04 Staff Report - CDD Administrative Citation Protocol
DATE: TO: FROM: COUNCIL AGENDA REPORT April 12, 2004 MAYOR AND TOWN COUNCrr.. DEBRA J. FIGONE, TOWN MANAGER MEETING DATE: 4/19/04 ITEM NO. Y SUBJECT: ACCEPT REPORT ON COMMUNITY DEVELOPMENT
DEPARTMENT ADMINISTRATIVE CITATION PROTOCOL RECOMMENDATION: Accept report on Community Development Department Administrative Citation Protocol. BACKGROUND: CommunityDevelopmentDepartment
has drafted an Administrative Citation Protocol (Attachment 1) as it relates to the newly adopted Administrative Citation Ordinance. This Protocol will establish a standard procedure
for handling complaints about vIolations ofTown Code. The goal of the Code Compliance Office will remain the same, abate the violation(s) and obtain compliance with Town Code. Further,
this Protocol will establish a process that will achieve compliance in the shortest time possible while allowing a reasonable period oftime for the violator to abate the violation. The
policy will be referenced in the Code Compliance Program brochure and the terms set forth in the protocol will be incorporated into violation notices as appropriate. The Administrative
Citation process will be placed on the Town website. DISCUSSION: The Town's code enforcement efforts have been successful at abating violations of the Los Gatos Municipal Code. And,
for the most part, the enforcement methods employed by the Town will not change. Further, adopting this Protocol will allow the Town's Code Compliance Office to continue to abate violation(s)
and obtain compliance with Town code. (Continued on Page 2) PREPARED BY: -BUn N. DIRECTOR OF COMMUNITY DEVELOPMENT Reviewed by:
Town Manager =rJ/Z..A"-'t=-to':::m:"'-e-y-_-_-_-_-C-le-r-k---F-in-a-n-c-e--Development -Revised: 4/12/04 3:35 pm Refonnatted: 5/23/02
PAGE 2 SUBJECT: ACCEPT REPORT ON ADMINISTRATIVE CITATION PROTOCOL 2004 CONCLUSION: The implementation of this Protocol will provide
the Town with a set of guidelines that will continue to promote efficiency, efficacy, corisistency and fairness. ENVIRONMENTAL ANALYSIS: None FISCAL ANALYSIS: None Attachments: 1. Administration
Citation Policy Protocol -Draft BNL:RA:mdc N:\DEv\CNCLRPTS\PROTOCOL.wpd
COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION (408) Fax (408) 354-7593 ADMINISTRATIVE CITATION POLICY PROTOCOL PURPOSE: This policy is intended to provideTown staff
with a standard procedure for handling complaints about violations ofthe Town Code under the newly adopted Administrative Citation Policy. The goal of the Code Compliance office is to
abate the violation(s) and obtain compliance with Town Code. In most cases, this can be accomplished by contacting the violator and informing them of the violation. The following policy
will provide for a process that will achieve compliance in the shortest time possible while allowing a reasonable period of time for the violator to abate the violation. POLICY: Upon
receipt of a complaint, the Code Compliance Office will determine if the complaint is a violation of the Town Code. Town staff will make such a determination by conducting a field inspection
of the property in question. Once the Code Compliance Officer has established that a violation of the Town Code exists, it shall be the officer's duty to identify and notify the responsible
party of the violation. The officer will identify the responsible party through interviews with business owners, members of the public, staff, and by researching Town records and databases.
.. The officer will first attempt to notify the responsible party of the violation in person. If the Code Compliance Officer is for any reason unable to discuss the violation with the
violator, it shall be the officer's duty to inform the responsible party of /the violation in writing. The first letter will be entitled "NOTICE OF VIOLATION" and it shall include a
specific date by which the violation must be abated. After the established time has lapsed and the violation has not been abated, a second notice will be sent entitled "PRE -CITAnON
NOTICE" and it too shall include a date by which the violation must be abated. When the Code Compliance Office is unable to substantiate a violation, no action will be taken and the
reporting party will be notified. This notification will be made either in-person, over the phone, or through a letter. No anonymous complaints will be accepted unless it concerns a
life, health or safety issue. Typically, the violator will be given fourteen (14) days to abate a violation when a "Notice" is sent. However, this will change based on the type, frequency
and seriousness ofeach violation. For example, a life, health or safety issue will take precedence and will require the need for abatement in an expedient manner. Violators that have
less serious violations will be sent the appropriate "notice" letter. These types of violations include, but are not limited to, inoperative vehicle, overgrown weeds, rubbish, encroachments,
signs, building and zoning violations. Ifthe Code Compliance Officer contacts the violator and finds that compliance will be obtained in a reasonable period of time, then the Code Compliance
Officer has the discretion to allow this to occur and postpone issuance of a citation (or not). With the exception of violations that have health and safety implications, the violator
will generally be given at least five (5) days to correct the violation after a pre-citation notice has been provided. The Code Compliance Office will contact the violator to confirm
that the violation notice was received. fter the time given to abate the violation has expired, the officer may then issue a citation to the violator. If the Code Compliance Officer
contacts the violator and finds that compliance will be obtained in a reasonable period of time, then the Code Compliance Officer has the discretion to allow this to occur and postpone
issuance of a citation. All correspondence, photos and notices shall be placed in the file. N:\DEV\Roy\Code Compliance\Administrative Citation Policy.wpd ATTACHMENT 1