Sonoma County Grand Jury • 2003-2004

Permit and Resource Management Department

4 pages
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Findings and Recommendations 4 findings

F1
There is a substantial backlog of unresolved code enforcement cases. With a continually increasing number of alleged violations, PRMD is unable to keep the backlog from growing, or reduce the number of active cases. During 2001 enforcement staff resolved 2241 cases, but an unprecedented 2237 new complaints were received. As of March, 2002, there were just under 4900 unresolved cases. The backlog has been growing again, and is expected to reach 5000 by July 1, 2002.
Related Recommendations (1)
R1
The Board of Supervisors should significantly increase penalties for code violations to discourage bypassing the permit process.
F2
Code enforcement cases are sorted into 32 categories. Almost half of the cases are classified as “construction without a permit.” The second largest category is “grading without a permit,” a category that has grown in recent years because of new regulations.
Related Recommendations (1)
R2
The Board of Supervisors should, despite budget constraints, approve additional positions in code enforcement to reduce the number of active cases. The cost of the increased support for code enforcement could be partially covered by a higher penalty fee structure.
F3
There are many reasons for the large backlog, including an increased number of construction projects, and, with an increasing population density, more potential conflicts among 37 neighbors. In addition to such unavoidable reasons for an increase in code enforcement problems, the Grand Jury has identified four that seem to be addressable. Specifically: a. There is increased reluctance by property owners to apply for permits and conform to existing regulations. They often believe that it is less expensive and time consuming to proceed without permits, and to take a chance on being caught and paying a small fine, rather than to follow the legal procedure. Current penalties and fines are too low to encourage compliance. These penalties are set by the Board of Supervisors. b. Avoidance of the proper permit procedure is often encouraged by some contractors and builders who, eager to get the job, mislead their customers by assuring them that a permit is not required. Although the state is the only agency that can revoke or suspend a contractor’s license it does not have staff to investigate violations. c. PRMD has identified a need for two more code enforcement inspectors and a dedicated member of County Counsel staff in order to reduce the number of active cases. d. Anonymous complaints are accepted and acted upon. Complainants are often reluctant to be identified; because of this, PRMD is unable to follow up and get more information from the complainant making resolution of the case more difficult. RESPONSE TO ZUCKER REPORT AND GRAND JURY RECOMMENDATIONS
Related Recommendations (1)
R3
County Counsel should provide dedicated staff to expedite litigation of code enforcement cases.
F4
PRMD is currently working to implement the recommendations of the Zucker Report and previous Grand Juries. Several of the more important recommendations have been completed. Conclusions The code enforcement process needs greater attention. The backlog of active cases is far too great but, more importantly, the process is not effective in achieving code conformance. The permit process is too easily bypassed with little or no penalty to the property owner or the builder. Steps need to be taken to encourage compliance. The county is making meaningful progress in implementing the recommendations of the Zucker Report and previous Grand Juries. 38
Related Recommendations (1)
R4
To discourage builders from regularly bypassing the permit process in the absence of strict enforcement at the state level, the Board of Supervisors should consider some innovative approaches such as: a. Require PRMD to track and keep records of builders who fail to comply with the permit process and publicize a list of repeat violators. b. Prohibit repeat violators from consideration for public work projects. c. Publicize the outcome of cases decided in litigation so that the public is aware of the consequences of violations.

Additional Recommendations 2

These recommendations are not explicitly linked to specific findings.

Conclusions 1

No Responses Found 2

Government entities assigned to respond to this report. No response documents have been linked in our database.

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