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Regular-Community Services # 37.
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| Board of Supervisors |
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| Subject |
| Introduce by title only, waive first reading, and receive public comment on a proposed ordinance repealing and replacing Title 1, Chapter 5 of the Yolo County Code of Ordinances regarding administrative citations and code enforcement, and continue to the September 29, 2020 Board of Supervisors meeting for a second reading and adoption. (No general fund impact) (Echiburu/Lindbo) |
| Recommended Action |
| Introduce by title only, waive first reading, and receive public comment on a proposed ordinance repealing and replacing Title 1, Chapter 5 of the Yolo County Code of Ordinances regarding administrative citations and code enforcement, and continue to the September 29, 2020 Board of Supervisors meeting for a second reading and adoption. |
| Strategic Plan Goal(s) |
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Safe Communities |
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| Reason for Recommended Action/Background |
The enforcement of the County Code is an important public service and is vital to the protection of the public's health, safety and quality of life. An effective code enforcement ordinance is one that can be applied fairly and efficiently through progressive levels of noticing and enforcement; with the flexibility to apply greater levels of enforcement, such as notices of violation, administrative citations, fines, penalties, and hearings, where appropriate.
The proposed ordinance modernizes the current Administrative Citations ordinance which is used by county code enforcement officers to address violations of county code. For minor violations the proposed ordinance will operate in the same manner as the current ordinance does today. In these instances, a courtesy notice will typically be issued and the violator is given an opportunity to correct the violations (usually 15 to 30 days) before any further action is taken. Additionally, for repeat violations, the proposed ordinance would be applied in the same manner, with progressive steps to reach compliance.
However in situations where violations are egregious, the proposed ordinance would provide additional tools. Our existing County Code on Administrative Citations does not provide efficient or effective tools to reach compliance when there is an immediate threat to health and safety. The biggest obstacle is the procedural requirement for the issuance of a courtesy notice without the ability to assess fines or fees, no matter how egregious the violation. This has become problematic in the past two years with violations ranging from extreme fire hazards to illegal dwellings and dangerous buildings. In these extreme situations, where, for example, there is immediate risk to life and safety, the existing ordinance does not allow immediate imposition of fines and fees, hindering efficient, effective and immediate enforcement abilities. In these immediate public health and safety threats, the proposed ordinance provides a streamlined approach to elevate the enforcement beyond the courtesy notice level and immediately to the level of a notice of violation or administrative citation and fines and penalties can be charged at an earlier stage.
The proposed ordinance has several other procedural and substantive changes. Most significantly, the proposed ordinance assures consistency with state law and clarifies the hearing and appeal process. It also describes the collection methods for fines and penalties more clearly.
The table below summarizes the major differences between the existing ordinance and the proposed ordinance.
| Comparison of Current Code Enforcement Ordinance to Proposed Ordinance |
| Topic and/or section |
Current Ordinance |
Proposed Ordinance |
| Definitions, Section 1-5.02 |
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Expands on definitions of terms to provide more clarity and specificity; modernizes terms |
| Authority, Section 1-5.03 |
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Clarifies authority to use civil remedies provided in other laws; adds enforcement authority in situations where someone is resisting, delaying or obstructing the duties of the enforcement officer or hearing officer. Also addresses situations when false information is provided. |
| Violation, Section 1-5.04 |
Requires notices and warnings as first steps that delay effective enforcement where there are immediate threat to health and safety. |
Makes the courtesy notice stage optional, allowing enforcement by Notice of Violation, Administrative Citation, Stop Work Order or other tool to immediately address the situation and reduce the risk of health and safety where warranted. |
| Fines and Fees |
Costs and expenses for enforcement action may be recovered. Fines for Administrative Citations provided in government code Section 25132 are imposed if prosecuted as an infraction (generally $100 for the first violation, $200 for the second, and $500 thereafter). (Section 1-5.14) |
All county costs may be recovered, sets a maximum administrative fine of $1,000 per day, though most administrative fines will be assessed as provided in Government Code Section 25132 if prosecuted as an infraction. (Section 1-5.07 (f) and (h))
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| Hearing Procedure |
For comparison, see Sections 1-5.10 and 1-5.11 |
Clarifies the hearing procedure and process (Sections 1-5.06 and 1-5.10) |
| Collections |
Refers to small claims court, and placing liens on property, however the procedure is not clear (Section 1-5.12) |
Establishes a clearer approach and flexible tools for collection of fines and fees, including late fees, lien or special assessment. (Section 1-5.07 (i)(j)(k) and Sections 1-5.11 through 1-5.14) |
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| Collaborations (including Board advisory groups and external partner agencies) |
| The Department of Community Services worked with County Counsel in developing the ordinance. |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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Explanation (Expenditure and/or Revenue) |
| Further explanation as needed: |
| The code enforcement program is generally funded through General Funds, and costs are recovered through fines and fees where possible and warranted. The recommended action does not result in additional costs. To the contrary, it might help to increase efficiency and reduce costs through more efficient enforcement tools. |
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