Grand Jury Board of Supervisors response to Grand Jury Report Code Compliance Division

Understaffing over a long period of time in the Code Compliance Department means that Code Compliance Investigators are unable to complete cases in a timely manner, causing a huge backlog of cases some of which are up to 40 years old. _x_ AGREE __ PARTIALLY DISAGREE __ DISAGREE Response explanation (required for a response other than Agree): Required Response from the Santa Cruz County Board of Supervisors Code Compliance Division – Out of Compliance Due by September 21, 2023

The Code Compliance Department and the Planning Department do not routinely revise and update their departmental procedures and policies, which leads to lack of accountability to the public and inconsistent implementation and interpretation of findings in investigations. __ AGREE _x_ PARTIALLY DISAGREE __ DISAGREE Response explanation (required for a response other than Agree): While the Code Compliance Section of the Community Development and Infrastructure Department does not routinely update procedures and policies, it does have standard methodology implemented set forth by the County Code to ensure all individuals have access to due process. Code Compliance has policies and procedures associated with intake and processing of complaints, timeframes for addressing complaints based upon prioritization of the types of complaints, methods for obtaining inspection warrants, preparation of case packets, and notification procedures have been consistently implemented. In addition, current Code Compliance investigators have a collective 50+ years between the three investigators in this section. Regarding written procedures in the Code Compliance Section, the Code Compliance Process Handout was last updated in 2016 and includes milestones at 20-days, 90- days, 120-days, 180-days, and 200-days. The Development Review and Building Sections’ permit intake and public counter related procedures are up to date, which has been challenging in that the department has been subjected to a variety of emergency related events over the course of the past three years, including the COVID-19 pandemic, 2020 CZU lightning complex fires, and 2022-2023 atmospheric river storms. These events required the department to rework the permitting and project review procedures to include a new electronic submittal system and remote counter consultations via email and telephone. Other procedures, such as those that address the Recovery Permit Center operations and interdepartmental coordination with various divisions and departments are in process. Further, through the establishment of the Unified Permit Center, customer service and permitting procedures will continue to be updated to reflect the department’s goal of streamlining the permitting process and providing consistently excellent customer service. The Board of Supervisors, Planning Division and Code Compliance Section recognize some procedures need updating; however, Planning’s implementation of the code investigation, permit submittal, and permit review procedures has not been inconsistent. Required Response from the Santa Cruz County Board of Supervisors Code Compliance Division – Out of Compliance Due by September 21, 2023

The Code Compliance Department of the Planning Department does not have quality assurance systems in place to evaluate their own performance and effectiveness, which contributes to lack of accountability and lack of credibility and public confidence. __ AGREE _x_ PARTIALLY DISAGREE __ DISAGREE Response explanation (required for a response other than Agree): The Code Compliance Section tracks complaints by type, and on an annual basis presents each Board member with a summary of the number and type of complaints that have come in, how many were found valid, how many were resolved without citation or posting a notice of violation, how many were posted with a notice of violation, and how many were brought to hearing. The success of the Code Compliance Section does not only rely on quantitative and qualitative measures of effectiveness to build credibility and confidence in the program. Code Compliance success relies on the engagement of the property owner in teaming to take corrective action. Property owners often have barriers that form barriers to their own success. Good code enforcement starts with education, building enabling relationships, and being accountable to the community. Code Compliance staff prioritize initial response time for new complaints based upon established response goals for low, medium, and high priority determinations for various types of violations. These priorities are implemented based on public health, life safety, and environmental degradation. Code Compliance staff are evaluated on an annual basis by the section manager through a review of their overall caseload, the number of cases brought into compliance, the number of cases brought to hearing, the number of service requests resolved without a formal citation, and an evaluation of an investigator’s response to that final category. The annual review also includes discussions of any interpersonal conflicts that may come up between staff and with members of the public and is documented in the confidential annual evaluation. Required Response from the Santa Cruz County Board of Supervisors Code Compliance Division – Out of Compliance Due by September 21, 2023

At the present time the Planning Department has limited access for the public. It is frustrating to the public to be unable to readily communicate with the staff required to assist in dealings with building, planning, and code compliance matters. __ AGREE _x_ PARTIALLY DISAGREE __ DISAGREE Response explanation (required for a response other than Agree): The Planning Division is open weekdays from 8 AM to 5 PM, with the public counter open to the public by appointment Monday through Thursday mornings from 8 AM until noon. To optimize customer service, appointments are available in-person, by video, or by phone. While customers are encouraged to schedule appointments in advance, it is rare that the same day appointment is unavailable. To date, the volume of appointments has not demonstrated a need to expand counter service hours. Regarding code compliance-related inquiries, customers who visit the counter wishing to either file a code complaint or follow up on a code complaint, are assisted on a walk-in basis. Code Compliance staff are consistently available on a walk-in basis. In addition to counter appointments, all sections in the division maintain a general inquiry email box. Detailed information regarding permitting codes and applications is also available on the Planning website at www.sccoplanning.com. Department policy is that all email inquiries shall be returned within 24 hours. In the past, during periods of understaffing, email responses were sometimes delayed; however, responding to customer inquiries is consistently the top priority and, in most circumstances, the 24-hour response expectation is met. This policy also applies to phone messages. Planning has a live operator who staffs the general information line Monday through Friday from 8 AM to 5 PM. In situations where a member of the public seeks to speak with a specific staff member, responses may be impacted by workload and sickness or vacation time. Required Response from the Santa Cruz County Board of Supervisors Code Compliance Division – Out of Compliance Due by September 21, 2023

There is a persistent public perception of inconsistent interpretation of code. The building and other various codes are complex and difficult to understand. When misinformation is communicated and portions of projects must be redone, it leads to time and money loss as well as frustration. __ AGREE _x_ PARTIALLY DISAGREE __ DISAGREE Response explanation (required for a response other than Agree): The regulations can be complex, and members of the public are encouraged to work with Planning staff prior to submitting their development project permit applications. (Note that the building code is established by the International Code Council and the State of California.) Planning offers 30-minute counter appointments and email assistance, and there is no limit to the number of appointments or inquiries one may make. In that appointment, Planning and Building staff are available to provide general guidance on the applicable policies and regulations and to review and provide early feedback on project plan completeness. Projects are often complex with many unique parameters and characteristics. For more complex projects, it is recommended that prospective applicants apply for a pre- application consultation and/or a pre-development site review, the deliverable of which is a letter that contains written analysis of the project that lays out the permit path/next steps in the review process. Issuance of the letter is often preceded by a meeting with the applicant to review the findings in the letter. Unfortunately, these options are not often used. The public perception of varying interpretations of the code is based in part upon receiving different responses due to the customer’s presentation of the project at the time of the appointment. For example, with respect to the question of “do I need a permit for a 6-foot-tall fence?”, the answer is generally “no,” unless it is in the front yard. However, fences on coastal bluffs or near sensitive areas may have different requirements that can affect a seemingly straight-forward response. Appointments are intended to provide general information in response to the inquiry presented; the more detailed the question, the more detailed (and accurate) the answer will be. A considerable volume of inquiries is fielded daily, by telephone, email and appointment. Required Response from the Santa Cruz County Board of Supervisors Code Compliance Division – Out of Compliance Due by September 21, 2023

The Conflict-of-Interest policy does not include conflicts regarding family, friends, or prior relationships of a personal nature. This omission, and the optics in some situations, lead to misunderstanding and mistrust between the public and the Code Compliance Department as well as increasing the risk of liability to the County. __ AGREE __ PARTIALLY DISAGREE _x_ DISAGREE Response explanation (required for a response other than Agree): Code Compliance works with all members of the public and is bound by Santa Cruz County Code Chapter 3.40 Conflicts of Interest and Incompatible Activities. The standard practice with regards to family and friends who ask that Planning staff investigate something is to direct them to file a complaint, to be handled according to standard practice. Allegations of collusion between complaining parties or property owners and enforcement staff are common, especially in cases where the complaining party assists in providing evidence, or in cases where staff determines there is no violation, and a complaining party disagrees. When investigating a complaint, Planning staff have been instructed to recuse themselves from the case if they have a personal relationship. As the identity of a complaining party is confidential, an investigator may not know of a personal relationship unless the complaining party discloses their identity. If the relationship becomes known, the case is transferred to one of the other two investigators. Required Response from the Santa Cruz County Board of Supervisors Code Compliance Division – Out of Compliance Due by September 21, 2023

The Planning Department is by its nature supposed to be a customer- focused department, yet it operates in ways that discourage communications, undermining the public’s trust in the department. __ AGREE __ PARTIALLY DISAGREE _x_ DISAGREE Response explanation (required for a response other than Agree): The Planning Division has consistently prioritized customer service. Whether it be in a code enforcement, building permit, development permit, or policy related function, assisting the public is the division’s primary duty. As mentioned in an earlier response, staff are available by phone during business hours, with a live receptionist fielding and directing calls Monday through Friday. In addition, customers with general inquiries have several options by which to contact staff, including by email, phone, or in-person appointments. Staff are available on a walk-in basis. The division’s policy is to return emails and phone calls within 24 hours. As noted above, detailed information regarding permitting codes and applications is also available on the Planning Division website. Due to the complex regulatory environment inherent to the nature of the work that the Planning staff do, the information the public receives regarding the permit requirements or process is not what they were hoping to hear. The rules and regulations are put in place to protect public safety and the quality of life of residents and visitors to the County. This focus often conflicts with the wants and needs of the individual. This can leave individuals feeling as though the level of service received was less than expected when the hoped-for response is not heard. Required Response from the Santa Cruz County Board of Supervisors Code Compliance Division – Out of Compliance Due by September 21, 2023