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HomeMy WebLinkAbout2001-02-12 City CouncilCity of Palo Alto .City Manager’s Report TO:HONORABLE CITY COUNCIL FROM: DATE: CITY MANAGER FEBRUARY 12, 2001 DEPARTMENT: COMMUNITY SERVICES CMR: 120:01 SUBJECT:USE OF ORDINANCE PROVISIONS FOR ADMINISTRATIVE CITATIONS AND ADMINISTRATIVE COMPLIANCE ORDERS BY THE OPEN SPACE DIVISION This is an informational report and no Council action is required. BACKGROUND In 1997, Council approved an ordinance adding Chapters 1.12 and 1.16 to the Palo Alto .Municipal Code (PAMC), which established procedures for the use of administrative citations and compliance orders to assess administrative penalties for violations of the PAMC. In May 1999, Council approved an ordinance amending Chapters 1.12 and 1.16 and a resolution setting a schedule of administrative penalties for violation of various PAMC sections (Attachment B). The report described the internal procedures to be used by the Fire Department and the Inspection Services Division of the Planning Department in implementing the administrative citation and compliance order provisions. This report transmits the Open Space Division’s procedures for use of the administrative citation and compliance order provisions. DISCUSSION The Open Space park rangers and senior park rangers enforce provisions of PANIC Title 22 related to parks and open space. The most commonly encountered violations of this Title pertain to the control of pet dogs, .loud noises in City parks, illegal entry into Foothills Park, capture or molesting of wildlife, improper use of barbecues or unsafe fires, drinking in public, and parking of vehicles. A citation is generally only issued by a ranger if efforts to gain compliance by education and polite request are not heeded. Relatively few citations are issued by Open Space park rangers each year. A primary benefit of the administrative citation procedure is that appeals to the citation are heard by an informed administrative hearing officer. Currently, citations are appealed to a traffic court judge. Because issues relating to park and environmental protection rarely come before a traffic court judge, the judge is unable to CMR: 120:01 Page 1 of 2 ¯ play a role in educating the defendant .about the importance and relevance of park rules.. Addition of the administrative citation and compliance order provisions to the existing enforcement mechanisms is particularly useful for relatively routine violations, such as the enforcement of vehicle parking ordinances. Presently, rangers can only issue a citation if the vehicle owner is present. The administrative citation process will allow rangers to mail an administrative citation to the registered car owner, if the car is illegally parked. The internal procedures used by the Open Space Division when administrative citations or compliance orders are issued, a sample administrative citation, administrative compliance order, and the request for .hearing form, are provided in Attachment A. It is anticipated that use of administrative citations and compliance orders will be initiated in February 2001, following completion of a code enforcement procedure training program for Open Space staff members. ATTACHMENTS Attachment A: Attachment B: Administrative Citation and Administrative Compliance Order Procedures; Sample Administrative Citation, Administrative Compliance Order, and Request for Hearing Forms CMR: 236:99 PREPARED BY: ,, ../" " ¢/~GREGORY .BETTS " .......Superintendent, Open Space & Sciences PAUL THILTGEN Director of Community Services CITY HARRISON Assistant City Manager CMR: 120:01 Page 2 of 2 Attachment A Community Services Department Open Space Division Administrative Citation Procedures A number of enforcement options are available to Open Space park rangers and senior park rangers to address violations of Title 22 of the Palo Alto Municipal Code (PAMC). Enforcement tools available to staff include the following: 2. 3. 4. Administrative Citation (PAMC Section 1.12.030) Compliance Order (PAMC Section 1.16.030) Criminal Penalty (PAMC Section 22.04.035) Permit Revocation (PAMC Section 22.04.170) The following summarizes the procedures to be followed by Open Space park rangers and senior park rangers when the Administrative Citation provisions authorized by PAMC Section 1.12 are utilized. A. Evidence Collection 1)The Open Space Division receives information about violations of the PAMC through routine patrol, citizen complaints, and notifications from other City departments. 2)Once the ranger has information about a possible, violation of the PAMC, an inspection is generally conducted to confirm the violation. The inspection is used to gather information, collect physical evidence where appropriate, and to determine the responsible party. B. Administrative Citation Once evidence has been collected and it is determined that the PAMC has been violated, Open Space staff will determine the appropriate enforcement action. If an Administrative Citation is issued, it will include the following: ¯"Date of the violation ¯Address or description of the location where the violation occurred ¯Section of the PAMC violated and a brief description of the violation ¯Penalty amount ¯Description of the penalty payment procedure ¯Description of the citation appeal process ¯Name and signature of the Open Space ranger 1 of 2 A Request for Hearing form will be attached to the Administrative Citation. A sample Administrative Citation is attached (Attachment A). The Citation will be signed by an employee of the Open Space Division authorized by the Superintendent of Open Space and Science, and .will be served personally. If personal service is unsuccessful, service may be made pursuant to the procedure established in PAMC Section 1.12. A copy of the citation will be delivered to the Revenue Collections Office at the Civic Center. The Revenue Collections office will notify the Open Space Division regarding administrative citation payments. The notification will be delivered by e- mail on the same day on which payment is received. If payment is not received by the date specified on the Administrative Citation, Open Space staff will request the Accounting Division to invoice the responsible party. Within 7 days of receiving the Open Space staff request, the Accounting Division will issue an invoice for the fine amount, plus a ten percent penalty. The invoice will state that payment is due within fourteen calendar days of the invoice date and that unpaid invoices as of the first of the month following the fourteen calendar day periodwill accrue an additional ten percent penalty. If payment is not received by the first of the month following the fourteen calendar day period, the Accounting Division will issue a new invoice for an additional ten percent penalty on the original penalty amount. The Accounting Division will also issue a statement showing the original citation amount, each accrued penalty, and the total amount due. The new invoice and statement will indicate that the payment is due immediately and that unpaid invoices as of the first day of the following month will accrue an additional ten percent penalty. Thereafter, an additional ten percent penalty on the original fine amount will be due on the first day of each month that the citation remains outstanding. C. Appeals The recipient of the citation may appeal the citation by submitting a completed Request for Hearing Form to the Revenue Collections Office and posting the full amount of the administrative citation fine within thirty days from the date of citation. (In certain hardship cases, the City may waive the posting of the administrative citation fine when scheduling an appeal hearing. City approval of a Hardship Waiver is not an indication that the citation will be waived.) The Request for Hearing form must be submitted to the Revenue Collections Office, which will be responsible for scheduling the appeal hearing. Appeals will be conducted by the City’s Hearing Officer. In the event that a hearing is scheduled, the citing ranger will provide the Hearing Officer a written report concerningthe administrative citation, which will include any supplementary documents or materials. A copy of any report submitted to the Hearing Officer will be served on the person requesting the hearing at least five days prior to the hearing date. The citing ranger will attend the hearing. 2 of 2 City of Palo Alto ADMINISTRATIVE CITATION Issuing Agency: Open Space Division Issuance Date: Violation Address: NO.: Issued To Name: Company: Address: Phone Number: Method of Service: Personal [-] Certified Mail [--] By: Date: VIOLATION CODE & SECTION PENALTY Total Penalty: THE TOTAL PENALTY IS NOW DUE AND PAYMENT IS REQUIRED BY (DATE): PAYMENT IS TO BE MADE TO: CITY OF PALO ALTO REVENUE COLLECTION DIVISION 250 HAMILTON AVENUE P.O. BOX 10250 PALO ALTO, CA 94303 Failure to pay the total penalty by the specified due date will result in assessment of additional penalties. Appeal of this citation may be made by filling out the attached Request For Hearing form. Where compliance has not been achieved by the date of this citation, each day of noncompliance subsequent to this citation is a distinct and continuing violation, and additional citations may be issued for each day the violation exists. Please contact the Open Space Division at (650) 617-3112 if you have any questions. Authorized Signature Open Space Division Date of Issuance ATTACHMENT A-3 Community Services Department Open Space Division Compliance Order Procedures A number of enforcement options are available to Open Space park rangers and senior park rangers to address violations, of Title 22 of the Palo Alto Municipal Code (PAMC). Enforcement tools available to the staff include the following: 2. 3. 4. Administrative Citation (PAMC Section 1.12.030) Compliance Order (PAMC Section 1.16.030) Administrative Penalty (PAMC Section 22.04.035) Permit Revocation (PAMC Section 22.04.170) The following summarizes the procedures to be followed by Open Space park rangers and senior park rangers when the Compliance Order provisions authorized by PAMC Section 1.16 are utilized. A. Evidence Collection 1)The Open Space Division receives information about violations of the PAMC through routine patrol, citizen complaints, and notifications from other City departments. 2)Once the ranger has information about a possible violation of the PAMC, an inspection is generally conducted to confirm the violation. The inspection is used to gather information, collect physical evidence where appropriate, and to determine the responsible party. B. Compliance Order Once evidence has been collected and it is determined that the PAMC has been violated, Open Space staff will determine the appropriate enforcement action. If a Compliance Order is issued, it will include the following: ¯Date of the violation ¯Address or description of the location where the violation occurred ¯Section of the PAMC violated and a brief description of the violation ¯Action required to correct the violation ¯Due date for correction of the violation ¯Description of penalty accrual if compliance is not achieved ¯Description of consequences of noncompliance (heating, etc.) 1 of 2 ¯Name and signature of the Open Space staff member A sample Compliance Order is attached (Attachment A). The Compliance. Order will be signed by the Open Space Superintendent, and will be served personally. If personal service is unsuccessful, service may be made pursuant to the procedure established in PAMC Section 1.16. C. Compliance with the Compliance Order Compliance with the Compliance Order will be monitored by Open Space staff. When appropriate, an amended Compliance Order may be issued extending the due date for correction of the violation(s). If all violations are corrected by the due date stated in the Compliance Order, Open Space staff will so advise each party to whom the Compliance Order was addressed. D. Hearing If the violator does not comply by the due date for correction of the violation specified in the Compliance Order, Open Space staff will notify the Hearing Officer that a hearing is required. Open Space staff will prepare and submit to the Heating Officer a copy of the Compliance Order and any supporting documents. Open Space staff will ensure that the hearing is scheduled and that notice is provided to the violator(s). Each party to whom the Compliance Order was addressed will be notified by the Hearing Officer’s staff of the time and place of the hearing at least ten days prior to the hearing date. A copy of any supporting documents submitted to the Hearing Officer will be served on each party to whom the Compliance Order was addressed at least five days prior to the hearing date. Open Space staff will attend the heating. E. Compliance with the Hearing Officer’s Orders The Hearing Officer will make findings that may include an order to comply and daily or other penalties for failure to comply. .Open Space staff will monitor compliance, and, if compliance does not occur, will request that Revenue Collections submit an invoice on a monthly basis to the violator. 2 of 2 City of Palo Alto COMPLIANCE ORDER Issuing Agency: Open Space Division Issuance Date: Violation Address: Issued To Name: Company: Address: Phone Number: Method of Service: CODE SECTION Personal ~1 Certified Mail [-’] By:Date: VIOLATION AND CORRECTIONS REQUIRED COMPLIANCE DATE WARN1NG FAILURE TO CORRECT ALL VIOLATIONS LISTED IN THIS ORDER, BEFORE THE COMPLIANCE DATE ABOVE, MAY RESULT IN ADMINISTRATIVE PENALTIES OF UP TO $ ~ PER DAY FOR EACH VIOLATION UNTIL COMPLIANCE IS ACHIEVED. THIS ACTION IS IN ADDITION TO ALL OTHER LEGAL REMEDIES, CRIMINAL OR CIVIL, WHICH MAY BE PURSUED BY THE CITY IN RESPONSE TO ANY VIOLATION.IN ADDITION, A HEARING WILL BE SCHEDULED AND YOU MAY BE RESPONSIBLE FOR ALL ADMINISTRATIVE COSTS ASSOCIATED WITH THIS ENFORCEMENT ACTION. PLEASE CONTACT THE OPEN SPACE DIVISION AT (650)617-3112 IF YOU HAVE ANY QUESTIONS. Gregory Betts, Superintendent Open Space Division Date of Issuance ATTACHMENT A-4 City of Palo Alto REQUEST FOR HEARING Name (Last Name, First Name) & Address (please Print or Type) Home Tel. No. Work Tel. No. Citation No.Date:Penalty Amount: $. I request that a Heating be scheduled to contest the administrative citation. I have posted an advance deposit of the full amount of the administrative penalty or have requested an advance deposit hardship waiver as described below. I understand that I may be found liable for administrative costs incurred by the City in connection with the Hearing. Signature Date Advance Deposit Hardship Waiver Any person who intends to request a hearing to contest an administrative citation and who claims to be financially unable to make the advance deposit of the t’me may file a request for an advance deposit hardship waiver. The request shall be filed with the Director of Administrative Services within thirty days following the date of service of the administrative citation. A request for an advance deposit hardship waiver shall consist of a sworn declaration, together with any supporting evidence demonstrating to the satisfaction of the Director of Administrative Services the person’s actual financial inability to deposit the full amount of the f’me in advance of the hearing. The requirement of depositing the full amount of the administrative penalty shall be stayed unless or until the Director of Administrative Services makes a determination not to issue the advance deposit hardship waiver. If the Director of Administrative Services determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the City within ten days of that decision in order to secure the hearing. The Director of Administrative Services shall issue a written determination listing the reasons for determining to issue or not to issue the advance deposit hardship waiver. The written determination of the Director of Administrative Services shall be t’mal, subject only to judicial review as provided by law. The written determination of the Director of Administrative Services shall be served upon the person who applied for the advance deposit hardship waiver. In compliance with ADA regulations, if you need special assistance at your hearing, please notify the City at (650) 329-2252, at least 72 hours before your hearing date. ATTACHMENT B TO:HONORABLE CITY COUNCIL ATTENTION: POLICY AND SERVICES COMMITTEE FROM:CITY MANAGER DEPARTMENTS:PLANNING POLICE DATE:MAY 10, 1999 CMR:236:99 SUBJECT:APPROVAL OF ORDINANCE AMENDING CHAPTER 1.12 AND CHAPTER 1.16 OF TITLE ONE OF THE PALO ALTO MUNICIPAL CODE ESTABLISHING ADMINISTRATIVE CITATIONS, PENALTIES, AND REMEDIES FOR MUNICIPAL CODE VIOLATIONS;AND RESOLUTION SETTING THE ADMINISTRATIVE PENALTY SCHEDULE REPORT IN BRIEF In 1997, Council approved an ordinance that added Chapters 1.12 and 1.16 to the Palo Alto Municipal Code (PAMC), establishing an administrative penalties procedures in connection with changes to Chapter 5.20 for the removal of solid waste and recyclable materials. Since that time, representatives from the Planning, Fire, Police, Administrative Services Departments and the City Attorney’s Office have been developing the organizational infrastructure needed to implement the ordinance and investigating the potential of using similar procedures for the enforcement of many other PAMC violations. Based upon that work, staff has proposed ordinance changes and developed procedures that would include the issuance of administrative citations and compliance orders and the assessment of administrative penalties for PAMC violations that are not resolved. Staff believes that this enforcement process will be more efficient and effective in the corrections of PAMC violations. CMR:236:99 Page 1 of 6 RECOMMENDATION Staff recommends that the City Council approve: the attached amendments to Chapters 1.12 and 1116 of the Palo Alto Municipal Code (PAMC) providing for administrative citations, penalties and remedies for violations of City ordinances, and 2) the attached resolution adopting a schedule of administrative penalties. BACKGROUND In 1993, the Council adopted an amendment to Chapter 10.60 of the PAMC that provided for administrative penalties and review for parking citations that were issued by the City. This change was prompted by State legislation that decriminalized the parking citation process and established civil penalties and review for parking violations. Additionally, in 1997, Council adopted an ordinance that added Chapter 1.12 and 1.16 to the PAMC. These chapters established administrative penalty procedures for all City ordinance violations, although they were adopted in connection with revisions to the ordinances regulating the collection, removal, and disposal of solid waste and recyclable materials. For the past year, representatives from the Fire, Planning, Police and Administrative Services. Departments and the City Attorney’s Office have been investigating alternative methods for enforcement of other PAMC violations and developing an implementation plan. Currently, code enforcement procedures include the identification of a code violation and notification of the responsible party. Violations range from illegally placed signs to improper storage of hazardous materials. Approximately 80 to 90 percent of the most common violations are resolved after the initial notice has been received by the violator. If compliance does not take place, a second, and in some cases, up to five notices are sent to the violator. If compliance is still not achieved, the department refers the case to the City Attorney’s Office for legal action. The City Attorney’s Office will normally send one more notice prior to initiating legal action. Legal action may involve civil or criminal sanctions, depending upon the magnitude and type of violation. This process is time consuming, labor intensive, and costly. DISCUSSION CMR:236:99 Page 2 of 6 Proposed Process Staff proposes to change the current process to one that involves the use of administrative citations, compliance orders and penalties, which is the approach which appears to be most successful in other cities. Once a violation has been identified, a written notice would be sent or delivered to the responsible party. The notice would include a specific penalty that may be assessed if the violation is not corrected in the specified period of time. If the violation is not corrected, depending upon the type of violation, either an administrative citation or a compliance order would be issued. A citation (Attachment A) would be utilized for violations that are relatively easy to correct, such as the removal of illegal signs, fences, or inoperable vehicles. If compliance is not met after the first citation, a second citation would be issued and for continuing violators another citation could be issued each day thereafter until corrected. Each citation issued for the same violation within a three-year period would result in a 50 percent increase of the fine. A compliance order (Attachment B) would be used for more complicated cases that may require multiple compliance dates. These cases include such violations as unauthorized use and occupancy, unpermitted construction or storage of hazardous materials, and substandard housing. The compliance order would specify a time line for submittals for permit approvals, the beginning date for construction, etc. If compliance is not achieved, penalties would be assessed against the violator. Violators who receive an administrative citation would have the opportunity to appeal the action in writing or in person to the City’s Hearing Officer if they desired. The violator would be required to post the full amount of the administrative fine at the time he or she requests a hearing. Provisions are included for the issuance of hardship waivers in those circumstances where the violator is financially unable to pay the penalty prior to the hearing. If the Hearing Officer determines that the citation should not be sustained, the penalty that was deposited before the hearing would be refunded. (See Attachment D for detailed procedures.) Individuals who receive a compliance order but fail to comply with it will be ordered to attend a hearing before the City’s Hearing Officer. Because of the complexities associated with the types of violations that would result in compliance orders, the Hearing Officer would be given the latitude to adjust penalties, establish additional time frames, and to require the payment of administrative costs to cover the staff time needed to resolve the situation. Failure to pay the assessed penalties and/or administrative costs would result in the violator being turned over to a collection agency or the issuance of a lien against the person’s property CMR:236:99 Page 3 of 6 if the violation was connected to property. Similar to the parking citation process, those individuals who are not satisfied with the decision of the City’s Hearing Officer, may request a review of the decision by the Municipal Court. Phased Implementation Approach The PAMC provides authority to several departments, including Police, Planning, Fire, Utilities, and Public Works, for enforcement of code violations. As staff developed the penalties program, it was evident that, because of administrative effort that would be required to initiate and sustain such a program, a phased implementation approach should be used. The Fire Department and the Inspection Services Division of the Planning Department volunteered to initiate implementation for a period of approximately six months. The phased approach will provide staff with the information needed to determine the resource needs for full implementation of the program. In addition, it provides staff with the opportunity to review the effectiveness and efficiency of the procedures, and to make any adjustments that may be needed prior to expanding the program to the remaining departments. Hearing Officer Currently, a City Parking Adjudicator handles the appeals for individuals who wish to contest their parking citation. The Parking Adjudicator is a budgeted, half-time position in the Police Department’s Traffic Division. (Also included in the Police Department’s budget are temporary salary dollars that cover a temporary, half-time Office Specialist to handle the associated clerical duties for the Adjudicator.) The current Adjudicator has been with the City since the inception of the parking citation program. Staff proposes using the current Parking Adjudicator as the City’s Hearing Officer by extending his hours for the initial six months. (The temporary Office Specialist’s hours will also be extended.) The Adjudicator is familiar with City procedures and services, and has a substantial legal background. Staff does not know how many appeals would result from this new process or the amount of time needed by the Hearing Officer to handle the appeals. After a review of the first phase, and if the results of the review warrant it,. staff will return to Council with a request to permanently increase the Hearing Officer’s position to full time and to provide for more permanent staffing for clerical duties. It should be noted that at that time, the City Manager would determine the most appropriate department in which to permanently assign the Hearing Officer. CMR:236:99 Page 4 of 6 RESOURCE IMPACT Funds for this program are included in the City Manager’s proposed 1999-01 budget. The Police Department’s proposed 1999-2001 budget includes $23,800 in both years to cover additional costs for the Hearing Officer and Office Specialist. This amount is estimated to cover six months of the year. The City Attorney’s Office Proposed 1999-2001 Budget includes $55,000 for a one-half time contract attorney to implement administrative penalties and advise enforcement personnel. This is an essential component of this program. This funding is meant to be a "stop-gap" measure until F¥ 2000-2001 when office space is available to support an additional 0.5 FTE Senior Assistant City Attorney for code enforcement services. For the last two fiscal years, the City Attorney’s Office has funded code enforcement activities above the budgeted 0.1 FTE by diverting outside counsel funding to contract staff. This step was taken in order to assess the feasibility of a code enforcement program implemented via administrative penalties and court actions. While this independently-initiated program has been successful, and essential to developing the administrative penalties ordinance and implementation proposal, this funding source is no longer available due to increased operating department support needs, staff will return to Council to request any additional funding needs for full implementation of this program after completing a review of the first phase. The proposed penalty amounts were developed to ensure that it would be financially more viable to obtain the appropriate permits and to comply than to be assessed penalties: Additionally, the current bail schedule and information received from San Jose’s process were considered in the determination of penalty amounts. The more hazardous the violation, the higher the penalty assessment. Additionally, staff used the experience of other cities like San Jose in setting the penalty amounts. While some revenue would be generated by the assessment of penalties, until staff has some experience with the new procedures it is difficult to determine the amount of projected revenue. It is important to note that the primary goal of this new process is to bring violators into compliance and not to generate new revenue. POLICY IMPLICATIONS A change to this process decriminalizes the procedure for ensuring compliance with PAMC violations and uses administrative remedies. CMR:236:99 Page 5 of 6 ENVIRONMENTAL REVIEW This is not a project subject to California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A- Copy of Proposed Citation Attachment B-.Copy of Compliance Order Attachment C- Administrative Penalties Procedures Ordinance Resolution PREPARED BY:Lynne Johnson, Assistant Police Chief Fred Herman, Chief Building Official REVIEWED BY: Patrick Dwyer, Chief of Police Ed Gawf, Director, Planning and Community Environment Ruben Grijalva, Fire Chief Carl Yeats, Administrative Services Director REPORT COORDINATOR: LYNNE JOHNSON, Assistant Police Chief CITY MANAGER APPROVAL: EMILY HARRISON, Assistant City Manager CMR:236:99 Page 6 of 6