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Home My WebLink About11/21/2017 Item 10, Rowley (2) November 21, 2017 Subject: Item 10, Code Enforcement Priorities Dear Mayor Harmon and Members of the Council, Recommend Alternative 2. Reference fines: Although an increase in fines seems prudent, base fee increases to $500 for a second violation and $ 1,000 for subsequent violations seems excessive. However, it does seem proper for a property owner who repeats a violation at an additional, separate property to be subject to being cited immediately. Reference fees: Fees should not be increased at this time. Water and sewer rates have and will continue to rise. It is projected that electric rates will rise. Staff is recommending a fine increase for code enforcement (not NEO) violations. It does not seem prudent to also increase fees. Reference recording notices of violation against a title: It would be valuable to know the process for recording, the cost, how the recording is removed and the cost for doing so. Reference education: In lieu of educational presentations to various groups, which would not necessarily include all new and continuing renters and would be very time-consuming, recommend a brochure be produced. The brochure could be located at the various property management companies and in the housing offices at Cal Poly and Cuesta as well as on-line. If Council desires, an ordinance requiring property managers/owners to distribute the brochure could be considered. As mentioned in my previous correspondence Cal Poly (and Cuesta) have an Educated Renters Certificate Program; staff could work with Cal Poly to update their program with any particulars not already included. Business Licenses: Currently one business license covers all businesses/properties owned by any one business or company. Recommend Council consider revising this policy so that each business has its own "inexpensive" business license. The revenue increase for having each business licensed separately would make up for a low license fee. This change would also seem to facilitate managing the various businesses and rental properties for proper licensing and taxes. Performance standards: Recommend performance standards be based on number of cases opened (pro- active enforcement + complaint-driven) and number of cases successfully resolved. Additional staff: With pension liabilities and other debt liabilities, this does not appear to be a good time to consider code enforcement additional staff. If paring down some of the new responsibilities envisioned (like Power Point presentations) and obtaining additional tools occur, additional personnel may not be needed. Code Enforcement priorities, Attachment A: See attachment for suggestions and comments. Final comment: Per comments on Packet page 154, "Neighborhood Services can be distinguished from other code enforcement activities in that it is proactive. Code Enforcement Technicians are responsible for routine patrols in neighborhoods and business districts throughout the City to identify violations, then contact residents, property owners, and business owners as the case may be, and work to resolve those violations. They are looking for exterior maintenance issues such as parking on the lawn, furniture on the roof, trash cans in the street and overgrown weeds." That Code Enforcement Technicians (formerly Neighborhood Services Specialists) routinely patrol business districts to identify violations is a not particularly welcome new use of these individuals. These individuals were added to code enforcement specifically to look for low level violations (the examples listed above) in specifically residential neighborhoods, including downtown residential neighborhoods. Thank you for your time and your consideration of these comments. Sincerely, Sandra Rowley SLO resident Draft Code Enforcement Priorities November, 2017 Attachment A All investigations are conducted in response to a complaint, except those priorities noted as Proactive”. Proactive investigations are conducted as a routine part of staff’ s daily workload. Complaints are received and responded to from a variety of sources including the public, other local agencies and city staff. Life Safety Hazard Priority Response Timeframe Critical 1 Upon receipt Immediate 2 24 hours Potential 3 2 Days None 4 3 Days Priority 1- Immediate Response- Proactive  Buildings damaged by accident, fire or earthquake. Any structure that may fully or partially collapse whether from damage or accident including those under active construction. Examples include car accidents that damage a building, structure fires or assessment after an earthquake.  Unsafe and/or dangerous utilities or materials require a coordinated response to any damaged utility infrastructure including water, wastewater, natural gas, propane gas, electrical wiring, or other utilities or hazardous materials with potential to endanger the public, including active illegal dumping. Examples include discovery of hazardous materials improperly stored in a residential garage such as excessive amounts of gasoline, damaged propane tanks, unknown chemical spills or abandoned unknown liquid containers. Priority 2- 24-hour Response  Active construction without a permit: Immediate assessment of the hazard to the public from unpermitted construction activity. Assessment is focused on whether the building can remain occupied based on the nature and type of work performed  Unsafe occupancy: Assessment of the hazard to the public from unpermitted occupancy or activity to properly identify necessary protections to put in place. Assessment focused on if the building can remain occupied based on the nature and type of occupancy found. Examples include persons living in a structure not approved for occupancy as a residence, business using equipment or materials ( e.g. welding, vehicle repair) in a location not approved and permitted for the use.  Unsecured buildings – accessible to transients or unauthorized persons Are Code Enforcement Personnel allowed to enter property without owner permission?  Substandard housing – no water, heat, living/sleeping in areas not designed for habitation garage/shed/crawl spaces)  Illegal/unpermitted construction (in progress)  Discharge of sewage  Faulty/hazardous electrical  Gas leaks/smell -- Suggest the Gas Company be notified instead; they come immediately.  Hazardous waste/illicit discharge  Public nuisances (refrigerators w/door on left outside)  Hoarding – Suggest this be moved to priority 3 or 4 unless specific hazard is identified.  Illegal dumping (in progress, otherwise Priority 4) Need clarification: isn't illegal dumping that already occurred referred to Public Works? Packet Pg 170 Draft Code Enforcement Priorities November, 2017 Attachment A Priority 3- 48-hour Response  Illegal/unpermitted construction (completed)  Garage conversions/non-habitable space to residential use  Unpermitted residential in commercial building  Automotive repair/commercial business in residential zone  Grading without a permit  Interior infestation of vermin -- Strongly recommend this be a 24-hour response  Minimum housing standard violations- violations of State or local codes  Noise- operating noises from a business or conduct of an outdoor activity without a permit due to noise limitations (example; outdoor band without a nightclub or special event permit or conducted in violation of such a permit) -- I think this is also a police responsibility Parties, loud stereos and other personal conduct related noise violations are referred to Police Department. Priority 4- 72-hour Response  Living/sleeping in vehicles (on private property)  Operating a business without a license  Commercial Business in a residential zone  Illegal signage  Vacation rentals & unpermitted homestays  Animals (chickens/roosters) -- Chickens allowed with certain restrictions per the Muni Code  Animal waste accumulation  Fence height or location  Exterior infestation of vermin -- Strongly recommend this be a 24- or 48-hour response  Styrofoam sales or use  Water bottle sales or use at City property or events  Plastic straw use at restaurants and bars Priority 4- 72-hour Response- NEO Proactive  Visible storage of various materials (trash, boxes, furniture, equipment, etc.)  Indoor furniture used outdoors  Furniture on the roof of any kind  Waste containers (storage/time on street)  Parking on unapproved location or surface  Overgrown vegetation Priority 4- 72-hour Response- NEO Complaint only  Abandoned/inoperable vehicles (on private property)  Stored vehicles in front yard- cars/boats/RV’s (on private property)  Excessive front yard paving  Deteriorated fencing  Graffiti or abandoned & deteriorated building  Violations of a planning permit (CUP, Use, development or other) Need clarification: previously this was Code Enforcement responsibility, not NEO. Packet Pg 171