Report: County of Kern Public Works Code Compliance

The current fleet of 11 vehicles does not include four-wheel drive or off-road vehicles. Nine of the 11 vehicles are over 10 years old and 10 have between 110,000 to 230,000 miles. The fleet does not meet Code Compliance Officers’ requirements to drive off-road in various terrains to investigate illegal dumping, and homeless encampments above and underground.

The Code Compliance’s clerical staff, while extremely efficient, is understaffed for the size of the workload.

Currently there is only one OSS and three OSTs; any absences create a substantial backlog of work. This group of individuals works very hard daily to keep our community clean and safe.

A law enforcement officer is legally allowed to remove homeless individuals during an encampment abatement. Code Compliance Officers do not have this authority. Law enforcement’s response may take one to three hours, if at all. At times, the Code Compliance Officers must reschedule an encampment abatement due to no response from law enforcement, which incurs additional expenses. The lack of timely law enforcement assistance hampers the overall effectiveness of the Code Compliance Division.

Safety Standard Policy requires Code Compliance Officers to request the presence of law enforcement for assistance. Law Enforcement considers abatement a low priority.

The authoritative presence of law enforcement makes abatements much faster and less risky.

Code Compliance Safety Standard does not require officers to carry oleoresin capsicum pepper spray, which would be beneficial in threatening situations.

According to Flood Ministries, a non-profit organization which partners with Code Compliance, it takes an average of 17 contacts with an organization before a citizen accepts shelter. The most common reasons for refusing assistance are referred to as the 3Ps: Possessions, Pets, and Partners. These factors exacerbate the abatement process.

The Code Enforcement Officer Safety Foundation recommends the following Personal Protective Equipment for all Code Compliance Officers. However, it would be beneficial to utilize some, if not all, of the items listed below: 1. Radios-Preferably to local Police or Sheriff Office with access to a monitored dispatch system. 2. Body Armor- Level IIIa+ either concealable under the clothing or worn externally. 3. OC Spray (Pepper Spray) - Typically provided by the jurisdictions Police Department with training. 4. ASP Expandable (expandable baton) - Requires POST training class, but very helpful with general self-defense and animals. 5. Tactical Flashlight - Important for interior inspections or work at night. COMMENTS: Most residents have noticed that homeless are residing on streets, parks, under bridges, and in abandoned buildings that may be damaged by fire. Winter weather in Kern County is commonly referred to as “Fire Season” by Code Compliance due to fires set by homeless living in vacant buildings. According to the Kern County Fire Department, over 40% of structure fires are started by homeless individuals. One study by Boston Health Care for the Homeless Program showed the average life expectancy in the homeless population is estimated between 42-52 years. Often the first step to moving homeless individuals into a shelter is a Code Compliance Officer who is working on a complaint. The focus is to clean up the encampment and possibly find housing for that individual. Unfortunately, many homeless do not choose to go to a shelter, because of the rules that must be followed. Some refer to shelters as “soft incarceration.” In 2021, a Kern County ordinance was passed requiring officers to offer shelter to individuals that are living in encampments on public property. Although it is not required on private property, Code Compliance Officers will contact other organizations such as Flood Ministries, Behavioral Health, and Veterans Affairs, to inform them of homeless encampment abatements, hoping they will accept shelter. The 2022-2023 Grand Jury would like to thank the entire County of Kern Public Works Department, Code Compliance Division, and Kern County Sheriff’s Office for their time, expertise, and hospitality.