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HomeMy WebLinkAboutRES CC 2004 2165 2004 0204RESOLUTION NO. 2004 -2165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING IMPROVEMENTS IN THE CODE COMPLIANCE WORK PROGRAM WHEREAS, the City Council is desirous of achieving voluntary compliance with the Moorpark Municipal Code; and WHEREAS, compliance with the Moorpark Municipal Code will promote the public health, safety, welfare and aesthetics of the city of Moorpark and have a positive affect upon property values. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark does hereby adopt the Code Compliance Work Program as shown in Exhibit A attached. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause ­a---certified resolution to be filed in the book of original r olution . PASSED AND ADOPTED thi,( 4th day of Fdbrua, 20)64. rick Huntjr, Mayor ATTEST: _J G - Deborah S. Traffenstedt, City Clerk Attachments: Exhibit A Resolution No. 2004 -2165 Page 2 EXHIBIT A CODE COMPLIANCE PROGRAM Program Objective: The objective of this Code Compliance Program is to create a clear, concise guide to achieve compliance with the Moorpark Municipal Code. This Program is designed to promote code compliance through public awareness. Program Purpose: The Moorpark Municipal Code sets minimum property maintenance standards for health, safety, welfare, aesthetics and compliance with development standards and conditions of entitlement approvals. The Code Compliance Officer will be assigned a structured schedule for visits to the City's industrial, commercial and residential neighborhoods to insure compliance with the Municipal Code in such areas as: • Unkempt yards and overgrown vegetation • Junk, litter, and debris /illegal dumping • Storage of inoperable vehicles • Unpermitted outdoor storage • Abandoned or unsafe buildings • General property maintenance issues (broken windows, deteriorated roofs, hazardous properties, broken plaster, peeling paint) • Excessive noise • Illegal signs and banners • Keeping of animals /farm animals in excess of allowed numbers • Garage conversions • Structures constructed without a City permit • Grading without a City permit • Adherence to entitlement permit conditions, if applicable The Community Development Director is responsible for the Code Compliance Program. The Director may designate other staff for supervision and implementation of the Program. Resolution No. 2004 -2165 Page 3 Code Compliance Program Page 2 or 5 The Work Program This work program is divided into three major categories: • Administration • Public Awareness • Prosecution Please note that the attachments to this Work Program are shown as representative examples and may be adjusted by staff to increase clarity and efficiencies. The Director may issue additional procedures and guidelines to implement and clarify as determined necessary. Administration: The Community Development Director is responsible for and administers the Code Compliance Program. In that regard a Code Compliance Officer and assigned supervisor are the direct line staff responsible for the implementation of the Code Compliance Program. Standard forms, letters and documents are used to assure consistency in administration. These forms, letters and documents are based upon four types, 1) Investigation Report, 2) Compliance Request Letters, 3) Citations and 4) City Attorney Letter. Investigation Report: The Investigation Report (Attachment 1) is used to document the report of code compliance request and to document ongoing staff actions. A request may be made by telephone; electronic mail; traditional mail; in person or through a field contact; or by city staff, Council or an appointed Committee or Commission member. The reporting party is confidential information unless the investigation leads to the filing of a court case. In that instance, the reporting party becomes part of the public record. Upon receipt of a code compliance request, an Investigation Report is prepared. The purpose of the Investigation Report is to document potential violation. Once the request has been made it is logged in and the Officer schedules a field visit to ascertain if a violation exists. If the Officer determines that a violation does not exist, the complainant may be informed by telephone or by traditional mail. If a code violation is determined, a Code Compliance Case Number will be assigned, a file created, and a Notice of Violation sent to the property owner or responsible party. Contact with the property owner or tenant may be made at the time of the field investigation if the Director or supervisor has determined it to be necessary and appropriate. The complainant may also be informed. All information will be entered into the Code Compliance Log utilizing City approved software. Resolution No. 2004 -2165 Page 4 Code Compliance Program Page 3 or 5 Compliance Request Letters: There are a series of form letters (Attachments 2 a, b, c, d, and e) which are used to inform property owners regarding Municipal Code violation(s) and the progressive course of action to obtain voluntary compliance. The Notice of Violation (see Attachment 2a) is initially sent to indicate that a violation has been verified by the City and voluntary compliance is requested by a specific date, generally within a thirty (30) calendar day time period, depending upon the extent of the violation. A second Notice of Violation may be sent, depending on the circumstances and the extent of the violations. If compliance is achieved within the given period, or within an alternative time period mutually agreed to after the first contact, a Notice of Compliance (see Attachment 2b) is sent and the case is closed. If voluntary compliance is not achieved, a Notice of Office Hearing (see Attachment 2c) is sent setting a date for an Office Hearing, and reminding the responsible party that voluntary compliance is desired. The Office Hearing purpose is to work out a plan of action directly with the property owner in order to obtain compliance and to recover City costs, where possible. A Follow -up letter (see Attachment 2d) is sent after the Office Hearing, documenting the agreed to plan of action. If compliance is still not obtained, a citation is issued, or permission to recommend filing of legal action is requested from the City Council (See "Prosecution" below). If City Council authorizes legal action, Notice of Pending Court Action (see Attachment 2e) is sent to the property owner, certified mail, return receipt requested. Citations: The Citation process can effectively be used in cases of repeat offenders, egregious violations, or non - static violations, such as vendors and peddlers. When authorized by the Community Development Director, the Code Compliance Officer may issue an infraction or misdemeanor citation, depending on the violation. The maximum penalty for a misdemeanor violation is six months in jail and /or a $1,000 fine. The court may impose probation in lieu of the maximum penalty on condition that the violator remedies all existing code violations. If the violator fails to comply with the Code within a reasonable period of time after the citation, additional citations could be issued until compliance is achieved. A conviction of a violation of the Moorpark Municipal Code may be appealed through the court system. City Attorney Letter: This letter (see Attachment 3) prepared by the City Attorney, signals to the violator the final opportunity for compliance prior to prosecution. This letter advises that the case has been turned over to the City Attorney, gives a final compliance date, a warning that legal remedies will thereafter be sought, and that a Notice of Violation will be recorded against the property to give prospective future buyers constructive notice that a violation exists on the property at the time of sale. Resolution No. 2004 -2165 Page 5 Code Compliance Program Page 4 or 5 Public Awareness: Violations of the Municipal Code occur due to at least two factors, i.e. the laws are not clear or are not generally known. Pamphlets to inform the public have been prepared, in English and Spanish, on specific topics including, but not limited to garage conversions, property maintenance, grading, signs, and temporary events. These pamphlets are available at City Hall public counter, on the website, and through personal distribution. The City newsletter may be used to advertise the availability of these pamphlets and periodically publish articles on code compliance issues. The City cable channel may also be used to provide information regarding code compliance. Prosecution: When all administrative and awareness remedies have been exhausted without achieving compliance; the case will be submitted to the Community Development Director, who will confer with the City Manager and City Attorney to evaluate the merits of a case prior to presenting it to the City Council. If the City Council concurs with the findings of the Community Development Director that the case should be pursued, the City Council will make a determination as to whether to recommend that the City Attorney seek a civil remedy (injunction, nuisance abatement, etc) or to submit the case to the City Attorney for possible criminal prosecution. The City Attorney will review the case to determine whether sufficient probable cause exists prior to filing any criminal action and may also be authorized by the City Council or City Manager to seek a Civil Compromise in lieu of a prosecution. The Civil Compromise is a binding agreement between the City and the violator, where the violator agrees to remedy the violation within a certain period of time and reimburse the City for staff costs, attorney costs and other administrative costs. After City Council's election to recommend a case for prosecution, the Code Compliance Officer will prepare a draft complaint for the City Attorney to review, revise and file with the Superior Court. Upon acceptance by the Superior Court, an arraignment is scheduled. Prior to arraignment the Code Compliance Officer, the City Attorney and the party responsible for the violations hold a meeting to discuss the case. At the arraignment, the responsible party may request a continuance to work out a plan of action with the City, plead guilty and agree to a plan of action or, plead not guilty. In those circumstances when a not guilty plea is entered, the case is held over for trial. Future Programs To increase public awareness, decrease code compliance calls, increase efficiencies in code compliance the following programs are suggested: Resolution No. 2004 -2165 Page 6 Code Compliance Program Page 5 or 5 • Public Awareness Refuse Bill Inserts: Under the recently approved refuse contract the City has six (6) times a year when it may avail itself of inserting information into the refuse bill. This program would periodically insert public information regarding code compliance, such as awareness of the two times per year that unlimited dumping at the landfill and the four times per year that scheduled free pick up of large items may be arranged. Greater awareness of this kind of refuse program may decrease the amount of illegal dumping and property maintenance issues. Managed Enforcement/Neighborhood Development (MEND): MEND would be implemented to maintain the quality of our neighborhoods. Experience has shown that over time, if left unchecked, small problems develop into major problems that can result in neighborhood decline. The MEND Program is designed to identify problems and intervene early for compliance. MEND would provide proactive awareness and compliance within residential and commercial neighborhoods taking a coordinated multi- agency approach focusing first on existing nuisance properties, one neighborhood at a time. Representatives from Code Compliance, Police, Fire, Building and Safety, Community Services and Public Works would participate in the Program. Staff would develop an inspection schedule for each residential, commercial and industrial neighborhood, eventually covering the entire City. It should be noted that during the 1990's a similar program was implemented but later abandoned due to budget constraints. This program is not anticipated to be as staff intensive and would be implemented within current staffing levels. Community Outreach: Community outreach would be a program to meet with community groups at least annually to discuss the code compliance process, the most common types of violations, ways to educate oneself on what permits are required for various activities. The Code Compliance Officer along with the Community Development Director or the Director's representative would meet with homeowner association boards, the Chamber of Commerce Board, merchant groups, service clubs and the like on at least an annual basis to educate its members on what Code Compliance is, how it works, and why it is beneficial to the City. Copies of our business cards and other material such as Code excerpts and pamphlets would be made available. Resolution No. 2004 -2165 Page 7 Investigation Report City of Moorpark File# 1-2004 - Community Development Department Date: Code Compliance Division Received By: Reporting Party: Address: Incident: Location: Property Owner: Parcel Number: Code Compliance Case File Opened Yes ❑ No ❑ I File # C -2004- Notes: ATTACHMENT 1 Resolution No. 2004 -2165 Page 8 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT PLANNING — BUILDING AND SAFETY — CODE COMPLIANCE 799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -6200 fax(805)529-8270 www.d.moorpark.ca.us July 10, 2003 John and Jane Smith 123 Main Street Moorpark, CA 93021 RE: PROPERTY MAINTENANCE VIOLATIONS AT 123 MAIN STREET IN MOORPARK CASE NO. C- 2003 -999 Dear Mr. and Mrs. Smith: On June 17 2003, staff received a complaint and confirmed property maintenance violations at the above site, consisting of the following: • Accumulations of trash, debris and solid waste; • Unpermitted storage of inoperable /unregistered vehicles; and • Overgrown weeds and vegetation. These conditions constitute violations of Section 8.48.020 of the Moorpark Municipal Code related to property maintenance. Your voluntary compliance is requested to resolve these conditions. To achieve compliance without further action by the City, the following actions must be completed by August 10, 2003. 1. Remove and dispose of all accumulations of trash, debris and solid waste from all yard areas and from within all the structures; 2. Remove all inoperable, non - functioning or unregistered vehicles, RV's and trucks from the site; and 3. Abate and dispose of all accumulations of weeds and overgrown vegetation. Your prompt attention to these conditions will avoid the need for further City action. If you have further questions, please call me at (805) 517 -6232 or email me at mriley(cD-ci.moorpark.ca.us. If you have not already received a copy of the Code section, you can obtain a copy at our public counter or you can access our Code via the internet at www.ci.moorpark.ca.us . Thank you in advance for your attention to this matter. Sincerely, Mario A. Riley, Sr. Code Compliance Officer II C: Joseph F. Fiss, Principal Planner File ATTACHMENT 2a Resolution No. 2004 -2165 Page 9 August 1, 2003 John and Jane Smith 123 Main Street Moorpark, CA 93021 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT PLANNING — BUILDING AND SAFETY — CODE COMPLIANCE 799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -6200 fax (805) 529-8270 www.dmoorpark.ca.us RE: PROPERTY MAINTENANCE VIOLATIONS AT 123 MAIN STREET IN MOORPARK CASE NO. C- 2003 -999 Dear Mr. and Mrs. Smith On July 10 2003, a Notice of Violation was sent to you regarding property maintenance violations at the above - referenced site. A recent inspection noted that you voluntarily complied with our request for action and the violations have been cleared. We thank you for your prompt attention to this matter. The City of Moorpark is committed to continuous neighborhood improvement and we appreciate your help with this goal. Please consider this issue is resolved and the case closed. If you have further questions, please call me at (805) 517 -6232 or email me at mrileyR_ci. moorpark. ca. us. Sincerely, Mario A. Riley, Sr. Code Compliance Officer II C: Joseph Fiss, Principal Planner File ATTACHMENT 2b Resolution No. 2004 -2165 Page 10 August 15, 2003 John and Jane Smith 123 Main Street Moorpark, CA 93021 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT PLANNING — BUILDING AND SAFETY — CODE COMPLIANCE 799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -6200 fax(805)529-8270 www.d.moorpark.ca.us RE: PROPERTY MAINTENANCE VIOLATIONS AT 123 MAIN STREET IN MOORPARK CASE NO. C- 2003 -999 Dear Mr. and Mrs. Smith: On July 10, 2003, staff sent you a notice regarding the property maintenance violations on your residential property. An inspection of the site was performed prior to the August 10, 2003, deadline for voluntary compliance, and it was found that compliance had not occurred. Since compliance has not been met and no progress has been made toward compliance, the City is prepared to recommend that the City Attorney initiate legal action by filing charges in Ventura County Superior Court. However; prior to filing charges, you are requested to attend an office hearing at Moorpark City Hall at 4:00 pm, August 30, 2003, where you may provide a plan and schedule for voluntary code compliance and to reimburse the City for administrative costs related to this case. If you can not attend on this date, please call me at (805) 517 -6226 to schedule another time or date that would be more convenient. If you choose not to attend the hearing or have not complied with the Code by that date, the case will be referred to the City Attorney for legal action. Should you have any questions or wish to confirm your attendance at the office hearing, you may contact me between 8:30 am and 9:30 am or between 4:30 pm and 5:30 pm Monday through Friday, at (805) 517 -6226. Copies of the Municipal Code are available on the City's website at www.ci.moorpark.ca.us or at the public counter at City Hall. Sincerely, Joseph Fiss Principal Planner C: Barry K. Hogan, Community Development Director Mario A. Riley, Sr. Code Compliance Officer II File ATTACHMENT 2c Resolution No. 2004 -2165 Page 11 August 17, 2003 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT PLANNING -- BUILDING AND SAFETY — CODE COMPLIANCE 799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -6200 fax (805) 529 -8270 www.ci.rnoorpark.ca.us John and Jane Smith 123 Main Street Moorpark, CA 93021 RE: PROPERTY MAINTENANCE VIOLATIONS AT 123 MAIN STREET IN MOORPARK CASE NO. C- 2003 -999 Dear Mr. and Mrs. Smith: On August 15, 2003, you attended an office hearing regarding the property maintenance violations on your residential property. At that meeting, you agreed to the following voluntary compliance actions: • Overgrown weeds and vegetation will be removed by August 21, 2003; • Accumulations of trash, debris and solid waste will be removed by August 31, 2003; • $176.00 will be paid to the City of Moorpark by August 31, 2003, as reimbursement for administrative costs incurred; and • Inoperable /unregistered vehicles will be removed by September 30, 2003. If there are any problems in meeting these agreed upon actions, please contact me as soon as possible, so that we can arrange an alternative course of action. Voluntary compliance is always our desire; however, if compliance is not achieved the City will recommend that the City Attorney file charges in Ventura County Superior Court. Should you have any questions, comments or concerns, you may contact me between 8:30 am and 9:30 am or 4:30 pm and 5:30 pm, Monday through Friday, at (805) 517 -6226. Sincerely, Joseph Fiss Principal Planner C: Bart' K. Hogan, Community Development Director Mario A. Riley, Sr. Code Compliance Officer II File ATTACHMENT 2d Resolution No. 2004 -2165 Page 12 November 2, 2003 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT PLANNING — BUILDING AND SAFETY — CODE COMPLIANCE 799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -6200 fax (805) 529 -8270 www.ci.moomark.ca. us John and Jane Smith 123 Main Street Moorpark, CA 93021 RE: NOTICE OF PENDING REFERRAL TO CITY ATTORNEY: PROPERTY MAINTENANCE VIOLATIONS AT 123 MAIN STREET IN MOORPARK CASE NO. C -2003 -999 Dear Mr. and Mrs. Smith: The City has tried unsuccessfully, since July 10, 2003, to obtain your cooperation in resolving the above referenced violations. As of November 1, 2003, there are still accumulations of trash, debris and solid waste, unpermitted storage of inoperable /unregistered vehicles; and overgrown weeds and vegetation at the site. The City is preparing to refer the case to the City Attorney by December 1, 2003, unless all the remaining violations are abated by that date. No extensions will be provided and this is your FINAL notice. The City intends to recommend that the City Attorney file charges in Ventura County Superior Court. The City Attorney will seek restitution, probation and compliance orders. Should you have any questions concerning this matter, you may contact me at (805) 517 -6258. Sincerely, Barry K. Hogan, Community Development Director C: Steven Kueny, City Manager John Cotti, City Attorney Joseph Fiss, Principal Planner Mario A. Riley, Sr. Code Compliance Officer II File ATTACHMENT 2e Resolution No. 2004 -2165 Page 13 LAW OFFICES BURKE, WILLUMS & SORENSEN, LLP ORANGE COUNTY OFFICE 611 WEST SIXTH STREET, SUITE 2500 18301 VON KARMAN, SUITE 1050 IRVINE, CALIFORNIA 92612 -1009 LOS ANGELES, CALIFORNIA 90017 -3102 Tel: (949) 863 -3363 Fav (949) 963-3350 Tel: (213) 236 -0600 Fax: (213) 236 -2700 www.bwslaw.com SAN DIEGO OFFICE 402 WEST BROADWAY, SUITE 910 SAN DIEGO, CALIFORNIA 92101 -3553 Tel: (619) 615 -6672 Fax: (619) 615-6673 Writer's Direct Dial: (213) 236 -0600 xxxx rr bwslaw.wm John and Jane Smith 123 Main Street Moorpark, CA 93021 SAN FRANCISCO OFFICE 450 SANSOME STREET, SUITE 1200 SAN FRANCISCO, CALIFORNIA 94111 -3320 Tel: (415) 955 -1160 Fax: (415) 982 -0824 December 8, 2003 SUBJECT: Moorpark Municipal Code Violations at 123 Main Street Case Number C- 2003 -999 Dear Mr. and Mrs. Smith, INLAND EMPIRE OFFICE 3403 TENTII STREET, SUITE 300 RIVERSIDE, CALIFORNIA 92501 -3629 Tel: (909) 788 -0100 Fax:(909)799 -5785 VENTURA COUNTY OFFICE 2310 EAST PONDEROSA DRIVE, SUITE 2S CAMARILLO, CALIFORNIA 93010 4747 Tel: (805) 987 -3468 Fax :(805)482 -9834 OUR FILE NO. 01234 -0001 This office represents the City of Moorpark as its City Attorney. It has come to our attention that you are maintaining the above - referenced property in Violation of Moorpark Municipal Code section 8.48.020. As part of the City's ongoing efforts to improve the character and aesthetic quality of the City by working with property and business owners, the City staff first contacts individuals who may be in violation and attempts to resolve such matters informally. Where, as here, repeated efforts by City staff have proved unsuccessful, this office has been called in to seek compliance before pursuing legal remedies. Therefore, the City of Moorpark requests that you take immediate action to rectify the following: ATTACHMENT 3 Resolution No. 2004 -2165 Page 14 1. Remove and dispose of all accumulations of trash, debris and solid waste from all yard areas and from within all the structures as required by Moorpark Municipal Code § 8.48.020. 2. Remove all inoperable, non - functioning or unregistered vehicles, RV's and trucks from the site as required by Moorpark Municipal Code § 8.48.020. 3. Abate and dispose of all accumulations of weeds and overgrown vegetation as required by Moorpark Municipal Code § 8.48.020. If the above violations have already been corrected, please contact Officer Mario Riley, Moorpark Code Compliance Division, at (805) 517 -6232 to schedule an inspection date to confirm that the above corrections have been completed. Please be advised, however, that if you fail to bring the property into compliance by January 7, 2004, the city will have no alternative but to pursue further legal remedies. Such remedies may include filing a criminal complaint against you pursuing a nuisance abatement action in which all fees and costs incurred by the City, including attorneys' fees, may be imposed as a lien upon your property; or seeking an injunction from court. Your prompt attention to this matter is greatly appreciated. Again, please contact Officer Riley, Moorpark Code Compliance Division, at (805) 517 -6232 on or before January 7, 2004, to confirm that the above violations have been corrected. Sincerely, For BURKE, WILLIAMS & SORENSEN, LLP cc: Joseph M. Montes, City Attorney Steven Kueny, City Manager Barry K. Hogan, Community Development Director Joseph Fiss, Principal Planner Mario Riley, Code Compliance Officer ATTACHMENT 3 Resolution No. 2004 -2165 Page 15 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2004 -2165 adopted by the City Council of the City of Moorpark at a regular meeting held on the 4th of February, 2004, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 4th day of February, 2004. Deborah S. Traffenste , City Clerk (seal)