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Home My WebLink AboutRPT 4 CODE ENFORCE 06-18-84 REPORTS June 13, 1984 SUBJECT: HONORABLE MAYOR AND CITY COUNCIL COMMUNITY DEVELOPMENT DEPARTMENT REVIEW OF CITY'S ZONING AND BUILDING CODE ENFORCEMENT PROGRAM DISCUSSION The Community Development Department administers enforcement of Zoning and Building Codes for the City of Tustin. Additionally, Community Bevelopment staff enforces other miscellaneous sections of the Municipal Code not administered by the Police Department. An example of violations enforced by Community Development staff would include publi~ nuisances, abandoned vehicles and illegal business signs. At present, a violation of the City's Municipal Code, of which the Zoning Ordinance is a part, is a criminal misdemeanor punishable by fine up to $500 and/or six months in jail. Community Development Zoning and Building Code enforcement differs from Police Department Penal and Vehicle Code enforcement. While both departments generally commence enforcement through personal contact; the zoning enforcement person does not ci'te or arrest upon first contact but uses a series of letters to gain compliance with City codes. Should the violator not comply after a courtesy letter, a second letter.demanding correction is forwarded within a specific number-of days prior to legal action. If City staff cannot gain compliance after numerous letters, personal and telephone contacts, the matter is finally referred to the City.Attorney's office for criminal prosecution. The personal approach to Zoning and Building Code enforcement is considered an important aspect of the Community Development Department operation. Public relations is essential in assisting our community to understand the specifics of the Zoning and Building Codes. While most citizens are aware of Penal and Vehicle Codes, few people truly understand zoning and building regulations. Since zoning enforcement is more of an education process than Police action, 95% of all violations are resolved by City staff while approximately 5% are ultimately referred to the Court system. This 5% represents only the most serious violations which constitute an immediate threat to community health, safety and welfare. A typical example would be that of an abandoned building which has not been properly secured to prohibit the entry of children. This immediate threat to the child's welfare is considered to be substantial and justifies legal action. However, most violations of Zoning and Building Codes are very minor in nature. In fact, the majority of these minor violations are intentionally committed; such as the parking of automobiles on front lawns, building construction without necessary permits and installation of unsightly temporary signs. These violators realize that the cumbersome process of staff enforcement will allow them several days to accomplish their goal. The unlicensed contractor will typically leave the City upon being paid by the unsuspecting homeowner; generally without a trace of a forwarding address. Unfortunately, the homeowner then is responsible for obtaining necessary permits or correcting any construction defect which does not meet BuilUing Codes. Our present zoning enforcement program reveals that repeated violators consume the majority of staff's available time. The cost for City staff to enforce these minor yet criminal violations is exhorbitantly.high and defers staff's attention from more urgent matters. Staff has previously discussed with Council the concept of instituting an Infraction Citation Program for the enforcement of minor violations of the Zoning and Building Codes. Such a program would benefit Tustin by reducing minor code violations from criminal misdemeanor offenses (which would remain on one's personal record) to that of an infraction subject to a fine. Ultimately, the Infraction Citation Program could help reduce the waste of taxpayers' money presently spent on repeat violation enforcement. Rather than a series of threatening letters, after a warning notice, a citation could be issued if the violator is unwilling to abide by City codes. This would constitute a fine of $50 for the first offense. Repeated offenses would result in a higher fine and ultimately legal action, if necessary. Staff believes that a properly administered Infraction Citation Program could be both effective and equitable in our community. Should the Council agree, staff and the City Attorney would commence preparation of the necessary changes to our Municipal Code and return to Council with a specific program to initiate the program. RECOI,I,I£NDATIOti That the City Council direct City staff and the City Attorney to prepare the necessary documents for a citation program to enforce Zoning and Building Code violations. DONALD D. LAMM, Director of Community Development DL:do attachment: Western Cities article Feb. 1984 Community Development Department New Citation System A!m Is Correction, Not Pumshment Junk cars on public streets, unhealthy housing conditions, litter and dogs on the loose should be less in evidence next year at this time, say Oakland city officials. Amendments to city ordinances which became effective last month make many law violations infractions rather than misdemeanors. Those who disobey the law will be given a ticket, much in the way overtime parkers are cited. Under the infraction system, most vi- olators receive a warning notice to cor- rect the condition. City officials believe this system will be more effective in gaining compliance. It also will be fairer to those cited, because a violator may present a defense without an attorney, they contend. "Our purpose is to correct bad situa- tions rather than to punish," explains Mayor Lionel J. Wilson. "We believe people will comply more readily under this system. The fines are less, and there's no threat of jail, so we expect fewer people to appeal." Promotes Effidency Wilson, who first proposed the system about five years ago, said it should result in more court efficiency. "Infractions are easier to file and require less court time." he noted. "Misdemeanor en- forcement, on the other hand, can require several court appearances, where cases are mixed in with more serious criminal City employ-~'s with authority to cite violations attended 12 hours of training last month. Examples of the types of cases they will handle are: · illegal ~crap yards and motor vehicles dismantlers, · commercial automotive repair in residential zones, · cummercial businesses operating in residential zones without valid approval, · buildings constructed without a building permit, ® illegal signs, · trespassing on Housing Author- ity grounds, · dumping of trash a~,d litter, · dogs running loose, and ® violations of the building, plumbing and fire codes. Western Cio'/l:'ebruary 1984 Persons who violate the various city codes will receive warning notices. If the situation is not corrected within the al- lowed time, the appropriate department follows its established procedures of holding office hearings, sending letters and referring the matter to an adminis- trative body. If no results are obtained, the city then issues a citation. If the person is a-repeat offender or if the violation must be stopped immedi- ately, a city employee may issue a cita- tion on the spot, without going through . the regular procedures. Once cited, the violator must either pay a fine or appear before a judge. If the violator submits proof of correction, the fine is reduced. Repeaters Charged The fine is $50 for the first offense, $100 for the second, $250 for the third and any subsequent violations within a year. Any violations beyond the third in a year may be charged as a misde- meanor, punishable by a fine up to $500 or a jail sentence' up to six months, or both. Because imprisonment is not allowed as punishment for an infraction, a person charged with an infraction is entitled to a trial before a judge, not a jury. This reduces the time for enforcement and the formality of infraction proceedings. If an accused decides not to challenge the infraction, he or she may simply pay the fine and bail without going to court. As City Attorney Richard Winnie points out, "Our goal in enforcing the City Code is to achieve correction, aa opposed to inflicting punishment. This system streamlines and improves the effectiveness of enforcement personnel. It also allows more efficient use of court personnel." The system is fairer to the citizen in- volved, he adds. "They can resolve an offense without a formal court hearing and need not take on expensive legal assistance to defend themselves." ·