SR-416-008
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PCD:AA:GF:TM:F:\SHARE\BUILDING AND SAFETY\CODECOMP 10 11 05.DOC
City Council Meeting: October 11, 2005 Santa Monica, California
"'6~' 8 lOgS-
To:
Mayor and City Council
From:
City Staff
Subject:
FY 05/06 Code Enforcement Program and Priorities
INTRODUCTION
This report provides information about Code Compliance activities, procedures, and
staffing, to assist the City Council in providing direction regarding enforcement goals,
resource allocation, and priorities for proactive programs.
BACKGROUND
Staffinq and Resource Allocation
The Code Compliance section has ten budgeted positions for code compliance officers.
Two positions were filled during September and two positions are currently vacant.
As shown in Attachment A, if fully staffed and according to current priorities, the ten
authorized positions would be distributed among the categories of code enforcement
activity such that 6.5 full-time equivalent employees (FTE) are dedicated to resolving
building and zoning-related cases (largely citizen complaint initiated), 2.0 FTE to
proactive monitoring of discretionary permits, 1.0 FTE to proactive noise monitoring and
0.5 FTE to other proactive efforts. When positions are unfilled, staff resources are
1
NOV 2 2 2005
-J9 'I _ 8 ZBBS
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typically dedicated to general building and zoning cases, with targeted proactive
programs temporarily placed on hold.
As noted above, 6.5 FTE of the ten FTE positions respond to citizen-filed concerns
regarding building and zoning standards. Many cases that are primarily housing or
building-related also include zoning code violations. See Attachment B for typical
violation types and complaint categories.
Staff resources necessary to address citizen requests would of course vary based on
the actual number of incoming complaints. Attachment C illustrates caseload trends
over the past ten years. Of particular note is the dramatic increase in complaints from
FY 98/99 to FY 00/01, followed by a gradual decline over the past four years. During
the FY 98/99 to 00/01 period, growth occurred primarily in complaints related to
construction, substandard housing and other building violations. During this period,
incoming complaints exceeded staff resources and resulted in a significant backlog of
unresolved cases. Staff attempts to respond on a timely basis to current cases, while
continuing to resolve backlogged cases.
CODE COMPLIANCE PROCESS
Specific protocols are followed to respond to complaints, identify violations, and secure
compliance with City codes. The majority (nearly 90 percent) of code compliance cases
are undertaken in response to citizen complaints in accordance with a priority ranking
system (as shown in Attachment D). Staff attempts to respond to complaints based on
2
their priority. High-priority cases receive immediate response, while lower priority cases
are targeted for initial response within ten days of receipt. Over half of all verified
violations are corrected after the first inspection, and the majority of those remaining are
corrected during the pre-hearing conference stage. Only two cases have proceeded to
full administrative hearings. All others have been resolved through other means
described below. As a result, Santa Monica has the highest voluntary compliance rate
of all cities reporting in the annual International City Management Association (ICMA)
Performance Measurement Report related to code enforcement practices. The average
elapsed time from opening a complaint to voluntary compliance is 76 days, for
complaints that are not backlogged.
Priority System: Code Compliance staff uses a priority system for responding to
complaints as shown in Attachment D. The priority system emphasizes life safety and
health, and results in the most immediate response going to violations such as
dangerous buildings, after-hour activities and substandard housing conditions. Lower
priority violations such as deferred routine building maintenance, unpermitted signs and
outdoor merchandise receive secondary response effort.
Reactive and proactive enforcement: In addition to complaint-driven enforcement, staff
also undertakes proactive enforcement. Proactive cases may occur in concert with
complaint-initiated inspections when officers find building and zoning violations other
than those cited in the complaint. Staff also conducts concentrated efforts: recent
examples include launching the discretionary permit monitoring program, weekend
3
enforcement inspections for signage and outdoor merchandise on major commercial
thoroughfares, and over-height fences and hedges. Statistics for FY 04/05 shown in
Attachment E indicate that staff initiated 17 percent of all zoning-related cases and 10
percent of all building-related cases, accounting for 12 percent of all cases. All others
start with a citizen request.
Education and outreach: Education and outreach are important aspects of both
proactive and reactive enforcement, serving to enhance community understanding and
acceptance of enforcement activities. For individual cases that do not involve life safety
or major quality of life issues, staff contacts the property owner by phone or in person to
educate and inform them about code requirements before issuing corrective notices.
When life safety or major quality of life issues require immediate corrective notice, staff
includes copies of relevant code sections and detailed photographs depicting the
location and nature of the violation with all notices of violation and corrective orders. For
major enforcement programs, staff first sends educational letters to all affected business
or property owners about City requirements prior to commencing. Applicants for
business licenses are provided with information regarding City codes and requirements,
including requirements related to signage. Additional educational materials are being
drafted for all violation categories. When final, the appropriate information will be
mailed to the responsible party once an alleged violation is reported.
Legal Remedies Used to Secure Compliance: There are three basic steps involved in
staff's response to code violations: inspect the property to verify the violation, issue any
4
legally required corrective notice, and ensure corrective action is taken. Depending on
the nature of the violation, each of these steps may have several components. Major
building or zoning violations often require extensive records research to determine
permitting history, verify the existence of a violation and identify all possible corrective
actions.
The following sequence of corrective actions is used for simple transitory violations
(such as sidewalk signs and outdoor merchandise) that can be remedied in 10 days or
less:
1. Staff issues a notice of violation with a warning of pending finR This notice gives the
responsible party a reasonable amount of time to correct the violation prior to
imposition of the designated fine. Fines are set by Council and vary from $75 to
$1,000 for first offenses depending on severity of the violation.
2. An administrative citation (fine) is issued if the warning notice is not heeded.
3. Failure to pay the administrative citation or correct the violation may result in further
citations and ultimately a criminal referral to the City Attorney if citations remain
unpaid or the violation is not corrected. Subsequent repeat violations are also
referred to the City Attorney's office.
Additional corrective actions are used for more serious non-transitory violations:
1. Formal compliance orders are issued stating exactly what actions must be taken by
the responsible party to clear the order and that to contest the order, or if there is
failure to comply with the order, an administrative hearing is set at which the hearing
officer may impose daily fines depending on the seriousness of the violation.
2. If the responsible party does not comply, the case is referred to the City Attorneys
office for a pre-hearing conference. The goal of the prehearing conference is to
obtain voluntary compliance without the need for the administrative hearing. During
these conferences, City staff meets with the party responsible to encourage
correction of the violation and to explain compliance alternatives. The City Attorney's
office arranges and facilitates the meeting. These conferences are highly effective
in obtaining voluntary compliance with nearly a 100 percent success rate.
5
3. If the pre-hearing conference does not result in compliance, the case is scheduled
for an administrative hearing, at which the hearing officer may impose fines ranging
from $100 to $25,000 per day, depending on the severity of the violation.
4. Following the administrative hearing, non-compliance results in referral to the City
Attorney for alternative resolution including but not limited to criminal prosecution,
summary abatement or involuntary receiverships.
CASELOAD HIGHLIGHTS
The following provides general information on substandard housing, a key element of
the code compliance caseload, discusses current needs related to mobile home park
inspections, and reports on the initial efforts related to discretionary permit monitoring.
Substandard Housing / Housing Maintenance: Enforcement of housing habitability and
maintenance is a significant component of the overall Code Compliance caseload. The
magnitude of the caseload is related to the age and deferred maintenance of much of
Santa Monica's rental housing stock. Of the 6.5 FTE dedicated to general building and
zoning compliance activities, approximately 5.0 FTE are needed to respond to housing-
related issues. Of those 5.0 FTE, 2.0 FTE address internal habitability of dwelling units,
1.5 FTE address general building maintenance, 1.0 FTE address work constructed
without a permit, and 0.5 FTE address nuisance abatement on vacant and abandoned
buildings.
With an older building stock, the moist ocean climate, and recent media focus, mold in
residential buildings has become a more frequent subject of complaint. Although there
is no mechanism for enforc~ment strictly targeted toward mold, staff enforces building
6
standards that relate to the causes of mold and provides resource information to those
affected. Attachment F contains a more detailed discussion of mold.
Mobile Home Park Inspections: Santa Monica has two mobile home parks, which under
state law, must be inspected at least once every five years. The parks were last
inspected in 2000. For FY 05-06, Code Compliance is scheduled to conduct park-wide
maintenance inspections for both mobile home parks. This significant effort is expected
to require approximately 0.5 FTE for the entire fiscal year.
Proactive Monitoring of Discretionary Permits: In November, 2003, the City Council
authorized systematic inspection of commercial enterprises approved with conditional
use, development review or performance standard permits, and authorized fees to
cover this monitoring program. Staff began the monitoring program in February 2004
but suspended it in October 2004 due to staffing shortages. Prior to program
suspension, staff inspected more than one third of the 484 sites. These sites were
distributed throughout the City and represented varied uses. Uses inspected included
auto repair, auto sale, hotel, nightclub, restaurant and retail. Staff verified compliance
with conditions of approval including but not limited to such issues as alcohol service,
alcohol seating, hours of operation, occupancy, parking, seating, and use. Monitored
sites were located in the following geographic areas: Downtown (Wilshire to Freeway &
Ocean to 7th), Main Street (Freeway to Southern City Border & Nielsen Way to 5th),
Lincoln Blvd (Wilshire to Southern City Border), Mid-City (Wilshire to Freeway & 9th to
7
Eastern Border), and Sunset Park (Freeway to Southern City Border & 9th to Eastern
Border).
Overall results of the inspections found substantial compliance with conditions of
approval where the use conditioned was still in place. The use related to the permit was
no longer present on more than half of the sites. Of the remaining active permits,
ninety-five percent were found to be in compliance with their conditions of approval.
The four violations discovered in the initial staff effort were parking reduction violations
in three commercial buildings and one restaurant with an alcohol license violation. The
current fees provided only 36 percent cost recovery due to normal collection losses and
the large number of closed permits for which billing cannot be applied.
Extrapolating from the results of the first 177 sites, staff estimates that approximately
250 active permits will ultimately exist in the City and that the compliance rate will
continue at 95 percent. Therefore, assuming positions are filled, less than one staff
member (0.75 FTE) will be needed to perform annual monitoring and to obtain
compliance on the total annual estimated volume of approximately 10 violations per
year. Since almost all sites monitored were in compliance, monitoring on an annual
basis may not be necessary. Bi-annual monitoring would only require 0.35 FTE.
DISCUSSION
As discussed above, approximately 6.5 FTE are necessary for general efforts related to
housing, building, and zoning-related cases with standard complaint response times.
8
Dedication of 0.5 FTE for mobile home par~ inspections is also recommended for the
coming year. If the operational policy remains to respond to all complaints, three (3.0) of
the ten budgeted FTE staff positions could be redirected to other types of activities or
eliminated. The following discusses the various options for allocation of code
compliance resources. (See Attachment G)
Maintain Status Quo: This option keeps 5.0 FTE dedicated to housing-related
enforcement (see Page 7), 1.5 FTE for response to zoning code complaints, 2.0 FTE to
proactive monitoring of discretionary permits, 1.0 FTE to proactive noise monitoring and
0.5 FTE to other proactive efforts.
Eliminate Existing Proactive Programs: If the Council deems other City needs to be of
greater priority, compliance efforts would focus solely on complaint response. Positions
intended for proactive programs for the monitoring of discretionary planning permits
(2.0 FTE) and noise ordinance (1.0 FTE) could be eliminated or focused on reducing
backlogged complaints.
Proceed with Proactive Noise Ordinance Enforcement (1.0 FTE): In February 2004, the
City Council adopted a new noise ordinance and authorized one full-time dedicated
code enforcement officer position to conduct proactive enforcement. Due to recruitment
difficulties, this position has only recently been filled. Unless directed otherwise by
Council, staff will begin this program immediately.
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Maintain Proactive Discretionary Permit Monitoring (0.35 FTE): As discussed above,
such monitoring is expected to require approximately one-third FTE if inspections are
conducted on a bi-annual basis.
Signs and Outdoor Merchandise (1.0 FTE): Businesses naturally attempt to attract
customers and proactive enforcement of sign and outdoor merchandise regulations is
needed if City standards are to be followed. One FTE assigned to this task full time
should result in substantial citywide compliance.
Removal of Nonconforming Signs (1_0 FTE): Approximately two hundred seventy signs
became nonconforming in 2000. To remove these signs would require the allocation of
one full-time officer for approximately one to one and one half years, depending on the
level of voluntary compliance received. Many businesses with nonconforming signs
would require approval of new signs, and Planning Division staff resources allocated to
support the Architectural Review Board, as well as Architectural Review Board
agendas, would be impacted.
Mandatory Seismic Retrofit Program (1.0 FTE): Shortly after the Northridge Earthquake,
the City mandated the seismic retrofit of existing buildings types that were known to be
hazardous. These building types included unreinforced masonry, soft-story apartments,
buildings with non-ductile concrete and welded steel frames, and concrete tilt up and
masonry-bearing wall buildings with weak roof-to-wall connections. Most of the
unreinforced masonry buildings were noticed and corrected prior to the Northridge
10
Earthquake. Soft story apartments were noticed after the Northridge Earthquake with
some corrected. The remaining building types have not been retrofitted and have not
received initial orders and notices.
Currently, the requirements for mandatory seismic retrofit are only enforced during
proposed construction projects initiated by the building owners, who at times are
unaware of the requirements. The recent disaster in the Gulf States serves as a
reminder of the importance of preparedness for natural disasters. Implementing this
effort would require dedication of one FTE at a minimum and also affect Building and
Safety resources dedicated to plan review. One assigned FTE could expect to work
several years on obtaining compliance based on current allowable timeframes given in
the retrofit ordinance. There are an estimated 1,500 buildings that will require
mandatory seismic retrofit work.
Housing Maintenance Inspection Program (Varied FTE): Complaint-based housing code
enforcement can create an unnecessarily adversarial relationship between tenants and
building owners. Many progressive cities now perform routine inspections of multi-
family buildings to insure the proper maintenance of housing stock. West Hollywood has
dedicated two of seven officers specifically to a proactive substandard housing program.
Glendale has dedicated three of its 13 code enforcement staff to substandard housing
issues in a designated area. Every three years, a specific city block is selected, and
every property on that block is inspected. The City of Los Angeles' award-winning and
legally tested program collects a nominal sum from property owners and tenants to fund
11
the program. The cost and consequently the fee required would depend on how the
program was funded and the frequency of inspections desired.
Conduct Zoning Enforcement on a Proactive Basis Only (No Change in FTE): The City
Council may also consider responding to citizen concerns related to zoning code
enforcement by addressing these concerns proactively instead of in response to
individual complaints. Zoning-related concerns have historically related to auto repair
standards, location and size of commercial signs, placement of outdoor merchandise,
and the height of neighbor's fences, walls and hedges. Addressing concerns on a
proactive program-basis only could address zoning code violations in a more systematic
manner; however, resolution of individual citizen complaints would be delayed until the
systematic program reached the area of concern.
Reduced Response Times: City Council could direct that additional resources be
allocated from existing proactive programs to be used to shorten response times on
incoming complaints. Such an approach would be expected to increase complainant
confidence and satisfaction with overall code enforcement efforts.
Increased Response Times: Staff currently attempts to respond to complaints within
reasonable time periods, based on the priority ranking of the complaint. With varying
volumes of incoming complaints, this can sometimes prove difficult. If Council wishes to
dedicate greater efforts to pro-active enforcement within existing staff resources,
response times would be lengthened. Such an approach creates the potential for a
12
backlog of unresolved complaints, with associated frustration among complainants.
Many housing-related complaints involve potential life-safety violations, which requires a
significant deployment of resources to ascertain the severity of the situation, even if a
triage system is employed to meter follow-up.
REPORTING FORMATS
Staff seeks direction on City Council preferences for the types, frequency and format of
information on code enforcement that would be useful to Council and the community.
Currently staff provides quarterly reports for the Planning Commission and has other
standard reports used for management purposes. Samples of some common reports
are included in Attachment B for comment and direction to staff on Council reporting
needs. Monthly reports track the average lapsed time from the date of the complaint to
the first site visit as well as the number of days to close each case category. These
show that case management practices are successful in meeting performance goals in
most instances. Cases requiring the responsible party to undertake additional legal
processes for permits or entitlements to correct the violation are open for longer time
periods than other case types.
COMPLIANCE LETTERS
Written communications that provide clear and direct information is a Code Compliance
priority. Attachment I contains samples of standard Code Compliance letters.
13
BUDGET/FINANCIAL IMPACTS
The annual salary and fringe benefits cost for each code compliance officer is
approximately $80,000. Reallocation of existing budgeted resources of 10.0 FTEs
according to different priorities would have no financial impact. Elimination of any
positions will create budgetary savings proportional to the number of positions
eliminated and conversely the addition of any positions will create expenditures
proportionally. Elimination of the discretionary permit monitoring program will result in
an estimated annual loss of approximately $48,000 in associated revenue.
RECOMMENDATION
Staff recommends that the City Council discuss and give direction regarding priorities
for allocation of Code Compliance resources.
Prepared by:
Andy Agle, Interim Director, Planning and Community Development
Gay Forbes, Development Services Officer
Timothy P. McCormick, P.E. & C.B.O., Building Officer
Katherine Comparetto, Code Compliance Supervisor
Michael Dominguez, Senior Administrative Analyst-Code Compliance
Attachment A: Code Compliance Staff Resource Distribution
Attachment B: Typical Violation Types and Complaint Categories
Attachment C: Trends In Caseload: FY 95/96 to FY 04/05
Attachment D: Priority Ranking For Code Compliance
Attachment E: Reactive Vs. Proactive Efforts FY 04/05
Attachment F: Background Information on Efforts Related To Mold
Attachment G: Options for Allocation of Code Enforcement Staff Resources (FTE's)
Attachment H: Sample Reporting Formats
Attachment I: Sample Code Compliance Letters
14
ATTACHMENT A
Code Compliance Staff
Resource Distribution
Proactive Staff
Efforts, 0.50
Proactive-Noise,
1.00
Substandard
Housing, 2.00
Proactive-CU P
Monitoring, 2.00
Construction Work
Related, 1.50
Nuisance, 0.50
Signs/Outdoor
Merchandise, 0.25
Other Zoning, 1.00
ATTACHMENT B: TYPICAL VIOLATIONS FOR EACH COMPLAINT CATEGORY
Substandard Housinq
Structural hazards / deficiencies
Electrical hazards / deficiencies
Plumbing hazards / deficiencies
Utility hazards / deficiencies
Water intrusion
Appliance hazards / deficiencies
Dilapidated building conditions
Flooded parking areas
Substandard doors and windows
Construction Work-Related
Work without permits
Work beyond permitted hours
Unsecured construction site
Construction debris
Obstruction of community walkways
Nuisance
Abandoned / vacant properties
Homeless encampments
Outdoor storage of personal items
Overgrown vegetation
Storage of abandoned vehicles
Other Building Violations
Water drainage systems
Location of accessory structures
Swimming pool-related concerns
Lighting problems
General Zoninq
Unpermitted auto loading / unloading
I noperable vehicles
Hazardous visual obstructions
Unpermitted auto repair
Overheight fences, walls, hedges
Unpermitted auto dealer drive routes
Discretionary permit violations
Business license violations
Unpermitted occupancy
Signs and Outdoor Merchandise
Prohibited signs
Installation of signs without permits
Animated / human signs
Sidewalk sales / outdoor sales
Outdoor storage of inventory
Noise
Deliveries
Nightclubs
Mechanical systems
Proactive Efforts
Commercial boulevard "sweeps"
Mobile home park inspections
Discretionary permit monitoring
On-site identification
ATTACHMENT C
10-Year Case Trends (include cases closed, as well as complaint types received)
2400
2000
1600
1/1
~ 1200
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E
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. Coy Mandat.d
Rgtrof~ Orders
o Nulsanc~
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rm. MefCh<indlse
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ATTACHMENT D
Priority Ranking System for Code Enforcement
level
1
2
3
4
5
Oescri tion
Immediate Threat to Public Safety/Maior Quality of Life Violation in Proqress
Examples: Dangerous buildings, disruptive after hours construction or
business activit
Most Important in Normal Course
Examples: Substandard Housing, Significant Construction Work Without a
Permit, Seismic Retrofit
Important Quality of Life / Not Life Safety
Examples: Auto Re air, Noise, Construction Related, Nuisance
Average Importance
Examples: Unapproved Use of Land, Routine Building Maintenance,
Conditions of A roval-Discretiona Permits
Lowest Priority
Si ns, Outdoor Merchandise, Fence/Hed e
ATTACHMENT E
Distribution of Reactive (Citizen Complaint) and Proactive (Staff Initiated) Cases
Type Proactive Reactive Total %
Received Received Received Proactive
Zonina Related
Auto Repair 1 1 1 12 9%
Sign/Outdoor Merchandise 17 26 43 65%
Noise Ordinance 3 54 57 6%
Nuisance Cases 16 98 114 17%
Fences/Hedges 5 18 23 28%
Other ZoninQ 7 77 84 9%
Total ZoninQ Related 49 284 333 17%
Buildina Related
(",......struction Work Related 39 319 358 12% I
Housing 20 227 247 9%
Other Building Complaint 26 283 309 9%
Seismic Retrofit 0 1 1 0%
Total Building Related 85 830 915 10%
Total Cases 134 1,114 1,248 12%
Table 4-Reactive vs. Proactive Efforts-FY 04/05
ATTACHMENT F
Toxic Mold Enforcement
Currently there are 15 cases with the word "mold" in the complaint description narrative.
Research and a task force meeting with the City Attorney's Office, Los Angeles County
Health Department, and the Legal Aid Foundation show that proposed state standards
for mold have not been established. California SB 732, the Toxic Mold Protection Act of
2001, was enacted to establish legal, enforceable standards for mold identification and
remediation; however, this legislation has yet to receive funding to meet these
objectives. Without legally enforceable standards, enforcement is limited to identifying
mold related violations of existing codes pertaining to moisture barriers, drainage and
ventilation requirements which are the most common causes of mold. Staff also
provides interested parties with a federal Environmental Protection Agency pamphlet
and a State Department of Health handout with guidelines for addressing mold
concerns and lists of appropriate resources.
ATTACHMENT G
Options for Allocation of Code Enforcement Staff Resources (FTE's)
Resource Allocation (FTE)
General Building and Zoning
Proactive: Mobile Home Parks
Proactive: Noise
Proactive: Discretionary Permits
Option 1: Status Quo
4
8
9
Option 2: Noise, Seismic, Signs 2000
Resource Allocation (FTE) 1 2 3 4 5 6 8 9 10
General Building and Zoning
Proactive: Mobile Home Parks
Proactive: Noise
Proactive: Seismic Retrofit
Proactive: Signs 2000
Option 3: Noise, Seismic, Signs 2000, Discretionary
Resource Allocation (FTE) 1 2 3 4 5 6 7 8 9 10
General Building and Zoning
Proactive: Mobile Home Parks
Proactive: Noise (2/3 FTE)
Proactive: Discretionary (1/3 FTE)
Proactive: Seismic Retrofit
Proactive: Signs 2000
Option 4: Noise, Signs 2000, Discretionary, Outdoor/Signs
Resource Allocation (FTE) 2 4 7 8
General Building and Zoning
Proactive: Mobile Home Parks
Proactive: Noise (2/3 FTE)
Proactive: Discretionary (1/3 FTE)
Proactive: Signs / Outdoor Sales
Proactive: Signs 2000
Option 5: Improved Response Times and Case Backlog, Minimize Proactive
Resource Allocation (FTE) 1 2 3 4 5 6 7 8 9 10
General Building and Zoning
Proactive: Mobile Home Parks
Proactive: Noise
Option 6: Slowed Response Times, More Proactive Programs
Resource Allocation (FTE) 1 2 3 4 5 6 7 8 9 10
General Building and Zoning
Proactive: Mobile Home Parks
Proactive: Seismic Retrofit
Proactive: Noise (2/3 FTE)
Proactive: Discretionary (1/3 FTE)
Proactive: Signs 1 Outdoor Sales
Proactive: Signs 2000
Option 7: Allocate Vacant Positions to Other City Priorities
Resource Allocation (FTE) 1 2 4 5 7 8
General Building and Zoning
Proactive: Mobile Home Parks
Proactive: Noise
Reallocate Resources
ATTACHMENT H: SAMPLE REPORTING FORMAT 1
Item # 9-A
Planning Commission Meeting: August 4, 2004
Santa Monica, California
TO: The Honorable Planning Commission
FROM: City Staff
SUBJECT: Code Compliance Status and Update
INTRODUCTION
This report contains information on the status of Code Compliance activity and a
quarterly update for the third quarter of fiscal year 03/04.
DISCUSSION
Code Compliance achieved measurable efficiency and output gains in quarter three of
fiscal year 03/04. Average days to compliance for a case reached a new quarter.ly low
for the previous four quarters of one hundred fifty-five (155) days. The number of
Compliance Orders issued reached an all-time quarterly high at one hundred nineteen
(119), and the number of Administrative Citations issued was the highest for the past
four quarters at thirty-two (32). Of further note, staff achieved the above improvements
while beginning a new enforcement program for the monitoring of conditional use,
development review and performance standard permits.
PERSONNEL
The relative steady state condition in staffing was the primary reason for efficiency and
productivity gains in the third quarter. In quarter three, field staff remained constant and
only one position remained unfilled due to long-term medical leave. Office staff
remained stable and added one Building and Safety Assistant in January. For
supervisory staff, the Senior Administrative Analyst completed his first year in the
position, and the Code Compliance Supervisor entered her fourth quarter in that
position. This is the most stable staffing has been for over five quarters. This staffing
continuity combined with more experienced supervision led to increased training
opportunities and continual system improvements that allowed Code Compliance to
focus on and improve turn-around times for closing cases in quarter three.
ADMINISTRATIVE HEARINGS
Administrative Hearing referrals to the City Attorney for failure to comply with
Compliance Orders was successfully piloted in quarter two of fiscal year 03/04 and
began in earnest in quarter three. Prior to a formal hearing, the City Attorney and Code
Compliance staff conducts a pre-hearing conference with the responsible party and/or
their representatives. Twelve (12) such pre-hearing conferences were scheduled in
quarter three, and of those twelve, eight were actually conducted. Not all scheduled
conferences are conducted as responsible parties often become motivated to comply
upon receipt of conference/hearing notification. Six of the eight quarter three
conferences resulted in compliance. The remaining two cases have made significant
progress and are close to full compliance. Referrals in quarter three involved an illegal
unit, illegal addition (2), substandard remodel, dangerous building (2), termite
infestation, signs (3), illegal use/occupancy and public nuisance.
In addition to these conferences, Code Compliance was able to successfully complete a
lengthy hearing that began in quarter two with a formal judgment ordering the
responsible party to comply and pay administrative penalties. The successful
implementation of this conference/hearing process has been instrumental in Code
Compliance's current success.
PROACTIVE MONITORING OF DISCRETIONARY PERMITS
In quarter three Code Compliance staff initiated a new program designed to inspect and
monitor compliance of commercial establishments with certain discretionary use permits
(CUP, PSP, DR). Site inspections began in the second month of the quarter. By the
close of the quarter, sixty-two (62) cases had been opened and seventeen (17) of those
cases were closed. The new program will continue to operate in quarter four with staff
gathering statistical data to provide future reports on the effectiveness of this new
approach.
QUARTERLY STATISTICS
Quarter Starting New Cases Cases Ending Numerical
Cases Received Closed Cases Chanqe
4th 02/03 832 323 292 863 +31
15t 03/04 863 433 465 831 -32
2no 03/04 831 431 438 824 -6
3ro 03/04 824 357 437 744 -80
Item 4th Q 1stQ 2nCl Q 3rCl Q
02/03 03/04 03/04 03/04
Calendar Days
1 St Site Visit - avg.days 16 14 21 23
1st Site Visit - median 7 8 14 14
Comoliance - avo. days 172 227 216 155
Compliance - median 63 91 73 85
Quantities
Comoliance Orders 40 56 88 119
Notice of Violations 43 51 123 114
Administrative Citations 12 2 17 32
Site Inspections 864 1,203 1,328 1,129
CONCLUSION
In quarter three, Code Compliance achieved a second consecutive quarter of consistent
operations that resulted in decreased time to close cases. The combination of stable
staffing and fewer incoming cases resulted in a more experienced staff able to take
more decisive action on cases. The administrative hearing process, pre-hearing
conferences in particular, supported more efficient operations by providing an effective
remedy for cases with unique complexities or those with uncooperative responsible
parties. The initiation of the new monitoring program has increased the scope and
positive impact of Code Compliance operations within the community and continued
operations in quarter four will provide data on its effectiveness. Given the stable staffing
and an effective administrative hearing process in place in quarter three, Code
Compliance expects to have a continued positive influence on the community in quarter
four.
Prepared by:
Timothy P. McCormick, Building Official
Katherine Comparetto, Code Compliance Supervisor
Michael Dominguez, Sr. Administrative Analyst
ATTACHMENT H: SAMPLE REPORTING FORMAT2
......
~
Building aAd :Safety Dhiswn
C"R C..mpli...."" ~n
ComplitilttCtltqmJ'Ilqlm
from Qe.'lf1.~ to Ci1lI3U2005
u~..
..-- ......:-
~ III ~ I:ti i!I
~ ) " ~' 1$ t I 'l;:
,1Il r:: )l ,ii g
~ '-8 O't ! i '! 1: i 0
t ~ S III l,'; U ] !It <'J i
"" z: .~ '6 ~ ~ Q; ~ Q
~ ~ '""' ;u (Q Q ~
1ll '0\ 0. !:! i ~ J: ;U
Q ~ 11.1 "" J ,; ~ ~
'S 5 " z: II; 'II J 45
~ .~ ill l.> ,~
<( r:: " 5 :!! :>
U ,iii 0 .i I!h f-
Ii.I. :/!!. ,:/!!.
Total CDmplaints 55
3 8f 2 61 10 66 21 1 29 329
Sli@ Visits 2 110 2 67 13 96 72 30 1 00 ...cs
frotic€'! ofWoJatin1li!; , 0 0 1 0 2 0 3 0 4 11
Adminis'/raiive Citation 0 .2 0 2 0 0 4 0 o! (l Ii'
Compliance OrdIU 1 14 0 17 II 24 13 0 (} 1 TO
0 .2 1) 0 0 1 1 0 0 0 ..
'(\CSMfi$I~lt;I,,*ll(;C\y~latR~tG~
ATTACHMENT H: SAMPLE REPORTING FORMAT 3
.~
~.
Building and Safety Division
Caseload Report by Budget Categories
All Cases
From 001011200510 01313112005
09!1J6f2oo5
11 A9:50AM
~tJ"
....,. .........
Cases
PllI)ding at
start of
Time
8IIiwI.
Pro .active
RlIceilllld
Dilling
Time
E.II.iw.t.
Reactive
RlICeilllld
Dilling
Time
E.II.iw.t.
TOtal Casei>
RlIct'lived
D\!JiIlll
Time
E.II.iw.t.
CilSes
Clotied
Dilling
Time
E.II.iw.t.
Backlog
Cases
CJ.wiW1
Current
Cases
~
Cases
Pending a
Close of
Time
E!.eOlllI..
Nu~ical
(;lI<I1l1e
During
Time
~
Average
Days
To Close
QlliIl.
IZOlllng~elilted .
Auto REpar 9 2- 0
SigrVOuldoor.Merch-~djse \r'iolidfofls 28 3 6
Noise ordinance 13 0 8
NUlS<ilnce: Cases 4d 2: 39
Fenr;estHedges 4 0 3
Other Zoning 27 2: 18
127 9 74
IBuilding Relaled. i
Construd:Jon Work Related 162 J JtI J9
Housing 220 0 30 :II
Other 2 1 2 3
QtherBuildff"i9 Complaint 192 3 ~9 22
SEis.mic,RMrofi1 1 0 0 0
~7 7 87 94
o
16
8
o
12
5
11
21
13
70
7
49 34 15 172 (111) 151
26 22 4 224 4 300
2 1 1 J 1 B
29 27 2 185 (7) 331
1 1 0 0 ---1! 454
107 85 22 584 (13) 2:.1
C::lZC::;
Pri oritv .#
o
1
2
3
'f
5
~
1
2
62
156
10
16
\\CSMfsl IP ~rmT OOISIClYltalRep ortlrp18ac klog M onltorin g
P~ge 1
ATTACHMENT I
SAMPLE CODE COMPLIANCE LETTERS
Code Comp Sample Letters and Notices
Acknowledgement Letter
sent to concerned party when case is opened
Case Closure Letter for Concerned Party
sent when case is resolved
Case Closure Letter for Responsible Party
sent when case is resolved
City Attorney Referral Notice
sent by Code Compliance prior to referral to City
Attorney for non-compliance with Compliance Order
Final Notice Hearing Date
sent by City Attorney's Office to schedule Pre-Hearing Conference and
Administrative Hearing for non-compliance
Proactive Letter
sent as educational letter prior to proactive enforcement
Notice of Pending Administrative Citation
warning letter for transitory violations that can be corrected in less than 10
days, sent prior to Administrative Citation
Administrative Citation
sent if violation in warning letter not corrected
Compliance Order
sent on non-transitory violations that require more than 10 days to correct
9/29/05
f) ....
.~
City of
Santa Monica'M
09/29/2005
SANTA MONICA, CA 90403
Code Compliance Case: 05COM 1039
Subject Property Address: __ TT
Dear
Thank you for the opportunity to address your concern about the no heat in the
apartment at . I am the Code Compliance Officer who is assigned to
your case. Within the next two weeks, I wiIJ conduct a site visit to investigate
this matter and may contact you for additional information if needed. After my
investigation is complete, I will update you with the actions the City has taken
to address your concerns.
You may reach me or leave a message @ (310) 458-8355 extension 5597,
during our normal business hours which are 7:30 A.M. to 5:30 P.M. Monday
through Thursday and 7:30 A. M. through 4:30 P.M. on alternate Fridays. To
better serve you, please refer to your concern number 05COM1039 when
calling and keep this letter for future reference.
The City wants to assure you that your concern is important to us and we will
make every reasonable effort to address any violation of the Santa Monica
Municipal Code. Working together, we will make Santa Monica a better
community.
Sincerely,
Code Com~iance Officer
Extension
e .
-J
City of
Santa Monica'"
09/29/2005
SANTA MONICA, CA 90405
Code Compliance Case: 05COM0528
Subject Property Address:
Dear
This letter is to notify you that Code Compliance case 05COM0528 has been
concluded. After a thorough investigation, it has been determined that all
violations of the Santa Monica Municipal Code identified in our investigation
have been remedied by the responsible party. This case is now closed.
We thank you for your concern in this matter. Responsible citizens like
yourself help make Santa Monica a better community. If you have further
questions or concerns, please do not hesitate to call me at (310) 458-4984.
Sincerely,
----
Code Compliance Officer
Extension r
e .
.~
City of
Santa Moniea'"
09/29/2005
SHERMAN OAKS CA 91403
Code Compliance Case: 05COM0868
Subject Property Address:
Dear
This letter is to inform you that after a thorough investigation and a final
inspection it has been determined that the violation(s) of the Santa Monica
Municipal Code in the above referenced Code Compliance case have been
corrected. This case is now closed.
We appreciate your cooperation and compliance in this matter. Positive efforts
by citizens like yourself help make Santa Monica a better community. If you
have further questions or concerns, please do not hesitate to call me at (310)
458-4984.
Sincerely,
Code Compliance Officer
Extension -
E) ...
...~
City of
Santa Moniea'M
September 29, 2005
CITY ATTORNEY REFERRAL NOTICE
RE: Case Number: 05COM0676
Violation Address:
Dear
This letter is to inform you that the City records list you as the responsible party
in the above referenced case. Due to failure to comply with the attached
Compliance Order this case has been referred to the City Attorney's Office for an
Administrative Hearing.
The Administrative Hearing process begins with a Pre-Hearing Conference and if
the matter is not resolved at that level it then proceeds to a formal Administrative
Hearing. The City Attorney's Office will contact you with hearing dates and
procedural information.
If you have already corrected the violation(s) in this case or if there is any
other way we can assist you in resolving this matter please immediately
call me, the Code Compliance Officer assigned to your case,
at (310) 458-4984, ext....
Sincerely,
........
Code Compliance Officer
End: Compliance Order
Business Card
cc:
City Attorney's Office
&1
-=>
Office of the City Attorney
City Hall
1685 Main Street
PO Box 2200
Santa Monica. California 90401-2200
City of
SaBta MOBlea'"
FINAL NOTICE
HEARING DATE
September 20, 2005
Malibu, California 90265
Re: Violation Address:
Case No.: 03COM0382
Pre-Hearing Conf. Date: October 27, 2005
ExhibitslWltness List Due: December 27, 2005
Hearing Date: January 26, 2006
Dear
The Building and Safety Division of the City of Santa Monica issued the attached
Compliance Order regarding your property. Failure to comply with the Order has
resulted in the matter being referred to this office. An administrative hearing to
determine your responsibility for the non-compliance has been scheduled for
January 26, 2006 at 1:30 p.m.
At that hearing, you will have an opportunity to oppose the Order. A Deputy City
Attorney will attend that hearing and request that the Hearing Examiner direct you to
comply with the corrective actions required by the Order. Additionally, pursuant to
Santa Monica Municipal Code Sections 1.10.110 and 1.10.120, the Deputy will request
that the Hearing Examiner order you to pay administrative costs and penalties.
Penalties can range from $2,000.00 to $2,499.99 each day of non-compliance.
However, before proceeding to the hearing, we have scheduled a pre-hearing
conference on October 27, 2005, at 1 :30 p.m. to provide you a final opportunity to
discuss your property, any reasons for non-compliance, and plans for achieving
compliance. On the day of your pre-hearing conference please check-in at the public
counter of City Hall, Building and Safety Department, Room 111 at 1685 Main Street,
Santa Monica, CA 90401. You may bring a representative to the conference, such as a
contractor, an architect or an attorney; or you may attend without a representative.
tel: 310 458-8336. fax: 310 395-6727
September 20,2005
Page 2
We suggest that you bring any applicable photographs, plans or drawings that
will help you explain the situation and your plans for compliance. If a permit is required,
we strongly recommend that you bring some means of payment with you so that you
can pay the permit fee and obtain the permit. Representatives of the City Attorney's
office and the Building and Safety Division will be present at the conference to discuss
the situation with you, address your concerns, and try to resolve the matter informally.
Our experience shows that most non-compliance cases can be successfully resolved
through this process.
Please confirm that you will attend the pre-hearing conference by
telephoning at (310) 458-8336 within three (3) business days of
receiving this letter. If we d9 not hear fro'1l you, we will proceed with the formal
hearing on the scheduled date, and we will ask the Hearing Examiner to make your
failure to utilize the conference process a part of the record of non-compliance. You will
be required to submit a list of your witnesses and two (2) copies of each exhibit you plan
to introduce as evidence before December 27, 2005. Our office will forward one set of
the exhibits to the Hearing Examiner. If you will be represented by an attorney please
provide us with the attorney's name, address and telephone number.
Thank you, in advance, for your attention to this letter and your prompt response.
We look forward to hearing from you and meeting with you at the conference.
LBC/df
Enclosures: Compliance Order and Attachments
cc: Timothy P. McCormick, Building Official
Michael Dominguez, Senior Administrative Analyst
Community Liaison
-- ~ ~ . Senior Planner
E)~
-J
City of
Santa Monieaw
July 5,2005
-.
RE: Upcoming Code Compliance site visit
Dear
This letter is to inform you that in the next few weeks City staff will be conducting a visit
to your area of business to monitor compliance with the Santa Monica Municipal Code.
The main area of concern will be signage and outdoor displays of merchandise.
The City of Santa Monica establishes a variety of regulations aimed at protecting the
safety and quality of life for the residents, merchants and visitors within our community.
Commercial thoroughfares are an important part of this concern. In order to address this
concern and balance the needs of businesses and merchants with others in the
community, the City Council has enacted ordinances to govern signage and outdoor
displays of merchandise.
To ensure that businesses are in compliance with these established ordinances, our
Code Compliance staff will be visiting your area in the near future. Staff will primarily be
inspecting for any prohibited signage, such as A-frame or portable signs, and any
outdoor displays of merchandise. You may assist us in our efforts by inspecting your
business and correcting any possible violations prior to our visit. Also, please advise
your personnel that City staff will be visiting your business in the next few weeks.
Our goal, through this correspondence, is to provide education about the community
standards as established in the Santa Monica Municipal Code. In addition, we are
providing you an opportunity to voluntarily comply with these standards. However,
please note that non-compliance can result in the assessment of fines and/or penalties.
Enclosed are SMMC 9.52.150, SMMC 9.04.10.02.340 and SMMC 6.32.070. These are
some of the primary code sections applying to signage and outdoor merchandise. For
further information and education, the Santa Monica Municipal Code can be accessed at
the City's website at www.santa-monica.orQ.Click on the green box with the words
Quick Index in the upper right portion of the page, and then click on municipal code.
Thank you in advance for your assistance and cooperation in this matter.
Sincerely,
Katherine E. Comparetto
Code Compliance Supervisor
Encl: SMMC 9.52.150 Prohibited signs
SMMC 9.04.10.02.340 Permitted outdoor uses
SMMC 6.32.070 Soliciting trade on sidewalks
e .......
J
City of
Santa Monica'"
September 28, 2005
I Officer: I
Contact: (310) 458-4984 Ext. _
WARNING
NOTICE OF PENDING ADMINISTRATIVE CITATION
Violation Location:
Case Number:
Inspection Date:
Approximate Time:
05COM1055
9/26/05
11 :15AM
Code Compliance has determined that the following violation(s) of the Santa Monica
Municipal Code exist(s) at the above referenced location. This is a warning notice.
Please take corrective action to avoid assessment of administrative citation fine(s):
#
Code Section
Violation DescriptionCs}
Fine
1
SMMC 9.52.150
Signs - Prohibited
$250.00
Total Fine Due (If Not Corrected By Compliance Date)
$250.00
Violation(s) Description:
1) Window signage exceeds twenty percent of first floor total glass area.
2) Banner on the exterior of the building
Required Corrective Action(s):
1) Reduce the window signage to comply with the twenty percent limit.
2) Remove the banner on the exterior of building.
3) Diligently pursue compliance and final approval by the Building and Safety
Division.
Compliance Date:
October 6, 2005
05COM 1055
If you fail to correct the above listed violation(s) before the Compliance Date, you will
receive an administrative citation that obligates you to pay the Total Fine Due. Failure
to pay the fine when due is a misdemeanor that will result in additional enforcement
action. If future site inspections reveal repeated violations within three years of this
notice, additional citations may be issued without further notice. Fines escalate for
repeat violations.
Your prompt attention to this matter is appreciated. If you correct the violation by the
due date shown, you will not be obligated to pay the administrative fine. Should you
have any questions or information that indicates you have corrected the violation,
please contact the undersigned at (310) 458-8355.
Yours truly,
Code Compliance Officer
Extension - J
Enclosure: Photo Evidence Attachments - (3)
FW:nt
Page 2 of 2
C!!XQ! SANTA MONICA
MUNICIP .M;.C~~lci~MINISTRATIVE CITATION
....: :':'->:/:,:'
. .
Responsible Party:
Violation Address: I .t~i,::; .."Ii ..............
Violation Location: Public sfuref2'i'!;i.' ",'i"
;;:<::r<::::::::::{:':::_;,::~-,:':'::::::;i: :';;:-:~:'::::':., - ,;.-.;
V. I t' D . t- '";-<:";:;-"-" '--:";:':;:;;":'.:-:':.::',:;.;:::,.;:,.-"
10 a Ion escnp Ion: ....'i./'...;.'..\?,..
V ehic1e awaiting repair parked on public streH~hd outside of an enclosed building.
;. -,.,',
,,;,';;::',;:<<f::>:,,; .\.
;-:':;~':':-';'" .
.,.',;,--,---,-",.,--.":
","-:,",'.;,""\_.':.-,":'"
:": _.: i:_~.::-.:. <;:::
",_'_' ,',d._ CU','_'
','.' ".". ....'.',,,.-'."..',..-,
",.--,'",::':>""',,,, ."':"
;-- '" ::-:' -~'---. .
FAII..URE TO PAY AN ADMINISTRATIVE FINE
Case #:
Citation #:
Violation Date:
Issue Date:
05COMI033
05ACOl15
09/14/2005
You are hereby ordered to pay the Total Due in fines show below
Municipal Code. You are further ordered to refrain from
Repeated violations will result in additional fines with
Offense # Code Section
1
Description
Awaiting Repair
Fine Payment: Fines may be paid in person at City Hall, Building and
Ill, Santa Monica, CA. Fines may be paid by mail at the address listed
Late Payments: failure to pay fines when due will result in additional
payment charges will equal ten percent (10%) of the total due. Interest .
percent per 30 day period.
terest charges. Late
of one-half of one
.'
Right for Review: You may contest this citation if no vi<?lll~' ..... responsible party. On
the reverse side of this form is sunnnary informap:gpp .... . tiding; time limits for filing,
payment of deposits and hardship deposJt~i:t . .. are available at the City Clerk's
office. Complete information ()n.!l1@t~V1.~W . 1.09, Administrative Citations, of the
Santa Monica Municipal€()de.~~.~abPiead& 104gi Copies of this ordinance are available at the
City Clerk's office at City Hall, 1685 Main Street, RM #102 or online at www.santa-monica.org.
If you need further information, call (310) 458-4984.
Jerry Tucker, Code Compliance Officer
---------- ---------- ---_._--~--------------------~------------------
Detach at line and return the bottom portion with your payment
PLEASE MAKE CHECKS PAYABLE TO: CITY OF SANTA MONICA
Mail To:
Building and Safety Division
City of Santa Monica
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
DeptlDivision:
Compliance Officer:
Case Number;
Citation Number:
Violation Date:
Issue Date:
PCDlBuilding and Safety
. .
OSCOMI033
05AC01l5
09/14/2005
09/28/2005
Responsible Party:
~ -
SANTA MONICA, CA 90403
ADMINISTRATIVE CITATION REVIEW PROCESS
Who Can Contest. Any person who receives an administrative citation may contest the citation if that person is
not the responsible party for the violation or there was no violation as charged.
How to Request Review. To obtain a review, you must file a request for review on the appropriate form in the
City Clerk's office within (30) thirty days from the issue date of the administrative citation. Your request must include an
advance deposit of the fine unless you also give notice that you are filing for or have already obtained an advance deposit
hardship waiver. The City Clerk's office is located in Room 102 of City Hall, 1685 Main Street, Santa Monica.
Review by Hearing or In Writing. Your request for review must select the type of review you desire. You may
choose to testify and to present evidence to a hearing officer in person. You may also have the hearing officer decide your
case exclusively on the submission of written materials. If you choose the latter option, you must submit all written
materials within ten (10) days after filing your request for review.
Advance Deposit Hardship Waiver. If you are financially unable to make the advance deposit of the fine, you
may request a waiver. Waiver requests must be filed with the Treasury Division no later than fifteen (15) days from the
issue date of the administrative citation. If your request is denied, you must remit the advance deposit of the fine within ten
(10) days of the date of that decision or thirty (30) days from the date of the administrative citation, whichever is later. The
Treasury Division is located in Room 103 of City Hall, 1685 Main Street, Santa Monica.
Hearing Officer. The Hearing Officer may be the Building Officer, Zoning Administrator, Fire Marshal. or the
department or division head of the department which issued the citation, any individual acting in one of the above~
enumerated positions or an independent hearing examiner where there is no uninvolved City employee qualified to
conduct the review.
Hearing Procedure. After you have deposited the fine in advance or the Director of Finance has granted you an
advance deposit hardship waiver, the hearing will be set for a date that is not less than five (5) days and not more than
thirty (30) days from the date that the request for review was filed. You will be notified of the time and place of the hearing
at least five (5) days prior to the date of the hearing. If you fail to appear, you will forfeit your fine and exhaust your right to
further City review. The administrative citation and any additional report submitted by City staff shall constitute prima facie
evidence of the respective facts contained in those documents. You will be given a copy of any additional report at least
three (3) days prior to the date of the hearing.
Written Decision. The Hearing Officer may continue the hearing and request additional. information from the
enforcement officer or you prior to issuing a written decision. The Hearing Officer will issue a written decision to uphold or
cancel the administrative citation with reasons within thirty (30) days after the conclusion of the hearing or the submission
of all written materials if no hearing is requested. You will receive a copy of the Hearing Officer's written decision.
Collection. The City may collect any past due administrative citation fines by use of all available legal means. If
you fail to pay any obligation when due, you will be liable in any action brought by the City for ail the City's costs incurred
in securing payment of the delinquent amount including, but not limited to, administrative costs and attorney's fees.
Right To Judicial Review. Any person aggrieved by an administrative decision of a Hearing Officer on an
administrative citation may obtain review of the administrative decision by filing a petition for review with the Superior
Court in Los Angeles County.
-- - - - .- - - - - - - - - - - - - - - - - - - - - -- - -- - - - .... - - - -.. - - - - - ... - - - - - - _ - ._ _ _ _ _ .... _ _ ..... .- _ 0_ _
e~
.=>
City of
Sauta MouieaW
September 26, 2005
[Officer: - . . -
Contact: (310) 458-4984 Ex!._
COMPLIANCE ORDER
Violation Location:
Case Number:
Inspection Date:
Approximate Time:
04COM1146
08/26/2005
10:00 AM
Code Compliance staff has determined that the following violation(s) of the Santa Monica
Municipal Code exist(s) at the above referenced location:
Code Section(s):
SMMC 8.08.050 Construction work without permit, 4.36
Tenant Relocation, 4.24.030 City permits conditioned on
removal permit.
Violation(s) Description:
1) The following work has been performed without permits:
a) Unit 3A was constructed as a conversion from a portion of Unit 3.
b) Unit 6A was constructed as a conversion from a portion of Unit 6.
Required Corrective Action(s):
1) Discontinue the use and/or occupancy of the dwelling 3A and 6A.
2) Provide relocation benefits to any displaced tenants as required by Santa Monica
Municipal Code Chapter 4.36.
3) Submit plans to the Planning Division for Architectural Review Board approval of
any exterior alterations including but not limited to door openings.
4) Submit a combination permit application and plans prepared by a licensed
architect or registered structural or civil engineer.
a. Authorize the work constructed without permit; OR
b. Return the structure to its approved use and configuration after obtaining a
permit from the Rent Control Board for the removal of controlled units
from the rental housing market; OR
c. Any combination of (a) or (b) allowed by law.
04COM 1146
5) Diligently pursue compliance and final approval by the Building and Safety
Division.
Compliance Date:
October 26, 2005
You are hereby directed to complete the Required Corrective Action no later than the
Compliance Date shown above. If you do not correct the violation(s) further enforcement will
commence after that date. This includes referral of your case to the City Attorney for an
administrative hearing before a Hearing Officer who may assess administrative penalties.
Penalty amounts range from $100 to $25,000 per day depending on the severity of the
violation. They are assessed for each day the violation continues to exist past the compliance
date. See the attached "Consequences of Noncompliance, Hearing & Appeal Process" for
additional information.
If permits and/or plans are needed for corrective action, please bring this compliance
order with you to the Building and Safety Division, 1685 Main Street, Room 111 at
Santa Monica City Hall.
If you have any further questions regarding this Compliance Order, please contact the
undersigned Code Compliance Officer' at (310) 458-4984 as soon as possible. Code
Compliance staff is available by phone during regular business hours: Monday - Thursday,
7:30 a.m. - 5:30 p.m. and alternate Fridays, 7:30 a.m. - 4:30 p.m.
BY ORDER OF THE BUILDING OFFICER, TIMOTHY P. MCCORMICK, P.E.
(Ext. ~)
Code Compliance Officer
Enclosure(s): Consequences of Noncompliance, Hearing Procedure & Appeal Process
Related Code Section(s): 3
Photo Evidence Attachment(s): 16
PM:hw
Page 2 of 2
....
-J
<iJy 0<1
5....... Monl.,."
Conseauences Of Noncompliance, Hearina Procedure And Appeal Process
Compliance Orders: City Officials issue compliance orders as an administrative remedy
to address violations of the Santa Monica Municipal Code. The use of this administrative remedy
does not preclude the City's use of other means to enforce its laws including criminal prosecution,
involuntary receiverships, injunctions and abatement warrants.
Hearing. If you do not correct the violation(s) identified in the Compliance Order by the
Compliance Date, the City Official shall advise the City Attorney's Office to schedule a hearing
before an independent Hearing Examiner. Unless the City Official determines that an emergency
exists, you will receive a written notice of the hearing in person or by mail between five (5) and
thirty (30) days prior to the hearing. The notice will contain the date, time and place at which the
Hearing Examiner will conduct the hearing.
At the hearing, you will be able to present sworn testimony and any other evidence about
whether a violation has occurred and/or that the violation has continued to exist. Unless otherwise
approved by the Hearing Examiner, you must submit any written evidence at least two days prior
to the scheduled hearing. The hearing proceedings will be recorded. You may also provide a
certified shorthand reporter to maintain a record of the proceedings at your own expense.
Hearing- Findings and Order: Within thirty (30) days after the hearing, the Hearing
Examiner will make findings and issue a determination regarding the existence of the violation
and the failure of the violator or owner to take required corrective action within the required time
period. If the Hearing Examiner determines that a violation occurred that was not corrected within
the time period specified in the compliance order, the Hearing Examiner will issue an
administrative order to correct the violation within a specified timeframe and specify any
administrative costs and penalties due.
Administrative Costs: Unless the Hearing Examiner grants an extension of the
compliance date specified in the compliance order, the responsible party for any violation must
pay all administrative costs incurred by the City related to the violation. This includes but is not
limited to costs of investigation, staffing costs incurred in preparation for the hearing and for the
hearing itself, and costs for all additional inspections necessary to enforce the compliance order.
Administrative Penalties: Administrative penalties may be imposed for violations in any
amount from $100 to $25,000 per day for each ongoing violation up to a maximum of $500,000
exclusive of administrative costs and interest. The Hearing Examiner determines the level of
penalties based on the violation's duration, frequency, recurrence, seriousness and impact on the
community as well as the violator's history, any good faith efforts to come into compliance and
economic impact of the penalty on the violator. Administrative penalties imposed by the Hearing
Examiner accrue from the date specified in the compliance order and cease to accrue on the date
the violation is corrected as determined by the City Official or the Hearing Examiner.
Failure to Pay: The failure to pay an administrative penalty is a misdemeanor. The City
may collect the assessed administrative penalties and administrative costs by use of all available
legal means, including but not limited to civil suit, criminal prosecution, and recordation of a lien or
imposition of a special assessment against the real property whereon the violation exists.
Right Of Judicial Review: Any person aggrieved by an administrative order of the
Hearing Examiner may seek review of the administrative order in the Superior Court. If you fail to
appear at your hearing without legal excuse, you will forfeit this right.
Additional Information: Complete requirements related to Compliance Orders can be
found in Chapter 1.10 Compliance Orders/Administrative Penalties of the Santa Monica Municipal
Code. Copies of the Santa Monica Municipal Code are available at the City Clerk's office, City
Hall, 1685 Main Street, Santa Monica or online at http://santa-monica.orQ. For further explanation
of your rights and responsibilities, please contact the Code Compliance Officer assigned to your
case at (310) 458-4984. The name of the officer and his or her direct extension phone number
are shown on your Compliance Order.
WHAT YOU NEED TO BRING
CH TIME YOU PULL A PERMIT
THE CITY OF SANTA MONICA:
CONTRACTORS
· Proof of Identification
· Proof of State of California Contractor's License and
Classification
· City of Santa Monica Business License
· Proof of valid and current Worker's Compensation
Insurance
· Letter of authorization if applicant is not the license holder
OWNER/BUILDERS
· Proof of Identification
· Owner/Builder verification form with original signature from the
owner.
· Proof of Ownership
Grant Deed
Trust listing the trustee
· If the applicant is the owner's representative you will need:
A notarized Letter of authorization,
A copy of the owner's identification,
Owner/Builder Verification form notarized and signed by
the owner.
. .....
J
City (If
Sa...a Ilenl.enl)l
City of Santa Monica
Building & Safety
'685 Main Street Rm 1 , 1
(3' OJ458-8355
Fax: 310-396-6473
8.08.050 Permits required.
(a) General. No person shall erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish any building, structure or building service
equipment regulated by this Chapter and the Technical Codes without first obtaining an
appropriate permit for each building, structure or building service equipment from the
Building Officer except as specified in this Section.
No person shall do any exterior sandblasting within the City without first
obtaining an appropriate permit for each separate work location or contractor.
No person shall perform any excavation or grading work without first obtaining
an appropriate permit from the Building Officer except as specified in this Section.
No person shall erect any temporary structures within the City without first
obtaining an appropriate permit from the Building Officer except as specified in this
Section.
Exemption from the permit requirements of this Chapter shall not be deemed to
grant authorization for any work to be done in violation of the provisions of the Technica'l
Codes or any other laws or ordinances.
(b) Temporary Structures. Temporary structures such as reviewing stands,
platforms, displays and other miscellaneous structures, sheds, canopies or fences used for
the protection of the public around and in conjunction with construction work may be
erected by special permit from the Building Officer for a limited period of time.
Buildings or structures erected under a special permit need not comply with the type of
construction or fire-resistive time periods required by the Building Code. Temporary
buildings or structures shall be completely removed upon the expiration of the time limit
stated in the permit.
(c) Work Exempt from Building Permit. A building permit shall not be
required for the following;
(1) One-story detached accessory buildings not more than fourteen feet in
height when used as tool and storage sheds, playhouses and similar uses, provided the
floor area does not exceed one hundred twenty square feet, the structure does not contain
electrical, mechanical or plumbing work and the structure confonns to the applicable
zoning regulations of Chapter 9.04 of the Municipal Code.
(2) Exterior freestanding walls and fences not over six feet high.
(3) Oil derricks.
(4) Movable cases, counters and partitions not over five feet nine inches high.
(5) Retaining walls that are not over four feet in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge or impounding
flammable liquids.
(6) Water tanks supported directly upon grade if the capacity does not exceed
five thousand gallons and the ratio of height to diameter or width does not exceed 2: 1.
(7) Platforms, walks and driveways not more than thirty inches above grade
and not over or surcharging any basement or story below.
(8) Painting, papering and similar finish work, including color or texture
coating of exterior plaster.
(9) Flooring when installed on a concrete floor slab or when weighing not
more that four pounds per square foot or replacing the same weight per square foot.
(10) Temporary motion picture, television and theater stage sets and scenery.
(11) Window awnings supported by an exterior wall when projecting not more
than fifty-four inches for one and two family dwellings and their accessory structures.
(12) Prefabricated swimming pools accessory to one and two family dwellings
in which the pool walls are entirely above the adjacent grade and the capacity does not
exceed five thousand gallons.
(d) Work Exempt from a Grading Permit. A grading permit is not required
for the following:
(1) An excavation below finished grade for basements and footings of a
building, retaining wall or other structure authorized by a valid building permit.
(2) Cemetery graves.
(3) Refuse disposal sites controlled by other regulations.
(4) Excavations for wells or tunnels or utilities.
(5) Mining, quarrying, excavating, processing or stockpiling of rock, sand,
gravel, aggregate or clay where established and provided for by law, provided such
operations do not affect the lateral support or increase the stresses in or pressure upon any
adjacent or contiguous property.
(6) Exploratory excavations under the direction geotechnical engineers or
engineering geologists.
(7) An excavation that is less than two feet in depth or does not create a cut
slope greater than five feet in height and steeper than one unit vertical in one and one-half
units horizontal (66.7% slope).
(8) A fill less than one foot in depth and placed on natural terrain with a slope
flatter than one unit vertical in five units horizontal (twenty percent slope), or less than
three feet in depth, not intended to support structures, that does not exceed fifty cubic
yards on anyone lot and does not obstruct a drainage course.
(e) Work Exempt from Plumbing Permit. A plumbing permit shall not be
required for the following:
(1) The stopping of leaks in drains, soil, waste or vent pipe, provided,
however, that should any concealed trap, drain pipe, soil, waste or vent pipe become
defective and it becomes necessary to remove and replace the same with new material,
the same shall be considered as new work and a permit shall be procured and inspection
made as provided in this Code.
(2) The clearing of stoppages or the repairing of leaks in pipes, valves or
fixtures, nor for the removal and reinstallation of water closets, provided such repairs do
not involve or require the replacement or rearrangement of valves, pipes or fixtures.
(.0 Work Exempt from Electrical Permit. An electrical permit shall not be
required for the following:
(1) Any electrical work authorized by a valid combination-building permit.
(2) Portable motors or other portable appliances energized by means of a cord
or cable having an attachment plug end to be connected to an approved receptacle when
the Electrical Code permits that cord or cable.
(3) Repair or replacement of fixed motors, transformers or fixed approved
appliances of the same type and rating in the same location.
(4) Temporary decorative lighting.
(5) Repair or replacement of current-carrying parts of any switch, contactor or
control device.
(6) Reinstallation of attachment plug receptacles, but not the outlets therefor.
(7) Repair or replacement of any over-current device of the required capacity
in the same location.
(8) Repair or replacement of electrodes or transformers ofthe same size and
capacity for signs or gas tube systems.
(9) Taping joints.
(10) Removal of electrical wiring.
(11) Temporary wiring for experimental purposes in suitable experimental
laboratories.
(12) The wiring for temporary theater, motion picture or television stage sets.
(13) Electrical wiring, devices, appliances, apparatus or equipment operating at
less than twenty-five volts and not capable of supplying more than fifty watts of energy.
(14) Low-energy power, control and signal circuits of Class II and Class III as
defined in the Electrical Code.
(15) Installation, alteration or repair of electrical wiring, apparatus or
equipment or the generation, transmission, distribution or metering of electrical energy or
in the operation of signals or the transmission of intelligence by a public or private utility
in the exercise of its function as a serving utility.
(g) Work Exempt from Mechanical Permit. A mechanical permit shall not
be required for the following:
(1) Any mechanical authorized by a valid combination-building permit.
(2) Portable heating appliance, ventilating equipment, cooling unit or
evaporative cooler.
(3) Closed system of steam, hot or chilled water piping within heating or
cooling equipment regulated by the Mechanical Code.
(4) Replacement of any component part of assembly of an appliance that does
not alter its original approval and complies with other applicable requirements of the
technical codes.
(5) Refrigerating equipment that is part ofthc equipment for which a permit
has been issued pursuant to the requirements ofthe technical codes.
(6) A unit refrigerating system as defined in the Mechanical Code. (Added by
Ord. No. 2054CCS S 2 (part), adopted 10/8/02)
4.24.030 City permits conditioned on removal permit.
A department, commission, board, or agency of the City shall accept for
processing applications involving the demolition, conversion or other removal of a
controlled rental unit from the rental housing market without requiring the owner of the
property to secure a removal permit under Section 1803(t), an exemption determination,
or approval of a vested rights claim from the Rent Control Board or requiring the owner
to withdraw the controlled rental unit pursuant to the provisions of the Ellis Act. In
approving any such application, the department, commission, board, or agency of the
City shall impose a condition that the final permit necessary to demolish, convert, or
otherwise remove a controlled rental unit from the rental housing market shall not be
issued until the owner of the property has first secured a removal permit under Section
1803(t), an exemption determination, an approval ofa vested rights claim from the Rent
Control Board, or withdrawn from the controlled rental unit pursuant to the provisions of
the Ellis Act. (Prior code ~ 4603; amended by Ord. No. 1153CCS, adopted 4/14/80; Ord.
No. 1589CCS g 1, adopted 7/23/91)
4.36 Tenant Relocation
4.36.010 Definitions.
For purposes ofthis Chapter, the following words and phrases shall have the following
meamng:
(a) Disabled Person. Any person who is receiving benefits from a federal, state, or
local government, or from a private entity on account of a permanent disability that
prevents the person from engaging in regular, full-time employment.
(b) Displaced Tenant. Any tenant who vacates a rental housing unit in the City for
any of the reasons set forth in Section 4.36.020.
(c) Landlord. Any owner, lessor, sublessor, or any other person entitled to receive
rent for the use and occupancy of a rental housing unit, or any agent, representative or
successor of any of the foregoing.
(d) Minor Child. Any person younger than eighteen years of age.
(e) Rental Housing Unit. A housing unit in the City of Santa Monica including a
room in a single family home, hotel or motel, roominghouse or apartment, single family
home, mobile home or mobile home space, trailer or trailer space, offered for rent.
"Rental housing unit" does not include any unit occupied pursuant to an innkeeper-guest
relationship.
(f) Senior Citizen. Any person sixty-two years of age or older.
(g) Tenant. Any tenant, subtenant, lessee, sublessee, or any other person occupying a
rental housing unit pursuant to a rental housing agreement. (Prior code ~ 4850; amended
by Ord. No. 1515CCS, adopted 2/27/90)
4.36.020 When relocation fee required.
(a) A relocation fee shall be paid in accordance with the provisions of this Chapter by
any landlord who terminates or causes the termination of a tenancy for any of the
following reasons:
(1 ) The landlord seeks to withdraw all rental housing units from the rental housing
market as provided in Government Code Sections 7060 et seq.
(2) The landlord seeks to recover possession of a rental housing unit pursuant to
Section 1806(h) or Section 1806(i) of the City Charter.
(3) The landlord seeks to recover possession to demolish or otherwise remove a rental
housing unit from residential rental housing use, including units that were illegally
converted to residential use, after having obtained all proper permits from the City, if any
such permits are required.
(b) A relocation fce shall be paid in accordance with the provisions ofthis Chapter to
a displaced tenant who serves a landlord with a notice to terminate tenancy after having
received written notice from either the landlord or the Santa Monica Rent Control Board
that the landlord has filed a Notice of Intent to Withdraw Residential Rental Units
pursuant to Government Code Section 7060.4 and Santa Monica Rent Control Board
Regulation 16002(a) or an Application for Removal Permit pursuant to Santa Monica
Charter Section 1803(t).
(c) The fee required by this Chapter shall be due and payable to a displaced tenant
whether or not the landlord actually utilizes the rental housing unit for the purposes stated
in the notice of eviction. (Prior code S 4851; amended by Drd. No. 1515CCS, adopted
2/27/90; Drd. No. 1946CCS S 2, adopted 6/29/99)
4.36.030 Notice to tenants being displaced.
(a) Any notice to terminate a tenancy which is served upon tenants for any of
the reasons set forth in Section 4.36.020 shall be accompanied by the following on the
form provided by the City:
(1) A written statement of the rights and obligations of tenants and landlords
under this Chapter;
(2) A written statement informing the tenants that the required relocation fee
has been placed in an escrow account or other account approved by the City;
(3) A written statement that the landlord has complied with Section 4.36.050.
If the landlord has complied with Section 4.36.050 by obtaining a City approval ofa
Displacement Plan, a copy of the Displacement Plan shall accompany the written
statement.
(b) A landlord shall comply with the provisions of this Section within two
working days after receiving a tenant's notice to terminate tenancy as set forth in Section
4.36.020(b). (Prior code S 4852; amended by Ord. No. 1515CCS, adopted 2/27/90; Drd.
No. 1765CCS S I, adopted 8/9/94; Drd. No. 2130CCS S 1, adopted 6/13/04)
4.36.040 Amount of relocation fee.
The amount of relocation fee payable pursuant to the provisions of this Chapter
shall be established periodically by resolution of the City Council in accordance with the
following formula: 1990 relocation fee adjusted for inflation by the percentage change in
the rent of primary residence component of the CPI - W Index for the Los
AngeleslRiverside/Orange County area, published by the United States Department of
Labor, Bureau of Labor Statistics, between March 1990 and the date of preparation of the
City Council resolution, rounded to the nearest fifty dollars.
(a) The 1990 relocation fee established pursuant to Ordinance 1515(CCS) and
determined according to the size of the retail housing unit, was as follows:
Housing Unit Size
Relocation Fee
Bachelor or Single
One Bedroom
Two Bedroom
Three Bedroom
Four or more
Bedrooms
$3,000.00
3,750.00
4,250.00
5,250.00
5,500.00
(b) If a tenant is evicted from more than one rental housing unit on a property,
the tenant shall not be entitled to receive separate relocation fees for each rental housing
unit. The tenant shall receive a single relocation fee based on the combined total number
of bedrooms in the rental housing units from which the tenant is being evicted. If one of
the rental housing units is a bachelor or single unit, it shall be counted as a one bedroom
unit for purposes of determining thc amount of the relocation fee (e.g., a tenant who is
evicted from a bachelor rental housing unit and a one bedroom rental housing unit would
receive relocation benefits for a two bedroom unit).
(c) If the rental housing unittfom which the tenant is being evicted is
furnished, two hundred fifty dollars shall be deducted from the amount set forth in
subsection (a) of this Section. For purposes of this subsection, a rental housing unit shall
be considered to be furnished if the landlord has provided substantial furnishings in each
occupied room of the rental housing unit.
(d) If one or more of the displaced tenants is a senior citizen or disabled
person, or is a tenant with whom a minor child resides, and the displaced tenant(s)
occupied the rental housing unit on or before November 17, 1999, an additional one
thousand dollars shall be added to the amount set forth in subsection (a) ofthis Section.
(Prior code S 4853; amended by Ord. No. 1515CCS, adopted 2/27/90; Ord. No.
1518CCS, adopted 3/27/90; Ord. No. 1962 CCS S 2, adopted 11/16/99)
4.36.050 Additional fee for required counseling.
(a) For each rental housing unit from which tenants are displaced for any of
the reasons set forth in Section 4.36.020(a}, prior to service of a notice to terminate
tenancy, the landlord shall pay a fee to the City in the amount of two hundred fifty dollars
to be used by City to pay for counseling or other assistance required by displaced tenants
as a result of displacement.
(b) In lieu ofthe fee required by subsection (a) ofthis Section, a landlord may
prepare a Displacement Plan which must be approved by the Community and Economic
Development Department prior to service of a notice to terminate tenancy. The
Displacement Plan shall identify the special needs of the displaced tenants, identify the
types of assistance that will be provided and include a commitment to pay for any such
assistance. At the time of submitting the Displacement Plan to the City for review and
approval, the landlord shall pay a fee to the City for such review and approval in the
amount of one hundred dollars for each rental housing unit. (Prior code ~ 4854; amended
by Drd. No. 1515CCS, adopted 2/27/90)
4.36.060 Deposit of relocation fee into escrow.
(a) The relocation fee required by this Chapter shall be placed in an escrow
account prior to service by a landlord upon any tenant of a notice to terminate tenancy for
one of the reasons set forth in Section 4.36.020(a) or within two working days of service
by a tenant upon a landlord of notice to terminate tenancy as set forth in Section
4.36.020(b). All costs of an escrow opened pursuant to the provisions of this Section shall
be borne by the landlord. Escrow instructions shall be approved by the City.
(b) The escrow instructions shall provide that monies deposited in the escrow
account shall only be distributed to displaced tenant in accordance with the instructions
of the landlord and that no monies deposited in escrow may be returned to the landlord
without the written approval ofthe City.
(c) In lieu of deposit of the relocation fee in an escrow account, a landlord
may deposit the fee in another account approved by the City. (Prior code ~ 4855;
amended by Drd. No. 1515CCS, adopted 2/27/90)
4.36.070 Payment to displaced tenants.
(a) Within two working days of the written request by the tenant, the landlord
shall deliver written instructions to the escrow holder to distribute all or a portion of the
relocation fee to a third party providing moving or replacement housing to the tenant. The
instructions shall direct the escrow holder to make the distribution within three working
days of delivery of the instructions.
(b) Within two working days of the vacation of the rental housing unit, the
landlord shall deliver written instruction the escrow holder to distribute the amount of the
remaining relocation fee to the displaced tenant or displaced tenants such rental housing
unit. The instruction shall direct the escrow holder to make the distribution within three
working days of delivery of the instructions.
(c) The entire fee shall be paid to a tenant who is the only displaced tenant in
a rental housing unit. If a rental housing unit is occupied by two or more displaced
tenants, the relocation fee shall be paid to all displaced tenants jointly. In no event shall a
landlord be liable to pay a total amount more than the fee required by Section 4.36.040 of
this Chapter for one rental housing unit, and the landlord shall have no responsibility or
liability for disputes between displaced tenants over allocation of the relocation fee
between such displaced tenants.
(d) In the event the landlord has been required to commence a legal action to
recover possession of the rental housing unit and a decision is rendered or a judgment has
been entered in favor of the landlord prior to the tenant's vacation of the unit, the
landlord may instruct the escrow holder to withhold from distribution to the displaced
tenant or displaced tenants of such rental housing units any unsatisfied monetary award
provided in such decision or judgment in favor of the landlord. Upon the judgment
becoming final, the City shall authorize the escrow holder to return to the landlord the
amount withheld. If no decision has been rendered or no judgment has been entered for a
monetary award in favor of the landlord prior to the tenant's vacation of the unit, the
landlord must authorize the distribution of the entire relocation fee in accordance with
Section 4.36.070. (Prior code S 4856; amended by Ord. No. 1515CCS, adopted 2/27/90;
Ord. No. 1518CCS, adopted 3/27/90)
4.36.080 Physical relocation in lieu of fee.
(a) In lieu of the relocation fee required by Sections 4.36.040 and 4.36.050,
the landlord may, at the landlord's option, relocate the displaced tenant into a comparable
replacement housing unit satisfactory to the tenant, in which event the landlord shall be
liable only for the actual costs of relocating the tenant, except that this Section shall not
abrogate any rights already created by Section 1806(h)(2) of the City Charter. A tenant
shall not unreasonably withhold approval of a comparable replacement rental housing
unit offered by the landlord. For purposes ofthis Section, a replacement unit shall be
comparable to the existing unit ifboth units are comparable in size, price, location,
proximity to medical and recreational facilities, parks, community centers, shops,
transportation, schools, churches and synagogues, amenities, and ifthe tenant desires,
location of the rental unit in the City of Santa Monica.
(b) If a tenant displaced for the reason set forth in Section 4.36.020(a)(2)
elects to occupy a noncomparable vacant unit on the same property from which that
tenant is being displaced, pursuant to the terms set forth in Section 1806(h) of the City
Charter, in lieu of the relocation fee required by Sections 4.36.040 and 4.36.050, the
landlord shall only be liable for the actual costs of relocating the tenant. (Prior code ~
4857; amended by Ord. No. 1515CCS, adopted 2/27/90)
4.36.090 Remedies.
(a) If any action by a landlord to recover possession of a rental housing unit for one of
the reasons set forth in Section 4.36.020, the landlord shall allege and prove compliance
with this Chapter.
(b) Any landlord who fails to provide relocation assistance as required by Sections
4.36.040,4.36.050,4.36.070 and 4.36.100 of this Chapter shall be liable in civil action to
the tenant to whom such assistance is due for damages in the amount of the relocation fee
the landlord has failed to pay, a civil penalty in the amount of five hundred dollars and
reasonable attorney's fees and costs as determined by the court. The court may also
award punitive damages in a proper case as defined by Civil Code Section 3294. Any
person, including the City, may enforce the provisions of this Chapter by means of a civil
action.
(c) Any person violating any ofthe provisions or failing to comply with the
requirements of this Chapter shall be guilty of a misdemeanor.
(d) No landlord shall attempt to secure from a tenant any waiver of any provision of
this Chapter. Any agreement, whether written or oral, whereby any provision of this
Chapter is waived, shall be deemed against public policy and shall be void. (Prior code ~
4858; amended by Ord. No. 1515CCS, adopted 2/27/90; Ord. No. 1939CCS S I, adopted
4/13/99)
4.36.100 Temporary relocation mandated by code compliance or by government
order.
(a) If a landlord is required to temporarily recover possession of a rental housing unit
in order to comply with housing, health, building, or safety laws of the State of California
or the City of Santa Monica, or if a tenant is required to vacate a unit upon the order of
any government officer or agency, the landlord shall provide relocation benefits to the
displaced tenant. These relocation benefits shall include both temporary housing as
provided in subsection (b) of this Section and moving costs as provided in subsection (c)
ofthis Section. In the event that the tenancy of such person is subsequently terminated for
one of the reasons set forth in Section 4.36.020, the landlord shall pay the relocation fee
required by Sections 4.36.040 and 4.36.050 and the landlord shall have no further
obligation for temporary accommodations under this Section.
(b) The type of temporary housing required by this Section is dependent on the
duration of the tenant's displacement. If a tenant will be displaced for a period less than
thirty days, the landlord shall relocate the tenant to a motel or hotel accommodation
which is safe, sanitary, located in Santa Monica, and contains standard amenities such as
a telephone. The landlord shall bear the full cost of this accommodation and also provide
the tenant with vouchers for food, laundry, and pet accommodations. If the displacement
will be for a period of thirty days or greater, the temporary housing shall be rental
housing. The rental housing shall be comparable to the tenant's existing housing in
location, size, number of bedrooms, accessibility, type and quality of construction,
proximity to services and institutions upon which the displaced tenant depends, and
amenities, including the allowance for pets should the tenant have pets. Should the
temporary housing be more expensive than the tenant's existing housing, the landlord
shall be responsible for the cost differential between the rent that the displaced tenant
pays for his/her unit and the cost of the temporary housing. The landlord and the tenant
may mutually agree upon a housing type other than the temporary housing required by
this subsection.
(c) Moving costs shall consist of all actual reasonable costs of moving, including,
transportation of personal property, packing and unpacking, insurance of personal
property while in transit, compensation for any damage occurring during moving, storage
of personal property, disconnection and reconnection of utility services and any other
additional costs attributable to a tenant's special needs, including needs resulting from
disability or age.
(d) The displacement and relocation of a tenant pursuant to this Section shall not
terminate the tenancy of the displaced tenant. The displaced tenant shall have the right to
reoccupy his/her unit upon the completion of the work necessary for the unit to comply
with housing, health, building or safety laws or any governmental order and the tenant
shall retain all rights of tenancy that existed prior to the displacement. (Prior code 9 4859;
amended by Ord. No. 1515CCS, adopted 2/27/90; Ord. No. 1939CCS 92, adopted Ord.
No. 1946CCS 93, adopted 6/29/99)
4.36.110 Applicability of relocation assistance requirements as provided in this
Chapter.
(a) The relocation assistance requirements set forth in this Chapter shall apply
to any tenant in possession of a rental housing unit on or after the effective date of the
ordinance amending this Chapter, including any tenant who has been served with a notice
to terminate tenancy for one ofthe reasons set forth in Section 4.36.020(a) prior to the
effective date of the ordinance amending this Chapter and has not yet vacated the unit.
(b) The landlord shall comply with the requirements contained in Sections
4.36.030,4.36.040,4.36.050, and 4.36.060 within five days of the effective date of the
ordinance amending this Chapter in the event that a notice to terminate tenancy for one of
the reasons set forth in Section 4.36.020(a) bas been served on a tenant or a notice to
terminate tenancy pursuant to Section 4.36.020(b) has been served on a landlord prior to
the effective date of the ordinance amending this Chapter. In the event that on the
effective date of this Section, a landlord has complied with the provisions of Section
4.36.060 previously in effect, but has not yet received a written request from a tenant for
distribution of the fee pursuant to Section 4.36.070, the landlord shall place in escrow the
additional amount of relocation fee required by Section 4.36.040 within five working
days of the effective date ofthis Section.
/
(c) Nothing in this Chapter shall limit the amount of the relocation fee that the
City Council may require under Government Code Section 65863.7. (Prior code ~ 4860;
amended by Ord. No. 1515CCS, adopted 2/27/90)
4.36.120 Inapplicability of Chapter to certain evictions.
(a) Notwithstanding Section 4.36.110, the requirements set forth in this
Chapter shall not apply to any tenant whose tenancy is terminated pursuant to a lawful
notice to terminate tenancy pursuant to Section 1806(h) ofthe City Charter served on or
before June 10, 1986.
(b) Section 4.36.100 shall not be applicable if the displacement and relocation
of the tenant is the result of an earthquake or other natural disaster.
(c) Section 4.36.100 shall not be applicable if the displacement and relocation
of the tenant is necessary to comply with the repair and retrofitting requirements of
Municipal Code Chapters 8.60, 8.64, 8.72,8.76, and 8.80. However, in the event of such
displacement, a landlord shall be responsible to pay the displaced tenant the difference
between reasonable rent actually paid for comparable temporary accommodations, and
the rent which would have been payable to the landlord had the displacement not
occurred, for any period of displacement which exceeds the following limits:
(1) For buildings less than five stories in height, one hundred eighty days, or
if asbestos removal is required, two hundred seventy days.
(2) For buildings five stories or more in height, two hundred seventy days, or
if asbestos removal is required, three hundred sixty days.
(d) The Building OHicer and Director of Planning and Community
Development may jointly authorize a longer time period to complete repair and
retrofitting if, prior to displacement, they find that due to circumstances unique to the
building, the repair and retrofitting will take longer than the preceding time limits.
Additionally, after tenant displacement, the Building Officer and Director of Planning
and Community Development may jointly grant a reasonable extension ofthe time limit
if they find that the landlord is proceeding diligently and expeditiously with repair and
retrofitting, and that the inability to complete the project within the established time limit
is due to the occurrence of events that were reasonably unforeseeable by and beyond the
control of the landlord; provided, however; that the landlord's inability to finance such
repair and retrofitting shall not be grounds for such an extension.
(e) The displacement and relocation of a tenant for repair and retrofitting
pursuant to Municipal Code Chapters 8.60, 8.64, 8.72,8.76, and 8.80 shall not terminate
the tenancy of the displaced tenant. The displaced tenant shall have the right to reoccupy
the unit upon the completion of the repairs and retrofitting and shall retain all rights of
tenancy that existed before the displacement. This amendment to subsection (d) of this
Section is declaratory of existing law. (Prior code ~ 4861; amended by Ord. No.
l515CCS, adopted 2/27/90; Ord. No. 1765CCS ~ 2; adopted 8/9/94; Ord. No. l837CCS ~
1, adopted 1/23/96; Ord. No. 1874CCS, adopted 2/25/97; Ord. No. 1962CCS ~ 3, adopted
11/16/99; Ord. No. 2130CCS ~ 2, adopted 6/13/04)
4.36.130 Coordination with other relocation requirements.
In the event that a landlord is required by any other governmental body to provide
relocation benefits to a tenant who receives a notice to terminate tenancy for one of the
reasons set forth in Section 4.36.020, such benefits shall be off set against the amount of
relocation benefits required by Section 4.36.040. This Chapter shall not apply to any
relocation plan approved by agreement by the Rent Control Board on or before June 24,
1986. (Prior code 9 4862; amended by Ord. No. 1515CCS, adopted 2/27/90)
VIOLATION(S)/CODE SECnONS(S):
SMMC 8.08.050
REMARKS:
Photo shows front elevation of the ro
Photograph taken on: 8/1/05
ENFORCEMENT OFFICER:
PAGE
1
Photo shows location of Unit 3 A and 6 A in relation to Unit 3 and Unit 6 .
Photograph taken on: 8/1/05
ENFORCEMENT OFFICER.
PAGE
2
VIOLATION(S)/CODE SECTIONS(S):
SMMC 8.08.050
REMARKS:
Photo shows Units idnetified as 3 and 3 A.
Photograph taken on: 8/1/05
ENFORCEMENT OFFICER.
PAGE
3
OLATION(S)/COD
SMMC 8.08.050
REMARKS:
Photo shows Units idnetified as 6 and6 A.
Photograph taken on: 8/1/05
ENFORCEMENT OFFICER.
PAGE
4
VIOLATION(S)/CODE SECTlONS(S):
SMMC 8.08.050
REMARKS:
Photograph taken on: 8/1/05
ENFORCEMENT OFFICE
PAGE
5
Photo shows ent door to Unit 3 A.
Photograph taken on: 8/16/05
ENFORCEMENT OFFICER:
VIOLATION(S)/CODE SECTIONS(S):
SMMC 8.08.050
REMARKS:
PAGE
6
Photo shows refri erator and microwave in Unit 3 A.
Photograph taken on: 8/16/05
ENFORCEMENT OFFICER:
PAGE
7
VIOLATION(S)/CODE SECTIONS(S):
SMMC 8.08.050
REMARKS:
Photo shows full bath in Unit 3 A.
Photograph taken on: 8/16/05
ENFORCEMENT OFFICER.
PAGE
8
C.E. CASE #
04com1146
Owner
VIOLATION(S)/CODE SECTIONS(S):
SMMC 8.08.050
REMARKS:
Photo shows Iivin area in Unit 3 A.
Photograph taken on: 8/16/05
ENFORCEMENT OFFICER
PAGE
9
Photo shows another view of Iivin area in Unit 3 A.
Photograph taken on: 8/16/05
ENFORCEMENT OFFICER:
PAGE
10
Photo shows ent door to Unit 6 A.
Photograph taken on: 8/16/05
ENFORCEMENT OFFICE
VIOLATION(S)/CODE SECTIONS(S):
SMMC 8.08.050
REMARKS:
PAGE
12
l.__~
C.E. CASE #
04coml146
Owner
VIOLATION(S)/CODE SECTIONS(S):
SMMC 8.08.050
REMARKS:
Photo shows refri erator and microwave in Unit 6 A.
Photograph taken on: 8/16/05
ENFORCEMENT OFFICER
PAGE
13
Photo shows full bath in Unit 6 A.
otograph taken on: 8/16/05
ENFORCEMENT OFFICER
PAGE
14
OLATION(S)/CODE SECTIONS(S):
SMMC 8.08.050
REMARKS:
Photo shows Iivin area in Unit 6A.
Photograph taken on: 8/16/05
ENFORCEMENT OFFICER:
PAGE
15
VIOLATION(S)/CODE SECTlONS(S):
SMMC 8.08.050
REMARKS:
Photo shows heater in livin area of Unit 6 A.
Photograph taken on: 8/16/05
ENFORCEMENT OFFICER:
PAGE
16
C.E. CASE #
04com1146
Owner
l ~ __
Photo shows electic meters for Unit 3 A and 6 A.
Photograph taken on: 8/16/05
ENFORCEMENT OFFICER:
PAGE
17