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Home My WebLink About2004-07-13 - AGENDA REPORTS - TITLE 23 NEIGHBORHOOD PRESERVA (2)Agenda Item: —7R— CITY OF SANTA CLARITA AGENDA REPORT NEW BUSINESS City Manager Approval: Item to be presented by: Ruben Barrera DATE: July 13, 2004 SUBJECT: TITLE 23, NEIGHBORHOOD PRESERVATION: A RESOLUTION ADOPTING A FINE SCHEDULE PERTAINING TO ADMINISTRATIVE CITATIONS, GENERAL PENALTIES ORDINANCE, ADMINISTRATIVE CITATIONS ORDINANCE, PUBLIC NUISANCE ORDINANCE, ENFORCEMENT COST RECOVERY ORDINANCE DEPARTMENT: Planning and Building Services RECOMMENDED ACTION City Council introduce and pass to second reading an ordinance adding Title 23 to the Santa Clarita Municipal Code ("SCMC") entitled "NEIGHBORHOOD PRESERVATION," and adding Chapter 23.10 entitled "GENERAL PENALTIES," an Ordinance adding Chapter 23.20 to the SCMC entitled "ADMINISTRATIVE CITATIONS," an Ordinance adding Chapter 23.30 to the SCMC entitled "PUBLIC NUISANCES," an Ordinance adding Chapter 23.40 to the SCMC entitled "ENFORCEMENT COST RECOVERY." BACKGROUND When the City incorporated in 1987, it adopted many of the enforcement provisions used by Los Angeles County. As the community's neighborhoods begin to show signs of aging, it has become necessary to step up enforcement efforts in order to effectively correct substandard property conditions that can have detrimental effects on neighborhoods. At the same time it became apparent that the current enforcement provisions adopted in previous years needed to be updated to both reflect the latest enforcement tools permitted by State law and allow for more effective and timely resolution of violations of the Code. During a City Council Study Session, staff made a presentation outlining some of the current challenges faced in enforcing existing codes. At that time Council directed staff to develop new provisions that would address these challenges and facilitate the enforcement process. City staff worked closely with the City Attorney's office to modify existing ordinances and develop new enforcement provisions for adoption into the City's Municipal Code. A follow up City Council Study Session was held outlining these efforts where Council instructed staff to bring the the pertinent ordinances to a regularly scheduled City Council meeting for adoption. These new changes to the City's Municipal Code could be seen as "preventative maintenance" and will assist staff in protecting public health, safety, and welfare while preserving the integrity of the community. It was also determined that the public would be best served if the City combined all regulations for code enforcement methods into one Title. Accordingly, the attached ordinances will make up the new Title 23 entitled "Neighborhood Preservation." ANALYSIS OF THE PROPOSED TITLE 23 'NEIGHBORHOOD PRESERVATION" The following summarizes the key provisions of the new chapters contained within the proposed title 23 "Neighborhood Preservation" Chapter 23.10 updates the City's current provisions on general penalties. The ordinance clarifies the roles of staff in enforcement actions, provides clear authority for criminal prosecutions, and details the means by which infraction citations are to be issued. Chapter 23.20 updates the City's current provisions on administrative citations. The administrative citation process will encourage compliance while giving staff the ability to impose fines where compliance is not achieved within specified deadlines. These citations are an excellent incentive to apparent violators since the fines can increase on a daily basis upon failure to comply with an order to correct a substandard condition. In light of the City's obligations under its NPDES permits, these citations are also crucial for enforcing the City's stormwater regulations. Chapter 23.30 entitled "Public Nuisances" defines and adds clarity to public nuisances. Since the City was incorporated, staff has used Chapter 98 and 99 of the Los Angeles County Building Code when attempting nuisance abatements. Staff believes that the City should move forward with adopting its own regulations for identifying and abating public nuisances. This will allow the City to use its own community standards for what constitutes a public nuisance while eliminating conflicting provisions between the City Municipal Code and the County's Codes. Finally, Chapter 23.40 allows the City to recover enforcement costs under specified circumstances. As fiscal matters become a greater concern, it is important that the City recover added costs expended on enforcement efforts that become necessary due to non-compliance with enforcement notices, such as follow-up inspection costs, legal costs, and abatement costs. For the City to continue improving the community and protecting the public, it must have strong, enforceable code enforcement provisions. The fundamental `tools' for such action are modern and effective regulations and enforcement provisions as permitted by State law. The Chapters contained in Title 23 will provide these `tools.' They also clarify the appeals process and make provisions for hearings, should they become necessary for hearing challenges to enforcement actions by the City. In addition to abatement of public nuisances, these provisions may also be used for the enforcement of City Ordinances pertaining to illegal sign abatement, illegal grading, illegal uses, NPDES violations and other City Municipal Code provisions relating to development requirements and standards. ALTERNATIVE ACTIONS City Council may choose not to revise the Municipal Code. Other direction as determined by the City Council. FISCAL IMPACT Annual cost estimated at $32,000 as follows: 1. $17,000 for an additional part time clerical support position to implement the new provisions for tracking citations, scheduling administrative appeals hearings, and tracking recovery of enforcement costs and fines. 2. $8,000 for contracting with an independent hearing officer to conduct administrative hearings. 3. $7,000 for contracts to clean-up and abate substandard conditions on private properties identified as public nuisances, when requested by the City It is anticipated that equal and off -setting revenues will be generated through collection of fines, as outlined in the Schedule of Fines Resolution, and through cost recovery of enforcement costs as outlined in the new Neighborhood Preservation Ordinances, including abatement expenses, staff time, legal fees, and other related costs, which may be assessed to the responsible violating party, when permitted by law. This item was not identified in the budget year FY 04-05. If approved, staff will return for a second reading at a future regular City Council meeting for final adoption of the ordinance and appropriation of funds into the FY 04-05 budget. ATTACHMENTS Resolution Neighborhood Preservation Administrative Citation Procedure Assessing and Collecting Enforcement Costs Regulating Public Nuisances