County Code Enforcement – a Continuing Concern

Recommendations 21

• R1
  The Board should direct staff to consolidate the Code Compliance Division with the Building Department. The recommendation will not be implemented. The Code Compliance Division is responsible for compliance activities for all County codes enforced by the various Departments within the Community Development Agency. Many of the most complex cases that Code deals with stem from Chapter H of the Land Use and Development Code (Zoning Ordinance). These zoning matters fall under the Planning Department where the Code Compliance Division is currently housed. Although a significant number of cases do involve Building Code violations these cases also typically involve Zoning Ordinance and/or Health Code violations as well. Code staff works primarily with the Planning Department, Environmental Health Department and Building Department with the CDA. Outside of this agency. Code staff works with Child Protective Services and the Sheriff's Department as necessary. No foreseeable advantage would be gained by shifting the Code Compliance Division to the Building Department.
• R2
  The Board should modify its philosophy to emphasize enforcement over voluntary compliance. The recommendation will not be implemented. One of the three "Priority A" objectives adopted by the Board of Supervisors for 2009 was, "Enable Code Enforcement division to enforce compliance violations and achieve faster results and cost recovery." This is an indication of the Board of Supervisors' support for a strong and effective code compliance program. The Board has determined, however, that when progress is being made toward voluntary compliance, the use of vigorous enforcement methods often serves to stop progress and divert funds of the property owner from mitigating the violations to paying fines.
• R3
  The Board should direct staff to give greater urgency to the implementation of the existing Nuisance Abatement Ordinance. The recommendation has been implemented. One of the three "Priority A" objectives for 2009 adopted by the Board of Supervisors was, "Enable Code Enforcement division to enforce compliance violations and achieve faster results and cost recovery." Code has been given clear direction to implement the provisions of the County's nuisance abatement process. Code Compliance staff has now successfully completed the first Nuisance Abatement hearing utilizing a new protocol. Based on this successful case each Code Compliance officer has been assigned a case to carry though the nuisance abatement process.
• R4
  The Board should also direct staff to develop a plan for the approval and implementation of the proposed Administrative Citation Ordinance. This plan should include dates that can be tracked. The recommendation has not yet been implemented, but will be implemented within the year. Code Compliance staff and County Counsel are working to develop an Administrative Citation Ordinance for Nevada County. This process has included reviewing the best practices of other jurisdictions and working to draft an ordinance that outlines a process that will be fair to property owners while also protecting the rights of the County.
• R5
  The Board should direct staff to revise the Procedural Guidelines of the Code Compliance Department to clearly state that Code cases resulting in permits shall not be closed until the final inspection(s) on the permit(s) are completed and all fines and fees collected.
• R6
  The Board should direct Building to issue limited-term permits in all cases in which a Code case involving dangerous, substandard or illegal conditions led to the permit application. This recommendation has been implemented. The Building Official has the authority to issue building permits with specific, limited-term. time frames in cases involving dangerous structures. In consultation with Code Compliance staff, the Building Official will exercise this authority.
• R7
  The Board should direct Building to follow up to close existing permits initiated because of a code violation. This recommendation will not be implemented. While the Building Department plays a role in tracking building permits issued on properties with Code cases, the Code Compliance Division has been tasked with monitoring these cases.
• R8
  The Board should direct Building to routinely charge double inspection fees for permits resulting from Code actions. This recommendation will not be implemented. The Board does not support a blanket direction to the Building Official to impose double inspection fees in all cases. Where it is determined that waiving the double inspection fees is likely to lead to timely compliance and the case being closed, ultimately saving the County money by no longer requiring ongoing inspections, the double inspection fees may be waived by the Building Official in consultation with Code Compliance staff.
• R9
  The Board should direct staff to find a means of limiting the number of permit renewals or extensions. - This recommendation has been implemented. The Building Official has the authority to issue building permits with specific, limited-term, time frames in cases involving dangerous structures. In consultation with Code Compliance staff, the Building Official will exercise this authority.
• R10
  Three churches serve food prepared by volunteers: St. Patrick's Church
• R11
  Details on time and location are available at the Hospitality House Welcome Center.
• R12
  The Salvation Army provides shelter at the Booth Center for nine families for up to 180 days. They currently have a waiting list.
• R13
  The Emergency Assistance Coalition provides vouchers for shelter, gasoline and/or food. Their goal is to provide short-term assistance.
• R14
  In the first case that brought this matter to the Jury's attention, there was already a multi-year history of attempts to resolve the issues through both an informal process and formal complaints to Code. Partially disagree. Specific information regarding the "...first case that brought this matter to the Jury's attention" is not revealed in the Grand Jury report. However, there are code compliance cases of record which have multi-year histories of attempts to resolve issues through formal complaints.
• R15
  The Town of Truckee does not have a shelter for its homeless population.
• R16
  Hospitality House receives guests at the Welcome Center where they are screened for security assurance, health conditions, sobriety, and police record check. The following services are provided year-round at the Welcome Center: a. Lunch five days a week b. Showers and laundry facilities c. Information referral
• R17
  One of the outstanding violations in the first case was a safety issue of such importance that the property owner had been ordered by both Code and Building to not allow public use until it was corrected. Partially disagree. Specific information regarding the "...first case that brought this matter to the Jury's attention" is not revealed in the Grand Jury report. However, where circumstances exist which constitute a clear danger to health and safety, the Building Official will order that a structure not be occupied until violations have been corrected.
• R18
  The property owner in the first case continued to allow public use of this building on a regular basis, in defiance of the above order. This was verified by Jury members, on site. Partially disagree. Specific information regarding the "...first case that brought this matter to the Jury's attention" is not revealed in the Grand Jury report. However, there are code compliance cases of record where a property owner or business operator has allowed continued public uses of a building or facility in defiance of a "cease and desist" issued by Code Compliance staff.
• R19
  Since the Jury investigation began, all outstanding permits on the property involved have been closed with a final inspection, except for one. This remaining permit, open since 2003, is a subject of the original complaint to the Jury. The work required for the permit has not yet been completed. Partially disagree. Specific information regarding "...the property involved..." is not revealed in the Grand Jury report. There are, however, examples of building permits which were issued in 2003 that have yet to be finaled. Some of those permits have been cancelled, while others have been extended and are still considered to be active. . HEALTH and ENVIRONMENT 440 Helping Hands for the Homeless/Needy in Nevada County
• R21
  The Nevada County Department of Social Services publishes a directory of organizations one can go to for support. The pamphlet is called Nevada County Community Resource Directory and is available at local libraries and online at www.Dial211.com.
• R22
  During the months when shelter is not available, many homeless shelter in communal camps in high fire hazard areas. Conclusions