Staff Report Code CompliancetoWN o,� MEETING DATE: 11/03/15
ITEM NO. I
COUNCIL AGENDA REPORT
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DATE: OCTOBER 29, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI TO WN MANAGER
SUBJECT: CODE COMPLIANCE SERVICES
A. RECEIVE THE CODE COMPLIANCE STATUS REPORT
B. AUTHORIZE A BUDGET ADJUSTMENT OF $21,346 TO CONTINUE
THE PART -TIME COMMUNUITY SERVICE OFFICER POSITION
THROUGH JUNE 2016
C. APPROVE A NEW COUNCIL POLICY REGARDING CODE
COMPLIANCE STANDARDS
RECOMMENDATION:
1. Receive the Code Compliance Status report;
2. Authorize a budget adjustment of $21,346 to continue the Part-Time Community Service
Officer position through June 2016; and
3. Approve a new Council Policy regarding Code Compliance Standards.
BACKGROUND:
Beginning in Fiscal Year (FY) 2014/15, the Council Budgeted 1.0 Full Time Equivalent (FTE)
Code Compliance Officer to replace the previous part time contract Code Compliance service. In
addition, in March 2015 a temporary part-time Community Service Officer (CSO) began service
primarily to address night time code compliance issues, such as noise complaints. The new
Compliance officers are providing professional, friendly, and effective Code Compliance, and
coordinate a multi - disciplinary problem solving approach between Community Development, the
Town Attorney and the Police, Finance, and the Parks and Public Works Departments.
PREPARED BY: ALLEN MEYER
Code Compliance Officer
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Reviewed by: Assistant Town Manager � Town Attorney __�!�nance
N: \DEV\CODE COMPLIANCE \Code Compliance Council Report Nov 2015.docx
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CODE COMPLIANCE
OCTOBER 29, 2015
DISCUSSION:
Status Report
The main purpose of the Town's Code Compliance program is to protect the health, safety, and
welfare of its citizens as well as maintain the Town's beauty and character. Code Compliance
achieves this goal by working with its citizens and businesses in a professional and educational
manner. Most service is initiated upon receipt of a concern or "complaint" from a resident or
business.
Over the past year, 729 cases have been opened. Roughly 250 of these cases were gas leaf
blower noise violations. As a reference point, in the Code Officer's previous jurisdiction (64,000
residents), the average number of cases was 350 per year. Of the 54 citations issued, one was
unsuccessfully appealed. The violator filed an appeal in regards to a citation issued for
construction after the permitted hours. An Administrative Hearing was conducted by a Hearing
Officer (retired Los Gatos -Monte Sereno Police Officer) with the Deputy Town Attorney serving
as the prosecution. All witness testimony was heard during the hearing and the Hearing Officer
entered his judgment approximately a week later. The Code Compliance Officer's citation was
upheld.
A small percentage of cases involve emotional and complicated issues such as hoarding. Code
Compliance was successful in resolving one of these longstanding cases this year and removed a
large portion of items from another similar property.
Many cases that Code Compliance comes across require coordination and cooperation with
multiple departments in the Town. The cooperation between departments in Los Gatos has been
outstanding. For example, approximately six months ago the LGMS Police Department
requested that Code Compliance be involved in a probation search of a known drug house. That
search resulted in an arrest and citations issued by Police and the house condemned by Code
Compliance for unsafe conditions. Another case in which Police and Code Compliance worked
together involved a noise disturbance call in an apartment complex. The tenant had destroyed his
unit by kicking in the gas wall heater, knocking down the smoke alarms, and breaking every
window in the unit. The apartment unit was condemned due to unsafe conditions and the
occupant was held for an evaluation. On a daily basis, Code Compliance works with the
Planning Division regarding zoning and signage issues. The Parks and Public Works Department
is also a tremendous resource for Code Compliance as many requests involve their services and
expertise.
Part Time Community Service Officer
The part-time CSO has been a great addition to the Town over the past seven months. The CSO's
Code Compliance training consisted of working one full day a month side by side with the Code
Compliance Officer and from years of previous work experience in local Police and Fire
Departments. While the calls for service for downtown business noise issues have been very low,
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: CODE COMPLIANCE
OCTOBER 29, 2015
DISCUSSION (Continued):
calls for service for Code Compliance during the night in residential zones are steady. The CSO
investigated roughly 39 Code Compliance incidents that were only occurring after normal
business hours with an additional two events that were self - initiated. Of the 41 events, two
citations were issued by Code Compliance as a result of these investigations. All but one case
has been resolved at this time. There are opportunities for more proactive, night time Compliance
(e.g., businesses on Halloween).
The CSO's contribution to the Police Department has been mostly comprised of parking citations
(216 issued). The total calls for service over the past six months where the CSO was dispatched
to a call with an Officer was 27. Additionally, the CSO conducted 213 self - initiated patrol
checks which consisted of park checks after hours, Code Compliance related checks for noise,
and foot patrols. The CSO also assisted PD with the mini -grant program in conducting Alcohol
and Beverage Control (ABC) license inspections of six businesses.
Code Compliance Standards
The Town currently does not have any Code Compliance Standards. It is important for the Town
to establish standards and guidelines to assure consistency within the Town's Code program and
to educate the public about Los Gatos code compliance. A draft Council Policy regarding Code
Compliance Standards is attached to this report. It identifies the priorities in service and
standards for compliance for the following areas:
• Prioritization of code enforcement cases;
• Investigation of code violation complaints;
• Enforcement of Town codes through voluntary compliance;
• Assessment of fines and penalties to code violators; and
• Prosecution of code violators who do not comply;
CONCLUSION:
For the reasons stated above, staff recommends that the Town Council receive this Code
Compliance Staff Report, approve a budget adjustment to increase expenditures by $21,346 to
extend the part-time CSO position through June 30, 2016, and approve the draft Town Council
Policy on Code Compliance Standards.
ENVIRONMENTAL ASSESSMENT:
The Town Council's discussion and direction on this item is not a project under the California
Environmental Quality Act.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: CODE COMPLIANCE
OCTOBER 29, 2015
FISCAL IMPACT:
The part-time CSO position is budgeted through December 31, 2015. To extend this position
through June 30, 2016 staff is recommending an expenditure budget adjustment of $21,346.
There are sufficient revenues available to offset this additional cost. Costs for this position will
be shared equally between the Community Development and Police Departments. The CSO's
hours are capped at 960 hours per fiscal year due to her PERS retiree status.
Attachment:
1. Draft Town Council Policy: Code Compliance Standards
TITLE: CODE COMPLIANCE STANDARDS I POLICY NUMBER:
EFFECTIVE DATE: I PAGES: 11
ENABLING ACTIONS: I REVISED DATES:
APPROVED:
PURPOSE. PHILOSOPHY AND GOALS:
a. Purpose: It is the intent of the Town of Los Gatos to promote the health, safety, and
welfare of its citizens. Part of this responsibility includes protecting neighborhoods
from conditions that may have an adverse impact on the surrounding area. This is
achieved through Town ordinances and by establishing administrative policies and
procedures to guide compliance actions.
b. Philosophy: The Town's policy is to achieve compliance with Town codes in cases
of reported and discovered code violations. However, not all violations have the
same degree of severity. As such, the Town has established through this policy
priority ranking and procedures. The intent is to allow the level of compliance that
best fits the type and circumstances of the code violation(s) within clear and objective
criteria, consistent with the established priorities, and maximize available resources.
It is the Town's policy that code compliance follows the priority ranking set forth in
this document.
c. Goals:
i. This policy is designed to provide Town residents with a fair and consistent
process to address code compliance. The ultimate goal of this policy is to bring
properties into compliance through informal procedures by way of
communication and cooperation with the property owner or other responsible
party. Efforts will be made to work with the responsible party to make sure
they understand the violation and have the violation corrected short of
prosecution. Informal procedures, such as oral warnings and violation notices,
will be used whenever possible to correct violations in an expeditious manner.
ii. Generally, these Code Compliance Standards may be enforced on either a
complaint basis or as part of a proactive compliance initiative targeting health
and safety violations.
d. External Education and Communication: Ongoing efforts to educate the Town's
residents, special use permit holders, and builders should be made a regular practice,
ATTACHMENT 1
PAGE: POLICY NUMBER:
TITLE: Town Council Code of Conduct � 2 of 11 xx -xx
emphasizing new ordinances and Code sections that are unique to Los Gatos. An
ongoing awareness of the breadth of the Town's Code provisions should help
eliminate confusion and resolve questions concerning the responsibilities of citizens
and others for complying with the Town code.
e. Internal Education and Communication: In a coordinated effort to respond to
reports of alleged violations, specific Town departments have been assigned to
respond to certain complaints. In general, violations of the Zoning Ordinance,
Building Code and Town owned - right -of -ways will be directed to the Community
Development Department and Parks and Public Works. The Police Department will
respond to health and safety violations of immediate concern, traffic, and other
offenses, and the County Fire Marshal will respond to violations of the Fire Code.
Town staff should recognize possible violations and direct the matter to the proper
department for possible code compliance action. Code compliance complaints and all
follow up actions will be documented in order to ensure thorough and appropriate
response to citizen complaints and to monitor repeat violations.
f. "Code Compliance Representative" includes the Town Code Compliance Officer the
Town Community Service Officer, any Police Officer, Building Inspectors, Town
Attorney, Deputy Town Attorney and any other person designated by the Town
Manager to have authority to issue a citation for a code violation.
II. STANDARD CODE COMPLIANCE
Town residents are encouraged and supported in their efforts to maintain the physical
environment of their neighborhoods through compliance with standards set forth in local
ordinances. To assist in this endeavor, the following code compliance standards have
been established to guide the Town in addressing code violations.
a. Priorities for Code Compliance: It is the Town's policy to investigate and attempt
to resolve all reported and discovered code violations. There may be times when
code violations cannot be given the same level of attention, when some code
violations may receive no attention at all, or when the Town may be unable to carry
out the proactive code compliance activities outlined in this manual. In such
circumstances the most serious violations, as determined through application of the
priorities and criteria in this section will be addressed before the less serious
violations are addressed, regardless of the order in which the complaints are received.
However, complaints alleging both priority and non - priority violations may be
processed together to maximize efficiency.
i. Priority Cases :
1. Violations that present an imminent threat to public health and safety or
the environment;
2. Violations affecting storm drainage, sensitive habitat and/or adjacent
areas;
3. Building code violations consisting of non - permitted construction or
failure to obtain permits for construction;
PAGE: POLICY NUMBER:
TITLE: Town Council Code of Conduct 3 of 11 xx -xx
4. Building, Planning, Engineering and Environmental Health permit
violations including failure to obtain required permits or failure to meet
conditions and requirements of permits;
5. Land Use and Zoning violations; and
6. Multiple complaints received on the same property;
ii. Non - Priority Cases. Complaints alleging code violations that do not fall within
the priority rankings above will be processed in the order in which the
complaints are received, and as resources allow.
1. Exception. At the discretion of Code Compliance staff, complaints may
be processed in any order that maximizes efficiency. Complaints
concerning a particular type of code violation (e.g., occurring in a
particular geographic area) may be processed together, regardless of the
order in which the complaints are received.
iii. Compliance Levels.
1. Obtaining voluntary compliance.
2. Written Citation pursuant to Town Code Section 1.30
3. Prosecution of infractions and misdemeanors in Municipal Court.
4. Physical abatement by Town employees or agents.
5. Stop work order (when applicable).
6. Permit revocation (when applicable) and withholding additional permits.
iv. Criteria for Establishing Priority and Choosing Level of Compliance Code
violation cases not normally listed as priority may be moved to priority status if
they have one or more of the following aggravating circumstances:
1. The actions leading to the violation(s) were deliberate;
2. The violation causes economic harm to individuals or the Town as a
whole;
3. The alleged code violator is receiving significant economic benefit from
the continuing code violation;
4. The physical size or extent of the violation is significant;
5. The violation has existed uncorrected for a significant period;
6. There is a previous history of complaints and code compliance on the
subject property and /or with the alleged code violator;
7. There is community interest in the violation expressed by the receipt of
multiple complaints from separate individuals or by a complaint by a
citizens group;
8. The relative benefit of code compliance outweighs its cost (e.g. correction
should be quick and inexpensive to accomplish);
9. After reasonable efforts have been made, there is little likelihood of
obtaining voluntary compliance (contacted twice with no response or
citizen refuses to acknowledge Town authority); and
10. The violation is flagrant and visible to the public.
TITLE: Town Council Code of Conduct
III.
IV
APPLICABILITY:
PAGE: POLICY NUMBER:
4 of 11 xx -xx
a. General Applicability: This policy applies to all code compliance activities carried
out by Town employees and agents. Except as otherwise provided, the policies and
procedures in this policy apply to all alleged code violations.
b. New Policies and Procedures Applicable on Effective Date of Policy: On and
after the effective date of this policy and within available Code Compliance
resources, the Town will undertake a number of procedures for proactive code
compliance. These procedures include:
i. All complainants contacted within 2 business days;
ii. Timely and regular follow -up by Town staff for compliance with conditions and
requirements for permits and approvals;
iii. Reporting by Town staff of code violations observed while conducting Town
business;
iv. Compliance confirmed or achieved within 90 days of complaint for 80% of
complaints received;
v. Repeated similar violations of the same type will accrue to the first reported
violation.
vi. Progressive fines and penalties after 90 days, or earlier as warranted (e.g.,
refusal to comply); and
vii. Stop Work Orders for work on property without permits or approvals;
viii. Conditional Use Permit (CUP) revocation hearings scheduled before the
Planning Commission per Town Code due to ongoing CUP non - compliance;
ix. Revocation of permits and approvals for failure to comply with requirements or
conditions;
x. Restriction on issuance of permits on property with uncorrected code violations;
and
xi. Cooperation with other agencies to terminate service, to the extent authorized
by law, to non - permitted uses on property.
c. Non - Applicability to Covenants, Conditions and Restrictions: Many subdivisions
and planned communities are subject to private, recorded covenants, conditions and
restrictions (hereafter "CC &R's "). For example, CC &R's may regulate height, size
or appearance of structures, or the method of storing recreational vehicles. The
conditions and restrictions included in CC &R's are generally enforceable through
private legal action. The Town does not enforce private CC &R's, and Town
regulations supersede CC &R's.
INITIATION OF CODE COMPLIANCE
Code Compliance will be initiated by the following methods:
a. Citizen Complaints: Any person can make a complaint to the Town alleging one or
more code violations.
PAGE: POLICY NUMBER:
TITLE: Town Council Code of Conduct s of 11 xx -xx
1. Anonymous Complaints. Anonymous complaints will be accepted, but may or
may not be investigated at the discretion of the Town Manager or designee
depending on the following factors:
a. The reliability of the complaint;
b. Whether the complaint alleges an imminent threat to public health and
safety or to the environment;
c. The ease or difficulty with which the complaint may be verified by
Town staff.
2. Confidentiality. The Town's policy is to maintain the confidentiality of Code
Compliance complaint files and computer records, including the identity of the
complainant, to the extent legally possible. In addition, the Town recognizes some
complainants do not wish to have their names disclosed to the alleged code
violator for fear of retaliation. However, in some cases it may be necessary for
successful prosecution and compliance for the complainant to be identified and to
testify in court. Additionally, the Town's Code Compliance files are subject to
state statutes governing public records and disclosure.
b. Observations by Code Compliance Staff. Compliance staff shall document,
in the Code Compliance records, any potential code violations observed on property
that is subject of their current investigation. They may also document code
violations observed on any property in the same vicinity as the subject property,
which violations are observable from the subject property. Such violations then
shall be prioritized for investigation according to this manual.
C. Permit/Approval/Conditions Monitoring by Compliance Staff. Town issues
land use, environmental, engineering, and building permits with a variety of
requirements, the site by a certain date, or building permits expire if construction
progress and inspections are not made within certain periods. Code violations occur
when these permits, approvals, or conditions are not met in a timely manner.
Planning and Code Compliance staff shall monitor conditions of approval and
similar permit requirements for permits and approvals for which the decision is
issued, as time and resources allow.
d. Report by Town Staff: In many cases, Town staff may be in a unique position to
observe potential code violations. For example, the Building Inspector may be the
only person able to observe new construction for which there is no permit. The
Town's policy is that all Town staff may report to the Code Compliance staff
possible code violations they observe while conducting Town business.
e. Report by Town Council: A member of the Town Council may report a potential
code violation, or may request that Code Compliance staff investigate a citizen
report of a potential violation.
PAGE: POLICY NUMBER:
TITLE: Town Council Code of Conduct 6 of 11 xx -xx
V. RECORDING COMPLAINTS, OPENING FILES AND TIMELINES
a. Recording Complaints: To the extent possible, all complaints received shall be
recorded in the Town Code Compliance records. Recording the complaint shall
consist of assigning the complaint a case number and entering into the record the
following information:
i. Case Number;
ii. Complainant's name and telephone number;
iii. The subject property address; and
iv. Type of complaint.
b. Opening a File: After a complaint is assigned a number and recorded, a file shall be
opened. The file is the official record of complaint and its investigation and
resolution.
VI. INVESTIGATION
a. Establishing the Elements of a Violation: Before a notice of violation is sent, it
must be determined whether the complaint, if valid, established a code violation. If it
does not, the case will be closed.
Code Compliance staff, with the assistance of the other Town staff and /or legal
counsel, and after any necessary field investigation, shall determine if the following
elements have been established:
i. Jurisdiction. The property upon which the alleged code violation has occurred
must be land over which the Town has jurisdiction.
ii. Zoning. Zoning of the subject property shall be determined.
iii. Permit Status. The status of any land use, environmental health, engineering
and /or construction permits on the subject property shall be determined.
iv. Property Ownership. All persons with a recorded legal interest in the subject
property should be identified from the Assessor's records and they may include
the owners, contract purchasers, lessees, and lien holders or other security
interest holders.
v. Other Responsible Persons. In addition to the persons listed in section "iv ", any
other persons potentially responsible for the alleged code violation(s) shall be
identified. These persons could include tenants, land developers, and
contractors.
vi. Identification of Applicable Code Provisions Code Compliance staff, with the
assistance of other Town staff and legal counsel as necessary, shall identify the
pertinent provisions of the Town codes that may have been violated according
to the complaint.
PAGE: POLICY NUMBER:
TITLE: Town Council Code of Conduct 7 of 11 xx -xx
vii. Alleged Violation Occurred or is Occurring_ A complaint may allege a code
violation that occurred in the past (e.g., construction without permit); that
occurs intermittently (e.g. basketball hoops placed in public right -of -way); or is
ongoing (e.g. non - permitted commercial activity in a residential zone). Code
Compliance staff shall determine whether there are reasonable grounds to
believe that the alleged violation did occur or is occurring. If a violation cannot
be verified in a reasonable period, the case may be closed.
viii. Prior Complaint History. Code Compliance staff shall examine past records to
determine the existence and status of any prior or existing code violation
complaints on the subject property or concerning the alleged violator.
b. Assignment of Investigation and Compliance Responsibility: Responsibility for
field investigation and code compliance will be assigned to Town staff with the
expertise in that particular field. For example, alleged violations of building codes
are best investigated and resolved by the Town's Building Inspector with their special
license and experience. However, all code compliance activity will be coordinated
with Code Compliance staff, and all notices of violations, voluntary compliance
agreements, and citations will be coordinated by Code Compliance staff.
c. Field Investigation: The purpose of field investigation is to:
i. Verify the existence and severity of a code violation.
ii. Document code violations by means of written notes, photographs, witness
interview, etc. If a violation is visible, any investigation that establishes such
violation, or confirms there is no violation, shall include pictures. The report shall
include any measurements made and where they were made.
iii. Obtain supporting evidence, such as name and statements of potential witnesses.
iv. If possible, contact and discuss with the property owner, occupant or other
responsible person:
1. The nature of the violation(s);
2. Methods for complying;
3. Timelines for compliance;
4. Compliance procedures; and
5. Potential consequences for failure to comply.
d. Preparations and Precautions: Staff shall take whatever actions are reasonable and
necessary to minimize any potential risk of violent confrontation or injury to
themselves or others when conducting their field investigation:
i. Law Enforcement Assistance. When appropriate, Code Compliance staff or other
assigned staff will contact the LGMS Police to determine if there have been
criminal complaints or investigations concerning the subject property of alleged
code violator, and whether, in the opinion of the LGMS Police Office, a field
investigation might present any threat to the safety of staff, the alleged code
violator, or other persons present during a field investigation. Staff may request
PAGE: I POLICY NUMBER:
TITLE: Town Council Code of Conduct s of 11 xx -xx
law enforcement assistance in conducting the field investigation and may
postpone such investigation until law compliance assistance is available.
ii. Announced/Unannounced Field Visits. At the discretion of Code Compliance
staff or other assigned staff, a field visit to the vicinity of the subject property may
be conducted with or without prior notice to the property owner, occupant, or
alleged code violator. The determination of whether or not to give prior notice
shall be made on the basis of the following criteria:
1. The nature of the alleged violation;
2. Whether or not prior notice will make detection and documentation of the
alleged violation more difficult; and
3. Whether or not prior notice will unnecessarily increase the risk of violent
confrontation or injury to staff.
iii. Entering Upon Property or Premises. Code Compliance staff and other assigned
staff shall not enter upon private property or premises to conduct a field
investigation without authority to enter.
Code Compliance staff may enter un- posted property to seek permission to
investigate on the premises. Unless permission is granted, the investigation shall
be conducted from public roads or property where permission to enter has been
granted. If Code Compliance staff or other assigned staff does not have
permission or other authority to enter upon the property or premises, and entry is
necessary to conduct the investigation, staff shall consult with the Town Attorney
about obtaining an administrative search warrant.
iv. Report of Field Investigation. Upon completion of the field investigation, Code
Compliance staff or other assigned staff will enter the information into the Code
Compliance records. The report shall include the following information:
1. Name of Investigator;
2. Date, time and place of field visit;
3. Code violation(s) observed;
4. If no code violation(s) is observed, an explanation of conditions observed;
5. Witnesses, if any, interviewed;
6. Evidence obtained, if any, (photographs, measurements, etc.);
7. Documented discussions, if any, with owners, occupants or other
responsible persons;
8. Action necessary to correct violation;
9. Recommended compliance action and timeline; and
10. Referrals, if any, to other agencies such as social services, state agencies,
etc.
PAGE: POLICY NUMBER:
TITLE: Town Council Code of Conduct 9 of 11 xx -xx
VII. COMPLIANCE PROCEDURES
a. Notice of Violation for all Levels of Compliance:
When Sent. When Code Compliance staff or other assigned staff determines
there are reasonable grounds to believe a violation did or does occur, based
upon the information in the complaint and any field investigation, notice shall
be sent by the appropriate staff. The initial notice may be provided by means of
personal contact with the violator and/or an informal "door hanger" left on the
property.
ii. To Whom Sent. Written notice shall be sent to each person who is or may be
legally responsible for the alleged violation. A separate notice shall be sent to the
subject property owner(s).
iii. How Sent. Written notices shall be sent by U.S. mail, or as indicated in the
correlating ordinance, to the best available address for the property owner(s) and
other responsible person(s).
iv. Follow -up. The date in the notice for corrective action shall be entered in the
compliance records. After the deadline, if Code Compliance staff determines the
required corrections have not been made and a Voluntary Compliance Agreement
has not been signed, the following actions may be taken: (a) citation issued for
alleged violation and /or (b) abatement action initiated.
v. Compliance. If Code Compliance staff determines that required corrections have
been made, the date and method of compliance shall be noted in the file and the
case shall be closed.
vi. Corrective Action. In some cases, corrective action may consist of both applying
for and obtaining necessary permits or approvals. In such cases, the permit or
approval application alone will not be sufficient to assure compliance. The
alleged violator must follow through with the application process to obtain the
necessary permit or approval.
In cases where code compliance requires both applying for and receiving a permit
or approval, code compliance shall continue until all necessary permits or
approvals are granted or until they are denied and code compliance is obtained
through other means.
1. Where the required corrective action consists of both applying for and
obtaining permits or approvals, Code Compliance staff, in consultation
with other appropriate staff, shall determine a reasonable time frame for
applying for or obtaining the necessary permits or approvals.
2. If at any time during the process for obtaining necessary permits or
approvals the alleged violator fails to meet the reasonable timelines
established under this section, and such failure does not result from the
actions of others, Code Compliance staff shall arrange for a citation to be
issued.
PAGE: POLICY NUMBER:
TITLE: Town Council Code of Conduct j 10 of 11 xx -xx
3. If the alleged code violator is not granted the necessary permits or
approvals, Code Compliance Staff shall issue a new timeline to make the
necessary corrections then issue a citation if required.
4. If the code violator has applied for permits, they cannot continue to
actively violate the code while awaiting issuance of the permits, or be
allowed to operate outside conditions of what a permit may typically
approve.
b. Voluntary Compliance Without Penalty: It is the Town's policy to encourage
voluntary code compliance by providing responsible persons the opportunity to
correct the violation with little or no penalty. Voluntary compliance generally is less
expensive for all parties and of a more satisfactory and lasting nature than involuntary
compliance. Violators shall enter into a written agreement that establishes a timeline
for correcting the violation. Notwithstanding this policy, allowing code violators the
opportunity to voluntarily comply outside reasonable time limits may actually result
in delaying compliance. Therefore it is the Town's policy to limit the time frame
during which code violators may come into voluntary compliance with little or no
penalty.
i. Limited Qpportunities. Voluntary compliance without penalty or cost recovery
will not be allowed where the alleged violation is a repeat offense either on the
subject property or by the code violator, or where the original violation was not
corrected following prior code compliance action.
ii. Time Extended by Voluntary Compliance Agreement Following issuance of a
notice of violation, the deadline may be extended for a limited duration if the
alleged violator admits the violation(s) and enters into a "Voluntary Compliance
Agreement ". The extended deadline shall be determined on a case -by -case
basis contingent upon Code Compliance workload and budget, effort already
made by a violator to correct the violation, severity and extent of violation,
whether the violation is a repeat offense, etc. The agreement shall provide that,
in exchange for the extended time for voluntary compliance, the alleged violator
agrees to abate the violation(s) by a specific time, and to waive hearing and
consent to judgment against him/her if voluntary compliance is not obtained
during the extended time allowed by the Town and a citation is issued. Minor
violations that do not meet the priority criteria and can be corrected within a ten
day period may be granted an extension if a written request is submitted by the
violator stating the specific date violation will be corrected.
c. Citation and Complaint:
i. Voluntary Compliance. Where voluntary compliance cannot be obtained
within the timelines established by ordinance and /or in a Voluntary Compliance
Agreement, a citation may be issued.
ii. Field Investigation Required. No citation shall be prepared unless and until a
field investigation has verified the existence of a code violation.
PAGE: I POLICY NUMBER:
TITLE: Town Council Code of Conduct 11 of 11 xx -xx
iii. Forms. All citations shall be on a Uniform Citation and Complaint and shall
contain the information required under MBMC 1.03.
VIII. FILE MAINTENANCE
Code Compliance files, including building and public works records, are the official
records of the Town. As such, the files and records shall be maintained pursuant to the
rules of the Public Records Act.
IX. SAVING CLAUSE
Should any portion of this Manual be rendered ineffective by a Court of competent
jurisdiction, the remaining parts shall remain in full force and effect.
APPROVED AS TO FORM:
Robert Schultz, Town Attorney