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HomeMy WebLinkAboutReso 2009-062 - Enforcement of Codes re Utility payents . . RESOLUTION NO. 2009-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ENDORSING AND DISCLOSING STANDARD PROCEDURES AND PRACTICES FOR ENFORCEMENT OF CODES RELATIVE TO OCCUPANCY OF RESIDENTIAL DWELLINGS WHEN ELECTRIC UTILITY SERVICE HAS BEEN DISCONNECTED FOR NONPAYMENT WHEREAS, as identified through the work of the City-appointed Utility Review Billing Committee, some administrative changes can and should be made to improve the enforcement process in connection with enforcement of codes relative to occupancy of dwellings when electric utility service has been disconnected. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Redding that the following standard enforcement policies are endorsed as striking an appropriate balance to protect the health safety and welfare of the citizens of Redding: Once utilities, and in particular electrical power, are disconnected from a dwelling unit, and the unit remains occupied, the City will use best efforts to promptly notifY both the occupant and the property owner that living without power can give rise to a dangerous condition to the occupants and others living in close proximity. Should the occupancy extend beyond a minimum period oftime, the City must take reasonable steps to ensure that utilities are restored or the situation is otherwise resolved. The following progressive approach and standard operating procedure shall guide staffin achieving safe- occupancy conditions of dwellings that are occupied without connection to utilities. I. Use best efforts to provide timely information to occupant(s) and/or property owner(s) of available services for assistance and requirements for utility service at the time utilities are disconnected. An "advisory letter" or other notice should be provided to the occupant and the property owner at the time utilities are disconnected by REU or RMU. There shall be no implication in the advisory letter as to the possibility of fines. The letter will indicate that within 10 days, an inspection of the property will be performed. Accompanying the letter will be information regarding services that may be available to residents who are having difficulty making their utility payments and may be available to assist with reconnection of utilities or other services. No reference to fines shall be included. 2. Conduct an inspection of residential properties where utilities have been disconnected only in those circumstances where it cannot be confirmed through other means that the property has been vacated. Verification of occupancy may include review of utility connect information, a telephone call to the rental agency or owner of the property, or other contact with the tenant. An inspection of the premises would be conducted to determine the on-site conditions and if the premises is still occupied only if it cannot be verified by other means that the property is vacant. ~ ~ \ 0\ r 3. Where a dwelling is occupied without connection to utility services as required by state law and local ordinance, there will be an initial presumption that such occupancy is a "substandard" condition as defined in the Redding Municipal Code (RMC). . . 4. In any circumstance where property is determined to be "substandard" by virtue of having no utility service, but facts are not observed or confirmed by the inspector to justify a "dangerous" or "immediately dangerous" condition, the matter will be processed utilizing the normal enforcement process as setforth in Chapter 1.15 of the RMC. Where an on-site inspection has determined that a dwelling is occupied without utility services, the code enforcement officer must make a determination on the condition of the property and the level of threat to the public represented by continued occupancy of the structure, based on the criteria for substandard, dangerous, or immediately dangerous buildings and/or conditions as set forth in Chapter 1.15 of the RMC. The administrative process to resolve the situation must be reflective of the appropriate determination and implemented accordingly. If compliance is not achieved in a reasonable time frame and further enforcement action is warranted, compliance orders for substandard units will be processed for confirmation by the Administrative Hearings Board. 5. In any circumstance where property is determined to be in a "dangerous condition, "a compliance order may only be issued following an inspection of the subject property that documents the existence of a violation meeting the criteria established in Chapter 1.15 of the RMC. The inspector may provide a reasonable period of time to resolve the violation or dangerous condition prior to reinspection of the property. If the inspection reveals that the violation is not corrected, the matter will proceed tbe next available Administrative Hearings Board, or to a hearing officer appointed by the Board, to uphold, overturn, or otherwise modify the determination and order. Afollow-up inspection shall be conducted before the hearing. If the violation is corrected and the occupant and/or owner desires to object to the prior determination, the matter will be calendared for the next meeting of the Administrative Hearings Board for a full hearing. Dangerous condition determinations will be confirmed in an expeditious manner by the Board, where necessary, except in a circumstance where compliance is achieved and the compliance order goes uncontested. 6. Create a clear checks and balance process for the Administrative Hearings Board (or designated hearing officer) to confirm "immediately dangerous" determinations within 72 hours of posting, where such posting requires an occupied residential property to be vacated. Every "immediately dangerous" determination by the Building Official, Fire Chief, Development Services Director, or their designee(s), which results in the posting of a dwelling unit requiring it to be vacated will initiate an automatic hearing before the citizens' Administrative Hearings Board. Alternately, the Board may choose to appoint a member to serve as an independent hearing officer to ensure that a hearing will be held within 72 hours of the posting. Through the noticing process, the occupant and/or owner will be advised that a hearing will be conducted within 72 hours (as opposed to conducted only if appealed by the occupant). The Board or hearing officer will review the file and the facts and either uphold, reject, or modify the order. Occupants and/or owners will be provided the opportunity to present evidence and address the Board or the hearing officer directly. Judicial relief is available in the Courts from any final decision of the City issued by the Board or a Board-appointed hearing officer. 7. The process as reflected in the attached enforcement process flowchart will be followed, specifically, after an "immediately dangerous" determination is upheld by the Administrative Hearings Board, if compliance is not achieved and the immediately dangerous condition remains, the matter will be referred to the City Attorney to obtain an abatement order from the Court. In an extreme situation where property is in an "immediately dangerous" condition and such a determination has been made and upheld by the Board, if an occupant refuses to resolve the problem by having utilities connected or vacating the residence, judicial intervention may be necessary and appropriate. 2 . . 8. Compliance orders will specifically reflect the factors which lead the code enforcement officer to conclude that a "dangerous" or "immediately dangerous" condition exists. Compliance orders will contain a detailed and plain language explanation of the hazards existing at any dwelling where the code . enforcement officer has determined it to be in a dangerous or immediately dangerous condition. The processing of compliance orders and the assignment of penalties will be as set forth in Redding Municipal Code Chapters 1.13, 1.14, and 1.15. I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a special meeting of the City Council on the 15'h day ofJune, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Dickerson, Stegall, and Bosetti Jones and McArthur None None :e~~ RICK BOSETTI, Mayor ." Attest: ,;, (', i 'r I ~ ' ,~.," ~ ;. cJ ..:.-- ". l J 111_." r:p~~\'~, .' PAMELA MIZE, A:ssistaiil City Clerk . \ . ,.; ,: . .'~ l..~':,~~'"~ ~ ,~' ,.,.1""-' "I - \' " " Form Approved: ~A~ RICHARD A. DUVERNAY Attorney Exhibit A: Safe Occupancy Code Enforcement Process Flowchart 3 . . . POw€:'l" .D~sco~e~ted Notification 10 Code Enforcement' Inspection Copducled if Power not> Restored (1 O:days typic.iJly).: N~ N:bM\oWP\F1owchartbWPZ.pub Yes :No Further Action Yes Notice to OWnerrTenant Post Property Schedule Mandatory Hearing (within 72 bours) No Yes Compliance Order Hearing at Next Available /\dministrative Hearing Board. (30'60 daystypically) YeS ComplianeeOrder Hearing at Next Available Administrative Hearing Board (30.{iO'dliys tYpically) Refer to City AttorneY No Yes No Yes No'