HomeMy WebLinkAboutAGENDA REPORT 1991 0619 CC REG ITEM 08CITEM
(28-0
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
`..00RPARK, CALIFORNIA
City Council Mooting
of �1991
ACTION4 -&/di
M E M O R A N D [1 M �
4
TO: The Honorable City Council
FROM: Patrick J. Richards, �l
Director of Community Development 1
DATE: June 11, 1991 (City Council Meeting 6- 19 -91)
SUBJECT: REPORT BACK REGARDING CODE ENFORCEMENT
PROCEDURES FOR ISSUING "- ITATIONS
BACKGROUND
On February 6, 1991 The City Counc ,1 approved a resolution granting
Code Enforcement Officers the inility to issue citations, and
approved a related bail schedule
At that time, the Director of Community Development advised the
Council that the Procedures out.-ning when a citation is to be
issued, would be submitted for Coy tc i 1 review, as soon as they were
completed.
DISCUSSION
Attached is the proposed Depari..ment of Community Development,
Procedures #5 regarding the i:�suance of citations for Code
violations. They outline the guidelines to be followed in respect
to issuance of citations. These Procedures were sent to Lieutenant
Rodriguez for review at the Ventura County Sheriff's Office on
February 25, 1991. They were also sent to the City Attorney on May
30, 1991. Only Code Enforcement "Officers" will be given the
authority to issue citations on a regular basis. Inasmuch as it is
not the Department's intent to ssue any significant number of
citations this limitation does no! appear to be a concern.The Code
Enforcement Technician will only s9iie Parking citations on an as
needed basis.
PAUL W. LAWRASON JR BERNARDO M PEREZ SCOT- MC' 'GCMI R� ROY E. TALLEY JR JOHN E. WOZNIAK
Mayor Mayor Pro Ten G>urcr -mt,e. Councdmember Councilmember
Included in these procedures are stipulations such as, the fact
that citations will not be issued until at least two written or
documented warning notices of violation have been issued. Also,
citations are only to be issued after obtaining approval from the
Director of Community Development (There are specific exceptions
such as dumping and graffiti) These procedures include the
requirement that Code Enforcement Officers will not physically
arrest anyone who refuses to sign a citation, but will-have the
citation issued to them through she mail.
The Department of Community Development is in the process of
developing a number of procedures for the Code Enforcement staff.
These procedures regarding "Citations ", refer to other Procedures;
none of which have been approved by the City Manager. A draft of
(No. #1) "Receiving Complaints" is attached. Procedure No. #7,
regarding "Misdemeanor Complaints ", will be completed upon
implementation of these procedures. It is this Department's desire
to create an identifiable form and structure for the Code
Enforcement personnel with the u:e of these formal procedures.
These procedures have been reviewed by the City Attorney's office
with their comments and concerns included within this report.
RECOMMENDATION
Receive and file this report.
PJR \MARI9JUN91
cc: Steve Kueny, City Manager
Mario Riley, Code Enforcement:: Technician
CODE ENFORCEKENT MANUAL
POLICIES AND PROCEDURES
Procedures #5
Date:
Effective Date:
Supersedes:
Director's Initials
Subject: To provide specific guidelines to Code Enforcement
Personnel for issuing citations, and to provide
information regarding State mandated laws and legal
responsibilities to be observed regarding citations,
courts and local Law Enforcement agencies
v • -W . . .
A citation to appear in court to answer charges is considered by
most citizens to be a very serious reflection on their law abiding
character and integrity. In view of the serious consequences, you
must consider very carefully all aspects of a situation before a
citation is issued.
The use of citations in enforcement of laws, rules, regulations,
codes and ordinances is the bridge between a Notice of Violation
and the filing of a misdemeanor (' ~omplaint in court.
The Code Enforcement Officer (c:.E.O.) is not charged with the
responsibility of determining punishment. This is the duty of the
court.
ISSUING CITATIONS
Only Code Enforcement Officers may issue citations as part of their
regular duties. Code Enforcement Technicians only have the
authority to issue parking citations. As a condition of employment
with the City of Moorpark, al. Code Enforcement Officers and
Technicians will be required to obtain a Certificate of Completion
in training to exercise the ability to issue citations ( "-Powers of
Arrest ") as stipulated in Section 832 of the California State Penal
Code and in their job descriptions. They will also be required to
have, or be able to obtain this certif icate within 90 days from
their date of employment.
It is very important to keep in mind that before issuing a
citation, the Code Enforcement Officer should document in writing
the facts involved and obtain prior written approval from the
Director of Community Development except in those cases cited
below).
Only INFRACTION citations will be issued in the field. After
approval by the Director of 'ommunity Development the Code
Enforcement Officer shall refe.i all misdemeanors to the City
Attorney for review. The Director of Community Development may
consult with the City Manager or such matters. The City Attorney
will file these violations with he court, only after approval by
the City Council.
This gives the City Attorney the opportunity to review the
facts of the case to determ �e if: 'ity staff have adhered to
required procedures.
It allows staff members from Community Development and City
Attorney's offices to meet and discuss, and develop the cases,
and to determine what cour_sf of action /s is the best for the
City.
Procedures regarding misdemeanor complaints will be found in
Policies & Procedures V, which iescr:ibes the steps taken when a
decision has been made by the Dir -cter of Community Development to
pursue this type of complaint.
DO NOT issue a citation until you have reviewed the matter with the
Director of Community Development and you have received written
approval to proceed. The following violations may be cited without
prior discussions with the Director:
1). Dumping Hazardous Waste.
2). Illegal Dumping.
3). Defacing Public Property including graffiti.
4). All Public Park Rules,
5). Parking Violations.
6). All third offense violations, for which prior written
approval has been provided by the Director of Community
Development. Third Offense is a third violation of the
same section by the same person within a one year period.
Once the decision has been made, proceed to issue the citation. A
sample of the citations used, along with the instructions for
completing them, will be covered in Policies and Procedures #6,
which gives the step by step procedures for completing the actual
citation form along with the Penal Code sections which pertain to
their legal requirements.
After being cited, the offender would be required to appear in the
appropriate court to enter a plea. Pleas of guilty or nolo
contendere receive immediate court decisions and penalties assessed
would not require the presence of enforcement personnel. Only pleas
of not guilty would require an appearance in court.
When a citizen complaint is received, or a violation is observed by
a Code Enforcement Officer, the standard procedures for receiving
complaints and opening a file wi 1, be completed. (See Receiving
Complaints, Procedures No. #1).
The General Policy is when the i irst contact for a violation is
made, either a documented verbal or written Notice of Violation
will be issued. This will be based on the type of violation and
type of cooperation received from the violator.
Example: If you contacted a person operating a business regarding
a sign complaint, and his /her reaction was that of not being aware
of committing a violation, there a verbal warning followed by
appropriate documentation, such ,: case file entries would be in
order.
If a second contact is made regarding the same violation by the
same person or business, then a written Notice of Violation or a
Letter of Violation would be issutyd
In a situation where an individua. commits a violation, or has had
previous warnings, (verbal and written) then a request to the
Director of Community Development or his representative to allow a
citation to be issued will be made. Also, for a citation to be
issued, it must be the third vic 4ation to occur within one year
from the date of the first warnin .
I
Citations are issued to individuai(s) committing the violations.
In a situation where a business is involved in a violation, a
citation may be issued to an employee, manager or the owner, not
the business. A corporation is considered an individual, but a
corporate officer must sign the citation. A corporate officer is
a legal representative of the company such as the president, vice -
president or someone on the board of director's, etc. If criminal
action should be taken against the corporation, determine if a
corporate officer is present and have that person sign the
citation. Explain that the alternative is a formal complaint and
issuance of a summons (Penal Code 1390).
In ANY situation where an individual is refusing to sign a
citation, try to explain that the citation is only an oath to
appear at the time and place noted. Display the printed information
on the face of the citation indicating the notice to appear. If
he /she continues to refuse to sign, patiently listen and write down
the reasons for refusal which can be used for future reference.
Advise the violator that failure to sign the citation is a separate
violation and is a misdemeanor. .f the individual continues to
refuse to sign the citation, leave the area and write in (refused
to sign) on the violators signature box of the citation. Document
all the facts in the file. A copy •of the citation will be sent to
the violator with a court appearance date on it indicating that
copies will be sent to the court. A new violation will be written
into the citation along with the original violation for failing to
sign a written promise to appear, as stipulated in section 853.5 of
the California state penal code. All comments or quotes made by the
violator may be written on the back of the citation so that they
may be viewed by the judge who handles the case.
Special Notice: Under no circumstance will the Code Enforcement
Officer, either by physical force or police assistance, attempt to
arrest or take into custody anyone who refuses to sign a citation.
Although this is technically permitted by State Penal Code, the
City's procedure is for the Code Enforcement Officer to obtain as
much information as possible pertaining to the individual and the
circumstances of the case and mai: in the citation. This would
also be the time the local police department would be called. (See
Radio Procedures No.3 for dealing w:th these types of emergencies).
No physical contact is authorized. If the officer believes
physical contact is imminent or likely, you are to remove yourself
from the area immediately.
The Code Enforcement Officer will obtain all the information
necessary to fill out the citation thoroughly. As standard
procedure, always ask for a valid drivers license, or any state
identification with a photograph..
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POLICE ASSISTANCE
Other situations may arise when police or sheriff's assistance will
be needed. Assistance would be required when an individual is in
the process of committing an acct such as: spraying graffiti,
illegal dumping, a possibility of threat or danger to yourself, a
violator has been known to have made prior threats if approached
regarding certain violations, or i " there is a possibility that the
violator will attempt to flee.
Throughout this duration should the violator attempt to leave the
scene, you will need to approach the violator and detain them,
until the police arrive. To detain means to keep from proceeding
on. This means you may not physically block a person's path, you
are not to place your hands on them. You are to verbally request
that they remain at the site and advise them they should not leave
or they will be adding an additional violation. If it appears the
situation may escalate into a physical conflict let the person
leave. If the violator should get into a vehicle, attempt to get a
license number. You should remain in communication with Moorpark -1
dispatcher relating information which can be given to the police.
If the violator observes you and attempts to flee by vehicle or on
foot, do not attempt to pursue or apprehend them.
Code Enforcement Officers do not participate in any pursuits.
On any occasion when the police aze asked for assistance, the Code
Enforcement Officer will always remain the primary officer in the
situation. The police officer will not be in the position or obtain
responsibility in regards to code violations. The only instance a
police officer would become the responsible officer is if the
situation was one that the policE� are ordinarily called upon to
deal with, such as, pursuits, observing a violation of laws such as
drugs, weapons or any other violat on that the police handle in the
course of their normal duties.
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