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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.