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Home My WebLink About05-07-2019 Item 10 - Authorize Designated Staff to Waive Administrative fines resulting from code enforcement action Department Name: Community Development Cost Center: 4006 For Agenda of: May 7, 2019 Placement: Consent Estimated Time: N/A FROM: Michael Codron, Community Development Director Prepared By: Cassia Cocina, Code Enforcement Supervisor SUBJECT: RESOLUTION ESTABLISHING AUTHORIZING DESIGNATED STAFF TO WAIVE ADMINISTRATIVE FINES RESULTING FROM CODE ENFORCEMENT ACTION RECOMMENDATION Adopt a Resolution (Attachment A) to establish authorizing designated staff to waive or void administrative fines resulting from code enforcement action. DISCUSSION Background The City’s Code Enforcement division utilizes a variety of tools to gain compliance from violators beginning with the issuance of a notice of violation and progressing to administrative citations when voluntary compliance is not accomplished. Under a Resolution adopted in 2018 administrative fines “step-up” from an initial citation amount of $200 dollars to later citations (for failure to comply) of upwards of $1,000. Previously, administrative fines were voided/waived by a Community Development supervisor if compliance was achieved the same day as fine issuance, or if the property owner was otherwise able to demonstrate commitment to quickly resolve the noticed violation. Under prior Resolution at this early stage, the fines were nominal and waiving them facilitated a better working relationship with the property owner frequently resulting in the intended objective; improved and ongoing compliance. Another staff tool available to gain voluntary compliance includes abatement agreements that provide milestones and ensure accountability when a code enforcement violation is complicated and requires a longer timeframe to resolve. Abatement agreements outline defined milestones for completion and compliance and can include waivers of some or all associated administrative fines as part of the agreement, which also encourages compliance. Packet Pg. 167 Item 10 Procedures for Waiving/Voiding Citations Historically, the procedure for waiving and/or voiding Code Enforcement notice of violations emulated the procedures for settlement payments, which require City Manager or City Council approval prior to waiver/void. This practice paralleled Resolution 6800 (Attachment B), which set the limits of the City Manager’s authority to make settlement payments on claims against the City up to ten thousand dollars ($10,000). Claims over this amount require City Council approval. On May 15, 2018, City Council adopted Resolution 10894 (Attachment C). The resolution increased the administrative fines regarding code enforcement violations for second citation from two hundred dollars ($200) to five hundred dollars ($500) and third citation from five hundred dollars ($500) to one thousand dollars ($1000). Code Enforcement is now utilizing abatement agreements more frequently, due to the increase in accrued fines. As it currently stands, each abatement agreement to be executed, or fine to be waived, requires City Manager and/or City Council approval. This process is time consuming and prevents quick resolution of a code enforcement action. Establishing a tiered threshold of authorized staff is recommended as an administrative efficiency measure and increased notice of violation compliance. It would alleviate workload for the City Manager and City Council and provide more expedient opportunities for a property owner to resolve code enforcement violations. As a result, staff is recommending that the Council authorize the Community Development Director, Assistant City Manager for Community Services and City Manager, to waive fines in the following defined amounts. Waive Amount Authorized Staff Up to ten thousand dollars ($10,000) Community Development Director Over ten thousand to twenty-five thousand dollars (>$10,000 - $25,000) Assistant City Manager, Community Services Over twenty-five thousand dollars- fifty thousand dollars City Manager Policy Context No substantive policy changes are being proposed. The recommended changes facilitate staff’s ability to implement the direction City Council provided staff for its Code Enforcement Priorities. These were established on November 21, 2017 and further implemented on May 15, 2018. The recommended actions will ensure that staff has the tools needed for consistent and complete administration of code enforcement activities. Public Engagement No public engagement has been conducted in support of this recommendation. Packet Pg. 168 Item 10 CONCURRENCE Community Development Department continues to coordinate the daily code enforcement activities with several 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 previously approved code enforcement priorities and the recommendations presented in this report. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15278. FISCAL IMPACT There is no significant impact as a result of fine dismissal. Code Enforcement’s main goal is compliance and the revenue forecast reflects that assumption. ALTERNATIVES 1. Do not adopt the resolution. This is not recommended as it minimizes the ability to efficiently manage code enforcement cases and gain compliance. 2. Continue consideration of the staff recommendation if more information is needed. The City Council may continue this matter to a future date and provide direction to staff if more information is needed before a decision can be made. Attachments: a - DRAFT RESOLUTION ESTABLISHING A TIERED THRESHOLD AUTHORIZING DESIGNATED STAFF TO WAIVE ADMINISTRATIVE FINES RESULTING FROM CODE ENFORCEMENT ACTION b - RESOLUTION 6800 - INCREASING THE LIMITS OF THE CITY ADMINISTRATIVE OFFICER'S AUTHORITY TO MAKE SETTLEMENT PAYMENTS ON CLAIMS AGAINST THE CITY c - 10894 AMENDING THE AMOUNT OF ADMINISTRATIVE FINES PAYABLE UNDER CERTAIN C Packet Pg. 169 Item 10 R ______ RESOLUTION NO. _____ (2019 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ESTABLISHING A TIERED SYSTEM AUTHORIZING STAFF TO WAIVE ADMINISTRATIVE FINES RESULTING FROM CODE ENFORCEMENT ACTION WHEREAS, historically the procedure for waiving and/or voiding Code Enforcement administrative fines required City Manager or City Council approval; and WHEREAS, Code Enforcement is dedicated to gaining compliance in a timely manner and current methodology hinders the ability for quick resolution; and WHEREAS, not all code cases are resolved immediately, and the property accrues multiple administrative citations related to code enforcement action; and WHEREAS, establishing a fine threshold that authorizes staff to enter into abatement agreement or void/waive citations provides an effective tool for code enforcement resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Designated staff are authorized to enter into abatement agreements and waive or void administrative fines as shown on Exhibit A attached hereto and incorporated herein. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2019. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk Packet Pg. 170 Item 10 R ______ 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 ______________, 2019. ____________________________________ Teresa Purrington City Clerk Packet Pg. 171 Item 10 R ______ Exhibit A Abatement Agreement Waive Amount Authorized Staff Up to ten thousand dollars ($10,000) Code Enforcement Supervisor/Chief Building Official Over ten thousand to twenty-five thousand dollars (>$10,000 - $25,000) Community Development Director Over twenty-five thousand to fifty thousand dollars (>$25,000 - $50,000) City Manager Packet Pg. 172 Item 10 Packet Pg. 173 Item 10 Packet Pg. 174 Item 10 RESOLUTION NO. 10894 (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 Obispo Municipal Code, and adopting Administrative Guidelines; ;end 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 Council 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 violation 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). Packet Pg. 175 Item 10 Resolution No. 10894 (2018 Series) Page 2 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). Upon motion of Council Member Rivoire, seconded by Vice Mayor Christianson, and on the following roll call vote: AYES: Council Members Gomez, Pease and Rivoire, Vice Mayor Christianson and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 15`h day of May 2018. ATTEST: d'J"' P A--, Teresa Purrington City Clerk APPROVED AS TO FORM; V Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the CityofSanLuisObispo, California, this 1%t*— day of r Teresa Purrington City Clerk Packet Pg. 176 Item 10 Resolution No. 10894 EXHIBIT A Page 3 R 10894 Packet Pg. 177 Item 10 Resolution No. 10894 EXHIBIT A Page 4 R 10894 Packet Pg. 178 Item 10 Resolution No. 10894 EXHIBIT A Page 5 R 10894 Packet Pg. 179 Item 10 Resolution No. 10894 EXHIBIT A Page 6 R 10894 Packet Pg. 180 Item 10