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HomeMy WebLinkAboutItem 8.3 Revision of Enforcement Procedures (2) Lf4o -4o AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 23 , 1984 SUBJECT: Revision of Enforcement Procedures EXHIBITS ATTACHED: 1 ) Enforcement Procedures For Complaints Regarding Zoning, Building and Housing Violations and Construction Work Without Permits - Exhibit "A" 2 ) Resolution Establishing a Procedure for Enforcement of Zoning, Building, And Housing Violations and Construction Work Without Permits - Exhibit "B" RECOMMENDATION: Adopt the attached resolution approving the revised procedures FINANCIAL STATEMENT: Adoption of revised procedures will increase the number of zoning violations to be investigated. The City Council has allowed additional funding for zoning enforcement in this years budget. DESCRIPTION: Multiple Violations The present procedure was adopted by the City Council on November 14 , 1983 , and provided that enforcement would be primarily on a complaint basis . This resulted in problems whereby visible and obvious similiar zoning violations in the immediate vicinity of another zoning violation would not be investigated because a complaint had not been registered. Under the revised procedures it is proposed to investigate all similar violations that are visible from the site where a complaint is being investigated. It is also proposed to investigate any similar violations pointed out to the investigator . This revised wording is located on page 4 of the procedure under "Multiple Violations . " Administrative Relief Under the present procedures enforcement actions are suspended after an application for Variance, Conditional Use Permit or other administrative remedy has been filed. It is proposed to revise this procedure so that enforcement actions are not suspended where compliance can be obtained with minimal effort or expenses , such as the removal of temporary signs, banners and the elimination of outdoor display of merchandise . Note in many instances the merchandise is moved into the building each night. The staff believes this type of violation should not be allowed to continue just because an application for approval of this activity is in process . The revised wording is located on page 4 of the procedure under "Administrative Relief . " ----------------------------------------------------------------- ITEM NO. 9•113 COPIES TO: EXHIBIT "A" BUILDING INSPECTION DEPARTMENT ENFORCEMENT PROCEDURES FOR ZONING, BUILDING AND HOUSING VIOLATIONS AND CONSTRUCTION WORK WITHOUT PERMITS This procedure is to be followed in investigating complaints regarding possible violations of building regulations, zoning ordinances, or housing codes . GENERAL These ordinances generally will be enforced on a complaint basis except that: 1 . Building work actually observed to be under construction without permits will be investigated without a complaint. 2 . Violations observed on property where the inspector has a legitimate reason to be on property, such as a routine follow-up inspection on a Variance or Conditional Use Permit, or when inspecting construction under a permit, violations observed on the property will be investigated without a complaint. 3 . Conditions brought to the attention of the city in any manner which involves health and safety. Any person making a complaint shall give their name, address, and telephone number . This is necessary so that the complainant can be contacted and advised of the status of the investigation. It may also be necessary to contact the complainant to secure additional information regarding the problem. Section 6254 , of the Government Code, provides that records of investigations of complaints are not public records . Therefore, investigations of complaints will be kept confidential, and information will not be disclosed except under a court order. ANONYMOUS COMPLAINTS All anonymous complaints will be investigated, but no action will be taken on anonymous complaints where the Building Official determines the matter does not involve health and safety and the case will be closed. When receiving a telephone complaint where the caller refuses to identify himself, obtain as much information as possible . INVESTIGATION The complaint should be investigated as soon as possible, and the report of the investigation should be made on a special investigation form. The investigator should contact the party in control of the property and identify himself by showing the city identification card. The , investigator shall state the purpose of the investigation and request permission to inspect the premises . If entry is refused and there is sufficient information to establish probable cause that a violation exists, the investigator may seek an inspection warrant. This should be discussed with the Building Official before proceeding. If upon completing the inspection it is determined that a violation exists, the party shall be advised what is wrong, and how to correct the problem. If there is no violation, the party should be so advised and the case should be closed. If further investigation is necessary, to determine if there is a violation, the party should be so advised and be further advised that results of the investigation will be communicated to the party as soon as a determination has been made. When making the investigation the investigator should note on his report : 1 . The date of the investigation. 2 . The names of the parties he talked to. 3 . What was said by all parties involved. 4 . What was observed on the premises . If no one is on the premises the investigator should leave a note requesting the party to call the office . The investigator should also attempt to make contact by telephone or return visit . Whenever it has been determined that a violation exists the party should be advised what is wrong; the code section number of the violation; how to correct the violation; and that corrections should be made within a specific time . The time for compliance should be reasonable considering the time required for the violation and the hazards involved in the violation. Preferably this should be done verbally and confirmed by letter . The complainant should be notified by telephone of the results of the investigation. (Note : Letters become public records and would destroy confidentiality. ) A check-back date should then be set up . When the time expires , the problem should be reinspected. If the party involved has not complied, additional time . should be granted if 2 . progress has been made toward compliance. If requested and good cause exists, the investigator, in his judgement, may grant an extension. OFFICE HEARING If compliance is not achieved, the investigator should send out a letter requesting the party to appear at an office hearing to show cause why further legal action should not be initiated. At the office hearing, the party is allowed to state his case . The investigator presents his case. If the Building Official determines there is a violation, he requests that it be corrected and he explains various options in making corrections . He again establishes a reasonable time for compliance . He also explains that procedures that will be followed if the violation is not corrected. The results of the office hearing should be confirmed by letter . A new check-back -date is set. When the time expires, the problem is then reinspected. Any questions of additional time should be referred to the Building Official . If there is no compliance, and no extension has been granted, the District Attorney should be requested to schedule a citation hearing. CITATION HEARING A citation hearing is similar to an office hearing, except that the District Attorney conducts it . If the DA determines a violation exists , he explains that if it isn ' t corrected, a criminal complaint will be issued. Again, the DA usually allows a reasonable time for compliance . A new check-back date is set . The investigator checks for compliance . Any questions of additional time should be referred to the Building Official . Generally speaking, additional time will only be considered, at this stage, if a reasonable effort has been made and there is substantial progress toward compliance . CRIMINAL COMPLAINT If the violation is not corrected, the Building Official will request the District Attorney to prepare a criminal complaint . When prepared, this is signed by the Building Official . A letter will be sent to the party to report to the Clerk of the Court by a specific time, or a warrant will be issued for arrest . The matter will eventually come to trial . The purpose of these proceedings is to secure compliance . If compliance is obtained, the District Attorney will be requested to dismiss the charges . If the party is found guilty, the District Attorney will be asked to request the court to provide for suspending any penalties if compliance is finally obtained. 3 . ADMINISTRATIVE RELIEF If the violation can be corrected by applying for a Variance, Conditional Use Permit, or other administrative remedy, and an application is filed, the foregoing enforcement proceeding will be suspended until the application is resolved. However, when the violation can be abated with a minimum effort or expense it will not be allowed to continue while applications for administrative relief is being processed. An example is the removal of temporary banners, signs, streamers, balloons, outdoor display of merchandise and similar activities. MULTIPLE VIOLATIONS Where ordinances are enforced on a complaint basis, occasionally, the persons with the violation will claim that the City is selectively enforcing the ordinance. The person may point out several similar violations in the immediate area. For example, storage of boats, trailers, and unmounted campers. is not allowed in the front yard. These violations are obvious and numerous . It is not equitable to require abatement of a violation when the same violations may exist in the immediate vicinity and is not investigated because there was no complaint. Where this situation occurs any violation in the immediate vicinity which is similar in nature and readily visible or which is pointed out to the investigator will be processed as though a complaint had been registered. SPECIAL ENFORCEMENT PROBLEMS The foregoing procedures do not apply to transient-type uses and violations that involve serious hazards to the public health and safety requiring immediate action. Examples could be : 1) a rock concert without a Conditional Use Permit; 2 ) overcrowding an assembly building; 3 ) blocking exits ; 4 ) hazardous electrical installation, endangering the general public. In these cases, written notices shall be given to stop the activity, or make the corrections in a very short time . The notice shall state: 1 ) the nature of the violation; 2 ) indicate when the activity must be stopped; 3 ) what must be done to correct the voilation; 4 ) when the violation must be corrected. If the activity is not stopped, or the corrections are not made, the Dublin Police should be called, and, if necessary, the parties involved should be arrested. The Building Official shall be consulted before calling the Police . 4 . BUILDING CONSTRUCTION WITHOUT PERMITS. Whenever construction work is observed being done without permits, the problem shall be investigated. It is not necessary to have first received a complaint. The party in control of the property and the party in charge of the work on the premises shall be contacted and be advised: 1 . That a permit is necessary. 2 . What is necessary to apply for a permit. 3 . If any of the work already completed does not comply with the code. 4 . How non-complying work may be corrected. 5 . To stop work. If the only violation is lack of a permit, and continued work will not conceal work that must be inspected, the inspector may, in his judgement, allow work to continue to the end of the day. If no one is on the premises, a notice giving the above information shall be posted. If the work is stopped as requested, follow-up procedures involving letters , office hearings, citation hearings, etc . , as outlined above, shall be followed. If the parties involved refuse to stop work, the Dublin Police shall be called, and if the parties continue to work, they should be arrested. The Building Official shall be consulted before calling the Police. Adopted November 14 , 1983 Amended July 23 , 1984 5 . EXHIBIT "B" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------ ESTABLISHING A PROCEDURE FOR ENFORCEMENT OF ZONING, BUILDING, AND HOUSING VIOLATIONS AND CONSTRUCTION WORK WITHOUT PERMITS WHEREAS, the City Council of the City of Dublin has identified a need to formalize the procedures for the enforcement of the zoning, building, and housing regulations; and WHEREAS, the City Council of the City of Dublin did by Resolution No. 69-83 adopt the "Enforcement Procedures for Zoning, Building and Housing Violations, and Construction Work Without Permits" ; and WHEREAS, it is necessary to revise said procedures pertaining to Administrative Relief and Multiple Violations; NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the; City of Dublin does hereby adopt the "Enforcement Procedures for Zoning, Building, and Housing Violations and Construction Work Without Permit" as amended on July 23 , 1984, attached hereto and identified as Exhibit "A" , and the Building Official is authorized to follow said procedures . PASSED, APPROVED AND ADOPTED this th day of 1984 . AYES : NOES: ABSENT: Mayor ATTEST: City Clerk DP 83-20