HomeMy WebLinkAboutStaff Report - Nuisance Abatement Ordinance Revisions 1
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
Staff 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 a llowing the
City to recover its costs of enforcement, including legal costs when incurred.
Agenda Item No. 4
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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.
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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 E xempt 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:
1) Draft Ordinance