San Joaquin County Grand Jury
• 2017-2018
San Joaquin County Grand Jury Code Enforcement Departments of San Joaquin County 2017-2018 Case No. 0117
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 23 findings
F1
1 Escalon is still experiencing budget and staffing reductions created by the housing crash in 2008. The resulting level of enforcement is reactive, which allows blight and safety issues to continue.
Related Recommendations (2)
R1
1 Escalon explore budget options to restore the code enforcement officer position and consider using volunteers to increase code enforcement compliance. 2.0 City of Lodi Lodi has a population of approximately 65,000. The code enforcement department has one full-time code enforcement officer who works under the direction of the Lodi Police Department. The department is complaint-driven, accepts anonymous complaints, and an appeals process exists to resolve contested non-compliance disputes. The code enforcement department responds to issues involving portable basketball hoops in city streets, trash or debris, weed abatement, vehicles parking on residential lawns, and the homeless trespassing on private property. Lodi estimates its homeless population to be 100-150. The amount of trash, debris, and human waste generated by them has been growing. The city expects the population to steadily increase over time and has increased referrals to assistance organizations in an effort to keep pace with the demand for services. The Lodi Police Department recently started using senior volunteers to place door hanger violation noti- fications at all residences reported to be in violation. According to police department statistics, the door hanger notices are responsible for generating a 62% level of voluntary compliance.
R2
1 Explore budget options and grant funding to improve code enforcement.
F2
1 The City of Lodi is still experiencing budget and staffing reductions created by the housing crash in 2008 but is using senior volunteers to deliver notices of code violations, resulting in a voluntary compli- ance rate of 62%.
Related Recommendations (1)
R2
1 Explore budget options and grant funding to improve code enforcement.
F3
1 Manteca is still experiencing budget and staffing reductions created by the housing crash in 2008. The resulting level of enforcement is reactive, which allows blight and safety issues to continue.
Related Recommendations (2)
R2
1 Explore budget options and grant funding to improve code enforcement.
R3
1 Manteca explore budget options to restore the code enforcement officer position and consider us- ing volunteers to increase code enforcement compliance. 4.0 The City of Ripon Ripon has a population of approximately 15,000. Code enforcement duties are managed by the Ripon Police Department and handled by a Ripon Police Department Community Service Officer (CSO). The CSO dedicates approximately 25% of her assigned duty time to code enforcement issues which include trash and debris, weed abatement, and abandoned automobiles. Code enforcement responses are com- plaint-driven and the department accepts anonymous complaints. An appeals process exists to resolve contested non-compliance disputes.
F4
1 Ripon is still experiencing budget and staffing reductions created by the housing crash in 2008. The resulting level of enforcement is reactive, which allows blight and safety issues to continue. Current staffing levels require that one employee perform multiple duties including code enforcement, animal control, part-time communications dispatch, and other duties as assigned.
Related Recommendations (2)
R2
1 Explore budget options and grant funding to improve code enforcement.
R4
1 Ripon explore budget options to restore the code enforcement officer position and consider using volunteers to increase code enforcement compliance. 5.0 City of Tracy Tracy has a population of approximately 90,000. The code enforcement department consists of one code enforcement manager and four code enforcement officers. The department is complaint-driven and accepts anonymous complaints. The department primarily focuses on structural inspections, building code enforcement, state housing law enforcement, illegal dumping, illegal signage, graffiti abatement, zoning law enforcement, unauthorized use of motorhomes as primary living spaces, and abandoned shopping carts. In an effort to keep pace with the level of incoming complaints, the department has implemented a pro- active measure of using available media to distribute public information and educational materials in an effort to heighten awareness and generate voluntary compliance. An appeals process exists to resolve contested non-compliance disputes.
F5
1 Tracy is still experiencing budget and staffing reductions created by the housing crash in 2008. The resulting level of enforcement is reactive, which allows blight and safety issues to continue.
Related Recommendations (2)
R2
1 Explore budget options and grant funding to improve code enforcement.
R5
1 Tracy explore budget options to restore the code enforcement officer position and consider using volunteers to increase code enforcement compliance. 6 6.0 Community of Mountain House The community of Mountain House has a population of approximately 20,000. Mountain House is a planned community that operates within its own special district. Unlike other communities in San Joaquin County, Mountain House relies on governing documents such as CC&R’s (Covenants, Condi- tions and Restrictions) as well as established homeowner rules and regulations to generate compliance and reduce the need for code enforcement. As a result, code enforcement calls and responses are limited due to the level of voluntary compliance generated by the community’s master plan governing docu- ments. There is one full-time administrative employee assigned to work part-time on code enforcement. Code enforcement is complaint-driven, and the community accepts anonymous complaints. A modified appeals process conforms to the existing CC&Rs and rules and regulations. Mountain House is experiencing an increase in illegal dumping many believe is due to the community’s proximity to the freeway interchange along I-205.
F6
1 Mountain House is still experiencing budget and staffing reductions created by the housing crash in 2008. The resulting level of enforcement is reactive, which allows blight and safety issues to continue.
Related Recommendations (2)
R2
1 Explore budget options and grant funding to improve code enforcement.
R6
1 Mountain House explore budget options to restore the code enforcement officer position and con- sider using volunteers to increase code enforcement compliance. 7.0 City of Lathrop Lathrop has a population of approximately 22,000. The code enforcement department consists of one code enforcement supervisor (approximately 30 hours per week) and one vacant position for code en- forcement officer. (This position has been budgeted but remains unfilled). Code enforcement duties are supplemented by one full-time building inspector working on a part-time basis. Lathrop has used a vari- ety of private contractors as code enforcement officers on a full or part-time basis. The most recent code enforcement contractor did not meet the qualifications of a code enforcement officer according to the posted job description and was later elevated to the position of code enforcement supervisor. Lathrop has also been reluctant to enforce a long-standing problem regarding the illegal parking of commercial trucks in undeveloped areas and areas not properly zoned for such activity. Citizen complaints have brought this issue to light. City administrators claim that enforcement of the illegal truck parking issue would create a financial hardship for the truck drivers and property owners involved. The code enforcement department is complaint-driven and also accepts anonymous complaints. It deals primarily with trash and debris, weed abatement, abandoned automobiles, and the illegal parking of commercial trucks. At the time of this report, an appeals process does not exist to resolve contested non-compliance disputes. Lathrop has experienced a high turnover rate among employees in key positions. In the last six years, there have been four public works directors as well as vacancies in the city engineering department, the building department, and the personnel department. The current city manager was originally hired as a public works director before being elevated to the position of city manager and has served as interim public works director. Lathrop has taken limited enforcement action regarding illegal commercial truck parking and has shown no signs of eliminating the problem. The lack of an appeals process contributes to this problem.
F7
1 Lathrop has taken limited code enforcement ac- tion toward the illegal parking of commercial trucks and failed to resolve the problem for approximately six years, allowing blight and public safety issues to re- main.
Related Recommendations (2)
R2
1 Explore budget options and grant funding to improve code enforcement.
R7
1 Lathrop take consistent code enforcement action on the illegal parking of commercial trucks.
F8
1 The county actively pursues the illegal parking of commercial trucks in unincorporated areas but, due to the large amount of undeveloped land, it is difficult to enforce the code. This has led to com- plaints.
Related Recommendations (2)
R2
1 Explore budget options and grant funding to improve code enforcement.
R8
1 San Joaquin County continue to expand its enforcement efforts to prohibit illegal commercial truck parking. 9.0 City of Stockton The City of Stockton has a population of approximately 315,000. The Stockton Code Enforcement De- partment operates under the neighborhood services section of the Stockton Police Department. The code enforcement department is staffed by 44 full-time employees, 26 of them certified code enforce- ment officers. The code enforcement department is both proactive and complaint-driven. It responds to a variety of code enforcement violations including unsafe, unhealthy, or unsightly conditions in homes or neighbor- hoods, enforcing building, vehicle, and housing codes. The Stockton Code Enforcement Department also provides enforcement for unsecured and vacant properties, dangerous buildings, illegal dumping, overgrown vacant lots, graffiti, and abandoned or junked automobiles. One serious current issue in- volves trash and debris generated by the homeless population. An appeals process exists to resolve contested non-compliance disputes, and the code enforcement department is currently trying to expand the number of hearing officers. They are generally volunteer attorneys. The neighborhood blitz team is a positive example of a proactive approach to code enforcement issues. The department identifies specific geographic areas in Stockton that are struggling with blight and high crime. Code enforcement officers and uniformed police officers address overall health and safety issues in the neighborhood by employing neighborhood services, code enforcement strategies, contemporary community policing practices, and active citizen engagement to develop and implement improvement plans. The code enforcement department recently obtained a grant to begin enforcing waterway-related issues such as blight and abandoned boats.
F9
1 Stockton has moved the code enforcement department into a section of the Stockton Police De- partment. This enables a response team to quickly address areas riddled with crime and blight.
No recommendations for this finding
F1.1
Escalon is still experiencing budget and staffing reductions created by the housing crash in 2008. The resulting level of enforcement is reactive, which allows blight and safety issues to continue.
No recommendations for this finding
F2.1
The City of Lodi is still experiencing budget and staffing reductions created by the housing crash in 2008 but is using senior volunteers to deliver notices of code violations, resulting in a voluntary compli- ance rate of 62%.
No recommendations for this finding
F2.2
The homeless population continues to grow and creates increased blight and health hazards.
No recommendations for this finding
F3.1
Manteca is still experiencing budget and staffing reductions created by the housing crash in 2008. The resulting level of enforcement is reactive, which allows blight and safety issues to continue.
No recommendations for this finding
F4.1
Ripon is still experiencing budget and staffing reductions created by the housing crash in 2008. The resulting level of enforcement is reactive, which allows blight and safety issues to continue. Current staffing levels require that one employee perform multiple duties including code enforcement, animal control, part-time communications dispatch, and other duties as assigned.
No recommendations for this finding
F5.1
Tracy is still experiencing budget and staffing reductions created by the housing crash in 2008. The resulting level of enforcement is reactive, which allows blight and safety issues to continue.
No recommendations for this finding
F6.1
Mountain House is still experiencing budget and staffing reductions created by the housing crash in 2008. The resulting level of enforcement is reactive, which allows blight and safety issues to continue.
No recommendations for this finding
F7.1
Lathrop has taken limited code enforcement ac- tion toward the illegal parking of commercial trucks and failed to resolve the problem for approximately six years, allowing blight and public safety issues to re- main.
No recommendations for this finding
F7.3
Lathrop has no consistent appeals process that could be used to resolve the truck parking issue, caus- ing the issue to persist.
No recommendations for this finding
F8.1
The county actively pursues the illegal parking of commercial trucks in unincorporated areas but, due to the large amount of undeveloped land, it is difficult to enforce the code. This has led to com- plaints.
No recommendations for this finding
F9.1
Stockton has moved the code enforcement department into a section of the Stockton Police De- partment. This enables a response team to quickly address areas riddled with crime and blight.
No recommendations for this finding
F9.2
Stockton has implemented a number of proactive code enforcement programs that respond to code violations with a neighborhood focus. Conclusion It is apparent there is a direct correlation between tax revenue and public agency staffing levels. The difficulty for most code enforcement departments will be trying to find the balance between budget con- straints and current and future community demands. The lingering effects of the housing crisis, Stock- ton’s bankruptcy, and increasing numbers of homeless have taxed code enforcement agencies through- out the county. Stockton and Lodi have pioneered innovative programs to increase services. Code en- forcement continues to be a challenge throughout the county, and continues to outpace the resources available. However, the Grand Jury commends most communities in the county for doing their best to meet the needs of their citizens. Disclaimers Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished wit- nesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911. 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Sections 924.2 and 929). Response Requirements California Penal Code Sections 933 and 933.05 require that specific responses to all findings and
No recommendations for this finding
F7.2.1
Lathrop has a vacant budgeted position for code enforcement officer that city officials will not fill at this time. This has exacerbated the illegal truck parking is- sue.
No recommendations for this finding
F7.2.2
The city has not consistently hired qualified code enforcement officers. This contributes to the lack of reliable code enforcement.
No recommendations for this finding
Conclusions 1
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CL1It is apparent there is a direct correlation between tax revenue and public agency staffing levels. The difficulty for most code enforcement departments will be trying to find the balance between budget con- straints and current and future community demands. The lingering effects of the housing crisis, Stock- ton’s bankruptcy, and increasing numbers of homeless have taxed code enforcement agencies through- out the county. Stockton and Lodi have pioneered innovative programs to increase services. Code en- forcement continues to be a challenge throughout the county, and continues to outpace the resources available. However, the Grand Jury commends most communities in the county for doing their best to meet the needs of their citizens. Disclaimers Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished wit- nesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911. 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Sections 924.2 and 929). 10 Response Requirements California Penal Code Sections 933 and 933.05 require that specific responses to all findings and recommendations contained in this report be submitted to the Presiding Judge of the San Joaquin County Superior Court within 90 days of receipt of the report. The Escalon City Council shall respond to the applicable findings and recommendations in Section 1.0. The Lodi City Council shall respond to the applicable findings and recommendations in Section 2.0. The Manteca City Council shall respond to the applicable findings and recommendations in Section 3.0. The Ripon City Council shall respond to the applicable findings and recommendations in Section 4.0 The Tracy City Council shall respond to the applicable findings and recommendations in Section 5.0. The Mountain House Board of Directors shall respond to the applicable findings and recommendations in Section 6.0. The Lathrop City Council shall respond to the applicable findings and recommendations in Section 7.0. The San Joaquin County Board of Supervisors shall respond to the applicable findings and recommenda- tions in Section 8.0. The Stockton City Council shall respond to the applicable findings and recommendations in Section 9.0. Please mail or hand deliver a hard copy of the response to: Honorable Linda L. Lofthus, Presiding Judge Superior Court of California, County of San Joaquin 180 East Weber Avenue, Suite 1306J Stockton, CA 95202 Also, please email the response to Ms. Trisa Martinez, Staff Secretary to the Grand Jury at grandjury@sjcourts.org 11
Agency Responses 1
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.