Code Enforcement derives its
authority from the Municipal Code, with a concentration
on Public Nuisances (Chapter 8.16).
The Code Enforcement Division staff is comprised
of a Code Enforcement Officer, Code Enforcement Inspector
and Code Enforcement Secretary.
They coordinate major inspections and enforcement
of dangerous property conditions involving 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 witnesses 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.
Code
Enforcement Task Force
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.
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.
Clean
Community and Graffiti Abatement Committees
The Clean Community and Graffiti
Abatement Committees’ volunteers work closely with
the community to identify property problems. When minor
property violations are first reported to the City, they
are forwarded to the Clean Community Committee.
The Clean Community Committee handles items
such as accumulation of trash, weeds, junk, and debris
on properties. Volunteer
staff notifies property owners of the necessary action
to abate these minor violations; thus allowing staff to
focus on the more serious violations.
The Graffiti Abatement
Committee handles graffiti and posters placed on public
property, and works closely with property owners and the
Police to identify violators and remove graffiti at no
charge to the property owners. Both committees can be
reached at (650) 991-8191. Once a complaint is received,
these committees send a courtesy letter to the property
owner, document the violations and inspect the properties.
Should properties not come into voluntary compliance after
notification, the matter is referred to the Code Enforcement Office
for review and possible enforcement.
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.