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Home My WebLink About2015-02-18 PACKET 12.A. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 2/18/15 , . PREPARED BY Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR ***�****************�*****�*****��***�*******:�** COUNCIL ACTION REQUEST Workshop: Code Enforcement Policy and Procedures STAFF RECOMMENDATION Workshop: Code Enforcement Policy and Procedures BUDGET IMPLICATION: $N/A $N/A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS � MEMO/LETTER: Memo from Emily Schmitz dated 2/2/15 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Draft Code Enforcement Policy ADMINISTRATOR'S COMMENTS ' � �� 5�` City Administrator �— Date ************************�******************��** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage Grove � Pride ana Q�OSperity Meet TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: Emily Schmitz, Code Enforcement Officer DATE: February 13, 2015 RE: Workshop: Code Enforcement Policy and Procedures Background The goal of code enforcement is to protect residential and commercial properties. Through standards set in city ordinances, City staff is able to assist in addressing properties with code violations. The Cottage Grove City Code, including the City Zoning Ordinance and other regulatory codes adopted by the city, are primarily enforced on a complaint or reactive basis. This process is to en- courage neighborhood block programs, home owners associations, and other City departments to be involved in the enforcement process. An aggressive proactive enforcement approach is very staff intensive and is not economically feasible with the current budget. The vast majority of code viola- tions can be addressed with a reactive enforcement approach utilizing existing stafffrom Community Development and Public Safety in an economical fashion while receiving positive results. Code violations vary greatly in type and severity, from nuisances such as trash containers in view to life safety violations such as excessive e�erior storage issues. Each case and violation differs in intensity, severity, and type which requires the enforcement plan of these cases to differ as well. Each case will take a varied amount of time to achieve compliance. Staff's priority when addressing violations brought to their attention is to work with the resident, busi- ness owner, or tenant to help them understand city ordinance requirements, why these requirements exist, and how the property can be brought into compliance. These varied situations require enforce- ment action plans to have flexibility from the standard enforcement processes and adjust to the indi- vidual resident situation. It is the priority of City staff to make available resources for non-compliant residents and to assist in creating a deadline that is reachable for compliance. Often times Washington County resources are utilized in hording or unsafe living situations to be sure all residents involved are residing in a sanitary and healthy location. Non-Life Safetv Violations — Criminal Citations The Cottage Grove Code Enforcement process consists of the following for non-life safety violations including trash containers in public view, yard waste accumulation, exterior storage, and vehicle surface parking: 1. Complaint received 2. Inspection to verify a violation Honorable Mayor, City Council, and Ryan Schroeder Revolving Code Enforcement Cases February 2, 2015 Page 2 of 6 3. If a violation is verified, an initial notice is sent to property owner with a 14-day deadline for compliance 4. Inspection on deadline date to verify compliance: a. If no compliance, a second and final notice is sent with a 10-day deadline b. If compliant, case closed. 5. Inspection conducted on deadline date to verify compliance a. If no compliance, a criminal citation is written to the property owner and the case is seen through the Washington County Court system OR the abatement process begins. b. If compliant, case closed The previous enforcement process included issuance of an administrative citation after notice had been sent and violations remained, which required payment directly to the City from the property owner. Multiple administrative citations were issued, although staff did not have power to force pay- ment of the fines. To increase the ability to follow up with these property owners in violation until compliance was met, criminal citations are now issued to property owners in violation. Criminal cita- tions are prosecuted through the CityAttorney and followed through by the Washington County Court system until the properly is verified to be compliant with City Code. Failure to comply after issuance may result in a fine up to $1,000 and/or maximum 90 days in jail. There were 12 criminal citations issued in 2014, six of which are closed and compliant, and six that continue to move through the court system. Once a criminal citation is issued by the City, the process and progress of the case is left to the court system and the City Attorney. At such time a violation is brought into compliance and verified to the City Attorney, the property owner is required to keep their property in compliance with any and all City Codes for 12 months. If a property is found to be non-compliant within this time period, a notice with a 10-day deadline is sent. If there is no compliance after the 10-day period, a criminal citation is issued. The attached flow chart lays out the major steps in this process. The process for a criminal citation can be up to nine months or more depending on the case load going through the county court system at that time. The timeline from the date the criminal citation is issued to the arraignment date where the defendant pleads could be up to 60 days, three to four months until a pre-trial date, and two to three months for a trial date. The City Attorney typically sees compliance prior to or at the pre-trial hearing. During this timeline, the property typically stays in a non-compliant state, which can be a frustration to the neighborhood. Staff time required to complete the citation process includes multiple departments: Community De- velopment, Public Safety, and City Attorney. The timeline for the enforcement process from the initial inspection through the issuance of a criminal citation is a minimum of 24 days with 6 hours of staff time (not including the city attorney's time). In 2014, 12 cases were sent to the Washington County Court System expending a cost of approximately $4,400 for code enforcement staff time and $7,200 for the City Attorney's time, which is a total of $11,600. Property maintenance cases are typically resolved with a fine no larger than $100 to $200. If the defendant has been seen for violations in the past, the fine is increased. The City then receives payment of approximately 30 percent dispersed from the state. If a$200 fine was assessed to each case in 2014, the fine total would be $2,400 with $720, or 30 percent, of that as revenue to the City. In 2014, $10,880 was spent on issued criminal citations. Because of the hefty cost to prosecute a property maintenance case, criminal citations are Honorable Mayor, City Council, and Ryan Schroeder Revolving Code Enforcement Cases February 2, 2015 Page 3 of 6 used as a final resort for compliance as the costs to bring the violation through the court system is not offset from the revenue. Life Safetv Violations — Abatement The enforcement process of life safety issues are expedited and addressed immediately. Life safety issues are those that pose an immediate risk to public health and safety. Services that staff utilize with these cases include Washington County Health and Human Services, Washington County En- vironmental Health Department, local contractors, as well as Public Safety staff when necessary. Typical situations that lead to life safety violations are exterior and interior hording situations, illness, unsanitary conditions, pet waste, mold, gas or electric concerns, trees and tree limbs, structural issues, and property owner hardships or deceased property owners. To assure these issues are addressed immediately, the abatement process is utilized. Abatement allows the city to hire a con- tractor to bring the property into compliance and bill the property owner for the labor once completed. If not paid within 30 days, the fees are assessed to the property taxes, an assessment hearing is held, and the fees are submitted to the county and held for one year with 7 percent interest. This process requires Finance and Community Development staff time through a minimum of a one-year process. If the assessment is not paid within the one year, the City tracks the charges, and they are held as a lien against the property, which may not be paid until such time as the property is sold. Enforcement Challenqes Staff time: Maximizing staff time, as resources are limited, is imperative. Making sure cases are addressed by severity assures that those cases creating life safety hazards within the community are addressed immediately and followed by those creating a nuisance. Utilizing Abatement or Criminal Citation: The abatement process is utilized in only life safety or hazardous violation situations. Abatement of a violation requires city resources to be utilized up front. These costs include labor and resources used to bring the violations into compliance, ranging in some cases into the thousands of dollars. Because of these upfront costs, it is imperative all enforcement resources are utilized by the Code Enforcement Officer to bring compliance before executing a criminal citation or an abatement. Abate- ment is used as a last resort as the final costs are far greater than issuance of a criminal citation. Each case must be evaluated individually to determine the appropriate enforcement path to follow to gain compliance. Discussion The current code enforcement process does not outline a process for addressing a property with continued violations. For example, a property is noted to be in violation and after a notice is sent the property is brought into compliance. Within a 12-month period, if the property is noted to be in viola- tion again, such property would be considered a repeat/recurring violator. Multiple communities were surveyed to better understand how they address properties with revolving/recurring violations within a 12-month period. Honorable Mayor, City Council, and Ryan Schroeder Revolving Code Enforcement Cases February 2, 2015 Page 4 of 6 Woodbury.� A step in their code enforcement process is removed if the violation is the same or similar in nature as a violation at the same property within a 12-month period. Removing a step means sending only one notice with a deadline instead of an initial letter, then a warning letter. Brooklyn Center.� , For repeat violations within a 24-month period at a single property, the enforcement process begins where it left off. For example, if the property was brought into compliance after the first notice for the first violation then another violation occurs at the property within a 24-month period, a first notice would not be sent — only a second notice then a citation. Prior Lake: Recurring violations are put through a procedural fast track during which, a repeat/recurring violation warning notice is sent for a violation that occurs at the same property multiple times within a 12- month period. An inspection for compliance will then be conducted on the deadline date noted in the notice. If no compliance, a citation will be issued to the property owner. The City of Prior Lake has also adopted a Code Enforcement Policy outlining all processes for enforcement of their municipal code. Crystal: A property which is in violation, sent the appropriate notices, and brought into compliance and then in violation again within a 12-month period can be issued a citation immediately upon verification of a second violation. Champlin: If a second violation is confirmed at the same property within a 12-month period, a second initial notice is sent and the process begins again. If the property continues to be an issue, the city will prosecute the case within the County court system. The City has had conversations regarding repeat offenders and expediting the code enforcement process, but feel the "due process" they have estab- lished needs to be followed. St. Louis Park: If the initial violation is corrected the case is then closed. If another complaint is received, a second notice letting the property owner know it is a repeat violation is sent and the re-inspection time cut down. Burnsville: An initial notice is sent for an initial violation with a 10-day deadline. If no compliance, a second 10- day deadline notice is sent. If still no compliance, a third and final notice is sent with a 7-day deadline. If the property continues to be non-compliant, the nuisance is abated or a criminal citation is issued to the property owner. If a recurrent violation is observed at a property within a 12-month period, a final 7-day notice is sent before a citation. Oakdale If at any time a property has a repeat violation within 12 months and has already received finro noti- fications, an administrative citation is issued. If a property owner receives a citation and within a year is in violation again, a citation will be immediately issued. Honorable Mayor, City Council, and Ryan Schroeder Revolving Code Enforcement Cases February 2, 2015 Page 5 of 6 Inver Grove Heights Generally the process starts over with an initial notice and so on unless the city attorney gives per- mission based on the property owner's history as a repeat offender. Proposed Revolvinq Violation Enforcement Process It is imperative that an enforcement plan expedite the code enforcement process at a revolving vio- lation property as the property owner, at that point, has been informed of the ordinance requirements. The property owner must be given the opportunity to respond and cure any violations, as a due process. Once an initial violation has been noted at a property, an initial notice must be sent with a deadline. If the property is brought into compliance, the case is closed. If the property continues to be in viola- tion after the deadline date a second notice is sent. If, within a 12-month period, the property is noted to be in violation, same or similar as the first viola- tion, a notice is sent with a shortened deadline. If the property continues to be in violation at the deadline, a criminal citation is written to the property owner. The same will hold true for recurring violations beyond the first and second at the property as the property owner must be given an opportunity to respond and bring their property into compliance. - Cottaqe Grove Code Enforcement Policv Draft To better understand the code enforcement process as a whole, guidelines have been outlined in a draft enforcement policy. This policy includes types of enforcement used, general procedures, and repeat/recurring violations. All processes are outlined in a general sense as each case will be addressed individually and may require an enforcement plan that is specific to that property or situ- ation under the umbrella of the code enforcement policy. The City has a limited amount of resources in both staffing and funding to manage code violations. To utilize the resources available in a fashion that uses funding in the best way, it is important to enforce on a complaint basis as opposed to a review type enforcement encompassing all violations noted at any time throughout the community. The proposed enforcement policy differentiates the process of the two enforcement types: Reactive Enforcement: Reactive enforcement is based on complaints received. Action is taken on violations within the community on a complaint basis. Proactive Enforcement: Utilizing resources to actively seek out properties in violation of city codes. Some properties within the community are in violation of multiple city codes creating nuisances for neighboring properties and the community as a whole, which are not always brought to City staff's attention. To ensure these properties when identified within the community are addressed, it is pro- posed that a staff meeting take place each month. Staff members from Public Safety, Community Honorable Mayor, City Council, and Ryan Schroeder Revolving Code Enforcement Cases February 2, 2015 Page 6 of 6 Development, and Public Works will be invited to discuss problem properties they have noted within the city and prepare a plan for enforcement of these properties. Recommendation Review and comment on the code enforcement process and procedures for repeat/recurring viola- tions and the code enforcement policy draft. ��c��t�� i•�� `�� ,��°��f�� CODE ENFORCEMENT POLICY INTRODUCTION The Code Enforcement Policy, approved by the City of Cottage Grove City Council, provides guidelines for enforcement of the Cottage Grove City Code, the Zoning Ordinance, and other regulatory codes adopted by the City. This document is intended to regulate only those enforcement/compliance processes and activities specifically �nitiated by the City. .� CONTACT INFORMATION ��: Emily Schmitz, Code Enforcement Officer City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 .� �� Phone: 651-458-2876 � Fax: 651-458-2897 '� e, eschmitz(a�cottage-grove.orq �� ; �* x http://www.cottaqe-qrove.orq/planninq dlvi5lD�{�ode-enfo�c��1ent , . � � '� , � � .;�� '�� ,�:�, POLICY SECTIONS ; �' .� :.% *` 4 i., L Code Enforcel�e�tt,Prograrn � ` �� `�� L� II. Definitions `� ' � 4 `�- �:x ' , III. Reactive/Proactive�Enforc�ment � v S IV. General P�o�ed_�res ° � � � V. Excessive Corr�plai,nts �` e� F ` 4 5 � VI Repeat/Recurrin� U�s�lations .. , � ;: VII Imrt�ediate Enforcement�Viola�ions _ VIII. Advanced Customer Ser�ice Pledge# IX. Annual•Policy Review ''' � �«�' �.. I. CODE ENFORCEMENT P,RQGRAM �': ,,` , � Minnesota Statutes give the C`��y Council the "power to provide for the government and good order of the City, the suppression of vice and immorality, the prevention of crime, the protection of public and private property, the benefit of residence, trade, and commerce, and the promotion of health, safety, order and convenience, and the general welfare as it shall deem expedient." To maintain the value of properties within the community, the City has developed a Code Enforcement Program. The City has limited resources, so City staff also relies on residents and business owners to provide information regarding code violations as well as self-initiated inspections. City of Cottage Grove Code Enforcement Policy - � - A. Sl°ANDARD ENFORCEMENT POLICY City of Cottage Grove residents are supported in their efforts to maintain the physical environment of their neighborhoods through standards set in local ordinances. To assist in this endeavor, the following code enforcement policy has been established to guide the City in addressing properties with code violations. This policy is a guideline and does not bind the City. The City may deviate from this policy at any time if, at the sole discretion of the City, a deviatio is deemed appropriate. � .; Tvpical Violations �'�� • E�erior Storage � � • Permit Violations ,,�i �� • Garbage and Refuse ��-�� z ��, • Tall Grass �� G '�. • Signage � �,,� • Yard Parking � � • Right-of-Way �� `�,�, • Animals � • Junk Vehicles � .,;;< *�' • Zoning Use �` ` �� • Property Maintenance :�'� � • Public Nuisance `� 4 <.. . ...:.t � k � � B. COMPLAINT PR�QRtTY` CLASSIFIC�TIONS � x �� ' City staff inspects every c�mplaint �t � r�ce�ves, V11heh a violation is confirmed, the appropriate act�or� taken b�e to staff an� �time constraints, it is sometimes necessary to prioritize complaii��s=�and Uwlations Wlien�n,this happens, complaints are prioritized as folloWs, ` ` � � � r � ` . � �, .. ,.;.F ;> �' ;: 1`' Immed�a�e tiskto`public health and,:,safety. `"v 2. High risk to" health and �safety througii environmental impacts. 3;�Work begun o�a�tions take� without the necessary permits. 4 .`Aesthetic and n�isance vio �tions. v :� :, � � II. DEFINITIONS:�s �� R � : r` �.r" Abatement: Abatements.:are tf�e,,='removal or repair of a substandard property conditions by the ,� ., property owner, agent, con�racto`r, or City. Business Dav: In the context of this policy, a Business Day is considered Monday through Friday, from 8:00 a.m. to 4:30 p.m. on a normally scheduled workday, exclusive of holidays. Therefore, the next business day would be the next day that the City is scheduled to be open. City Code: The City Code includes all ordinances passed by the City including those that have not been codified. City of Cottage Grove Code Enforcement Policy � 2 � Code Enforcement Officer: An employee of the City designated as the Code Enforcement Officer. The #erm Code Enforcement Officer also includes all City employees authorized by City Code to issue citations. Compliance Deadline: The compliance deadline (re-inspection date) is the date compliance is required and listed on the Notice of Violation or Notice and Order. If compliance has not occurred by the compliance deadline, a misdemeanor citation may be issued or an abatement process may be initiated. The Compliance Deadline may be extended at the discretion of the Code Enforcement Officer. Compliance Inspection: The compliance inspection is the re'inspection of the property on or after the date established when a notice is issued. �°� -� � � Extension: An extension provides additional time �or a�� respon��bl�e party to fully remedy any identifiied code violations. When a legitimate neec� a`rises, a respons�ble party may request an extension beyond the initial compliance deadliri�e. Extensions are ; -�`d�termined at the sole � , discretion of the Code Enforcement Officer or ot�`er City official handling �t�e ,matter. _ � Immediate Enforcement Violations: Immediate enfot are c�de,violations where immediate action is required to protec't tf�e public hea�th� saf�ty, or welfare or�th`� issuance of a written notice is considered ineffecti��e in d�terring repeaf or��uture violations. =� ,� =k.e Initial Property Inspection: The initial property inspection is the �irst inspection conducted on a property where a new c�se , is opened�� `,, Durmg fhe ,initial �� inspection the Code Enforcement Officer records a'ny observed� uiolations,� esta.bl�shes=r� compliance deadline, and issues a notice. � -� ,�;�� k 4 � Life Safety Hazard: A hfe safety hazard is any i;dentified code violation that has the potential to directly or ir�d�rectly cause bbdily ha�rn Examples ,�of life safety hazards include, but are not limited to �e��cles: dangerou'stly p�ositioned on jacks;> concrete blocks, wood, or other physical ob�ects;� cer�ain types ofa right-of u�ay obstruction�; �dead trees or trees leaning at precarious angles,�rrt�ssing or obscured x building,;'��dresses;��swimming pools that are not properly fenced or secured, �roken windows; ele�trical�'� hazards; unsecured structures; and any other hazardous conditions vvf�er�,there exists`��fioreseeable�danger to the public. Note: all life safety hazards will be described as such on all writteii notices: Misdemeanor/Crim�inal Citation� 11L1�isdemeanor citations are formal criminal complaints issued by a Code Enforcement Officer #o;#(i�e responsible party for uncorrected code violations. Person(s) issued a misdemeanor citation are required to appear in the Washington County District Court. Notice of Violation: A notice of violation is a standard formal legal notification (written notice) issued by a Code Enforcement Officer advising the responsible party that a violation(s) exists on their property. It also establishes a compliance deadline. This written notice is principally designed to encourage timely voluntary compliance. Repeat/Recurrinq Violation: A repeat/recurring violation is a newly identified code violation on a property involving the same responsible party for the same or substantially the same violation as identified on a previous investigation within the last 12 months. Note: the 12 months is City of Cottage Grove Code Enforcement Policy � 3 - calculated from the date of the initial property inspection of the first violation to the date of the initial property inspection of the new violation. Responsible Part rL�. The listed owner(s) in the Washington County real property information records. For limited liability companies, corporations, or other forms of businesses and corporations, the responsible parties are the principals and officers of the entity. Voluntary Compliance: Voluntary compliance is achieved when all identified code violations are corrected before the established compliance deadline. This allows the Code Enforcement Officer to pass the inspection without the issuance of a citation or the in�tiation of an abatement process. Voluntary compliance is considered the preferred method of,�'esolving code violations. IIL REACTIVEIPROACTIVE ENFORCEMENT `= �°��` � `� � � �. � �= ,, A. REACTIVE (COMPLAINT BASED) ENFQRGEMENT � � The City of Cottage Grove City Code, ��eluding but not limite� to, the Zoning Ordinance and other regulatory codes adopted by #lie City, are principally`enforced on a complaint basis. This is designed to encourage reside�ts, neigh�orhood assocaations, block watch � .:,� programs, or other City departments to actively� in the enfor�ement/compliance process. �=� `� :.�°� ti*'" � In the interests of providing im�pro�ed c�stomer service,° complainants will be asked, but will not be required, to provide `a �ame ��n� �ontact� phor�e number. Note: all recorded complainant contact tnformation is`rpa.intained c�nfidential to extent allowed by law. � ti .� � B. PROACTIVE EN�ORCEMENT 4 � ; The City may obser,�ve and respond to code```"violations during regular business, visit areas for reactive enfor��t��nt, or p�oactive co�e enforcement sweeps. � `� �, � �, N GENERAL P�tOCEDURES � t �; A. k LIFE SAFETY COI�fPLA1NT5�, If the alleged violation concern`s a��otential health or safety hazard to the neighborhood or neighbors, inclusive of o�p�n/vacants;buildings, fire hazard and/or health hazards, or other health and safety hazar�s �the City's goal will be to respond within one business day of receiving the;complaint. ` . �, r �' �r Fx� ,,,;, B. NON-LIFE SAFET�I( CO�PLAINTS If the alleged violation is a potential health or safety hazard, the City's goal will be to ,r.��. respond within five business days of receiving the complaint. C. NOTICE OF VIOLATION / NOTICE AND ORDER Upon the initial property inspection, the responsible party will be notified of any violation(s) discovered during the inspection process through the issuance of a written notice sent by mail. The notice of violation will specify a compliance deadline. The notice of violation will also list any observed code violation(s). City of Cottage Grove Code Enforcement Policy ' 4 ' D. FINi4L NOTICE OF VIOLA°fION — CI1°ATION/ABATEMENT' FOR fVON-COMPLIANCE Unless a violation is an immediate enforcement violation, any uncorrected code violations remaining after the compliance deadline will receive a final notice of violation. After the final notice compliance deadline, remaining violations are subject to citation and/or the initiation of abatement, whichever is appropriate. In addition, the final notice will provide an explanation that repeat/recurring code violations on the same property within 12 months are subject to expedited legal action as defined below in Section VI — Repeat/Recurring Violations. E. EXTENSION �; In general, extensions may be authorized for a s��ifi�d period of time. Responsible parties who demonstrate to the Code Enforcement Q:ff��er the existence of circumstances requiring additional flexibility or deviation from the complia�nce deadline may be granted an extension for a specified reasonable period of �tirrie based :�on consideration by the City of the following factors: `` �,,� . . � ; .:.A� 1. Resolution of all Life-Safety Hazards �A�n extension will not be c'o�sidered or provided to any responsible party where a life safety hazard exists or�.awhere active and verifiable steps to physically mitigate the haz�rd are not in place �� '�, � � - . tiY 2. Achievement of Measurable !'ro�ress — Upon �he,�compliance inspection, the property shows significant measurab�e� impro�ement from4the conditions observed during the initial property inspection. �, . �, �� 3. Establishmen� ;ofi Di,�ect Commu�ac�tior� �The respons�"ible party establishes direct communicat�an with the;, assigned ti �ode�'Enforcement Officer prior to the initial compliance kdeadline D�rect commu�i could `�be face-to-face, e-mail, or direct phone contac�::� , t �v � �, ` �� 4 Written:�.�r�d/or Verbal Committiient to Voluntarily Comply — The responsible party r� s�ates their in�entioti`°to f�lly reme�y xall recorded violations on their property. This statement can be made�verbally to tfie officer or in writing after establishing direct corr�munication The�timef�arnes requested will be reviewed by the Code Enforcement s4 F � Offi'cer. � K- Y� 4;;. :� � ::�� V. EXCESSIVE COMPLAINTS ;:. �` ' The purpose of this section is to deal with situations where one or more parties inappropriately use the Code Enforcement system. What begins as a complaint escalates into multiple complaints between two parties. Both parties use the complaint process to antagonize each other. The City has limited resources, in both staffing and funding, to manage complaints and code violations. The City has the right to choose how to best use these resources in a fashion that prudently utilizes taxpayer resources. The purpose of this Complaint Policy is to establish protocol and standards for Staff to use to determine whether the enforcement tools available to the City are no longer effective. The City does not intend to ignore complaints; Staff will continue to take the appropriate enforcement action when a legitimate City Code violation exists. City of Cottage Grove Code Enforcement Policy � 5 - Depending on the nature of the Code violation and the impact the Code violation has on the health, welfare, and safety of the City and its residents, -City staff will prioritize the list of pending complaints it receives. Staff may choose to limit the amount of follow-up in certain situations. Staff will use the following guidelines to determine if a complaint is defined as excessive. Excessive complaints are ongoing complaints where all or a majority of the following are present: 1. The alleged violation does not pose an immediate risk to public health and safety, or there is no high risk to health and safety through potentia� environmental impacts, or the alleged violation is a private property dispute. ._ , i ,� 2. The nature of the complaints move from reporting ;a legitimate Code violation to a frivolous complaint or a complaint deemed to�� be�`��'u`sing ,the City to harass another partY• ��,. F 5 �`�� ;;; �.. ` 3. The parties refuse to participate in the identified by the C�it�r (e.g., mediation) to attempt to resolve the dispute. '� `� < `�� :;� Excessive and repetitive complaints by the same party or parties consume�co�nsiderable staff time to inspect the alleged violat�o�'n, talk with the -parties" involved, write 7ef�ers requesting corrective action, perForm follow up��=��ns��nctions, and poter�tially have further discussions with involved parties. There is no formul�, either ob,�ective or �su�jective, to determine when City efforts have been unsuccessful. In de�e�r�inmg whether C�ity efforts have been unsuccessful, y � staff will consider the folloYv�r�g, �� ., � 1. How much time �he City��has �nvested in�wo� with-�the �parties to address the City Code violation. � "� � , F � 2. Whether the City hasa., recorCtmended a` viable solution that is achievable within a reason'able` amount of �ime (90 days:) 4 l `, - � -; 3 1Nhether the nature of.the violation is crea�ing a dangerous situation that puts people and property at risk. `' � �:: ,, ��, 4. Whether the essential bas��s of the dispute is civil. Once a determinati�on �s, made� s�aff may consult with the City Attorney to determine the City's legal obligations and opfiions All�future complaints from the parties must be in writing. Staff will investigate any subsequent aiid unrelated complaints received from the parties and take the appropriate action. Staff will'="not follow-up with the complainant. VI. REPEAT/RECURRING VIOLATIONS The Repeat/Recurring Violation process is designed to provide resolution through an expedited enforcement/compliance mechanism for responsible parties who repeatedly violate City ordinances and who have demonstrated an inability, or unwillingness, to responsibly maintain their property. City of Cottage Grove Code Enforcement Policy - 6 ' �4. NOTIFIC�4TION POLICY Investigations where repeat/recurring violations are identified will proceed through a procedural fast track. The discovery of a repeat offense is cause to issue a repeat/recurring violation warning notice. The repeat/recurring violation warning notice will be a final notice of violation that will be mailed directly to the responsible party(s), via U.S. Mail, to the address listed on the Washington County Assessor Record. This written notice will advise the responsible party that repeat/recurring violations may be present on thei�,,property. Educational material describing other common code violations may be i,nc7uded with the warning notice. As specified in the final notice of violation, a compliarl�ex�nspection will be made. At the time of this compliance inspection, any unresolved repeat�/`r`eat�rring violations are cause to: �� ,r .F..� � `�:� a. Issue a citation or ,.,; b. Initiate an abatement process ��; r �, _ 4 �;. \� Note: An extension for repeat/recurring violations may be reviewe� approved by the City. ,�=` � � `�s� � z= VII. IMMEDIATE ENFORCEMENT VIO�,ATIONS F � , Certain types of illegal activities consti�ut� an ��imminent public safety and health hazard. The following types of illegal = act�uities may r�su,lt in the issuance of a�itation without the benefit of receiving a written notice � � � r �.> 1. Person(s) found ill. gally dt�rr�ping litter`oC �v�aste onto any��property, vacant parcels, or City rights-of-way. x;� � `:: . � < 4 � t 2. Food vendor(s) who are'nse�ling foo�'4p�oducts vuithout a license. ;.; � � � �, �� 3. �`Me�chandise vendors who are soliciting cusfomers without a license. , ��;� � . 4. Persori(s) who allow a� uehicle to��emain unattended in a condition that it is openly accessib�e #Q the publict�nd. that presents a life-safety hazard. x.� 5. Person(s) found respon�ibl� for causing an obstruction of a public street or sidewalk. 6. Other violations as de#ermined by the City. VIII. ADVANCED CUSTOMER SERVICE The City is a governmental body that places a high-value on providing professional, advanced customer service to the citizens with whom we interact and serve. Governmental transparency, perFormance efficiency, and public accountability are core values that guide our operational processes. We strive to provide the following advanced customer related services: City of Cottage Grove Code Enforcement Policy ' � ' • An emphasis on public education and voluntary compliance. • When requested, keep complainants informed when contact information is provided. • Refer low-income qualified, owner-occupied, property owners who may require special assistance to known hardship assistance programs such as non-profit volunteer organizations. IX. ANNUAL POLICY REVIEW The City Council should receive a report from City staff regarcl�r�gycode enforcement activity from the previous year. The number of violations by type shou ;be communicated as well as the number of proactive versus reactive complaints. ;,� ,.� �� . �°°� : � z:, , '� � ,: ��, �� , �� r L � � � � � � � 4 �� ' 4 «.t \ F � t � �.� 4 _ 4 .`.�. ` -.� 4 4. 4:' / . � "� � � F'" t 4 j i � �� . � � � k c �� _ �� .F � �`� � :`::t � s '=, � [ ' � _°:; k� l -A% t � � � F . ,=i ° .y City of Cottage Grove Code Enforcement Policy - $ � Code Enforcement Process for Initial Violation HOLD FOLLOW ASSESSMENT SUBMITTO FOR 1 YEAR COUNTY AT7% HEARING INTEREST 30 Days BILLSENTTO PROPERTY OWNER HIRE CONTRACTOR LIFE HAZARD qgATEMENT VIOLATION SECOND NOTICE VIOLATION #1 INSPECTION IN INITIAL NOTICE SENT- 14 INSPECTION � SENT- 10 DAY INSPECTION IN VIOLATION VIOLATION DAY DEADLINE VIOLATION DEADLINE NON LIFE COMPLIANT- COMPLIANT- COMPLIANT- HAZARD CRIMINAL CASE CLOSED CASE CLOSED CASE CLOSED VIOLATION CITATION CITATION FILED APROX 60 DAYS ARRAIGNMENT � APROX 3-4 MONTHS PRE-TRIAL � APROX 2 TO 3 MONTHS TRIAL i Code fnforcement Process for Violations within 12 Months of lnitial Violation HOLDASSESSMENT SUBMITTO FOLLOWFOR HEARING COUNTY 1 YEAR AT 7% INTEREST 30 Days BILLSENTTO PROPERTY OWNER HIRE CONTRACTOR LIFE HAZARD qgATEMENT VIOLATION VIOLATION VERIFIED WITHIN 12 INSPECTION IN VIOLATION NOTICE SENT-10 DAY INSPECTION IN VIOLATION MONTHS OF DEADLINE INITIAL VIOLATION NON LIFE COMPLIANT- COMPLIANT- CASE CLOSED CASE CLOSED HAZARD CRIMINAL CITATION VIOLATION CITATION FILED ARRAIGNMENT ...,,.., P E . ,_._. R -TRIAL TRIAL �