Code Enforcement – City of Napa

The Grand Jury found no evidence that the CEO and the Fire Department’s activities pertaining to the CEO were negligent in performing their duties. BACKGROUND The CEO handles the building codes, smoking ordinances, and noise ordinances for commercial and construction activity. The CEO works in conjunction with the Fire Department and Police Department. The jurisdiction for code enforcement is private property and businesses located within the City of Napa. The CEO works on complaints only. The average complaint results in a letter being sent to the violator and this takes 15 to 30 days. Additional staffing and a larger facility are necessary to expedite this process. As of now, there is one full-time assistant and one part-time retired California Highway Patrol Officer who works 3 ½ days a week. The CEO strictly follows the Code Manual, which is updated at different times. But when it comes to enforcing fines due to violations, the CEO takes into account that not all violators have the financial means to pay the fines. A financial plan is worked out for the violator. The fees are adjusted annually. On the “smoking ordinance,” violators receive a courtesy letter with guidelines. If the smoking ordinance is not posted, the CEO will turn the situation over to Cal OSHA and there could be a fine imposed on the establishment owner. Fees collected from inspections go back to the City of Napa for inspection costs and other time incurred expenses. If a violation is found while inspecting a business, the business owner is given the opportunity to fix the violation. The business will be inspected again at no charge and at that time, if the violation has not been corrected, a third inspection is scheduled, but there is a charge. If the violation has not been corrected, the business owner can be fined $1000 per day until the violation has been corrected. A complaint regarding a vehicle that had not been moved for seven months was referred to the City Police Department. The situation has been corrected. An ordinance is being reviewed now that would make it illegal to have a boat, trailer, or motor home parked on any public street for more than 72 hours. The following fees were collected as fines in the year 2000-2001 and are paid into the General Fund: Code Enforcement Violations $2,150.44 Weed Abatement Program $9,575.43 PROCEDURES The Grand Jury interviewed the following officials: Fire Marshal Code Enforcement Officer Employees of the Fire Department Chief of Police City Manager The Grand Jury reviewed the following published reports regarding code enforcement and the Fire Department: City of Napa – Logs of Maintenance Violations City of Napa Complaint Guidelines –1999 Finding l The Code Enforcement Section of the Fire Department is understaffed, underfunded and has inadequate office space.

At the time of the Grand Jury inquiry, the Code Enforcement Department had a backlog of 52 complaints.

There are insufficient funds raised from fines to pay for the cost of code enforcement.