CC Resolution 11094
RESOLUTION NO. 11094
A RESOLUTION OF THE CITY OF CAMPBELL CITY COUNCIL
APPROVING CITY COUNCIL POLICY ESTABLISHING
PROCESS AND PROCEDURE FOR CODE ENFORCEMENT IN
THE CITY OF CAMPBELL
WHEREAS, The City of Campbell operates under a set of rules and regulations
established in its Municipal Code; and
WHEREAS, These regulations are intended to protect the public's health, safety and
welfare and provide a certain quality of life for its residents, businesses and its visitors; and
WHEREAS, The City's Strategic Plan states as a goal of having a safe, clean,
comfortable and healthy environment as well as attractive residential neighborhoods and
commercial districts.
NOW, THEREFORE, BE IT RESOLVED, that the City of Campbell City Council
approves the attached policy establishing procedures and process for code enforcement in the
City of Campbell.
PASSED AND ADOPTED, this 20th day of October, 2009 by the following roll call
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council members
Council members
Council members
Council members
Kotowski, Furtado, Baker, Low, Kennedy
None
None
None
APPROV
r:\code enforcement\code enforcment reso.doc
Code Enforcement Policies
I. Purpose and Intent
The Code Enforcement Program is intended to achieve compliance to the Municipal
Code and Zoning Ordinance in an efficient and fair with an emphasis on cooperation
and education. It is necessary to achieve code compliance so as to ensure the
enjoyment of property by all, to sustain property values and to satisfy the community
goals as stated in the City's Strategic Plan for a "safe, clean, comfortable and healthy
environment" and "attractive residential neighborhoods and commercia/ districts."
This policy is established so as to provide clear direction to staff and the community
as to process of code enforcement and the approach to achieving compliance.
II. Enforcement Polices
A. Health and safety violations that have been determined by the Building Official
to present an immediate or possible threat to the health and safety of the
community shall be the highest priority in attaining swift compliance. This may
require the streamlining of the Enforcement Procedures from time to time to
ensure the public's safety. Examples of violations that fall into categories
Priority 1 and 2 include, but are not limited to:
Priority 1
· Unsecured swimming pools
· Raw Sewage
· Serious substandard housing
· Unsecured refrigerator
· Exposed wiring posing an immediate fire danger
Priority 2
· Traffic sight obstructions
· Garbage or "Hoarder" dwelling creating a possible health hazard
· Polluted swimming pools
· High weeds during fire season
· Unlawful dwelling occupancies
Priority 3
· Zoning Code violations including illegal signs
· Property maintenance issues/public nuisance
· Illegal fences
· Garbage complaints
· All other non-urgent matters
B. Code enforcement in residential zones will generally be reactive on a complaint
basis, except for health and safety code violations or when discovered by an
inspector during the course of his or her duties.
C. Anonymous complaints will generally not be acted upon in residential zones,
except related to verifiable health and safety code violations.
D. Code enforcement in commercial zones will be proactive as well as reactive.
III. Enforcement Procedures
The following procedure for enforcement is intended to serve as a general guideline
for processing complaints regarding the violation of the municipal code and zoning
regulations. While each complaint has unique features and may necessitate slightly
differing compliance periods, the sequence of actions and general approach shall be
consistent with this policy.
A. Upon receipt of a complaint by the Code Enforcement Officer, the person filing
the complaint will be contacted by City staff within two business days.
B. Within three business days of receiving a complaint, City staff will attempt to
contact the offender either by phone, personal visit or by written letter.
C. Upon verification of a violation, generally anywhere from 3 days to 30 days will
be provided to either correct the violation or depending upon the complexity of
the violation, move toward substantial compliance.
D. At the conclusion of the compliance period, a follow up inspection will be
conducted to determine whether compliance has been achieved.
E. If compliance has not been achieved, a second notice is sent stating that either
an administrative citation will be issued or criminal or civil prosecution will be
initiated if the violation is not corrected within a prescribed period of time. This
period of time will be relatively short.
F. If after the prescribed period of time, compliance is still not achieved, one of the
City's citation tools will be employed that results in monetary fines and if
necessary, legal action in cooperation with the City Attorney to achieve
compliance.
These policies are intended to provide general guidance to City personnel. Specific responses
and courses of action may need to vary based on the particular circumstances of each matter.
Failure to follow these policies shall not be a defense to any enforcement action that is carried
out in an otherwise lawful manner.