HomeMy WebLinkAboutcode amendment codeenforcement staffreport 1-12-15
REPORT TO PUBLIC SAFETY ADVISORY COMMISSION
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PUBLIC SAFETY ADVISORY COMMISSION
FROM: GRANT TAYLOR, COMMUNITY DEVELOPMENT DIRECTOR
DATE: January
21, 2015
SUBJECT: Introduction of Ordinance No 2015-________ amending the Lake Elsinore Municipal Code to allow for more effective code enforcement and cost recovery procedures
RECOMMENDATION
Sta
ff recommends that the Public Safety Advisory Commission (PSAC) accept a presentation from staff, consider the attached ordinance, provide comments, and recommend that staff forward
the item to the City Council for consideration at a public hearing on February 10, 2015.
BACKGROUND
The recommended amendments and additions to the Lake Elsinore Municipal Code (LEMC)
in the attached proposed ordinance are designed to: (1) maximize the City’s cost recovery and enforcement ability in code enforcement matters to the fullest extent permitted by law;
(2) streamline related procedures to reduce impacts on staff and ensure due process; (3) deter further violations of the LEMC and other laws; and, (4) update the LEMC to comply with
recent court decisions and changes in the law.
ANALYSIS & DISCUSSION
By adopting this ordinance, the City will have all cost recovery tools permitted by law at its disposal. State
law permits the City to adopt a broad array of enforcement and cost recovery tools that will enable the City to more effectively and efficiently abate nuisances and violations of the
LEMC, while also allowing the City to recover its costs of enforcement, including legal costs when incurred.
Agenda Item No. 4
If this ordinance is adopted, general cost recovery provisions added to the LEMC will include explicit language allowing for attorney’s fees and staff costs to the prevailing party in
all nuisance abatement efforts, which broadly encompasses the entire scope of a case from investigations and inspections to civil, criminal, and/or administrative proceedings. State
law requires that the language contain the “prevailing party” language.
In addition, the proposed ordinance authorizes the imposition of civil penalties of up to $1,000 for every
day a violation exists and for treble the costs of abatement for subsequent judgments within a two-year period. These tools will not only allow the City to recoup its costs but they
will also deter repeat offenses.
The bulk of the ordinance focuses on amending LEMC Chapter 8.18 “Nuisance Abatement.” Amended provisions include: (1) expand the definition of “nuisance;”
(2) expressly authorize the City to investigate and abate nuisances; (3) eliminate the requirement of a hearing prior to a determination a nuisance exists; (4) set forth notice requirements
to demand voluntary nuisance abatement; (5) provide the opportunity and procedures to appeal the imposition of abatement costs; (6) add procedures for abating imminently dangerous nuisances;
and (7) ensure procedures for the imposition of a nuisance abatement lien or special assessment comply with State law requirements.
The Ordinance also adds provisions to the LEMC related
to the administrative citation procedure by allowing a compliance period for non-emergency building or zoning related violations, as required by law. This provision ensures the validity
of the citations and fines issued. Further, added language clarifies the right to appeal a citation and sets out procedures under a neutral hearing officer, in compliance with case law,
to reduce the likelihood of a later challenge.
Other amendments include language clarifying the joint and several liability of parents or legal guardians of a minor who engaged in graffiti
and liability for non-minor offenders. This amendment imposes liability for all abatement costs with a personal obligation, a nuisance abatement lien and/or special assessment on real
property. The determination of liability will include any confession or admission, or any guilty plea, “no contest” plea, or conviction for graffiti, thereby, enhancing the City’s ability
to recover its costs. This process will greatly expand the City’s ability to recover graffiti clean-up and enforcement costs, while also providing a greater deterrence for future graffiti.
This same ordinance, coupled with aggressive enforcement, have allowed other cities to experience significant reductions in graffiti incidences and costs incurred by the City in abating
the graffiti.
Finally, a new chapter entitled “Social Host Obligations” will deter underage drinking and illegal drug use by minors. The key part of this chapter imposes a legal duty
onto adults who permit, allow, or host an event at their residence or property to take certain reasonable steps to prevent such illegal consumption by minors, with certain exceptions.
FISCAL IMPACT
The City will see a positive fiscal impact through the streamlined procedures provided by the ordinance, reduced staff costs, and cost recovery for City code enforcement
efforts.
ENVIRONMENTAL DETERMINATION
The proposed ordinance is Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Class 21 – CEQA Guidelines
Section 15321, Enforcement Actions by Regulatory Agencies.
Prepared By: Matt Silver
Contract City Prosecutor
Approved By: Grant Taylor
Community Development Director
Attachment:
Draft
Ordinance