Code Enforcement
The Code Enforcement Division of the Economic and Community Development Department enforces permitting requirements regarding building to protect health and life safety and zoning investigations, home occupation and all forms of serious public nuisance enforcement with efforts focused on gaining voluntary compliance.
The Code Enforcement Division office is located in City Hall on the second floor and may be reached by telephone at (650) 991-8260.
Code Enforcement derives its authority from the Municipal and Building Codes. The Code Enforcement Division staff is comprised of Code Enforcement field inspectors and a secretary. They coordinate major inspections and enforcement of dangerous property conditions and may involve multiple disciplines, by assigning the property to the City’s Code Enforcement Task Force. Since it was instituted in 1994, they have successfully resolved numerous problems with most enforcement cases closed within 30-45 days.
The Code Enforcement Process
When a complaint is received, or staff suspects a violation, the following steps are undertaken to have the violation abated:
- An inspection is scheduled to determine if the complaint has merit. If it does not, the case is closed.
- If the complaint has merit, a letter explaining the violations is mailed to the property owner. It provides direction and timelines to abate the violations.
- If the violations are not abated within reasonable timelines, the case may be referred to the Administrative Hearing Board.
Code Enforcement Fees
Enforcement fees represent the staff time incurred to see the violation abated. They increase over time. Common violations and the associated fees are listed below (for violations abated within 30 days):
| Building maintenance problems | $300 |
| Construction without permits | $300 |
| Unsafe/dangerous building | $200 |
| Expired permit | $100 |
| Fence problem | $200 |
| Housing code violation | $250 |
| Illegal secondary unit | $600 |
| Retaining wall | $100 |
| Conditions of approval violation | $250 |
| Sign permit violation | $100 |
| Illegal home occupation. | $250 |
| Miscellaneous | $200 |
Fees accrue and are due from the date of the letter following the initial investigation. They increase if the violation is not abated within 30 days, 60 days and/or within 90 days from the date of the letter.
Example: A second unit was constructed without permit. The fees are as follows depending upon how long the case remains open:
1-30 days ............. $600
31-60 days.............. $925
61-90 days.............. $1,050
It is obviously in one’s best interest to abate the violation as quickly as possible.
The Code Enforcement Task Force has proven to be effective in minimizing the recurring violations on properties with long-term violations. The main focus of the Task Force has traditionally been to remove substandard conditions in apartment complexes. Recent inspections of apartment complexes have demonstrated that the use of the Task Force for all large apartment complexes a success. Most major violations have been abated, and any minor violations may be picked up by the Fire Department's annual apartment inspection program.
Administrative Hearing Appeals Board The Code Enforcement Division acts as liaison to the Administrative Hearing (Appeals) Board. The Board reviews investigations of serious violations and determines the required next step of enforcement and has authority to assess administrative costs for all staff time and set civil penalty fees (up to $2,500 a day for each day a violation is present to the maximum amount of $10,000). This incentive is normally sufficient to gain voluntary compliance by property owners. The Appeals Board is an integral part of the Code Enforcement Program and has contributed greatly to its success.
The City’s code enforcement efforts fulfill the first two goals of the Daly City’s mission statement: Assure the safety and general well-being of the community. Preserve, improve and develop the physical and aesthetic aspects of the community.
The Task Force, both a program and committee, is comprised of representatives from City departments and divisions (Police, Fire, Streets, Water/Wastewater, Community, Building, Engineering) and the San Mateo County Health Department. The Task Force has collective authority of the member agencies. Enforcement matters requiring a concentrated effort by more than one enforcement agency are referred to the Task Force in an effort to expedite abatement of the violation. The Task Force is a forum for planning inspections of properties (mostly apartment complexes) and using a team approach to prevent duplication of efforts. The Task Force targets the most serious violations and develops incentives for voluntary abatement. They also develop training programs for landlords and property owners. It is not unusual to see a task force inspection composed of a Fire Safety Inspector, Police Officer, Code Enforcement Inspector, Building Inspector, and Street Inspector or Water/ Wastewater Inspector at any given time.
The focus of the Task Force is to remove dangerous conditions as soon as possible. The cost of violation abatement, including staff time, is charged back to the property owner. If the owner is unwilling to do the work, staff seeks approval from the City Council to have the violation abated. If necessary, a lien is placed on the property to assure cost recovery.
