Title
Annual Review of the Neighborhood Services Department's Code Enforcement Policy
Description
This report provides the Community and Cultural Investment Subcommittee with a review of the Neighborhood Services Department's (NSD) Code Enforcement Policy (CEP), with possible updates for discussion.
THIS ITEM IS FOR INFORMATION AND DISCUSSION.
Report
Summary
The CEP provides guidelines for enforcement of the Neighborhood Preservation Ordinance, Zoning Ordinance, and portions of other city codes/ordinances enforced by NSD (see Attachment A). Each year, staff present a review of the policy with any recommended updates to the City Council, as stated in the policy, which was last updated June 15, 2022. The information in this report is intended to initiate the review process and provide possible updates for consideration.
The CEP is comprised of five sections. Sections I through III of the CEP establish the purpose of standard code enforcement and the notification and enforcement options available to inspection staff; define recidivist person/properties and the possible consequences for repeat offenders; and describe the inspection and enforcement protocols for resident complaints, with exceptions for proactive code enforcement in the immediate area of a complaint and in strategic initiative areas. Section IV includes information encouraging the use of hardship assistance programs for low- and moderate-income households where funding is available. Section V provides guidance for NSD to work cooperatively with other departments and agencies to resolve complex and hazardous cases.
Over the last year, NSD received feedback from community members, staff, and City Council regarding elements of the CEP. Specifically, NSD has identified the need to implement changes to the current CEP to include the following:
- Additional language addressing hardships related to homelessness and modification of the enforcement process to include increased communication about available resources to support compliance
- Clarification of exceptions regarding health, safety, episodic and egregious violations
- Additional language about enforcement limitations in private communities
- Simplification of pre-notification requirement regarding confusing recidivist language more appropriately provided in the Notices of Ordinance Violation
- Revision of the definition of recidivist to 12 months to be consistent with NSD's strategic enforcement process
Through the spring, staff will gather input from residents and community stakeholders prior to presenting final recommendations to this subcommittee in early summer 2023.
Department
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood Services Department.