HomeMy WebLinkAboutItem 8.2 - 1155 Code Enforcement Update
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STAFF REPORT
CITY COUNCIL
DATE: September 20, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Code Enforcement Update
Prepared by: Jeff Baker, Assistant Community Development Director
EXECUTIVE SUMMARY:
The City Council will receive a report on code compliance activity within the City of
Dublin and review the existing Enforcement Policy that was adopted by the City Council
in 2009 and reaffirmed by the City Council in 2011.
STAFF RECOMMENDATION:
Staff recommends that the City Council receive the report and provide feedback to Staff
as appropriate.
FINANCIAL IMPACT:
No financial Impact. The current fiscal year budget allocates funds for staffing to
address code enforcement activities.
DESCRIPTION:
Background
Code enforcement activities within the Community Development Department are
handled by the Planning Division and the Building and Safety Division. The Planning
Division enforces regulations related to land use, development, an d general private
property maintenance. These topics are regulated by the Dublin Municipal Code (DMC)
primarily through the Zoning Ordinance (Title 8), the Public Welfare Ordinance (Title 5)
which includes the following chapters: Property Maintenance (Chap ter 5.64); Weeds
and Refuse (Chapter 5.70); and Rodent and Fly Control (Chapter 5.72). The Building
Division addresses building safety by way of the California Building Standards Code as
addressed in DMC Title 7. The Public Works Department enforces regula tions related to
encroachments into the public right-of-way, grading, and storm water pollution
prevention as addressed in DMC Title 7.
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The City has one full time Planning Code Enforcement Officer and a ½ time Contract
Building Inspector dedicated to enforcement activities along with additional staff
members who supplement enforcement activities as necessary. The Public Works
Department utilizes their inspectors for enforcement. These staff members help to
investigate and enforce violations of the Dublin Municipal Code regulating public health,
safety, and welfare, public works, business activities, building standards, land -use, or
municipal affairs.
Code Compliance
Code violations are identified by way of proactive enforcement and reactive
enforcement (i.e. complaint). Proactive enforcement typically includes observations
made by enforcement staff while regularly “patrolling” the City and observations made
by a Building Inspector during a scheduled Building Permit inspection. Complaints are
reported to the City through multiple platforms which include a phone call, e -mail, letter,
and on-line via the City’s website. Complaints can be made anonymously.
Staff utilizes the following procedure in order to achieve compliance with the DMC:
· Visit site and speak to the resident, contractor or business representative;
· Inquire about the potential violation;
· Request authorization to view the potential violation;
· Perform an inspection to determine if there is a violation and if a permit is
required;
· If a Permit is required, educate the homeowner or contractor on the benefits of
permits;
· Issue a Stop Work Order for work performed without permits;
· For Property Maintenance cases, Staff sends a letter explaining the violation and
giving a minimum of 15 calendar days for compliance (depending on the
circumstances, violation and life safety concerns);
· Send a Warning Notice giving a minimum of 15 calendar days to achieve
compliance or to submit the necessary permit application (depending on the
complexity and life safety hazards of the project);
· Send a Pre-Citation Letter giving an additional 15 calendar days prior to issuance
of a Citation (depending on the complexity and life safety hazards of the project);
· Staff issues a citation if the resident or business is still non-compliant (after the
three letters and the approximately 45 day time period);
· If compliance is still not achieved, the case may go to Court or additional
Citations may be issued; and
· Once compliance is achieved, Staff closes the case and sends a thank you letter.
Staff utilizes uses a different procedure as described below to enforce the regulation of
A-Frame signs and balloons:
· A-Frame signs in the public right-of-way: Section 8.84.220 allows for the
summary removal of signs on the street or sidewalk because of the potential
traffic hazard or danger to the public. Staff removes the sign and either returns it
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to the business or takes it to the corporation yard.
· Balloons displayed without permits: Staff gives one verbal warning and will then
issue a citation, generally within one or two days (due to the very temporary
nature of this type of sign, the standard approach would be ineffective).
Public Works staff utilizes the procedure described below for basketball hoop
encroachment violations, which are only addressed following a complaint:
· Verify encroachment upon receiving a complaint;
· Send a letter requesting that the basketball hoop be removed in a minimum of
seven calendar days;
· Verify that the basketball hoop has been removed;
· Send a second letter via mail and attach a copy to the basketball hoop, if the
encroachment has not removed within the seven calendar days, requesting
removal within 72 hours;
· Verify that the basketball hoop has been removed;
· Public Works staff removes the basketball hoop if the encroachment is not
removed within 72 hours of receiving the second notice. The basketball hoop is
stored at the City’s Corporation Yard; and
· The City may dispose of any unclaimed basketball hoops that are removed from
the public right-of-way after four months (pursuant to Section 2.40.090).
The following tables show the number of code compliances cases that were closed
during Fiscal Year 2016 (July 1-June 30):
Planning Division Code Compliance Activity
Code Violation # of Cases Proactive Reactive
Zoning Ordinance 223 183 40
Property Maintenance* 210 136 74
Graffiti 28 25 3
Other DMC 17 6 11
Total 478 350 128
Examples of enforcement by the Planning Division include: Zoning
Ordinance violations such as non-permitted signs or non-permitted uses;
Property Maintenance violations such as chipping or peeling paint on the
exterior of a commercial or residential building; and Other DMC violations
such as weeds or refuse accumulated in a yard.
Building Division Code Compliance Activity
Code Violation # of Cases Proactive Reactive
Building Code 75 32 43
Housing Code 11 0 11
Total 86 32 54
Examples of violations enforced by the Building Division include: Building
Code violations such as work performed without pe rmits; and Housing
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Code violations often include complaints about unsafe living conditions
such as mold inside of a home.
Public Works Encroachment Compliance Activity
Code Violation # of Cases Proactive Reactive
Right-of-Way Encroachments 24 2 22
Sidewalk Repair 6 0 6
Clean Water Violations 26 17 9
Total 56 19 37
Examples of violations enforced by Public Works include: Encroachments
in the right-of-way such as basketball hoops or tree limbs obstructing a
sidewalk; Sidewalk Repair may include uplifted sidewalks; and Clean
Water Violations include things such as a sanitary sewer overflow or
dumping dirty mop water into the sewer.
Code Enforcement Policy
The City Council has the authority to establish policies, rules and regulations for the
administration of enforcement activities as long as those policies, rules and regulations
are not in conflict with the provisions of the Municipal Code. The City Council adopted
the current Code Enforcement Policy in 2009 and reaffirmed that policy in 2011. The
Enforcement Policy identifies the types of violations that shall be enforced on a
proactive basis and those that shall first require a complaint (Attachment 1). Per the
enforcement policy, the following types of violations are enforced in a proactive basis:
· Building work observed to be under construction without permits;
· Violations observed on property where the inspector has a legitimate reason to
be on the property, such as a routine follow-up on a Variance or Conditional Use
Permit, or when inspecting construction under a Building Permit;
· Conditions brought to the attention of the City in any manner which involve public
health and safety;
· A-Frame Signs;
· Banner signs without permits;
· Living or sleeping in vehicles parked or stored on a lot;
· Location of required parking spaces;
· Outdoor display of merchandise;
· Off-street recreational vehicle parking;
· Parking of unlicensed or inoperable vehicles;
· Parking within a designated parking space;
· Property Maintenance;
· Repair of automobiles or other vehicles in the driveway which are not registered
to the occupant of a residence;
· Repair or dismantling of a vehicle in front of a residence;
· Temporary political signs;
· Temporary promotional signs including balloons, pennants and streamers;
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· Vehicle signs;
· Violations of the Zoning Ordinance relating to Temporary Outdoor Sale Not
Related to On-Site Established business. Such a sale would be by a non -Dublin
based business that is not an on-site established Dublin business with all
necessary licenses and permits;
· Conditions of Approval;
· Conditional uses operating without a Conditional Use Permit or Minor Use
Permit; and
· Encroachments which require an Encroachment Permit.
Per the Enforcement Policy, the following types of violations are enforc ed on a
complaint basis:
· Home occupations
· Sheds visible over fences and walls
· Sign Regulations (except those violations noted above)
· Basketball hoops in the public right-of-way
Proposed Code Amendments
Staff has identified several minor amendments to the Property Maintenance Ordinance
(DMC Chapter 5.64) that would bring additional clarity to certain provisions of the
Ordinance and further facilitate enforcement of dilapidated residential and non -
residential properties. Staff will bring these proposed amendments forward to the City
Council for consideration at a future public hearing.
ATTACHMENTS:
1. City Council Code Enforcement Policy
ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING
CODE, PROPERTY MAINTENANCE ORDINANCE,
AND STREET ENCROACHMENT PERMITS
This procedure is to be followed in investigating complaints about and enforcing possible violations of the
Zoning Ordinance, Building Code, Housing Code, Property Maintenance Ordinance, and Encroachment
Permits.
A. THE FOLLOWING SHALL BE ENFORCED ON A COMPLAINT BASIS:
1. Home Occupations
2. Sheds visible over fences and walls.
3. Sign Regulations with the exception of those signs identified in B-4, B-5, B-15, and B-17
below.
4. Basketball hoops in the public right-of--way.
B. THE FOLLOWING SHALL BE ENFORCED WITHOUT A COMPLAINT
1. Building work observed to be under construction without permits.
2. Violations observed on property where the inspector has a legitimate reason to be on the
property, such as a routine follow-up on a Variance or Conditional Use Permit, or when
inspecting construction under a permit.
3. Conditions brought to the attention of the City in any manner which involves public health
and safety.
4. A-frame signs.
5. Banner signs without permits.
6. Living or sleeping in vehicles parked or stored on a lot.
7. Location of required parking spaces.
8. Outdoor display of merchandise.
9. Off-street recreational vehicle parking.
10. Parking of unlicensed or inoperable vehicles.
11. Parking within a designated parking space.
12. Property Maintenance Ordinance.
13. Repair of automobiles or other vehicles in the driveway which are not registered to the
occupant of a residence.
14. Repair or dismantling of vehicles in front of a residence.
1 S. Temporary political signs.
16. Temporary promotional signs including balloons, pennants and streamers.
17. Vehicle signs.
18. Violations of the Zoning Ordinance relating to a Temporary Outdoor Sale Not Related to
On-Site Established Businesses. Such a sale would be by anon-Dublin business that is not
an on-site established Dublin business with all necessary licenses and permits.
19. Conditions of Approval.
20. Conditional uses operating without a Conditional Use Permit.
21. Encroachments which require a permit.
EXHIBIT A