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9�pW N_0, �0S.GaIoS COUNCIL, AGENDA REPORT DATE: MARCH 25, 2013 MEETING DATE: 04/01/13 ITEM NO: 9 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: UPDATE ON CODE COMPLIANCE POLICIES AND PRACTICES RECOMMENDATION: Accept staff report on current code compliance policies and practices and provide direction to staff regarding future compliance policies. BACKGROUND: On September 4, 2012, Council held a Study Session to review the Town's code enforcement policies and practices. At this meeting, staff presented an overview of the Town's current code enforcement program's process, along with data collected from code enforcement activities over the last two fiscal years. Staff also presented information about the Town's Conditional Use Permits (CUPs) process and explained how these permits are addressed through the Administrative Citation Policy. There were three primary concerns that were identified with the Town's current code enforcement procedures. These issues included the following: No dedicated staff The Town eliminated the Code Enforcement Officer position in 2009 as a result of budget reductions associated with the economic downturn. These duties were re- distributed among several staff within the Community Development Department. Although this approach helped to. address some of the code enforcement issues on a limited basis, it resulted in some lack of continuity and standardization in enforcement cases. Staff believes that with dedicated Code Enforcement Officer staffing, service has been improved and responsiveness has been restored. PREPARED BY: TODD CAPURSO Acting Director of Community Development Reviewed by: Assistant Town Manager Town Attorney Finance N APPW\MANAGEMENT\COUNCIL\COUNCIL REPORTS\2013 Reports \040113 \Update Code Enforcement Policies and Practices.docx ��N PAGE 2 MARCH 25, 2013 MAYOR AND TOWN COUNCIL SUBJECT: UPDATE ON CODE COMPLIANCE PROCEDURES AND PRACTICES BACKGROUND (cont'd): Response to current reactive service delivery model Because of limited resources, most small to medium sized municipalities operate on a Reactive Service Delivery Model, responding only to complaints received rather than staff initiated enforcement. The Town receives an average of 300 complaints per year and approximately 1 to 2 percent have resulted in continuing neighborhood complaints; therefore, it appears the current code compliance procedures are generally effective. There are some unique cases, however, in which the process does not address neighborhood concerns within a timely manner. Cases that have resulted in greater neighborhood concerns are often associated with businesses that have CUPS that may be operating outside of the conditions imposed on the use, or the CUPS are older and do not have well defined conditions to mitigate all concerns. In order to provide more thorough monitoring, staff will continue to separate CUP violations from other code enforcement cases. One strategy to address this is to assign a planning staff member who will be responsible for conducting reviews of establishments and, if violations were identified, work with the operator to secure compliance. Existing Enforcement Process A final concern with the current code enforcement process is the inability for the complaining parties to have a public voice in the resolution of the issue. Most code enforcement issues are remedied through staff working with the offender to resolve the issue. If a citation or fine is imposed on an offender, the offender has the option to appeal the citation through the Administrative Hearing Process. However, the Administrative Hearing Process is at the offender's discretion and does not provide a public forum for other parties to participate. There are no known code enforcement models that provide public hearing processes for community input unless the case is so significant that it results in a revocation hearing. There are contractors,_ however,. that provide neighborhood_ mediation services that allow for community input. The Town presently contracts with Project Sentinel, which provides tenant /landlord dispute resolution services. This service provider could potentially mitigate and /or provide mediation services to resolve conflicts between adjacent residents and businesses. In addition, there are community mediation and dispute resolution programs available through the County of Santa Clara Office of Human Relations for low or no cost to community members for these types of disputes. Finally, as part of the Study Session Report, staff presented recommendations to the Council for consideration and requested feedback as part of the Study Session. This report provides an update based on the feedback received at the Study Session. In addition, it explains how staff plans to address existing and future code enforcement cases and Conditional Use Permit (CUP) issues. PAGE 3 MARCH 25, 2013 MAYOR AND TOWN COUNCIL SUBJECT: UPDATE ON CODE COMPLIANCE PROCEDURES AND PRACTICES DISCUSSION: Town staff presented recommendations to the Council to improve existing code enforcement procedures and practices. At the Study Session, Council provided direction to staff. Since this discussion, staff has implemented some plans to mitigate and address concerns raised. In order to resolve some issues, additional resources will be required. This report will address these seven issues in further detail. 1. In order to address code compliance issues in a more efficient manner, additional resources have been allocated to re- establish a dedicated Code Compliance program in the Community Development Department. As a result of rising revenues and community requests, Council approved a $45,000 allocation at the February 19th Council meeting to fund contractual resources for a part -time Code Compliance Officer. In addition to these services, augmented hours from an in -house part-time employee have been combined to develop a four -day per week Code Compliance program. As a result of these changes, staff has been more responsive to code related complaints and has been able to mitigate circumstances in a more efficient manner. 2. Another recommendation is to test new proactive code enforcement procedures. Specifically, a complaint against one property could be proactively enforced on nearby blocks to reduce the potential for comparable allegations. In addition, the Town could initiate proactive enforcement Downtown regarding mobile signs and over - seating at restaurants. Any proactive enforcement Downtown would only occur after prior notice to businesses and the Chamber of Commerce. If Council wants to pursue limited proactive enforcement as described, then the required resources will be included in the proposed budget. 3. Another recommendation is to develop a monitoring system for CUPS, including restaurants that serve late night alcohol, bars, entertainment venues and late night uses in close proximity to residential neighborhoods. Staff has taken preliminary steps towards developing a system that will post this information online and make the information available to the public. The process involves researching all establishments with a CUP, creating a comprehensive electronic database of permits, then scanning and uploading a copy of each permit to the website. Currently, the Town has this information available in a non - electronic format. Cataloging this information into an electronic format will require additional staff time and resources. Additionally, there are approximately over 70 CUP categories that need to be recorded into a database format before they can be uploaded online. Staff plans to have this information displayed on the Town's website under the Community Development section of the website. This effort is currently in progress and should be completed by approximately September. PAGE 4 MARCH 25, 2013 MAYOR AND TOWN COUNCIL SUBJECT: UPDATE ON CODE COMPLIANCE PROCEDURES AND PRACTICES DISCUSSION (cont'd): 4. Another recommendation is to assign CUP condition monitoring to a planning staff member, who will be responsible for monitoring and all related inquiries. A strategy to address this is under review with staff. Currently there are limited planning staff resources available to implement this plan. A part-time staff person could be hired to specifically focus on this task because existing planning staff is working on new projects. As part of this staff person's responsibilities, the CUP monitoring will involve conducting reviews of establishments and, if violations were identified, working with the operator to secure compliance or schedule for possible revocation. In order to remain current and tip to date on CUPs, the permit reviews would be conducted on a biannual basis. 5. Staff has conducted preliminary research into the concept of establishing a community mediation contract similar to the City of Los Altos that would address neighborhood disputes and issues between consumers and businesses, in addition to the Town's existing tenants and landlords mediation services. The costs for these services are unknown at this time. It is likely that these costs could run as high as several thousand dollars per case, depending on the complexity. Staff is continuing to research this issue and will report back to Council on potential budget impacts in May. 6. Staff will update all code enforcement web and print public information materials as a way to inform and educate residents and businesses about these issues. Staff has reviewed web and printed information and will be taking steps to make this information more customer service friendly. Staff will also update its printed information. This effort will be completed by August. 7. Council consensus on September 4, 2012 was to limit abatement of a code enforcement complaint to a maximum of 30 -60 days, if tangible resolution of the issue is evident. However, abatement of planning and permitting issues (e.g., CUP violations) would not be allowed without Council concurrence. Given the recent Woodshed issue, the Council may want to consider alternatives. CONCLUSION: Staff is seeking Council comment and direction regarding future code compliance polices. ENVIRONMENTAL ASSESSMENT: The recommended action is not a project defined under CEQA, and no further action is required at this time. PAGE 5 MARCH 25, 2013 MAYOR AND TOWN COUNCIL SUBJECT: UPDATE ON CODE COMPLIANCE PROCEDURES AND PRACTICES FISCAL IMPACT: The hiring of additional staff (part -time or permanent) will have impacts to the general fund. The current staffing model, a mix of in -house staff and contractual resources, is being proposed for Council consideration as part of the FY 2013/14 Operating Budget. Attachments: Code Compliance Bi- Annual Report for July through December 2012 and Total Violation Statistical Comparison to Fiscal Year 12/13 Bi- Annual Report TMs PAGE INTENTIONALLY LEFT BLANK DATE: JANUARY 30, 2013 SUBJECT: CODE COMPLIANCE BI- ANNUAL REPORT FOR JULY THROUGH DECEMBER 2012 AND TOTAL VIOLATION STATISTICAL COMPARISON TO FISCAL YEAR 12/13 BIANNUAL REPORT DISCUSSION: Table 1 indicates that the complaints reported for the 1St Bi- Annual Period of the current fiscal year (2012/13) remained fairly consistent when compared to the complaints reported for the same period last fiscal year (2011/12). The data shows that there were 56 more complaints reported in 2012. Table 1 also shows that the number of telephone calls received for this 1St Bi- Annual Period (2012/2013) was down by 47 compared to the same period last year, possibly due to implementation of the Code Compliance Online Complaint form. The complaints that were received covered a wide variety of Town regulations, including, but not limited to, the following: 1) Sign violations, 2) Miscellaneous violations, 3) Building violations, 4) Noise violations. It should be noted that staff spent a significant amount of time enforcing the Town Code as it relates to the above referenced violations as these four items accounted for approximately 55 % of all complaints. Table to Bi- Annual 11/12 and 12/13 Violation Status Comparison _—�—_ _----- VIOLATION STATUS �:�xer:�,�;ara�xu�a�•�sfr��r �xavr��;s�crx�sc _ �aYcAT•�.ffi61� n=Ws`rfi'C.;m- mm.ms� Complaints reported _._ 1St Bi- Annual FY -11/12 �iaw��:ry�� s3 aHA' 144 . 1St Bi- •Annual FY -12/13 .r, ot3a4,"te��F;fl7! 200 Violations abated 107 1 20 Violations pending normal processing 16 25- ~� Complaints determined not to be a violation 21 55 - Citations issued � -� 5 S Violations resulting in litigation 0 �A 0 Referred to Town Attorney _ -- - 2 -� 0 Unlawful businesses 0 0 Attachment 1 VIOLATION TYPE Unlawful accessory structures ]Bi- Annual FY -11/12 0 Iii - Annual FY-12/13 5 Animal complaints 4 2 Noise complaints 12 21 Garbage and rubbish 10 4 Building code violations 20 21 Unlawful dwelling units 0 2 Overgrown weed, bushes, etc... 4 3 Lighting complaints 1 0 Encroachment /Obstruction of right -of -way 7 11 Inoperative vehicles (boats, trailers, motor homes, etc...) 9 5 Sign violation (A- frames, banners, no permits, etc,..) 32 29 Certificate of Use & Occupancy- Approved 46 64 Sign Application Permit- Approved 54 41 Home Occupation Permit- Approved 33 47 Home Occupation Permit - Violation 5 2 Conditional Use Permit - Violation 4 0 Miscellaneous (refer to log sheet) 29 40 Sub Total 144 297 Total Number of emails n/a 100 Total number of phone calls '497 450 TC:AP:ct C:\ Users \sangulo\AhpData \Local \Microsoft\Windows \Temporary Internet Files\ Content.Outlook \9T5V9B7D \CC2012 -2013 BI- ANNUAL REPORT QTR 1 2.doc