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.