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Home My WebLink AboutSS3 - Code Enforcement PresentationStudy Session Item No. SS3 July 12, 2011 Newport Beach Community Development Department rc"*A v Code Enforcement Division �EwPO\ O I� Presented by Matt Cosydion City of Newport Beach Presentation Outfir^n Current Code Enforcement Why some cases require an investigation Repeat violators Recommendations process extended Current Practice —Thp 15te► Step 5: Refer to City Attorney to pursue further enforcement action Step 4: (Total of 5 cites) Level 2: $zoo; Level 3 -5: $500 Step 3: 2nd NOV or Level n.: $1oo Step 2: NOV or Warning Step 1: Complaint Extended lnvestigation4 =Why? Nature of violation Zoning Use Permits Property Maintenance Investigative process Verifying violation exists Collection of Evidence Interview witnesses Field Observations Conduct Inspections Contacting the property owner /responsible party Extended lnvestigation4 =Why? Reasonable timeframe to comply Extent of violations Financial cost of making corrections Unique circumstances Code Enforcement priorities Unpermitted construction Long term tenants Financing E Before M Improve overall appearance of property Permanent resolution e G , 1." After "nqn{ ll Repeat Violators How extensive is the problem? Who are the repeat offenders? Recommendations L � `0 R Warning Notices (Verbal & Written) - 95% Citations- 5% zoio - Citation Breakdown The 5 %... 78% complied at Level 1 - ($1oo) 8% complied at Level z - ($200) 14% received Level 3+ ($500) Refer to City Attorney Current Practice —Thr6 Steps: Refer to City Attorney to pursue further enforcement action Step 4: (Total of 5 cites) Level 2: $200; Level 3 -5 $500 Step 3: 2nd NOV or Level 3.: $100 Step 2: NOV or Warning Step 1: Complaint Citations by Cateq�L' J6 24 %Zoning- Land Use (Illegal Dwellings, Group Homes, Medical Marijuana Dispensaries) 0 19% Use Permits E 18% General Nuisance (Property Maintenance, etc.) 17 %Zoning- General (Signs, Setbacks, etc.) 0 12% Other (Encroachments, Business License, etc.) 0 10 %Water Quality �r ^��►n uses &Repeat Violators Discretionary approvals Use permits Outdoor dining permits Development agreements Land uses in residential districts Illegal dwelling units Group residential uses Land uses in commercial districts Unpermitted uses Permitted use violating other municipal code sections I'm 0- c +P Fr'�Py Fury & Code Restaurants Strong clientele base Large profits Repeated violations Disregarded citations Recommendation Code enforcement personnel Hire one additional code enforcement officer Bringing staff up to 4 full time officers Create a Code Enforcement Volunteer Program Code Enforcement Supervisor Code Enforcement Code Enforcement Code Enforcement Officer Officer -Vacant Officer Recommn,ndatior Procedures for problem and /or repeat violators Bypass warning and issue administrative citation with corrective measures Issue separate citation for each municipal section violated Discretionary approvals Issue citations for each use permit condition violated Increase citations on violation of permit code Recommendation Procedure for problem and /or repeat violators (cont.) Issue citations on daily basis (if necessary) Refer cases to City Attorney after 4tn administrative citation Refer cases to OCA for repeat violators Recommendation Update NBMC Chapter 1.05- Reflect current enforcement practices Increase fines for administrative citations Option 1: Level 1- from $100 to $250 Level 2- from $200 to $500 Level 3- from $500 to $1,000 Option 2: Add Level 4- sl000 citation fine to current citation fees Recommendation Raise fines for specific NBMC sections to: Level 1- Up to $1,000 Level 2- Up to $3,000 Level 3- Up to $5,000 Level 4- Up to $10,000 Specific NBMC sections to include: NBMC 10.50.020(H) - Use permit /Discretionary approval violations NBMC 20.12.020(E) - Unpermitted uses NBMC 20.16 -20.28 - Land use regulations for residential and commercial zoning districts Questions ?? Newport Beach Community Development Department Code Enforcement Division Presented by Matt Cosylion City of Newport Beach Presentation Outline Current Code Enforcement Why some cases require an investigation Repeat violators Recommendations process extended Step 5: Refer to City Attorney to pursue further enforcement action Step 4: (Total of 5 cites) Level 2: $zoo; Level 3 -5: $500 Step 3: 2nd NOV or Level n.: $1oo Step 2: NOV or Warning Step 1: Complaint Nature of violation Zoning Use Permits Property Maintenance Investigative process Verifying violation exists Collection of Evidence Interview witnesses Field Observations Conduct Inspections Contacting the property owner /responsible party Reasonable timeframe to comply Extent of violations Financial cost of making corrections Unique circumstances Code Enforcement priorities Unpermitted construction Long term tenants Financing Before Improve overall appearance of property Permanent resolution I � g cc After How extensive is the problem? Who are the repeat offenders? Recommendations Warning Notices (Verbal & Written) - 95% ® Citations- 5% The 5 %... 78% complied at Level 1 - ($1oo) 8% complied at Level z - ($200) 14% received Level 3+ ($500) Refer to City Attorney Steps: Refer to City Attorney to pursue further enforcement action Step 4: (Total of 5 cites) Level 2: $200; Level 3 -5 $500 Step 3: 2nd NOV or Level 3.: $100 Step 2: NOV or Warning Step 1: Complaint 24 %Zoning- Land Use (Illegal Dwellings, Group Homes, Medical Marijuana Dispensaries) 0 19% Use Permits E 18% General Nuisance (Property Maintenance, etc.) 17% Zoning- General (Signs, Setbacks, etc.) 12% Other (Encroachments, Business License, etc.) 0 10 %Water Quality Discretionary approvals Use permits Outdoor dining permits Development agreements Land uses in residential districts Illegal dwelling units Group residential uses Land uses in commercial districts Unpermitted uses Permitted use violating other municipal code sections Strong clientele base Large profits Repeated violations Disregarded citations Code enforcement personnel Hire one additional code enforcement officer Bringing staff up to 4 full time officers Create a Code Enforcement Volunteer Program Code Enforcement Code Enforcement Supervisor Code Enforcement Code Enforcement Procedures for problem and /or repeat violators Bypass warning and issue administrative citation with corrective measures Issue separate citation for each municipal section violated Discretionary approvals Issue citations for each use permit condition violated Increase citations on violation of permit code Procedure for problem and /or repeat violators (cont.) Issue citations on daily basis (if necessary) Refer cases to City Attorney after 4tn administrative citation Refer cases to City Attorney for repeat violators Update NBMC Chapter 1.05- Reflect current enforcement practices Increase fines for administrative citations Option 1: Level 1- from $100 to $250 Level 2- from $200 to $500 Level 3- from $500 to $1,000 Option 2: Add Level 4- sl000 citation fine to current citation fees Raise fines for specific NBMC sections to: Level 1- Up to $1,000 Level 2- Up to $3,000 Level 3- Up to $5,000 Level 4- Up to $10,000 Specific NBMC sections to include: NBMC 10.50.020(H) - Use permit /Discretionary approval violations NBMC 20.12.020(E) - Unpermitted uses NBMC 20.16 -20.28 - Land use regulations for residential and commercial zoning districts Questions ??