City Council
MEETING DATE: 3/23/2016
TITLE:
Title
Resolution Authorizing the City Attorney to Initiate Code Compliance Litigation and Other Matters
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FROM:
Eric S. Vail, City Attorney
RECOMMENDATION:
Recommendation
Staff recommends the City Council adopt a Resolution authorizing the City Attorney to initiate Code Compliance litigation and other matters
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BACKGROUND:
As the City Council is aware, the mission of the City's Code Compliance Division is to work toward preventing, discouraging and/or abating certain conditions which endanger the life, limb, health, property, safety or welfare of the general public in a fair, expedient, and cost efficient manner.
The City Attorney's office is seeking direction on procedures for initiating Code Compliance litigation and other matters in Superior Court, and on the release of Code Compliance legal invoices for the purposes of cost recovery.
DISCUSSION:
The City's Code Compliance Division currently has over 2,000 open cases on properties throughout the City. These cases range from such minor violations as garbage cans being left out on non-collection days to imminent safety violations such as fire hazards and unsecured vacant properties being accessed by transients.
Code Compliance officers utilize a large range of enforcement tools in order to seek compliance. The vast majority of cases are handled without the need for City Attorney involvement. Only in the most serious and challenging cases are cases referred to the City Attorney.
The majority of the cases referred to the City Attorney are single family homes in dilapidated and dangerous condition in violation of State Housing Law. These homes are often abandoned and vacant. In such cases, the City Attorney often assists Code Compliance staff in obtaining inspection warrants from the Superior Court and preparing specialized notices which are required as a prerequisite to litigation.
When a property owner or responsible party fails t...
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