Loading...
HomeMy WebLinkAbout2002/12/08 Board of Appeals & Advisors Agenda Packet /t¡~I--Þ-- s-G ~J~ -~- -~ ~~~ CITY OF CHULA VISTA Department of Planning and Building Date: December 8, 2002 To: Board of Appeals and Advisors From: Brad Remp, C.B,Q" Assistant Director/Building QffiCi~ Subject: Code Enforcement Strategic Plan Summary The following is a summary of the major findings and recommendations from the Department of Planning and Building's internal Code Enforcement Strategic Plan, INTRODUCTION: The plan was developed in response to concerns expressed by residents, City Council and members of various Boards and Commissions regarding a perceived lack of attention to code enforcement throughout the City, While initially focused on the activities of the Code Enforcement Section of the Building Division. it soon became apparent that a much more comprehensive citywide team approach would be required in order to achieve any significant improvements in this arena, The Plan was prepared in a traditional format that included: ~ mission and value statements ~ a history of the program ~ a review of the existing setting ~ an analysis of the strengths, weaknesses, opportunities and threats associated with the program ~ comparisons with other jurisdictions ~ a summary of program improvements ~ a proposed organizational framework for the future ~ a proposed code enforcement program action plan based on a "balanced scorecard" approach ~ a recommended action plan that phases in the addition of the new staff that will be required to implement the proposed programs MISSION AND VALUES: The code enforcement program's mission is to protect the health, safety and property values of our residences and businesses through the enforcement of codes and regulations. The program focuses on voluntary compliance, however, when warranted, formal enforcement action is taken as quickly as possible, Wherever possible, the 1 program's costs will be borne by the property owners who have created the code violations or have otherwise created the need for periodic inspections, BACKGROUND: The City's Code Enforcement Program has experienced many changes over the last fifteen years, In the early 1990s the program included many proactive projects designed to partner with the community to achieve long-term compliance. In the mid-1990s the entire program was virtually disbanded due to required budget cuts. The program is now back to a staffing level similar to 1990, however, since 1990 the City has added 60,000 residents and the quality of life in some of our older portions of the community has suffered, at least partially, as a result of inadequate code enforcement attention during the interim, EXISTING SETTING: Since the mid-1990s the Code Enforcement program has been nearly entirely based on reacting to specific complaints from residents. A notable exception has been the highly successful inoperable vehicle abatement program. This program abates approximately 1.000 vehicles per year from private property and is evenly split between proactive enforcement and complaint responses, The other major components of our existing reactive program include responding to complaints of Housing Code violations, investigating Zoning violations, abating dangerous building, abating public nuisances and resolving construction without permit violations, Staff responds to complaints based on a priority system that reflects the seriousness of the violation, Complaints regarding potentially serious health and life safety violations are responded to as quickly as possible, while some other, less critical violations, may only receive a letter urging compliance and no field investigation, SITUATION ANALYSIS: An evaluation of the program's strengths, weaknesses, opportunities and threats revealed an overall picture that suggests the existing program is performing well under the circumstances, however, it is not meeting the community's expectations, Findings include: ~ Current staff is highly motivated but lacks experience ~ Staffing levels are significantly below comparable cities ~ The existing Zoning Ordinance needs to be modified to facilitate enforcement ~ The roles and responsibilities of key staff members need to be better defined ~ The Permits Plus system can be better utilized to automate the enforcement process ~ Cost recovery opportunities are not being fully utilized ~ Code Enforcement as a interdepartmental team approach is gaining support ~ A proactive code enforcement program is a worthwhile goal ~ Access to the General Fund for program enhancements may be very limited ~ Community support for more aggressive enforcement needs to be confirmed 2 COMPARISONS WITH OTHER JURISDICTIONS: The lack of proactive enforcement and failure to provide field responses to some types of complaints has been criticized in the past as being inadequate to meet the community's needs, As part of responding to this criticism, staff performed several comparison studies of other jurisdictions throughout the country, The results of the studies revealed that Chula Vista's program achieves above-average performance levels, however, the City's program is funded and staffed at a level significantly below the average for communities our size, The International City Managers Association (ICMA) study revealed our per capita spending on code enforcement was $2,16 versus the average of $5,39 per capita for jurisdictions our size, A staffing level comparison with similar jurisdictions in California also indicted that Chula Vista's staffing ratio was significantly below comparable jurisdictions. Chula Vista's staffing ratio of 4.2/100,000 population was compared to jurisdictions such as Oceanside (7,9), Oxnard (7,8), Santa Ana (11,7) and Long Beach (10,0), Adding the additional staff recommended in the Strategic Plan will increase Chula Vista's staff ratio to a level of (7,7/100,000), RECENT PROGRAM IMPROVEMENTS: Staff has recently implemented several program changes in an effort to address known deficiencies in the program, Examples of recent improvements include: ? Creation of a Code Enforcement Advisory Group consisting of top level managers and staff from Building, Planning, Community Development, City Attorney Office and the Police Department. The Group meets bi-monthly to address both program and individual case issues, ? Creation of weekly status reports on high profile code enforcement cases, These cases are subsequently discussed at the Advisory Group meetings and copied to the Assistant City Manager, ? Formal procedures have been drafted to facilitate use of innovative code enforcement methods and to achieve greater cost recovery, ? The Permits Plus system has been enhanced to provide detailed case tracking information and to generate routine code enforcement correspondence. ? The role of code enforcement has been integrated into several citywide programs including the Broadway Revitalization Program, Motel Inspection Program, General Plan Update and special COPPS initiatives, PROPOSED ORGANIZATIONAL FRAMEWORK Developing the Code Enforcement Strategic Plan also revealed that many issues previously identified as being primarily a code enforcement problem were, in fact, issues that could only be resolved through a concentrated interdepartmental team effort, Therefore the Plan also includes clarification of roles and responsibilities for staff within both the Code Enforcement Division and other Departments, A key to the program's success will be development of an annual Overall Work Program, Development of this 3 Program will be the responsibility of the Building Official. Responsibility for implementation of the Plan will primarily be assigned to the Code Enforcement Manager, The Code Enforcement Manager, working with the two Sr, Code Enforcement Officers and representatives from other Departments, will provide periodic status reports to the Code Enforcement Advisory Group to help insure the Program is being implemented. PROPOSED CODE ENFORCEMENT PROGRAM ACTION PLAN Determining specific recommendations for inclusion in the action plan first required establishing evaluation criteria. Staff selected a "Balanced Scorecard" approach that evaluated the range of possible actions from four perspectives. This "Balanced Scorecard" approach was chosen because it proved to be very useful in preparing the recently completed Business Plan for the Department of Planning and Building. The four perspectives evaluated for the Code Enforcement Action Plan included: yOur community-at-Iarge y Our individual customers (focusing on both complainants and alleged violators) y Our managers (focusing on internal processes); and Y Our employees. Community-Oriented Initiatives Community-Oriented Code Enforcement Program (Beat Program) - Modeled after other successful programs, this program is based on assigning Code Enforcement Officers to geographic areas (beats). The Program will encourage the Officers to interact with residents and business owners in their assigned area to establish proactive code enforcement programs that will be crafted to meet the specific needs of the people with that area, Multi-family Housing and Motel Inspection Program - Preserving affordable housing is critical in Chula Vista, The current program only responds to complaints, as such. it fails to give the City an accurate picture of the actual condition of our apartments, Fear of eviction in a tight rental market is often cited as the reason apartment tenants are reluctant to file code enforcement complaints, This proposed program would establish a proactive inspection program that will inspect each apartment or motel site approximately every three years, The exterior of all sites will be inspected and approximately 10% of the units will undergo an interior inspection, This program will help identify and correct those properties where the units are not being maintained in compliance with the State Housing Law, Mobile Home Park 'Title 25" Inspection Program - The City of Chula Vista has for many years assumed responsibility for confirming compliance with the State's Mobile Home Park Act (Title 25). For the last five years the City has only responded to specific complaints, This new program will establish periodic inspections of all of the City's mobile home parks (32 parks), A new Senior Code Enforcement Officer has been hired to develop and implement this program, 4 Mobile Home Park Rent Review Ordinance Inspection Program -This new program is in response to recent action by Council. It is designed to insure that rent increases for mobile home spaces do not exceed a designated threshold unless Code Enforcement staff has confirmed that the park meets all minimum fire and life safety standards, This program will also be under the supervision of the new Sr. Code Enforcement Officer. Community Housing Improvement Program - This program is administered by Community Development and is designed to assist individual homeowners in rehabilitating their properties through grants and low-interest loans. The new Sr. Code Enforcement Officer will provide technical field assistance to support this program, Broadway Revitalization Program - The City has begun an effort to revitalize the Broadway business corridor. Code Enforcement staff will be participants in the planning and implementation of the redevelopment strategies for this program, The designated beat officer for this area will be a key liaison with the community in soliciting suggestions and establishing partnerships. Community Oriented Policing and Problem Solving (COPPS) - For several years the interdepartmental COPPS team has focused on developing innovative ways of approaching major community problems, Code Enforcement staff has traditionally been a contributor to the group's efforts. but limited staff resources have restricted Code Enforcement's role in recent years, Increasing staff, as is being proposed in this plan, will facilitate a much greater commitment to the goals of the COPPS program. Currently the COPPS group is co-chaired by the Community Relations Police Sergeant and the Building Official. The group's current areas of focus include the Motel Inspection Program and enhancements to the Graffiti Abatement Program, Community Education Program - Many of the violations observed by code enforcement staff arise from property owner's lack of familiarity with Chula Vista's regulations, Most code enforcement complaints are resolved voluntarily once the property owner has been made aware of the City's requirements, Expanding the community education program will acquaint more residents with our requirements and thereby help prevent future violations, Converting existing educational materials into a Spanish format will be a very high priority for this program, Conditional Use Permit Inspection Program - Conditions imposed on use permits are intended to reduce or eliminate situations that may adversely impact adjacent businesses or the community-at-Iarge, Current staff levels do not permit periodic inspection of sites having CUPs and therefore compliance with the established conditions is not monitored. This program will include an inspection component that verifies compliance with conditions for all new CUPs, Properly Maintenance Program - Many of the complaints received by Code Enforcement focus on property maintenance issues that are often not covered by existing language in our Municipal Code, Examples include deteriorated paint or lack of landscaping, A long- 5 term goal is to review and potentially adopt a comprehensive property maintenance code, Adopting such a code would give staff the legal tools necessary to allow them to identify and correct problems before they reach the status of a serious public nuisance, New Business Inspection Program - Our existing Business License Program includes a counter review of the application to confirm compatibility with Zoning requirements, however, no field verification is performed, This program would include a field verification inspection, Staff feels that many of the business related complaints they receive could have been avoided if the business owner was made more fully aware of the City's regulations at the time that they first opened, Customer - Oriented Initiatives Customer SelVice Policies and Procedures - Meeting customer expectations is critical to the success of the overall program. To those filing complaints, they want to know that their complaint is being treated seriously and that it will be addressed in a timely manner. Alleged violators expect to be treated in a reasonable manner and that they will be afforded all appropriate access to due process, Establishing comprehensive policies and procedures will help insure that these customer expectations are met. Developing and monitoring conformance with these policies and procedures will be the primary responsibility of the Code Enforcement Manager and the first-line code enforcement supervisors, Mediation Program - Many of the complaints received by Code Enforcement begin as neighbor disputes that have little citywide significance. These types of cases have traditionally been extremely time-consuming for staff to resolve, Mediation is a method that may assist all parties in resolving these types of complaints quickly and amicably, The Plan proposes to expand the use of mediation as a code enforcement method and identify the City as a sponsor of the mediation process, Process-Oriented Initiatives Workload Management System - Receiving thousands of complaints, scheduling inspections, distributing correspondence, tracking case status, and monitoring cost recovery efforts present significant workload management challenges, This program will focus attention on developing a comprehensive workload management system that will track time for cost recovery, report on compliance with established program performance standards, and verify progress on achieving the goals identified in the annual Overall Work Program. Case Management and Tracking System - The Permits Plus System has proven to be a very effective tool in managing the building permit process, While Code Enforcement is also using the same system, it is being underutilized, This program will expand the use of Permits Plus to automate existing processes and to initiate new programs, These new programs would include the Housing Inspection Program, the Mobile Home Park Inspection Program and the Business License Inspection Program, Eventually the system 6 will also be expanded to allow the Code Enforcement Officers to use handheld computers in the field; a program similar to what is being used by building inspection staff at this time, Zoning Code Update - The City's Zoning Code is antiquated and difficult to enforce. Partnering with Planning and the City Attorney, Code Enforcement will work to update the provisions of the code to clarify intent and to eliminate outdated requirements, This process typically takes several years and will likely not be initiated until the General Plan Update is near completion, Employee-Oriented Initiatives Career Development and Staff Training Program - Attracting and retaining qualified code enforcement staff has proven to be difficult over the last several years, This program is intended to provide opportunities for existing staff in other sections and departments to transfer or promote to positions in code enforcement. One of the ways in which this will be accomplished it by creating a new classification, Code Enforcement Technician, that will be a trainee position and have split duties between performing office research assignments and field work on minor code enforcement violations, This program is also intended to provide an attractive career ladder for current code enforcement staff as a way of encouraging them to remain and advance within the program, Staff Recognition Program - The Department will develop a program that recognizes the significant accomplishments and excellent customer service provided by the Code Enforcement Section, ACTION PLAN Revised FY 2002-03 Staff Plan Since adoption of the current budget, Council has approved the addition of a Sr. Code Enforcement Officer to supervise and implement the Mobile Home Park Inspection programs and to assist with the CHIPs program, The Department is also proposing to re- institute a proactive Housing/Motel Inspection program, This change will result in a better alignment of staff resources with the funding sources designated to support the program, The change. however, will necessitate reassigning a Code Enforcement Officer from general complaint response to primarily working on the Housing/Motel Inspection Program, We anticipate this action will decrease the City's overall responsiveness to general code enforcement complaints. Phase 1 Enhancements The first phase of the expanded code enforcement program consists of adding two (2) Code Enforcement Officers and one (1) Code Enforcement Technician, One of these additional positions will be assigned to the Housing Inspection Program in order to increase the frequency of periodic inspections from approximately every 9 to 10 years to a frequency of approximately every 3 years. The other positions will be assigned to respond 7 to general code enforcement complaints and will represent the initial step in establishing a citywide "beat" program, Phase 2 Enhancements The second phase of the expanded code enforcement program will include adding two (2) additional Code Enforcement Officers and two (2) Code Enforcement Technicians. These new positions will be assigned responsibilities in the general code enforcement "beat" program, developing the community education program, establishing a property maintenance program, performing inspections on new businesses, developing the mediation program and continuing to enhance our customer service policies and procedures program, The Department of Planning and Building is scheduled to present an overview of the Code Enforcement Strategic Plan to City Council during a workshop tentatively scheduled for January 16, 2003, Assuming City Council endorses the overall direction of the proposed program, staff will prepare a mid-year budget adjustment to reflect the Phase 1 enhancements, along with proposals for funding the additional positions, Phase 2 enhancements will be included in the Department's budget proposal for FY 2003-04, BWRlbwr (c:lmy documentslCEStrategic Plan summaryhm) 8