
2. Definitions
2.1. Fine Forgiveness: A temporary, limited -time offer by the City to waive outstanding code enforcement fines, provided that violations are corrected and all Program requirements are met by the applicant.
2.2. Applicant: Any individual, property owner, business owner, or other responsible party who has received code enforcement citations or notices for YMC violations and submits an Application to the Program.
2.3. Code Enforcement Violation: Any act or omission that constitutes a violation of the YMC, and has resulted in a fine, penalty, or other enforcement action.
2.4. Fine: A monetary penalty assessed by the City in response to a code enforcement violation as authorized under the YMC.
2.5. Outstanding Fine: Any unpaid fine or penalty assessed by the City for a YMC violation that remains due and owing as of the effective date of this Program.
2.6. Corrected Violation: A violation determined by the City to be remedied and brought into compliance with the YMC. Evidence of correction may include photographs, inspection results, or other documentation approved by the City Manager or their designee.
2.7. City Manager or Designee: The City Manager of Yucaipa or an individual authorized by the City Manager to make decisions regarding Program administration and approval of Applications.
Code Enforcement Fine Forgiveness Program Policy
3. Eligibility
3.1. Violations Covered. All outstanding YMC code enforcement violations are eligible for amnesty if:
• The violation(s) occurred before or on the Program's effective start date; and • All required corrective actions have been completed, as substantiated by photographs, inspection results, or other documentation approved by the City Manager or their designee.
3.2. Exclusions. The following are not eligible for the Program:
• Violations that, due to their nature or severity, pose an immediate risk to public health or safety, as determined by the City Manager or designee. • Violations involving ongoing legal action (e.g., lawsuits or criminal proceedings) that the City Attorney deems ineligible.
• Violations already corrected and fully paid prior to the effective date of this Program.
• Violations arising under other laws or regulations apart from the YMC.
3.3. Deadline for Application. All Applications must be actually received by the City on or before May 15, 2025 to be considered for amnesty.
4. Application Process
4.1. Application Forms. Applicants must use the official City of Yucaipa Code Enforcement Fine Forgiveness Program ("Application"), available at City Hall or on the City's official website.
4.2. Required Documentation. Applications must include the following:
• A completed Application form signed by the Applicant. • Photographs showing the corrected condition(s) for each cited violation. • Any additional documentation that supports the Applicant's claim that all violations have been corrected (e.g., permits, receipts for work completed, inspection reports, etc.).
4.3. Submission of Application. Applications may be submitted in person at City Hall or via mail. Applications must be received by the deadline noted above. A separate Application is required for each property address if an individual or entity owns multiple properties with outstanding violations.
Code Enforcement Fine Forgiveness Program Policy
5. Verification and Inspection
5.1. City Review of Documentation. Upon receiving an Application, City staff will review all submitted photographs and other documentation to determine whether the violations appear to be corrected based on photographic or other evidence.
5.2. On -Site Inspection. The City reserves the right to conduct a follow-up inspection of the subject property to verify that the violations have been corrected. The inspection may be scheduled with reasonable notice to the Applicant.
5.3. Failure to Allow Inspection. If an Applicant refuses or repeatedly fails to allow a necessary on -site inspection, the City Manager or designee may deny the Application for Fine Forgiveness.
6. Approval Process
6.1. Initial Review. City staff will conduct an initial review of the Application to confirm completeness and verify that the violations appear to be corrected. If the corrections cannot be determined from the submitted photographs or other documentation, City staff may schedule an On -site Inspection under Section 5.2 above. Incomplete Applications will be returned or held pending additional documentation or information.
6.2. Recommendation to City Manager or Designee. If the Application meets the requirements of this policy and demonstrates a Corrected Violation, City staff will prepare a written recommendation to the City Manager or designee. If the Application does not meet the requirements of this policy or fails to demonstrate a Corrected Violation (including but not limited to a failure to allow an On -Site Inspection) staff will recommend denial and provide reasons.
6.3. Decision by City Manager or Designee. The City Manager or designee will either grant or deny the Application for Fine Forgiveness based on the following considerations:
• Compliance with all eligibility criteria;
• Completeness and accuracy of the documentation;
• Results of any on -site inspection;
• Any other relevant factors affecting compliance with the YMC.
6.4. Notification of Decision. The City Manager or designee will issue a written decision within thirty (30) days of receiving a complete Application or after conducting an on -site inspection, whichever is later. The decision will include:
• Whether the Application is approved or denied;
• Explanation of reasons for the decision;
• Next steps for the Applicant (if any).
Code Enforcement Fine Forgiveness Program Policy
7. Grounds for Denial. An Application for Fine Forgiveness may be denied for any of the following reasons:
7.1. Failure to Correct Violations. The Applicant did not fully correct the violations as required by the YMC.
7.2. Incomplete or Inaccurate Application. The Applicant provided false, misleading, or incomplete information in the Application or supporting documents.
7.3. No Evidence of Correction. The Applicant did not include sufficient documentation or allow an on -site inspection to verify the violations were corrected.
7.4. Ineligibility. The violation(s) fall outside the scope of the Program (e.g., ongoing legal proceedings, health and safety exceptions, or other exclusions noted in Section
3.2).
8. Effect of Approval
8.1. Waiver of Fines. Upon approval, all outstanding fines associated with the corrected violations listed in the Application will be waived in full. The City will issue a written confirmation of the waiver to the Applicant.
8.2. No Refund of Previously Paid Fines. Any fines paid prior to the approval of an Application are non-refundable. The waiver applies only to outstanding fines that remain unpaid at the time of approval.
8.3. Future Violations. Approval of an Fine Forgiveness Application does not absolve the Applicant of responsibility for future or additional violations of the YMC.
9. Program Administration
9.1. City Manager Authority. The City Manager or their designee has full authority to interpret and administer this Policy, including the right to adopt administrative procedures to implement the Program.
9.2. Program Duration. The Program will commence upon adoption by the City Council and end on May 15, 2025, unless extended or terminated early by the City Council.
9.3. Amendments. The City Council may amend this Policy as necessary to better serve the public interest and address unforeseen issues that may arise during Program implementation.
Code Enforcement Fine Forgiveness Program Policy