Loading...
HomeMy WebLinkAbout05-15-2018 Item 17 Public Hearing - Ordinance intro for Code Enforcement Priorities & Bldg Fine AmendmentMeeting Date: 5/15/2018 FROM: Michael Codron, Community Development Director Prepared By: Martin Van Gundy, Interim Chief Building Official SUBJECT: AN ORDINANCE AMENDING CHAPTER 1.24 (ADMINISTRATIVE CODE ENFORCEMENT PROCEDURES) OF TITLE 1 TO THE SAN LUIS OBISPO MUNICIPAL CODE; AND A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING THE AMOUNT OF ADMINISTRATIVE FINES PAYABLE UNDER CERTAIN CITATIONS. RECOMMENDATION 1.Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 1.24 (Administrative Code Enforcement Procedures) of Title 1 to the San Luis Obispo Municipal Code”; and 2.Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, amending the amount of administrative fines payable under certain citations” to adopt and implement the recommended amended administrative fine schedule for violations of Titles 8, 15, and 17 (except Chapter 17.17). DISCUSSION On November 21, 2017, the City Council established code enforcement priorities and provided staff with additional direction regarding implement ation of the priorit ies. The direction received included the development of additional enforcement tools, such as recording notices of violations, and increased fines to help deter illegal construction. Fine Increase for Building Code Violations As discussed, an effective tool for deterring violations and facilitating compliance is increased fines. The recommended fine increase for building code violations include: Current Administrative Fine New Administrative Fine 1st Citation $100 $100 2nd Citation $200 $500 3rd Citation, each thereafter $500 $1000 Packet Page 409 Item 17 1. The proposed resolution will increase the administrative fine for second and third citations issued for a given code violation, the fine amount for the first citation will remain. The base fine amounts for the second and third citation increases from two hundred dollars to five hundred dollars and five hundred dollars to one thousa nd dollars respectively. The increased fine amounts are limited to administrative citations issued under Municipal Code Title 8 Health and Safety, Title 15 Buildings and Construction, and Title 17 Zoning with the exception of Chapter 17.17 which contains t he Property Maintenance Standards used for the Neighborhood Services Enforcement such as visible storage, front yard parking, and other neighborhood preservation regulations. 2. Late Payment Charge. Staff is recommending a revised late payment fee structure which is consistent with industry standards. Municipal Code section 1.24.070(B)(1) has been added to include a late payment fee to recover costs associate with collection and help encourage timely payments. The revised ordinance proposes establishing a late payment fee through assessing interest accrued at a rate of 8% per month until paid. 3. Repeat Violation by Same Owner. Staff is recommending add ing Municipal Code section 1.24.070(A)(1) to discourage the same violation occurring on multiple properties by the same violator. The proposed ordinance allows staff to initiate the higher fines for repeat violations by the same person. For example, if an individual continues to work without the required permits multiple times over a 12 -month period and on separate properties each time, they would be subject to increased penalties. With this example, the recommended actions would allow staff to issue a citation for the second violation occurring on a separate property at the increased fine amount allowed for the s econd citation. As recommended at the November 21, 2017 City Council meeting, Neighborhood Services violations will not be increased as compliance is normally attained through current fine amounts, proactive patrol, and outreach and educational efforts. Recording the Notice of Violation The City currently has a notice of violation process, however , this process does not include recording the notice on the property’s title. This enforcement mechanism will be used for continued property related violations such as building code violations. This process is not applicable to “one time” or other transitory type of violations such as those contained in Title 8 of the City’s Municipal Code. The proposed changes will not affect the current notice of violation - a violation will continue to receive a notice of correction (courtesy notice) before receiving any notices of violation or citations. Packet Page 410 Item 17 The notice of violation will be recorded with the County Recorder’s Office which serves as notice to any person performing due diligence prior to purchasing a property. During the purchase of a property, most financing agencies (banks, credit unions, savings and loans, etc.) require that these types of notices be removed from title before proceeding with the financing. This has the added benefit of compelling compliance at a time when the property owner is motivated and can provide sufficient resources to correct any outstanding violations. It also removes the argument that the property owner did not know about a code violation if they went forward with a property purchase despite the notice. With the notice recorded and appropriate due diligence performed, a new owner has knowledge of existing code violations and is free to assume that obligation if they choose, or to require the violation to be resolved prior to purchase of the property. There may be circumstances where the seller will not resolve the violations, but the buyer is willing to assume the liability voluntarily. In these cases, the City will work with the new property owner to accomplish compliance through an abatement agreement. This can be helpful in a case where the violations are significant and require a large investment in construction costs to resolve. The new owner purchases the property knowing the scope of violations to be resolved and is typically better able to reach resolution in a timely fashion. Further, the new owner may be in a better position to finance the improvements with the purchase of the property. This process has been used by the County for many years. Once the violations on the notice of violation have been corrected, the property owner requests a reinspection of the property to determine compliance. Once each violation has been remedied and all the fees/fines are paid, a notice of complia nce will be subsequently recorded on the property. It is the notice of compliance which will cancel the recorded notice of violation. CONCURRENCES Community Development Department continues to coordinate the daily code enforcement activities with severa l City Departments to accomplish its work program. Fire, Police, Public Works, Utilities, Administration concur with the information included in this report. Staff worked closely with the City Attorney’s Office to develop the previously approved code enforcement priorities and the recommendations presented in this report. ENVIRONMENTAL REVIEW The proposed action is a policy decision regarding implementation of existing regulations. This action does not change existing regulations, nor does it introduce the potential for any new environmental impacts. Additionally, the enforcement of regulations is categorically exempt from environmental review pursuant to Section 15321(a)(2) of the CEQA Guidelines, enforcement action by regulatory agencies. Packet Page 411 Item 17 FISCAL IMPACT The proposed revisions will have a positive fiscal impact because they will provide increased revenue to help offset costs associated with code enforcement. Ideally, each of the complaints received by the City would result in voluntary compliance, there fore not initiating any of the proposed fees and/or fines. However, in practice fees and fines are necessary to motivate compliance. In the event a violation persists and the proposed fee is applied to a violation, the amount of revenue collected will greatly depend on the scope and severity of violations, and these will vary from month to month and year to year . The procedural impacts for staff will be minimal. ALTERNATIVES 1. Adopt the Resolution to implement the recommended fine amounts and the Ordinance amendments establishing additional code enforcement tools. This is in accordance with the November 21, 2017 City Council direction. This provides a more effective utilization of the revised code enforcement priorities established at the November 21, 2017 City Council Meeting. 2. Do not adopt and implement the recommended fine schedule and Ordinance amendments. This is not recommended as it is not consistent with previous City Council direction and limits code enforcement effectiveness. Attachments: a - Code Enforcement Ordinance b - Draft Resolution Increasing Administrative fines (Chapters 8, 15, & 17 except Chapter 17.17) c - Draft Resolution Exhibit A, Administrative Guidelines for Chapter 1.24 Packet Page 412 Item 17 O ______ ORDINANCE NO. _____ (2018 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING CHAPTER 1.24 (ADMINISTRATIVE CODE ENFORCEMENT PROCEDURES) OF TITLE 1 TO THE SAN LUIS OBISPO MUNICIPAL CODE NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 1.24.050, subsection E of the San Luis Obispo Municipal Code is hereby amended as follows: E. Prior and Repeat Violations. The city may take into consideration the fact that a person has been previously issued an uncorrected notice of violation and/or a sustained administrative citation when the city is determining whether to accept an application or to grant any permit, license or any similar type of land use approval for that person and such notice of violation and/or administrative citation may be used as evidence that the person has committed acts that are not compatible with the health, safety, and general welfare of other persons and businesse s within the city. Repeated violations by the same person or the same property of the same code provision within any twelve-month period may result in the issuance of an administrative citation(s) imposing additional or escalated administrative fines without a notice of violation and/or notice to correct preceding the citation. SECTION 2. Section 1.24.070, subsection C is hereby added to the San Luis Obispo Municipal Code as follows: C. Late Payment Charges. Any person who fails to pay to the City any fine imposed pursuant to this chapter on or before the date that fine is due also shall be liable for interest accrued at a rate of 8% per month until paid. SECTION 3. Sections 1.24.160 through 1.24.190 are hereby added to the San Luis Obispo Municipal Code as follows: 1.24.160 Issuance and recordation of notices of violation. This chapter shall govern the procedures relating to the recordation of administrative notices of violation. 1.24.170 Procedures for recordation. A. Once the director has issued a notice of violation to a responsible person and the property remains in violation after the deadline established in the notice of violation, the director may record a notice of violation with the Reco rder’s Office of San Luis Obispo County. Packet Page 413 Item 17 Ordinance No. _____ (2018 Series) Page 2 O ______ B. Before recordation, the director shall provide to the responsible person a letter of intent to record a notice of violation unless a written appeal is filed pursuant to the procedures outlined in this chapter. The letter shall be served pursuant to any of the methods of service set forth in Chapter 1.24 of this code. The director may also send a courtesy copy of the letter to any financial institution with a legal interest in the real property. C. If a written appeal is not filed pursuant to the procedures set forth in this chapter, the director may record the notice of violation if the violation has not been corrected. D. The recorded notice of violation shall include the name of the property owner, the property’s assessor’s parcel number, the parcel’s legal description, and a copy of the notice of violation. 1.24.200 Service of recorded notice of violation. A copy of the recorded notice of violation shall be served on the responsible person and property owner pursuant to any of the methods of service set forth in Chapter 1.24 of this code. 1.24.180 Notice of compliance – Procedures. A. After a notice of violation has been recorded, and after the violations listed on the notice of violation have been corrected, the responsible person or prop erty owner may file with the director a written request for a reinspection of the property to determine compliance with the municipal code and applicable state codes listed in the recorded notice of violation, and for the issuance of a notice of compliance on a form provided by the city. B. Once the director receives this request, the director shall reinspect the property to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed. C. The director shall serve a notice of compliance to the responsible person or property owner in the manner provided in Chapter 1.24 of this code if the director determines that: 1. All violations listed in the recorded notice of violation have been corrected; and 2. All necessary permits have been issued and finalized; and 3. All civil penalties assessed against the property have been paid; and Packet Page 414 Item 17 Ordinance No. _____ (2018 Series) Page 3 O ______ 4. The party requesting the notice of compliance has paid an administrative fee in an amount set by resolution of the City Council to reimburse the city for all administrative costs related to the request for a notice of compliance. Upon finding that the conditions above have been satisfied, the director shall record the notice of compliance with the County Recorder’s Office. The recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation. D. If the director denies a request to issue a notice of compliance, the director shall serve the responsible person or property owner with a written explanation setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service listed in Chapter 1.24 of this code. E. The director’s decision denying a request to issue a notice of compliance shall be final and non-appealable. 1.24.190 Prohibition against issuance of permits. Subject to the exception set forth herein, the city may withhold any permit for any alteration, repair or construction pertaining to any existing or new structures or signs on a property where a notice of violation is recorded, or any permits pertaining to the use and development of the real property or the structure. The city may thereafter withhold permits until a notice of compliance has been issued by the director. The city may not withhold permits which are necessary to obtain a notice of compliance or which are necessary to correct serious health and safety violations. SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this Ordinance, or any other provisions of the city’s rules and regulations. It is the city’s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. Packet Page 415 Item 17 Ordinance No. _____ (2018 Series) Page 4 O ______ SECTION 5. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 15th day of May 2018, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ____, 2018, on the following vote: AYES: NOES: ABSENT: ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. ____________________________________ Teresa Purrington City Clerk Packet Page 416 Item 17 R ______ RESOLUTION NO. _____ (2018 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING THE AMOUNT OF ADMINISTRATIVE FINES PAYABLE UNDER CERTAIN CITATIONS. WHEREAS, on October 1, 2002, the City Council of the City of San Luis Obispo adopted Ordinance No. 1426, which added new Chapter 1.24 to Title One of the San Luis Obispo Municipal Code, entitled “Administrative Code Enforcement Procedures”, pertaining to the issuance of administrative citations for San Luis Obispo Municipal Code violations; and WHEREAS, California Government Code Section 53069.4 and San Luis Obispo Municipal Code Chapter 1.24 enables the City, acting as a charter city pursuant to Article XI, Sections 5 and 7 of the State Constitution, to impose and collect civil administrative fines in conjunction with the abatement of Municipal Code violations; and WHEREAS, September 17, 2002, the City Council of the City of San Luis Obispo adopted Resolution No. 9366, effective October 1, 2002, establishing a Fine Schedule setting forth amounts of administrative fines to be imposed pursuant to chapter 1.24 of the San Luis O bispo Municipal Code, and adopting Administrative Guidelines; and WHEREAS, the City Council desires to increase the fine schedule for certain violations that pertain to building, health and safety and specific zoning code violations NOW, THEREFORE, BE IT RESOLVED by the of the City of San Luis Obispo as follows: SECTION 1. Administrative Guidelines for Chapter 1.24 of the city of San Luis Obispo Municipal code dated updated April 2012, for reference attached hereto as Exhibit A SECTION 2. The Fine Schedule established by the City Council on September 17, 2002, by Resolution No. 9366, for administrative citations issued pursuant to Chapter 1.24 of the San Luis Obispo Municipal Code is hereby amended as follows: A. For the first violation of the San Luis Obispo Municipal Code, Chapter 8, Chapter 15, Chapter 17, excepting section 17.17, the administrative citation fine shall remain the same at the current sum of One Hundred Dollars ($100) for each such violation. B. For the second violat ion of the same Code sections occurring within twelve (12) months of the prior violations, the administrative fine shall be the sum of Five Hundred Dollars ($500). C. For the third violation, or additional violations thereafter, of the same Code sections occurring within twelve (12) months of the first violation, the administrative fine shall be the sum of One Thousand Dollars ($1000). Packet Page 417 Item 17 Resolution No. _____ (2018 Series) Page 2 R ______ Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2018. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo , California, this ______ day of ______________, _________. ____________________________________ Teresa Purrington City Clerk Packet Page 418 Item 17 Packet Page 419 Item 17 Packet Page 420 Item 17 Packet Page 421 Item 17 Packet Page 422 Item 17 FNewspaper of the Central Coast flab � RECEIVED SLO CITY CLERK 3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406-0112 • (805) 781-7800 In The Superior Court of The State of California In and for the County of San Luis Obispo AD #3645437 CITY OF SAN LUIS OBISPO OFFICE OF THE CITY CLERK STATE OF CALIFORNIA ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above entitled matter; I am now, and at all times embraced in the publication herein mentioned was, the principal clerk of the printers and publishers of THE TRIBUNE, a newspaper of general Circulation, printed and published daily at the City of San Luis Obispo in the above named county and state; that notice at which the annexed clippings is a true copy, was published in the above-named newspaper and not in any supplement thereof — on the following dates to wit;; MAY 53 2018 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on 3une 9, 1952, Case # 19139 under the Government Code of the State of California. I certify (or declare) under the penalty of perjury that the foregoing its true and correct.. (SigkAure of Principal Clerk) DATE: MAY 5, 2018 AD COST: $236.64 aCMOF S€ LI M OBISPO SAN LUIS OBISPO CITY COUNCIL NOTICE OF PUBLIC HEARING The San Luis Obispo City Council invites all interested persons to attend a public hearing on Tuesday, May -15, 2018, at 6:00 p.m. in the City Hall Council Chamber, 990 Palm Street, San Luis Obispo, California, relative to the following: 1) Review of amendments to the Water and Wastewater Man- agement Element of the General Plan with a Negative Declara- tion of Environmental Impact. The an incorporates wa- ter supply information from the 2018 update Oto the City's safe annual yield model and other background information. Project Address: Citywide; Case #: GPA-1454-2018/EID-1455-2018; City of San Luis Obispo Utilities Department, applicant For more information, you are invited to contact Jennifer Metz of the City's Utility Department at (805) 781-7239 or by email at jm�fz�siac€ +.org, 2) Introduce an Ordinance amending Chapter 1.24 (administra- tive code enforcement procedures) of Title 1 to the San Luis Obispo Municipal Code; and adopt a Resolution of the City Council of the City of San Luis Obispo, Callfornia, amending the amount of administrative fines payable under certain cita- tions and implement the recommended amended administra- tive fine schedule for violations of Titles 8, 15, and 17 (except Chapter 17.17). For more information, you are invited to contact Martin Van Gundy of the City's Community Development Department.at (805) 781-7572 or by email at mvangundy,@slocity,org, The City Councll may also discuss other hearings or business items before or after the items listed above. If you challenge the proposed project in court, you may be limited to raising only those issues you or someone else raised at the public hearing descri- bed in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Reports for this meeting will be available for review in the City Clerk's Office and online at www.slocity.org on Wednesday, May 9, 2018. Please call the City Clerk's Office at (805) 781-7100 for more information. The City Council meeting will be televised live on Charter Cable Channel 20 and live streaming on www.slocity. o(g, Teresa. Purrington, City Clerk City of San Luis Obispo ,May 5. 2018 3645437 5/15/2018 1 Code Enforcement Priorities Community Development Department Overview Amend Title 1, San Luis Obispo Municipal Code • Clarify repeat violations • Add late payment fee • Record Notice of Violation on property Adopt Resolution to increase Administrative Citation Fines Prior and Repeat Violations Section 1.24.050(E) Clarified to include violations of the same code section across multiple properties by the same person within a 12 month period Additional noticing is not required for the subsequent violations of the same code section 5/15/2018 2 Late Payment Fee Section 1.24.070(C) New section added to include late payment fee Any person who fails to pay to the City any fine imposed pursuant to this chapter on or before the date that fine is due also shall be liable for interest accrued at a rate of 8% per month until paid Recording Notice of Violation Sections 1.24.160 through 1.24.190 Notification to prospective owners of outstanding code violations on the property Procedures identified Records a notice of violation with the County Recorder’s Office Notice of compliance procedures identified 5/15/2018 3 Resolution Updating Administrative Fine Amounts Title 8, 15, and 17 violations (except 17.17) Current fine amounts: $100, $200, $500 Proposed amounts: $100, $500, $1000 Questions? Thank you! Newspaper of the Central Coast THEAY MBUNE_7_�3825 FRECEIVE_b­­ 2 9 CITY CLERK South Higuera • Post Office Box 112 • San Luis Obispo, California 93406-0112 • (805) 781-7800 In The Superior Court of The State of California In and for the County of San Luis Obispo CMOF OsHnLafflowpo AD #3673974 ORDINANCE NO. 1648 (2018 SERIES) CITY OF SANVT LUIS OBISPO AN OROF THE TY CIL OFDTHE NCITY OF SANILUISOOBI- OFFICE OF THE CITY CLERK SPO, CALIFORNIA, AMENDING CHAP- TER 1.24 (ADMINISTRATIVE CODE EN- FORCEMENT PROCEDURES) OF TITLE 1 TO THE SAN LUIS OBISPO MUNICI- STATE OF CALIFORNIA PAL CODE ss. NOTICE IS HEREBY GIVEN that the City Council of the City of San Luis Obispo, Cal- County of San Luis Obispo Ifornfa, at its Regular Meeting of May15, 2018, introduced the above titled ordi- nance upon a motion by Council Member I am a citizen of the United States and a resident of the Rivoire, second by Council Member Vice County aforesaid; I am over the age of eighteen and not Mayor Christianson, and on the following roll call vote: interested in the above entitled matter; I am now, and at AYES: CounCtl Members Gomez, Pease, all times embraced in the publication herein mentioned and Sivolre, Vice Mayor Christianson, end was, the principal clerk of the printers and publishers of Mayor Harmon. THE TRIBUNE, a newspaper of general Circulation, NOES: None printed and published daily at the City of San Luis Ordinance Nj..11148 (2km Sorlj — This Obispo in the above named county and state; that notice � 1. a City Ordinance amending Chapter 1.24 (Administrative Code Enforcement Pro at which the annexed clippings is a true copy, was cedures) of Title 1 to the San Luis Obispo published in the above-named newspaper and not in any Municipal Code. supplement thereof — on the following dates to wit;; Section 1.24.050 subsection E is amended MAY 23, 2018 that said newspaper was duly and to provide the ability to impose escalated or additional fines for repeat violations by regularly ascertained and established a newspaper of S ywitflln the same person or the same property a twelve-month period. general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on Subsection C is added to Section 1.24.070 detailing late payment charges for unpaid June 9, 1952, Case #19139 under the Government Code fines. of the State of California. Added Section 1.24.160 through 1.24.200 outlines the procedures for recording and removing a Notice of Violation on a proper- I certify (or declare) under the penalty of perjury that the ty, foregoing is true and correct. The ordinance t$ now ready for final adop- lion and WM become ®ffedvo on July 5, full and copy of menti n Ordinance is Ordinance is available for in- e r in- spection spection and copy in the City Clerk's Of- (Skhature of Principal Clerk) rice, located at 990 Palm Street, San Luis DATE: MAY 23, 2018 Obispo, California, or you may call (805) AD COST: $199.52 781-7100 for more information. NOTICE IS HEREBY FURTHER GIVEN That the City Council of the City of San Luis Obispo will consider adopting the aforementioned Ordinance at its Regular Meeting of June 5, 2018 at 6:00 p.m., which wil be held in the Council Chamber, tocated at 990 Palm Street, San Luis Obi- spo, California. Teresa Purrington City Clerk mliy 23, 2018 3673974