Riverside County Grand Jury • 2000-2001 • Agency Response

Submittal to the Board of Supervisors County of Riverside;.gtp;te of California

Published: April 03, 2001 13 pages
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Findings and Recommendations 13 findings

F1
Health and safety being the primary goal, one member of the Task Force must have the responsibility for prioritizing the 321 parks by a visual walk through inspection so the Task Force Inspectors are made aware of the critical properties that need immediate af fe n tion. Response to 2001 Grand Jury Report RESPONSE: P -X The recommendation has been implemented. Provide a summary regarding the implemented action: This role, as provided for by State law, belongs to HCD whenever a park is deemed to qualify as employee housing. In all other cases this role is the responsibility of the local Building Official and his staff, the Department of Building and Safety. This recommended division of duties has been accomplished by the Task Force.
Related Recommendations (1)
R1
2. All agriculture trailer parks with 12 or fewer spaces should be considered Employee Housing and inspection should be the responsibility of HCD.
F2
No priority is placed on inspection schedules to determine facilities with the most critical safety and health violations. RESPONSE: -X Respondent disagrees wholly with the finding. Explain the disagreement: Code Enforcement has always prioritized complaints as potentially life threatening, non-life threatening but affecting a larger segment of the local community, or as routine. The highest priority has been placed on those matters determined to be "life threatening." Currently we are inspecting the identified parks in a geographically based systematic manner. As inspections reveal dangerous and exigent circumstances they are dealt with immediately. Nan-life ,threatening conditions are noted and catalogued. Response to 2001 Grand Jury Report FINDING: . '
Related Recommendations (1)
R2
3. Clearly define to those owners what procedures are necessary to bring their noncompliant property up to code and what help is available to assist them in achieving compliance.
F3
The Task Force is led by County Code Enforcement and includes representatives of the State of California Department of Housing and Community Development (HCD), and the California Rural Legal Association (CRLA). RESPONSE: X Respondent agrees with the finding. FINDING:
Related Recommendations (1)
R3
4. The HCD inspector should be the lead member of the Task Force with the County Code Enforcement supervising and issuing necessary citations. Violation standards should be agreed on by both agencies. Response to 2001 Grand Jury Report
F4
If the facilities house fewer than five employees, the responsibility for inspection and supervision belongs to County Code Enforcement and does not qualify as employee housing. If the facility is found to have five or more employees, inspection is performed by both HCD and County Code Enforcement. Both agencies then create a separate report. The parks that have more than 12 spaces and house a large percentage of farm workers are excluded from this program. The exempt privileges and loan opportunities are not afforded to them. This creates a different standard for inspection and permitting. /-' RESPONSE: -X Respondent agrees with the finding. Note: this point requires further clarification. The larger parks (those that have more than twelve spaces) are not exempt from zoning requirements, but they are still eligible for the loan program. While it is true that both agencies (HCD and County Code Enforcement) prepare separate and distinct reports, this is necessary due to the possible changing status of the facility (i.e. err~ployee housing to mobile home park or vice versa). We disagree with the statement that parks that have twelve or more spaces are excluded from the program, as mentioned above. FINDING:
Related Recommendations (1)
R4
5. Written reports to be the responsibility of HCD with copies to County Code Enforcement. -X The recommendation will not be implemented because it is not warranted or is not reasonable. Explain: Each jurisdiction has separate authorities to report to and legal remedies. Building and Safety encourages close coordination between jurisdictions; according to the proposed Policies and Procedures for the Task Force, information obtained by one member is to be shared with other Task Force members.
F5
Enforcement is slowed or stopped when an owner expresses intent to comply and/ or begins the loan process. RESPONSE: -X Respondent agrees with the finding Response to 2001 Grand Jury Report FINDING: P
Related Recommendations (1)
R5
6. Initiate a system that would require all data to be recorded in a computer program and shared by the entire Task Force.
F6
Eviction is not considered due to the lack of facilities in which to house the displaced persons. RESPONSE: -X Respondent disagrees wholly with the finding. Explain the disagreement: Code Enforcement undertakes the appropriate response for exigent conditions up to and including displacing and relocating. The preference is to shelter in place and to effect the necessary repairs. The task force is currently working with various agencies to provide temporary housing. FINDING:
Related Recommendations (1)
R6
7. Immediate provisions should be made to relocate persons living in facilities found to have "A" violations (life and health threatening) until these violations have been corrected. If county or state housing is unavailable in the area, then some arrangement should be made for reasonable housing with the private sector (hotel, motel, etc.). Response to 2001 Grand Jury Report
F7
Violations that present imminent health and safety threats to the residents or the general public are known as "A" violations and must be corrected within three days. RESPONSE: -X Respondent disagrees wholly with the finding. Explain the disagreement: Code Enforcement will take all necessary actions required to abate a life threatening (exigent) condition from the time they are made aware of that condition and before they leave for the day. If necessary, they seek assistance in the relocation of the affected families. If the conditions are a serious violation but not life threatening, a three or five day notice will be issued. The " A classification is confusing and not used by County Code Enforcement FINDING:
Related Recommendations (1)
R7
8. Designate a Code Enforcement Inspector whose primary responsibility must be a timely follow-up of all citations (ABB) to assure compliance within the specified time.
F8
For other deficiencies known as "B" violations, a 30 Day Notice will be issued to the park owner or the home owner after the park has been inspected. RESPONSE: -X Respondent disagrees partially with the finding. Explain the partial disagreement: The 30 day notice is known as a "Notice of Violation," which serves as the beginning of "due process." Code Enforcement does not use the " B classification as it is confusing. Response to 2001 Grand Jury Report FINDING: r-'
Related Recommendations (1)
R8
9. Appoint a representative from CRLA to follow up on all parks or individual homes to ensure that owners and tenants understand inspection procedures.
F9
The bilingual ombudsman, loan officer, and staff of the Economic Development Agency (EDA), Agricultural Housing Program provides loan application and other assistance to park and home owners in acquiring necessary funding to achieve compliance. RESPONSE: -X Respondent agrees with the finding. FINDING;
Related Recommendations (1)
R9
10. In cooperation with EDA, CRLA should coordinate and assist owners and tenants in acquiring financial assistance to bring their property into compliance.
F10
If the park operators or home owners demonstrate reasonable progress toward compliance, no further action will be pursued and no abatement costs will accrue. RESPONSE: -X Respondent agrees with 'the finding. FINDING: P I I. Failure to demonstrate reasonable progress within the allocated period of time will result in commencement of the abatement process. This will include notification to the County Counsel, HCD, County Building and Safety Department, and the community partners(e.g., CRLA, Catholic Charities). -X Respondent agrees with the finding.
Related Recommendations (1)
R10
11. Establish and maintain a program so applicants understand that the loan ,'- and compliance process is to be completed in a timely manner.
F11
Establish and maintain a program so applicants understand that the loan ,'- and compliance process is to be completed in a timely manner. RESPONSE: -X The recommendation has been implemented. Provide a summary regarding the implemented action: Established EDA policies and procedures require continued due diligence in achieving project completion. Should said required due diligence fail beyond established limits loan applications are withdrawn and TLMA is informed of such withdrawn status.
Related Recommendations (1)
R11
12. Limit the number of times extensions will be granted to loan applicants.
F12
Limit the number of times extensions will be granted to loan applicants. RESPONSE: -X The recommendation has been impleniented. Provide a summary regarding the implemented action: Established EDA policies and procedures limit a loan applicant's ability to extend the life of their loan application. Each loan applicant receives 11 Response to 2001 Grand Jury ~eportl a monthly status letter of file completion requirements and schedules an appointment with EDA staff requesting needed file documentation. After ./--- three (3) consecutive monthly status letters without expressed due diligence on behalf of the applicant, the file is withdrawn and County Code Enforcement is informed.
Related Recommendations (1)
R12
13. The EDA Ombudsman should update the Task Force at reasonable intervals as to the progress of all loan applications.
F13
The EDA Ombudsman should update the Task Force at reasonable intervals as to the progress of all loan applications. RESPONSE: X The recommendation has been implemented. Provide a summary regarding the implemented action: The EDA Ombudsman is a member and regl-~lapr articipant of both the Review Committee and Code Enforcement Task Force. Regular monthly communication and status of loan applications is given to each of the two (2) groups by the EDA Ombudsman. A significant amount of inter County departmental office communication is offered by all participating County departments including: TLMA, EDA, County Counsel and the Office of Supervisor Wilson.
No recommendations for this finding