TO: Board of Supervisors
FROM: Brian D. Bordona, Director of Planning, Building and Environmental Services
REPORT BY: Shawn Brown, Code Compliance Manager
SUBJECT: Resolution Adding Code Compliance Policy to County Policy Manual
RECOMMENDATION
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Receive a presentation and adopt a Resolution adding Section 12D to Part I of the County Policy Manual setting forth policies and goals governing the Code Compliance Division and direct Code Compliance Staff to maintain a Procedures Manual in accordance with the adopted Policy. (No Fiscal Impact; Discretionary)
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BACKGROUND
The Code Compliance Division (Division) is charged with ensuring compliance with State and Local adopted codes relating to building and zoning requirements, health and safety concerns, property maintenance standards, and other land use laws and regulations. The Division strives to achieve compliance through voluntary action by property owners or occupants and values community engagement through education and public awareness.
In 2017, the Board of Supervisors adopted the code Compliance Policy and Procedure Manual (Manual), which set forth the Division’s policy directives and outlined procedures for staff to follow to pursue compliance. This Manual followed the consolidation of enforcement efforts into a single division within the Department of Planning, Building and Environmental Services (PBES) and was intended to establish uniformity and consistency, since past practices had been fragmented among several departments. The Board acknowledged that revisions to the Manual would require Board approval and expressed a hope that such revisions would be frequent.
In practice, however, the Manual highlighted areas that Division staff believe should allow for flexibility and discretion by the staff members. The Manual identifies specific procedures for carrying out the objectives set by the Board, but does become very granular. For example, the Manual provides the specific process for how cases should be labeled in the case management software, how specific project workflow should occur, and how to document extensions to various deadlines. These are important procedures for Division staff to establish, but should be more flexible, such that changes to these procedures do not require action by the Board of Supervisors.
On December 5, 2023, the Board recieved a presentation from Division staff about the Code Compliance program, which included a discussion about a future proposal to establish clear policy directives, goals, and priorities from the Board, while allowing the Division to have the flexibility to adapt the program to meet those declared goals and objectives.
Staff recommends the adoption of the proposed Resolution, which would add a new chapter to the County’s Policy Manual addressing the Code Compliance program. The new Policy Manual, Chapter 12D of Part I, would include the following four items:
1. A clear statement of the purpose of the Code Compliance Division, the County’s goals for the program, and the overall approach that the Division should take to enforcing the various codes. This will include a statement that the primary goal is voluntary compliance, that staff should be professional and customer-service oriented, and that the program is complaint-driven.
2. A specific delegation of authority and discretion to the Director of PBES. This is implied in the Chapter 1.20 of the Napa County Code, but a clear statement of authority will assist the Director in making decisions about which cases to pursue and which methods to use to ensure that the program is effective and responsive to the needs of the community. Such a delegation is bound by the stated policies and priorities, as well as the law applicable to code compliance actions.
3. A clear statement of priorities that Division staff can use to determine which cases warrant the expenditure of its limited resources. This will guide staff in determining the most appropriate, efficient, and necessary manner to resolve each violation that they discover.
4. A commitment to the safety and security of Division staff in a field that puts County employees in the front line of issues that can illicit an emotional response from the public. State law requires standards for code compliance officer safety and this would meet that requirement, while also establishing safety as a key priority for the County. This would also require a level of safety training to ensure that Division staff have the resources and training to be safe in every situation.
The proposed Resolution would adopt the Code Compliance Division Policy Manual and would instruct the Division to maintain and update a Policy and Procedures Manual that conforms to the adopted policies. The existing Policy and Procedures Manual would remain in operation until it is revised, updated, or replaced by a new policy.
Staff recommends adoption of this Resolution.
Requested Action:
1. Staff Report
2. Public Comments
3. Motion, second, discussion and vote on the item.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it currently budgeted? |
No |
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Where is it budgeted? |
N/A |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Provides guidance to Code Compliance Division and allows flexibility to ensure Code Compliance adapts to the needs of the community. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
N/A |
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Consequences if not approved: |
Consequences if not approved: The existing Policy & Procedures Manual will remain in effect but would require Board adoption of any amendments or changes, including changes to granular case management procedures of the Code Compliance Division, continuing to limit the flexibility of the Division to adjust procedures that are not working. Further, the Division will continue to have difficulty prioritizing cases based on the two-class system set forth in the existing manual. |
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Additional Information |
N/A |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.