HomeMy WebLinkAboutCode Enforcement Manual UpdateDeschutes County
1300 NW Wall Street, Ste. 200 Bend, OR 97701-1960
Phone (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
NEWS RELEASE CONTACT: Lori Furlong, (541) 317-3122
Bend, Oregon August 14, 2014
Code Enforcement Policy and Procedures Manual Public Hearing
Wednesday, August 27, at 10:00 a.m.
The Deschutes County Board of Commissioners will hold a public hearing on the Community
Development Department's Code Enforcement Policy and Procedures Manual update on
Wednesday, August 27, at 10:00 a.m. at the Barnes/Sawyer Room (1300 NW Wall Street, Bend).
The mission of the County's Code Enforcement Program is to protect the health and safety of the
County's residents and visitors, and the livability of the community, by assuring compliance with the
County's land use, environmental, construction and solid waste codes. The program focusses on
voluntary compliance.
The existing Code Enforcement Policy and Procedures Manual was developed in the mid-1990s,
adopted in 1996, and amended in 1997. The purpose of this review is to update the Manual to reflect
current practices and revisit long-standing program policies such as requiring a signed complaint and
an emphasis on voluntary compliance.
An electronic copy of the proposed Manual update is available on the internet at
www.deschutes.org/cdd , and a hard copy of the document is available at the Community
Development Department, 117 NW Lafayette Avenue, Bend.
For more information about the Code Enforcement Procedures Manual Update and Code
Enforcement operations in Deschutes County, please contact the Deschutes County Community
Development Department at (541) 388 -6575.
For more information, please contact Deschutes County Administrative Manager Lori Furlong at
(541) 317-3122 or by email, LorLFurlong@deschutes.org. #
Deschutes County Government provides for the safety, security and health of Deschutes County's 160,000
citizens through public safety, human services, adult and juvenile corrections and many other valuable public
services. For more information, please go to www.deschutes.org .
Deschutes County encourages persons with disabilities to partiCipate in all programs and
activities. This event/location is accessible to people with disabilities. If you need accommodations
to make participation possible, or to request this information in an alternate format please call
(541) 330-4640, or send email to anna.johnson@deschutes.org .
Deschutes County
Community Development Department
Code Enforcement Policy and
Procedures Manual
August, 2014 DRAFT
DC 20 4 48?
-----DATED this day 4 for the
Deschutes County Board of Commissioners.
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ALAN UNGER, Commissioner
ATTEST:
Recording Secretary
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TABLEOFC~N;~~~O~TE N TS ~----~··~-------
PR EFA CE ..•......•....•.....•.........................•...........••......•..•••......................•.....•.•.•.......•...........•......••..•......• 3
I. MiSS iON ...................................................................................................................................... 4
II . PURPOSE ..................................................................................................................................... 4
III. INTERPRETATION ........................................................................................................................ 5
IV. CODE ENFOR CEMENT PHILOSOPHY ............................................................................................. 5
A. Enforcement Levels ..................................................................................... ............................................ 5
B. Sequence of Enforcement ...................................................................................................................... 5
C. Criteria for Choosing Level of Enforcement ........................................................................................... 5
V . PRIORITIES FOR COD E ENFORCEMENT ......................................................................................... 6
A. Priority Cases ............................................................................................................................. .............. 6
B. Lower Priority Cases ......................... ................................................................................ ....................... 6
C. Sol id Waste .............................................................................................................................................. 7
V I. APPLICABILITY ............................................................................................................................. 7
VII . INITIATION OF CODE ENFORCEMENT ........................................................................................... 7
A. Ci ti zen Complaints ...................................... , ............................................................................................ 7
B. Observation by Code Enforcement Staff ............................................................................................... 8
C. Proactive Code Enforcement .................................................................................................................. 9
D. Permit/Approval Cond ition Monitoring by COD Staff ............................................................... ............ 9
E. Report by County Staff ............................................................................................................................ 9
F. Report by County Commissioner ......................................................................................................... 10
G. Information from Offic ial County Records ................................................................................ ........... 10
VIII . RECOR D ING COMPLAINTS .......................................................................................................... 10
IX . NOTICE OF INVESTI GATION ........................................................................................................ 10
X. INVESTIGATION .......................................................................................................................... 11
A. Prelim i nary Matters ............................................................................... ............................................... 11
B. Establish ing the Elements of a Violation .............................................................................................. 11
C. Assignment of Investigation and Enforcement Responsibility ........................................................... 12
D. Field Investigation .............................. ................................................................................................... 12
E. Report of Field Investigation ........... ..................................................................................................... 13
XI. ENFORCEMENT PROCEDURES ..................................................................................................... 14
A. Vo l untary Compliance ........................................................................................................................... 14
B. Notice of Violation ................................................................................................................................ 15
C. Citation and Complaint ......................................................................................................................... 16
D. Inj unctions ............................................................................................................................................. 17
E. Permi t Revocation .......................................................... ....................................................................... 18
F. Nuisance Abatement ............................................................................................................................ 19
G. Dange r ous Build ing Abatement ........................................................................................................... 19
H. Investigative Fees ............................................................................................................................... '" 19
I. Restr icting Issuance of Development Permits ..................................................................................... 19
J. Assisting Enforcement by Other Regulatory/licensing Agencies ....................................................... 21
K. Civil Penalties ......................................................................................................................................... 21
L County Cost Recovery ........................................................................................................................... 22
M . Uens .................................................................................... , .................................................................. 22
XII . RESOLUTION OF COD E COMPLAINTS .......................................................................................... 22
XIII . AMENDMENTS ........................................................................................................................... 23
Code Enforcement Procedures Manual
PREFACE , -",---. ",' ~ :. ri " -r-",
_ _ _ • • ---i
Code enforcement in Deschutes County is a high priority for the Board of County Commissioners
("Board"). In August 1994, the Board established the Deschutes County Code Enforcement Task Force to
study County Code Enforcement, to recommend improvements to the program and to identify
statutory or County Code changes that may be required to increase the effectiveness of County Code
enforcement. The task force included citizens, representatives of the construction and real estate
industries, representatives of the state court system and law enforcement, County Legal Counsel,
managers of the County's Community Development Department ("CDD") and the County's Code
Enforcement staff.
The task force met three times during 1994. In January of 1995, they presented a report to the Board
containing their recommendations. The Board accepted those recommendations, and directed County
staff to begin to implement them. Among the recommendations was the development of a County Code
Enforcement policy and procedures manual.
The key task force recommendation in 1995 was the Implementation of a more "proactive," or
County-initiated, Code Enforcement program . Such a program would begin simultaneously with adoption
of the manual and would apply to County Code violations occurring on or after the effective date of the
manual. This recommendation effectively created a two-pronged approach to code enforcement
somewhat different policies and procedures for violations occurring before, and after, the effective date of
the manual. The intent of this approach was both to increase code enforcement after giving the
community ample notice of the County's new, "tougher" enforcement policy, as well as to set enforcement
priorities and manage the County's Code Enforcement workload in a manner that is realistic, clear and
credible to the community, The original policies and procedures manual reflected this new approach,
The County amended the manual In 1997 to reprioritize the criteria in Section V and to reclassify and
add enforcement staff. Since then, the County added Deschutes County Code ("DCC') Chapter 1.17 to
adopt the required administrative hearings process required by ORS 455.157 adopted by the State
Legislature in 2009 for building and specialty code violations. The County also amended Chapter 1.16 to
add an additional injunctive remedy once a violation is cited into Circuit Court.
In 2014, COD staff reviewed the manual and suggested changes to the Board, which reviewed the staff
-proposed changes and made additional revisions .
Prior to the 1995 manual, code enforcement was primarily reactive, generated by complaints.
However, the complaint-driven system was not effective by itself in stemming the tide of County Code
violations in the County, With the adoption of the original manual, COD staff, with the assistance of
County Legal Counsel, law enforcement and the court system, and within available resources, was
able to undertake more proactive efforts to identify County Code violations and to obtain
compliance, along with responding to citizen complaints .
Code Enlorcement Procedures Manual
Similar to t he 1995 manua l, t he proactive efforts under this 2014 manua l w i ll focus on the following
areas :
L'1 Ti mely mon itoring and enforcement by County staff of permit and approval conditions;
L'1 Revocation of permits for non-compliance;
L'1 Abatement of nuisances and dangerous buildings;
If allowed by the DCC, restri cting issuance of perm its on property with uncorrected County Code
violations;
L'1 Assisting in related code enforcement by other agencies; and
L'1 Civ il procedures to obtain compliance and to recover the County's code enforcement costs
The Board be lieves the policies and procedures in this manual will enhance code enforcement and
thereby the quality of life in the County.
I. MISSION
The mission of Code Enfo rcement in Deschutes County is to protect the health and safety of the
County 's residents and visitors, and the l ivab i lity of the commun ity, by assuring compliance w ith the
County's land use, environmental and construction codes . The County will assure County Code
compliance both by encouraging voluntary compliance and by sanctioning code violators who do not
comply.
II. PURPOSE
The purpose of the Deschutes County Code Enforcement Policy and Procedures Manual (hereafter
"manual ") is to provide written guidelines for:
A. The prioritization of code enforcement cases;
B. In itiation and investigation of code violation comp l aints;
C. Enforcement of the County Code through voluntary compliance;
D. Prosecution of code violators who do not comply;
E. Sanctioning of code violators and the assessment of fines and penalties; and
F. Recovery of the County's investigation and enforcement costs .
These written guidelines are intended to increase consistency and pred ictability within the County's
Code Enforcement program, and to educate the County 's citizens and property owners about code
enforcement and the consequences of violating the County Code.
III. INTERPRETATION
This manual describes the standard policies and procedures for code enforcement, and should be
interpreted so as to maximize both the efficiency of County Code enforcement and compliance with
County Code . This manual should be followed unless otherwise directed by the Director of the CDD or the
Board of County Commissioners ("Board").
IV. CODE ENFORCEMENT PHILOSOPHY
Policy . The County's policy is to enforce compliance with County Code in all cases of reported and
verifiable code violations . However, the County has limited code enforcement resources . Consequently,
the County has established , through this manual, both a priority ranking for code enforcement and
procedures designed to maximize available code enforcement resources . Code Enforcement should follow
the priority ranking set forth in Section V of this manual. It also should be flexible enough to allow the level
of enforcement that best fits the type and circumstances of the code violation(s), within clear and
objective criteria set forth in this manual and consistent with the priorities.
A. Enforcement Levels . The levels of enforcement available to the County are:
1. Mediated settlement of code violation complaints;
2. Notice of violation (hereafter "NOV");
3. Double-fee permits required for code compliance;
4 . Obtaining voluntary compliance;
5. Sheriffs Office warning;
6. Permit revocation;
7. Citation and prosecution of violation in state court;
8. Civil penalties through County administrative hearings;
9. Dangerous building abatement;
10. Petition for injunction in circuit court;
11 . AsSisting in enforcement by other regulatory and licensing agencies;
12. Restricting issuance of permits on property with uncorrected code violations;
13 . Nuisance abatement;
14. County cost recovery .
B. Sequence of Enforcement. The levels of enforcement are not mutually exclusive, and may be
used alone or in sequence or combination with other levels . However, in most code violation cases , the
County will use the code enforcement levels in the sequence they appear in Paragraph A.
C. Criteria for Choosing Leve l of Enforcement. Some code violation cases may have aggravating
circumstances requiring a different sequence for enforcement activity than that set forth in Paragraph A.
The County may choose a different sequence if one or more of the following circumstances is present:
Code Enforcement Procedures Manual ~~------------------------------------~~----~
1. The code violation is severe (e.g., deviates greatly from the Code);
2. The violation poses a significant threat to public health and safety, or to the environment;
3. The violation may cause economic harm to individuals or to the County as a whole;
4. The physical size or extent of the violation is significant;
S. The violation has existed uncorrected for a significant period;
6. There is a previous history of complaints and code enforcement on the subject property and/or
with the alleged code violator;
7. There is good potential for combining enforcement action on the violation with other violations;
8. The relative benefit of code enforcement outweighs its cost;
9. There is good potential that the vlolation(s) can be established and successfully prosecuted; and
10 . There is little likelihood of obtaining voluntary compliance.
V. PRIORITIES FOR CODE ENFORCEM
Policy. County staff shall attempt to investigate and resolve all code violations within budget and
staffing restraints. However, because of limited code enforcement resources, there may be times when all
code violations cannot be given the same level of attention and some code violations may receive no
attention at all .
In circumstances where not all code violations can be investigated, the most serious violations, as
determined under the priorities set forth in this section and the criteria for enforcement in Section IV(C) of
this manual, should be addressed before the less serious violations are addressed, regardless of the order
in which the complaints are received. However, complaints alleging both priority and non-priority
violations should be processed together to maximize effiCiency.
A. Priority Cases . The Board has established the following priorities for CDD code violations:
1. Violations that present an imminent threat to public health and safety;
2. Violations affecting rivers, streams and/or adjacent riparian areas;
3. Solid Waste Code violations and Building Code violations consisting of ongoing non-permitted
construction or failure to obtain permits for construction started after the effective date of
this manual;
4. Land use violations .
B. Lower Priority Cases .
Policy. Complaints alleging code violations that do not fall within the priority ranking above should
be processed in the order in which the complaints are received, and as Code Enforcement
resources allow.
Exception. At the discretion of Code Enforcement staff, complaints may be processed in any order
that maximizes the efficiency of enforcement.
Code Enforcement Procedures Manual
Procedure. All complaints concerning a particular type of code violation (e.g., non-permitted
manufactured homes in manufactured home parks), or all complaints of violations occurring in a
particular geographic area, may be processed together, regardless of the order in which the
complaints are received.
C. Solid Waste. The County Solid Waste Department may engage any other County Department/
Office to administer its Code Enforcement program for County solid waste code violations.
VI. APPLICABILITY
Policy. This manual applies to all code enforcement carried out by COD, its employees and agents .
Except as otherwise provided, the policies and procedures i n this manual apply to all alleged code
violations whether or not they existed or were known by the County on the effective date of this manual.
The policies and procedures in this manual supersede any conflicting County policies and procedures .
Non-Applicability to Covenants, Conditions and Restrictions . Many subdivisions and planned
communities are subject to private, recorded covenants, conditions and restrictions (CC & Rs). The
County's policy is not to enforce private CC & Rs.
Non-Applicability to Private Legal Action. Otizens may undertake private legal action to enforce
County Code, including civil li tigation against the alleged code violator, as well as personally filing citations
and prosecuting County Code violations in court. The policies and procedures in this manual do not apply
to private legal action to abate violations . Neither should they be interpreted to suggest that the County
will participate in such private legal action.
VII. INITIATION OF CODE ENFORCEMENT
Code enforcement may be initiated by any of the following methods:
A. Citizen Complaints. Any person may make a complaint to the County alleging one or more code
violations .
1 . Form . A citizen may initiate a complaint by submitting a letter to COD, completing the
complaint form approved by the County and available online, or by contacting COD . If a
citizen submits a complaint by phone or written communication other than a completed
complaint form, County staff shall complete the complaint form. If the County receives a
written complaint other tha n the County-approved complaint form, the written complaint
shall be attached to a complaint form completed by County staff. To be investigated, a citizen
complaint must contain all information required on the complaint form .
Code Enforcement Procedures Manual
------------------------------------------~----~
2. Anonymous Complaints
Policy. The County's po li cy is to not accept anonymous County Code violation complaints.
The County believes that anonymous complaints are not as reliable as those made by
complainants who ar e w ill ing to identify themselves. In add ition, in many cases, the
complainant's identification and t estimony in court may be necessary for successful prosecution
of Code violators and Code Enforcement.
Exceptions. The County r ecognizes there may be cases justifying an exception to this policy.
These are cases where the nature of an anonymous complaint reliably suggests the existence of
code violations presenting an imminent threat to public health and safety or to the environment,
which threat easily may be verified by County staff. In such cases, as determined by the COD
Director or deSignee, County staff shall accept the anonymous complaint and investigate it.
3. Confidentiality
Policy. The County's policy Is to ma i ntain the confidentiality of Code Enforcement complaint
files and computer records, including the identity of the comp lainant, to the extent legally
possible . The County be li eves it is important to maintain this confidentiality to assure effective
investigation and prosecution of code violations. In addition, the County recognizes that some
comp lainants do not want their names disclosed to the alleged code violator for fear of
retaliation . However, i n some cases it may be necessary for successfu l prosecution and
enforcement for the complainant to be identified and to testify in court.
Excep tions. In cases where the County chooses to cooperate with, or defer to, federal or
state agencies for code enforcement, the contents of the file may be disclosed, as necessary, to
the other agency .
Procedure. In order to ma i ntain the confidentiality of Code Enforcement complaint files and
the identity of the complainants, while assuring effective prosecution and enforcement and
compliance with state law, the following procedures apply.
a. Code Enforcement fi les will be mainta ined as confidential files throughout
investigation, violation prosecution and/or other types of code enforcement to the
extent legally permiss ible.
b. The contents of Code Enforcement files w ill not be disclosed to anyone other than
County staff who have a reason to know about and who are involved in the investigation,
or to simi lar staff of an agency with wh ich the County is cooperating. The contents of the
file will not be disclosed to any other person absent court order, until: 1) the
investigation is complete and a citation discovery request is made; or 2) the file is closed
and disclosure is made pursuant to the public records law.
B. Observation by Code Enforcement Staff. Code Enforcement staff often observe
additional potential County Code violations while conducting complaint investigations . Such observations
may form the basis for additional investigation and enforcement action .
Policy. The County's policy is that Code Enforcement staff document any potential code violations
the staff observes on property that is the subject of their current investigation . Code Enforcement
staff shall investigate documented additional potential violations. If substantiated , staff may
address noted additional violations. Staff may also document and address code violations
observed on any property adjacent to the subject property, which violations are observab le from
the subject property.
Code Enforcement Procedures Manual
C. Proactive Code Enforcement. Within available code enforcement resources, the County may
undertake a number of County-initiated procedures for proactive code enforcement. These procedures
may include:
1. Investigations and prosecutions of code violations in particular geographic areas;
2. Investigations and prosecutions of code violations of a particular type throughout the County;
3. TImely and regular follow-up by COD staff for compliance with conditions and requirements
for permits and approvals;
4. Reporting by County staff of code violations observed while conducting County business;
5. Examination and comparison of County files for evidence of code violations;
6. Revocation of permits and approvals for failure to comply with requirements or conditions;
7. If County Code allows, restriction on issuance of development permits on property with
uncorrected code violations;
8. Cooperation with code enforcement by other regulatory and licensing agencies; and
9. Cooperation with utility companies to terminate service, to the extent authorized by law, to
non-permitted uses on property.
D. Permit/Approval Condition Monitoring by COD Staff. The County routinely issues land use,
environmental and construction permits with a variety of requirements and conditions, and timelines for
meeting them. For example, a land use approval may require landscaping the site by a certain date, and
building permits expire if construction progress and inspections are not made within periods set by
state law. Code violations occur when these permit and approval conditions are not timely met.
Policy . The County's policy is that COD staff may conduct timely and regular monitoring of
conditions of approval and similar permit requirements for all permits and approvals.
Procedure
1. All persons issued permits or approvals shall be given written notice of the consequences of
failure to comply with requirements and conditions, including potential code enforcement.
2. If any permits and approvals are found not to be in comp liance with conditions of approval or
other permit requirements, staff in the appropriate COD division assigned to the permit or
approval monitoring shall undertake appropriate action to obtain compliance.
3. If the assigned COD staff are unable to obtain compliance within a reasonab le time
established for that purpose, they shall report the violation to Code Enforcement and shall
notify Code Enforcement staff of any enforcement action already taken.
4. Upon receipt of staff notification of non-compliance the case may be forwarded to Sheriff's
Office for citation pursuant to Section XI.C of this manual.
E. Report by County Staff. In many cases, County staff may be in a unique position to observe
potential code violations . For example, a property appraiser in the Assessor's office may be the only
person able to observe new construction for which there is no permit .
Policy . Any County staff member may report to Code Enforcement staff possible Code violations
observed while conducting County business.
Procedure . Reports by County staff unde r this subsection sha ll be made on a complaint form
provided by COD Code Enforcement Staff.
F. Report by County Commissioner. A member of the Board may report a potential code violation,
or may request that Code Enforcement staff investigate a citizen report of a potential code vi olation . The
comm iss ioner may complete a compl aint form or report the alleged violation in any other written form. If
a Board member submits a written report other than a complaint form, that r eport shall be attached to a
compla i nt form completed by Code Enforcement staff.
G. Information from Official County Records. Potential code violations may be discovered by
examining the County 's own officia l records. For example, cross-referenc i ng between the Assessors
records and COD 's records may revea l construction or land use activity without necessary permits or
approvals . COD staff may also discover code violations by comparing the County's own land use ,
environmental health and construction permit records with each other.
Policy. COD staff may regularly compare all pertinent County records to identify potential Code
vi olations.
Procedure. Code violations di scovered through comparison of information in County fil es shall be
reported to Code Enforcement on a compla i nt form .
VIII, RECORDING COMPLAINTS
All complaints received by Code Enforcement shall be recorded i n COD's computer system . The
Complaint Record is the official record of the complaint and its investigation and reso l ution. The
Complaint Record shall include the followi ng minimum information :
1. An assigned complaint number;
2. The tax map number and tax map for the subject property;
3. Wh ich Code Enforcement staff is assigned to the case ;
4. The comp laint form;
5. Documentation of investigation;
6. Assessor 's information on the subject property.
IX. NOnCE OF INVESTIGATION
When Code Enforcement initiates investigation , it may provide notice to any COD division, other
County department, or federal or state agency that may have an interest in the alleged code violation.
o Code Enforcement Procedures Manual
X. INVESTIG~A~T~I~O~N=~::::::==~;;~===~==========J
A. Preliminary Matters . At the beginning of each investigation, the following shall be established:
1. Jurisdiction. The property upon which the alleged code violation has occurred must be land
over which the County has code enforcement jurisdiction.
2. Zoning . The zoning of the subject property shall be determined.
3. Permit Status. The status of any land use, environmental health, construction or other similar
permits on the subject property shall be determined .
4. Property Ownership . All persons with a recorded legal interest in the subject property should
be identified. These persons should include the owners, contract purchasers, lessees and
lienholders or other security interest holders .
5. Other Potentially Responsible Persons . In addition to the persons listed in subparagraph 4 of
this paragraph, any other persons potentially responsible for the alleged code violation(s)
should be identified. These persons could include tenants, construction and landscape
contractors and excavators.
6. Identification of Applicable Code Provisions . The Code Enforcement staff, with the assis
tance of other COD staff and County Legal Counsel as necessary, shall identify the pertinent
provisions of the County Code that may have been violated according to the complaint.
7. Prior Complaint History. The Code Enforcement staff shall examine COD records to
determine the existence and status of any prior or existing code violation complaints on the
subject property or concerning the alleged violator.
B. Establishing the Elements of a Violation. Before a Notice of Violation ("NOV") is sent, it must be
determined whether the complaint, if true, establishes a code violation . If it does not, the case should be
resolved by file closure as provided in section XII of this manual.
The Code Enforcement staff, with the assistance of other COD staff and County Legal Counsel as
necessary, and after any necessary field investigation, shall determine if the following elements have been
established.
1. Responsible Person . The person or persons who are reasonably believed to have committed
the code violation, or who are or may be legally responsible for the alleged code violation,
have been identified.
2. Alleged Violation Occurred or is Occurring . A complaint may allege a code violation that
occurred in the past (e.g., construction without a permit) or that occurs only intermittently
(e.g., surfacing sewage from a drain field, or periodic non-permitted commercial activity in a
residential zone). Code Enforcement staff shall determine whether there are reasonable
grounds to believe the alleged violation occurred or is occurring. Such grounds may be
established either by personal observation by Code Enforcement staff or by reliable evidence
from a complainant.
If Code Enforcement staff determines that reasonable grounds do not exist, no enforcement
action should be taken until the complainant or the Code Enforcement staff has had a
reasonable opportunity to develop such grounds . If no reasonable grounds are developed
within a reasonable period, the case should be resolved by file closure as provided in
Section XII of this manual.
Code Enforcement Procedures Manual ----------------------------------------~~--~
C. Assignment of Investigation and Enforcement Responsibility
Policy. The responsibility for field investigation and code enforcement should be assigned to the
CDO staff most able and qualified to conduct the Investigation and undertake appropriate
enforcement action. For examp le, alleged violations of environmental health codes may best be
investigated and reso lved by County Sanitarian . However, all code enforcement activity should be
coordinated with Code Enforcement staff and all NOV's and Voluntary Compliance Agreements
(VCA) will be drafted by Code Enforcement staff.
Procedure
1. Assignment. Assignment of field investigation and Code Enforcement responsibility shall be
made by the CDO Director, on a case-by-case basis or pursuant to standing policies in this
manual or elsewhere . The following cr iteria shall be used for assignment of responsibility:
a. The nature of the code violation(s) alleged in the complaint;
b. The knowledge and expertise needed to investigate the alleged violation;
c. The history of pr ior code enforcement on the subject property or with the alleged
vio lator;
d. The status of permits and approvals on the subject property; and
e. the workload of the relevant COO division staff and the projected time line for
investigation and resolution of the complaint.
2. Coordination . Whenever responsibility for Code Enforcement activity is assigned to COD staff
other than Code Enforcement staff, such staff shall consult with Code Enforcement staff and
keep them advised of their activities . When COD staff other than Code Enforcement staff is
assigned to investigate a code violation complaint for which a Complaint Record has been
created, such staff shall enter Into the record a report of any action undertaken to investigate
or to obtain compliance.
D. Field Investigation
1. Purpose . The purposes of Code Enforcement field investigation are:
a. to verify the existence and severity of code violations;
b. to document code violations by means of written notes, photographs, witness interviews,
etc .;
c. to obtain supporting evidence such as photographs, measurements, names and
statements of potential witnesses, etc.
2. Coordination. Whenever responsibility for field investigation is assigned to COD staff other
than Code Enforcement staff, the coordination and notification described in Paragraph C(2) of
this section shall occur.
Code Enforcement Procedures Manual 2
3. Preparations and Precautions
Policy. Code Enforcement staff and other assigned COD staff, as well as members of the
publ i c, should not be exposed to unreasonable risks of violent confrontation or i njury during
the course of field investigations. Code Enforcement staff and other ass igned COD staff shall
take whatever actions are reasonable and necessary to minimize the known risk of vi olent
confrontation or i njury to themselves or others in conducting the ir field i nvestigations.
Procedure
a. law Enforcement Assistance. When appropriate, Code Enforcement staff or other
ass igned COD staff should contact the Sheriffs Office to determine if there have been
prev ious criminal complaints or investigations concerning the subject property or alleged
code violator, and whether, in the opinion of the Sheriffs Office, a field
investigation would present any threat to the safety of Code Enforcement staff, other
staff, the alleged code violator or other persons present during a field
investigation . Code Enforcement staff or another assigned COD staff person may
request law enforcement assistance in conducting the field investigation, and may
postpone such investigation until law enforcement assistance is ava i lable .
b. Announced/Unannounced Field Visits. At the discretion of Code Enforcement staff or
other assigned COD staff, a fie l d visit to the vicinity of the subject property may be
conducted with or without prior notice to the property owner, occupant or alleged code
violator. The determination of whether or not to give prior notice shall be made on the
basis of the following criteria :
1. The nature of the alleged violation;
2. Whether or not pri or notice will make detection and documentation of the
alleged violation more difficult; and
3. Whether or not prior notice will unnecessari ly increase the known risk of violent
confrontation or in j ury to Code Enforcement staff or other ass igned COD staff.
c. Entering Upon Property or Premises
Policy. It is the County's policy that Code Enforcement staff and other assigned COD staff
shall not enter upon private property or premises to conduct a field i nvestigation without
authority to enter .
Procedure. Code Enforcement staff may enter unposted property to seek permission to
investigate on the prem ises . Unless permission is granted , the investigation shall be
conducted from public roads or property where permiss i on to enter has been granted . If
Code Enforcement staff or other assigned COD staff does not have permission or
other authority to enter upon property or premises, and entry upon the property or
premises is necessary to conduct the investigation, Code Enforcement staff or other
assigned COD staff shall consult with County Legal Counsel about obtaining a search
warrant
E. Report of Field Investigation . Upon completion of the field investigation, Code Enforcement staff
or other assigned COD staff shall complete a report of investigation in the Case Record . The report shall
include the following information:
Code Enforcement Procedures Manual
1. Name of investigator;
2. Dat e, time and place of fie ld visit ;
3. Code violation(s) observed;
4. If no code violation(s) observed , an explanation;
5. Witnesses, if any, interviewed;
6. Evidence , if any, obtained (e.g., photographs);
7. Discuss ion , if any, of violation w ith owner, occupant or other respons i ble person;
8. Action necessary, if known , to correct violation; and
9. Recommended enforcement action .
XI. ENFORCEMENT PROCEDURES
A. Voluntary Compliance
Policy. The primary objective of COO Code Enforcement is voluntary compliance . Staff
encourages voluntary code compliance by provi ding code violators and other respons ible persons
with information about the County Code and an opportunity to comply w ith the County Code
with in reasonable timeframes and with li ttle or no penalty. The County believes that voluntary
compliance generally is less expensive for all parties and of a more satisfactory and lasting nature
than i nvoluntary compliance .
Notwithstanding this objective, the County believes that allowing Code violators the opportunity
to vo luntarily comply any time during code enforcement, or outside reasonab le time limits for
such compliance, may actually result in abuse of this opportunity in order to delay compliance .
Therefore, it is the County's po licy to limit the time frame during which Code violators may come
into voluntary compliance with littl e or no penalty.
Procedure
The following procedure shall apply whenever a code violator brings his or he r prope rty into
compliance during the code enforcement process :
1. Compliance Timing and Staff Response
Timing of Compliance Disposition
After complaint/ before citation File closed . Application of permit
Investigative fees where applicable .
After citation/before trial or
hearing before hearings officer
COD recommends dismissal of citation, no cost
recovery, application of permit investigative
fees where applicable .
At time of trial or hearing
before hearings officer
CDD recommends prosecution,
conviction or guilty plea , maximum fine or civil
penalty, injunction, cost r ecovery , application of
permit investigative fees where applicable .
11~ Code Enforcement Procedures Manoa
2. Limited Time Frames . Opportunities for voluntary compliance, where provided, shall be of
limited duration. The facts in each case differ. Therefore, Code Enforcement staff shall
consider the appropriate time frame for compliance on a case-by-case basis .
3. Time Extended by Voluntary Compliance Agreement. Following the issuance of a NOV, if the
alleged violator admits the violation(s) and requests extended time for voluntary compliance,
the alleged violator shall sign a "Voluntary Compliance Agreement in a form acceptable to the
County ." The agreement shall provide that, in exchange for the extended time for voluntary
compliance, the alleged violator agrees to abate the violation(s) by a specified time, and, if
voluntary compliance is not obtained during this extended time, to waive hearing in any
subsequent violation proceeding and consent to entry of judgment and imposition of
penalties, costs, injunction, and/or such other relief as is deemed appropriate.
B. Notice of Violation
1. When Sent . When Code Enforcement staff or other assigned COD staff determines there are
reasonable grounds to believe a violation did or does occur, based upon the information in
the complaint and any field investigation, an NOV shall be sent on a standard form
approved by the COD Director or in a letter or notice sent by the appropriate COD division staff.
2. To Whom Sent. A NOV shall be sent to all persons liable for the violation under Deschutes
County Code.
3. How Sent. NOVs shall be sent by certified mail to the best available address for the persons
described in Subsection 2 above .
4. Follow Up . If, within 15 days of the mailing of the NOV, the liable persons have not contacted
Code Enforcement staff, Code Enforcement staff shall determine the next step in the code
enforcement process, including warning and/or citation.
5. Compliance . If the Code Enforcement staff determines that the required corrections have
been made or the liable persons have provided evidence that no violation exists, the date and
method of compliance shall be noted in the Complaint Record and the case shall be resolved
by file closure pursuant to section XII of this manual.
6. Corrective Action . In some cases, corrective action may consist of both applying for and
obtaining necessary permits or approvals. In such cases, the permit or approval application
alone will not be sufficient to assure compliance. The liable person must complete the
application process, including all appeals, within a reasonable time and not allow the
application to expire . Once permit approval is obtained, the liable person must complete all
permit conditions prior to the expiration of any permit approval.
Policy. All code violation cases shall remain open until all permit conditions and other required
corrective measures are completed .
Procedure
1. Where the required corrective action consists of both applying for and obtaining permits or
approvals, Code Enforcement staff, in consultation with other appropriate COD staff, shall
determine a reasonable time frame for applying for and obtaining the necessary permits or
approvals.
Code Enforcement Procedures Manual
2. If at any time during the process for obtaining necessary permits or approvals the alleged
violator fails to meet the reasonable timefines established by Code Enforcement and such
failure does not result from the actions of others, Code Enforcement staff shall cite the al
leged violator pursuant to Paragraph C of this section.
3. If the alleged code violator is not granted the necessary permits or approvals, Code
Enforcement staff shall cite the alleged violator pursuant to Paragraph C of this section unless
(al the alleged code violator enters into a written agreement with the County to comply with
the County Code within a time frame established by Code Enforcement staff, or (b) a lender
has begun foreclosure proceedings and, in the opinion of Code Enforcement staff, is likely to
address the violation within a reasonable time after the foreclosure.
C. Citation and Complaint
1. Non-Compliance . Where voluntary compliance cannot be obtained by COD within a
reasonable time frame, Code Enforcement staff may cause a citation to issue or may initiate
administrative enforcement hearing proceedings in accordance with County Code.
2. Field Investigation Required . No citation to state court or citation or notice for
administrative enforcement hearing proceeding shall be prepared unless and until a field
inveStigation has verified the existence of a Code violation.
3. Form . All citations to state court shall be on a uniform citation which conforms to
ORS 153.045 through ORS 153 .051 . Citations or notices for administrative enforcement
hearing proceedings shall be on the form required by County Code.
4. Issuance of Citation . Any person authorized by County Code Section 1.08.025 may issue a
citation . The person issuing the citation must personally observe the conduct or circumstances
constituting a violation.
5. Service . All citations to state court shall be served in accordance with ORS 153.154. Citations
or notices for administrative enforcement hearing proceedings shall be served in accordance
with County Code .
6. Setting Arraignment/Administrative Hearings . For citations to state court, the officer serving
the citation shall set the date for arraignment. For citations or notices for administrative
enforcement hearing proceedings, Code Enforcement Staff shall set the date for the hearing
in accordance with the County Code.
7. Arraignment in State Court
a. Purposes. The purposes of arraignment are to:
1. Allow the defendant to enter a plea to the citation;
2. Resolve any jurisdictional i ssues;
3. Set a trial date if the plea is not guilty; and
4. If the plea is guilty, allow the defendant, the Sheriff's Office Deputy and other County
Code Enforcement staff the opportunity to provide information to the court
regard i ng penalties and related matters.
b. Appearance by County Legal Counsel. County Legal Counsel shall not represent the
County at arraignment unless the defendant has legal counsel at arraignment.
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8. Failure to Appear at Arraignment. If the defendant fails to appear at arraignment, Code
Enforcement staff may request that the court enter a default judgment in favor of the County
and impose penalties against the defendant.
9. Trial. If the defendant pleads not guilty to the allegations in the citation, Code
Enforcement staff shall request that the court set the matter for trial at the earliest available
date.
a. Burden of Proof. The County has the burden of proving at trial, by a preponderance of
the evidence , the allegations in the citation .
b. Responsibility of Code Enforcement Staff. At trial , the responsib i lity of Code
Enforcement staff is to prosecute the case by presenting evidence, calling witnesses and
offering any relevant documents and other exhibits in support of the citation .
c. Appearance by County legal Counsel. County legal Counsel shall not represent the
County at trial unless the defendant is represented by legal counsel at trial.
10. Fines
a. Schedule. The schedule of maximum fines for County Code violations is set forth in DCC
1.16.010.
b. Amount. If the defendant is convicted, Code Enforcement staff shall request that the
court impose a fine in an amount consistent with the County Code.
11. Suspension of Fines. The Orcuit Court has authority to suspend the impOS ition of all or a
portion of a fine . In some cases, the court may wish to suspend imposition of a fine or a part
thereof on the condition that the defendant comply with County Code within a specified time
period .
a. Policy. It is the County's policy to increase the effectiveness of code enforcement activity
and the incentives for code compliance by discouraging any suspension of fines In County
Code violation cases.
b. Procedure. If a defendant is convicted, Code Enforcement staff and/or County Lega l
Counsel shall advise the court of the County's policy against fine suspension and shall ask
the court not to suspend i mposition of fines.
12 . Collection and Distribution of Fines . Fines imposed by the court for County Code violations
are collected by the State Court Adm inistrator and are remitted in part to the County.
a. Policy. It is the County's policy that all fines imposed for County Code violations and
remitted to the County should be used to pay the costs of County Code enforcement.
b. Procedure. All fines imposed by the court for County Code violations and remitted to the
County shall be deposited in the County General Fund and transferred to the COD
Revenue Fund for budgeting and expenditure in the Code Enforcement program .
D. Injunctions
Policy . Code Enforcement staff shall seek injunctions from the court i n cases where other
methods of code enforcement may be inadequate or have been unsuccessful.
Code Enforcement Procedures Manual
Procedure
1. When Sought. Code Enforcement staff may contact County Legal Counsel to obtain/
coordinate injunctions in any case in which:
Code violation(s) present an imminent threat to the public health and safety or to the
environment; or
Code violations have not been corrected within a reasonable time after a defendant was
found by the court or County Hearings Officer to be guilty of a code violation.
2. By Whom. Pursuant to DCC 1.16.040, Code Enforcement staff (or County Legal Counsel if
appearing in the case) may request that the court order injunctive relief and/or
abatement as part of the penalty in a code enforcement proceeding. Alternatively, County
Legal Counsel may initiate a separate legal action for injunctive relief and/or abatement of
a violation.
3. How Enforced. After issuance of an injunction, if the defendant fails to comply within the
time period specified in the injunction, the Sheriff's Office or CDD staff shall request that
County Legal Counsel initiate civil contempt proceedings against the defendant.
E. Permit Revocation. Certain County Codes authorize the revocation of permits or approvals for
failure to comply with their requirements or conditions.
Policy. To maximize code compliance, the County shall revoke permits and approvals to the
extent authorized by law in appropriate cases. Revocation of permits are particularly appropriate
in cases in which corrective action may not be effective in bringing the subject property into code
compliance due to the nature of the violation and the deliberateness of the code violator's
actions in violating the Code.
Procedure
1. Report to Code Enforcement Staff. If the County staff responsible for monitoring and/or
reviewing a particular type of permit determines that the conditions or requirements of a
permit or approval have not been met, that staff member shall inform Code Enforcement
staff of such violation, and Code Enforcement staff shall enter the information in the Code
Enforcement electronic files .
2. Revocation Procedure. The County staff responsible for monitoring and/or reviewing a
particular type of permit shall determine whether to undertake permit revocation
proceedings as authorized under the applicable County Code provisions . The following
factors shall be considered:
a. Whether the criteria for permit revocation set forth in the applicable County Code
provisions exist;
b. The severity of the deviation from the permit or approval requirements or conditions;
c. The deliberateness of the deviation from the permit or approval requirements or
conditions; and
d. Whether compliance can be achieved more effectively through other code enforcement
methods .
• Code Enforcement Procedures Manual ~~~~----------------------------------------~~
F. Nuisance Abatement. Chapter 13 .36 of the Deschutes County Code (hereafter "Code") authorizes
the abatement of County Code violations that are defined as "public nuisances."
Policy . County Code violations constituting public nuisances may be abated pursuant to
Chapter 13 .36 of the Code and within available resources.
Procedure . When County staff discovers or receives a verified complaint of a code violation that
may constitute a "public nuisance," staff shall provide the Information to Code Enforcement staff
who shall enter the information Into the Code Enforcement file. Code Enforcement staff or other
assigned CDD staff may consult County legal Counsel to initiate nuisance abatement proceedings
pursuant to Chapter 13.36 of the Code.
G. Dangerous Building Abatement. Chapter 15.04 of the Code authorizes the abatement of buildings
containing violations rendering them "dangerous buildings" as defined in the Code .
Policy. County Code violations that may render a structure a "dangerous building" shall be
abated pursuant to Chapter 15 .04 of the Code and within available resources .
Procedure . When Code Enforcement staff or other CDD staff discovers or receives a verified
complaint of code violations in a structure that may render the structure a "dangerous building,"
the staff shall provide the information to Code Enforcement staff, who shall enter in the
information into a Complaint Record. The Deschutes County Building Official (hereafter "building
official ") shall be notified and shall promptly consult with County legal Counsel to initiate
abatement proceedings under chapter 15 .04 of the code .
H. Investigative Fees . Certain provi sions of the state building code allow municipalities
administering and enforcing a building inspection program to charge investigative fees for work
commencing without the required permit.
Policy . To maximize the incentives to comply with County Code, the County shall charge
investigative fees, to the extent authorized with law, for permits sought for non-permitted
construction or installation .
Procedure . Whenever County staff discovers or receives a verified complaint of non-permitted
construction or installation, the information shall be submitted to Code Enforcement staff, who
shall enter the information into the Code Enforcement Complaint Record.
To the extent allowed by law, the County shall charge investigative fees for the permit(s) necessary to
comply with the County Code .
I. Restricting Issuance of Development Permits. In some cases, persons apply for land use,
construction and/or environmental soils permits to develop property upon which there already exist
uncorrected County Code violations.
Code Enforcement Procedures Manual ~~~~~----------------------------------------~-----
(Note: Additional County Code and/or statutory authori ty may be needed to allow refusal
to accept permit Dr approval applications or to refuse to issue permits or approvals due to
pending code violations.)
It is the County's po li cy, to the extent authorized by law, not to issue permits or approvals, nor to
renew or extend permits and approvals, for development on any property on which there already exists
uncorrected code violations. The restriction should continue until such vio lations are corrected .
Exceptions
1. l and use, construction and/or environmental health permits, or renewals or extens ions of such
perm its, sought in order to correct existing County Code violations on the subject property shall
be issued if all criteri a for issuance are met.
2. These provis ions shall not apply to the issuance of agricultural building exemptions as set out in
DRS 455 .315. Exemption from t he state structural code for qualifying agriculture build ings shall
be issued if all criteri a for the exemption are met.
Procedure
1. Determination of Existing Violations. Whenever land use, construction and/or
environmental soi ls permits are applied for, or renewals or extensions of such permits are sought,
County staff shall determine if ther e are existing code violations and the status of those violations.
2. Applications for Permits/Approvals
Existing Code Violations. If r eview of County records and/or consultation with Code
Enforcement staff reveals the existence of unresolved code violations on the subject property, to
the extent allowed by law, County staff shall not accept applications for the requested
permit(s) or approvals or renewals or extensions thereof, nor shall staff issue permits or
approva ls or renewals or extens ions thereof. Instead, staff shall promptly consult w ith Code
Enforcement to determine whether the perm i t or approval, or the r enewal or extension thereof,
is being sought in order to correct the existing Code violation(s).
If the requested perm it or approval, or renewal or extension thereof, is determined to be
required for code compliance, the appl ication shall be accepted, or the permit or
approval shall be issued if all necessary cond itions have been met County staff shall
refer persons not allowed to apply for permits or approvals, or to whom i ssuance of
permits or approvals or renewals or extens ions thereof has been den ied under this
subparagraph, to Code Enforcement staff to discuss required corrective action.
3. Duration of Permit/Approval Restrictions. To the extent all owed by law, County staff shall not
accept or approve any applications for land use , construction and/or environmental health perm its
or approvals, or renewals or extensions thereof, except as provided above, until all necessary
corrective action has been taken with respect to existing code violations .
4. Coordination. Whenever the provisions of this paragraph apply, Code Enforcement and other
County staff shall closely coordinate their perm itting and enforcement activities to assure
compliance with this paragraph.
Code Enforcement Procedure~ Manual ~~--~~--~--~-------------------------------------------20
J. Assisting Enforcement by Othe r Regulatory/Licensing Agencies . In some cases, County Code
violations also may constitute violations of federal and/or state statutes or
administrative rule. For example, surface mining without County land use approval may also violate state
statutes and administrative rules governing mining, and performing building construction without
necessary permits may also constitute violations of state statutes and administrative rules governing the
conduct of licensed contractors.
Policy . To maximize code enforcement and the incentives for compliance, County staff shall
promptly advise the appropriate federal and/or state agency of County Code violations reported
or discovered that may also violate the statutes or administrative rules of that agency.
The County shall also cooperate with federal or state agencies, to the extent authorized or
required by law or by intergovernmental agreement, to obtain voluntary compliance or to punish
violations . The County may defer investigation and prosecution to the appropriate federal or
state agency in cases in which, as determined by the COD Director or designee, the federal or
state agency enforcement procedure will result in more effective correction of the violation(s).
Procedure
1. Reporting. Whenever County staff discovers or receives a verified complaint regarding a
County Code violation that may also constitute a violation of federal or state statute or
administrative rule, the staff shall advise the appropriate federal or state agency .
2. Coopera tion. To the extent authorized or required by law or by intergovernmental
agreement, County staff shall cooperate with the federal or state agency to obtain voluntary
compliance or to prosecute and punish violations . That cooperation may include sharing
information, conducting joint investigations, appearing as witnesses and/or providing
evidence in enforcement proceedings, and coordinating the timing of investigations and/or
enforcement proceedings to maxim i ze their effectiveness.
3. Deferral to Other Agency. The County may defer some or all code enforcement to a federal
or state agency, and forego County Code enforcement, where the Board, COD Director or the
Director's designee determ ines that the federal or state enforcement activity will be more
effective than County Code enforcement. In making the determination to defer to other
agencies, the following factors shall be considered:
The nature of the violation and necessary corrective action;
The comparative severity of the penalties available to the federal or state agency and to the
County; and
The comparative time frames required for enforcement by the federal or state agency and by
the County .
K. Civil Penalties . Monetary penalties, injunctions and other remedies for County Code violations
may be assessed through a County administrative hearing procedure, separate from the citing and
prosecution of County Code violations in court.
Policy. To increase the incentives for compliance or as required by state law, Code Enforcement
staff may engage in County administrative hearing procedure for assessing and collecting civi l
penalties against County Code violators .
Code Enforcement Procedures Manual
L
Procedure . County staff may engage in the code enforcement administrative hearing process
when, in the opinion of Code Enforcement staff, such a proceeding would more likely result in
code compliance or County enforcement cost recovery.
County Cost Recovery. The County incurs costs investigating code violations and enforcing codes.
They include the cost of personnel and equipment, legal advice and representation, service of
citation, and administrative expenses.
Policy. It is the policy of the County to maximize code enforcement and to increase the incentives
for code compliance by recovering its reasonable code enforcement costs from code violators.
Procedure . In determining whether to cite a code violator to court or to engage in the
administrative hearings process, code enforcement staff may consider which process will result in
the maximum cost recovery to the COD.
M . Liens In many cases, the most effective way for the County to recover its code enforcement
costs, as well as to collect any civil penalties assessed through administrative hearings, is to file a legal
claim for those costs or penalties against the property subject to code enforcement, or against other
property owned by the code violator.
Policy. It is the County's policy to assure recovery of its costs, as well as the collection of civil pen
alties assessed through administrative hearings, by filing claims for those costs and penalties in the form of
liens on property subject to code enforcement, or upon other property owned by code violators .
Procedure . In the appropriate cases, the County staff will explore with County legal Counsel the
means by which liens may be placed against the real property of the code violator for the
collection of code enforcement costs and civil penalties assessed through County administrative
hearings.
I. RESOLUnO OF CODe co
Policy. It is the County's policy to attempt to reach final, satisfactory resolution of all code violation
complaints. However, the County recognizes that not all complaints may be resolved successfully, due to
factors outside the County's control. These factors can include the indigence of the code violator, the lack
of County or other resources to assist the violator, statutory limitations on potential fines or other
penalties for code violations, and the large number of complaints to be resolved .
Therefore, the County shall focus its code enforcement resources on the code violations that meet the
priorities set forth in Section V of this manual, and attempt to resolve those violations within a reasonable
period. It is the County's policy not to dose a case until it is resolved.
Procedure
A. File Closure . A code violation complaint will be resolved by file closure in the following cases:
1. When no code violation is found after investigation;
2. After there is voluntary compliance;
3. After the property owner and/or other responsible person has been found gUilty of a violation
and has corrected the violation(s);
Code Enforcement Procedures Manual 22
4. After an injunction has been issued and the property owner or other responsible person has
corrected the violation(s);
5. After investigation and prosecution of the violation(s) have been completed by a federal or
state agency to which the County deferred code enforcement;
6. When the property on which the violation exists is sold or transferred and a new Code
Enforcement case is opened in the name ofthe new owner.
B. Notice of Resolution. The County may send written notice to the complainant when the
complaint is resolved, describing t he resolution .
C. Alternate Methods of Resolution. The County may explore alternate methods to resolve Code
violations including mediation .
XIII. AMENDMENTS
This manual may be amended when deemed necessary by the CDD Director and the Board.
Amendments may be proposed by County staff, Board members and other interested persons.
Code Enforcement Procedures Manual
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CODE ENFORCEMENT POLICY AND PROCEDURES MANUAL UPDATE
MATRIX TOPIC #1
Complaint Policy
Origin of Complaints
County initiation vs. citizen
complaint initiation
Anonymous Complaints
Should COD accept
anonymous complaints?
Confidentiality Policy
Should file information be
made available to the
public before a case is
closed?
I Primarily Complaint Driven
95% of cases are
complaint based
5% originate from
proactive CE reviews
COD does not currently
accept anonymous
complaints (except in
matters of public health and
safety).
CE files are confidential
until case is closed, unless
otherwise released under
citation discovery . One
variation to this policy might
be to make public
County/public sector initiated
complaints, but preserve the
confidentiality of privately-
initiated complaints until the
case is resolved/closed.
Case file is scanned and
available via County
website once the case is
resolved. (COD receives few
requests for a copy of
complaint after the case is
closed.)
All Prioritize Complaint
Based Enforcement
How we differ ...
• Some allow staff initiated
investigation.
• Some allow anonymous
complaints.
• Some jurisdictions
minimize complaint focus
by separating complaint
from investigation (e.g .
complaint is not part of
the case record).
• File confidentiality van·es.
Some jurisdictions
release current
investigation files upon
records request.
• Some jurisdictions
protect confidentiality
more rigorously (e.g.
release by court order
only).
The core policy issue is
whether COO accepts
anonymous complaints .
Staff suggests that
complaint based code
enforcement reflects
public priority . There is
also inherent objectivity
in complaint based
enforcement.
The question then
becomes the extent to
which files should be
kept confidential.
• Continue with
existing practice &
procedure with
respect to privately
initiated complaints
• Consider
expanding criteria
for when
anonymous
complaints might
be accepted
• Make public
Countylpublic
sector initiated
complaints
immediately
Citizen driven
investigation
necessitating some
level of file
confidentiality
or
Staff initiated
investigation
or
Somewhere in
between
Code Enforcement Policy and Procedures Manual Update , 08/1812014
CODE ENFORCEMENT POLICY AND PROCEDURES MANUAL UPDATE
MATRIX TOPIC #2
An emphasis onVoluntary Compliance Objective is voluntary How we differ ... Voluntary Compliance is voluntary compliance Voluntary Compliance vs . com plia nce . the norm. Enforcement Not significantlyEnforcement Action action (Le . citation) does orFlexibility with time, not with Emphasis • Voluntary Compliance is not necessarily prompt Code . quicker resolution and is Greater emphasis on
Timelines for Compliance
a universal objective .
generally costlier for all. It time lines and Citations utilized when • Most jurisdictions Discretionary vs . Defined also does not guarantee penalty . violations not corrected exercise discretion on time lines fine imposition . within a reasonable time . time allowed. Public
Ultimately, enforcement Injunction as a last resort . health and safety is the
action is sometimesguiding factor in
necessary and must be
effective when indicated.
determining time frames .
Despite best intentions ,
resolution time frames
vary. Circumstances
faced by owner are a key
factor .
• Continue existing
procedure with
respect to
compliance
• Further develop
options for
imposition of fines
• Incorporate more
rigorous analysis of
statistics on
resolution
timeframes to
ensure staff
efficiency
Code Enforcement Policy and Procedures Manual Update , 08/18/2014 2
CODE ENFORCEMENT POLICY AND PROCEDURES MANUAL UPDATE
MATRIX TOPIC #3
How we differ. ..Penalties and Fines Citations used as Further discussion needed . Status quo
compliance tool. or• Others per day
penalty on initial Court rarely imposes fines. Penalty based on violation are mostly County has amended fine severity and whether less than that allowed schedule/procedure to violation impacts under State rules reflect State rules . public health and (OARs). safety.Fines for building code • Some tier penalty Additionally, violations not to exceed amounts based on $1,OOO/day. severity or threat to Should fine schedule
Fines for all other violations public health and be progressive?
up to $2,OOO/day . safety.
• Some take a
progressive approach
where continuing
violations prompt
greater penalty.
Restrictions on The existing manual How we differ ... Implementation of this policy Should the potential to
Development Permits provides for future would require a code restrict development • Some jurisdictions restriction on development change . permits on propertieshave implemented this permits on properties with with pending code policy.pending code violations violation cases be
(See section XU) . retained in the
Implementation of this manual?
policy would require a code
change.
Code Enforcement Policy and Procedures Manual Update , 08 /1812014 3