HomeMy WebLinkAboutCAP 2012-02-27 Item 2C - Report - 2011 Code Enforcement Annual ReportCity of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks
FROM: Jack Pace, Community Development Director
DATE: February 27, 2012
SUBJECT: 2011 Code Enforcement Annual Report
ISSUE
2011 Annual Report to the Council
BACKGROUND
The job of code enforcement is to field complaints on a wide variety of issues occurring on
private property. Complaints run the gamut from construction without a permit, junk vehicles,
debris, vacant structures, weeds and overgrowth, and improper parking on private property
(unimproved surfaces). We also investigate business license violations, land altering and
sensitive area violations, sign code violations and graffiti complaints.
DISCUSSION
In 2011, code enforcement opened 366 cases; 305 cases were closed or resolved.
Debris complaints comprised 30% of the complaints in 2011. Most of these occurred in
single family neighborhoods. Hoarders and scrappers contribute to the problem, as do
procrastinators and the disinterested.
Building code violations comprised 22% of the complaints. These are primarily
construction without proper permits. We are seeing more businesses and residents
attempting to bypass the permit process as a way to save money. Residential property
owners, in particular, are oftentimes financially unable to comply and require frequent follow
up and "handholding" to achieve resolution on these cases. It is not unusual for these cases
to take more than 12 months to conclude.
The "Other" category comprised 14% of the complaints. This category includes land
altering, sensitive area violations and other miscellaneous items not included in any of the
other categories. Land altering and sensitive area violations by residents are, like building
code violations, an attempt to avoid the permitting process as a way to save money. Like
building code violations, they are also very difficult and time consuming to resolve.
Business license investigations, Junk Vehicles, Overgrowth, Parking, Graffiti and
Sign code violations made up the final 34 In 2011 Code Enforcement did not actively
pursue many sign code violations, due to the new regulations and the fact that the mall area
businesses were so severely impacted by the Klickitat project. We expect to step up sign
code enforcement in 2012.
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Code Enforcement issued 106 infractions to business owners and residents for failure to
resolve code violations. 80% of these were contested in court, with the majority of the
contested cases coming to a satisfactory resolution. The remaining 20% remain
unresolved. Each infraction represents 30 -60 minutes of officer time, plus court appearance
time, if contested.
Process
Most code enforcement cases follow a similar process: We investigate and document the
complaint, issue a courtesy letter or "pre- notice" to the property owner with a description of the
problem, the code reference, and establish a compliance date (2 weeks). After the compliance
date, we revisit the site and determine if progress or compliance has been achieved. If no
compliance, we issue an official Notice of Violation, with a new compliance date (1 week). If still
no compliance we can issue civil citations or proceed with a court order of abatement, if
warranted.
In the majority of cases, the courtesy letter /pre- notice opens the door to conversation with the
property owner and we can obtain compliance by demonstrating reasonable flexibility on
compliance dates. This approach saves attorney and /or court time and money and leaves the
property owner feeling that they have been dealt with fairly.
Code Enforcement juggles the need to resolve code violations with many residents who are
dealing with foreclosures, job loss, overcrowding, neighborhood resentments, culture clashes,
past due bills, limited human services, and other major life issues. Residents have tough
choices to make fixing the non working (junk) vehicle on the front lawn, or buying food; paying
overdue bills or paying for garbage service. Achieving resolution in these cases is a matter of
flexibility, compromise, researching available resources, compassion and time.
Mandatory garbage and recycling collection would improve some of our debris issues in the
residential areas, by eliminating the self -haul "procrastinators" from accumulating their garbage
and rubbish.
Challenaes
1. The Economy. The impact of the economic situation is the biggest challenge for residents,
businesses and code enforcement. The ripple effect of unemployment, foreclosures and
other financial problems extends to most areas of code enforcement:
Families are "doubling up" two or more to a dwelling unit resulting in overcrowding,
additional garbage, noise, and parking issues.
Use of travel trailers or motorhomes as dwelling units on private property has increased.
We no longer have the requirement on the books that travel trailers, motorhomes and
RVs cannot be occupied as a dwelling unit outside a trailer park. It is very difficult to
prove this type of occupancy.
Businesses and residents are constructing, or clearing and grading without permits,
displaying illegal signs, dumping debris or storing it improperly all in an effort to avoid
paying permit fees.
Businesses are failing to obtain or renew their business licenses in a timely manner, due
to lack of funds.
Industrious but out of work backyard mechanics are performing under the table auto
repair at their home illegal and unlicensed and very difficult to verify and shut down.
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All of these items ultimately end up with code enforcement involvement.
2. Confusing rules and regulations, lack of general code knowledge "I didn't know that
needed a permit..."), and the attitude of asking for "forgiveness" rather than permission all
contribute to our workload. Complex code language and processes often increase the
"hassle- factor" and cause some citizens to take shortcuts.
3. Language and cultural barriers also contribute to the mix. Activities that are prohibited in
this City may be perfectly normal in the home country. Communicating across the language
barrier is difficult, as well, especially when it comes to explaining codes and regulations.
4. Citizens often expect that the City can (and will) instantly resolve their complaint. We find
that neighbors don't interact and work together to solve neighborhood issues, preferring the
anonymous hand of government to play the "bad guy" role. And they often have unrealistic
expectations of the compliance timeline.
5. Implementation of the Rental Housing Licensing program has reduced the number of
general code enforcement officer hours. This means that fewer cases can be investigated
and resolved and proactive code enforcement has been discontinued.
Next Steps What to Expect in 2012
Code Enforcement will continue to respond to complaints in a timely manner (usually within 2 -4
days) and continue various outreach efforts to educate citizens and encourage community
pride.
A revised vacant building ordinance will be presented to the Council in March 2012.
RECOMMENDATION
Information Only.
ATTACHMENTS
Code Enforcement Activities (2008 -2011) Graph
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2008-2011 Code Enforcement Activities