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OVERVIEW: CODE ENFORCEMENT & CONCERNS IN ARLINGTON
Work Session May 30, 2017
WORK SESSION PURPOSE
o To provide an overview regarding the County’s enforcement agencies, with special focus on the legal authority for operation, organization, inter-agency relationships and protocols
o Discuss issues that have been raised recently by County Boardmembers and the community
2
WORK SESSION OVERVIEW
o Backgroundo What we doo What we don’t doo Challenges to our effectivenesso Concerns that have been raisedo Conclusions
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WHO WE ARE
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Code Official
Code Technician
Code Technician
Elevator Specialist
InspectorInspector
Code Supervisor
Code Supervisor
o 14 FTEs: $1.5 million FY 2018 budgeto ICC Certified Property Inspectorso VA DHCD Certified Building Maintenance Inspectorso FEMA Certified Disaster Inspection Specialtieso Rutgers University Certified Noise Inspectorso 2 VA DHCD Certified Code Academy Instructorso 50% Inspection Staff are multilingual (speaks 8
languages)
Inspector
Inspector
Inspector Inspector
Inspector
Inspector
Inspection Services Division (ISD)Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
Community Planning, Housing & Development (CPHD)
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
Zoning
CODE ENFORCEMENT LEGAL AUTHORITY
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FEDERAL
STATE
LOCAL ORDINANCES
SITE SPECIFIC
ORDINANCES
Constitutionals, ADA, FOIA, FDA, EPA, ATF Laws
*Virginia Maintenance Code*Virginia Uniform Statewide Building CodeVirginia Public Health and Food Codes
*Condition of Private Property Ordinance*Noise Control Ordinance*Sidewalk Snow Removal Ordinance*Blight Ordinance*Building StandardsZoning Ordinance
Use PermitsVariancesSite Plan Conditions
*Code EnforcementLegal Authority
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
ZONING ENFORCEMENT LEGAL AUTHORITY
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LOCAL ORDINANCES
SITE SPECIFIC
ORDINANCES
Condition of Private Property OrdinanceNoise Control OrdinanceSidewalk Snow Removal OrdinanceBlight OrdinanceBuilding Standards*Zoning Ordinance
*Use Permits*Variances*Site Plan Conditions
*Zoning EnforcementLegal Authority
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
o Code Enforcement is complaint-based and proactive.o Zoning Enforcement is complaint-based.
CODE ENFORCEMENT | ZONING
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Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
CODE ENFORCEMENT ZONING ENFORCEMENTStructures and conditions of properties
Land use concerns
Appeal to Board of Building Code Appeals, Virginia Technical Review Board or County Manager
Appeal to Board of Zoning Appeals, tickets appealed to General District Court
Building safety Building restrictionsAverage compliance 47 days Average compliance 33 daysNotices issued upon verified violation Verbal warnings issues & documentedCriminal/civil enforcement limited with provisions to correct violation
Civil enforcement until $5,000 max reached then becomes criminal
Proof beyond reasonable doubt Preponderance of evidenceSearch Warrants required when request for inspection are refused
Search Warrants required when request for inspection are refused
ENFORCEMENT WORKLOAD
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2013 2014 2015 2016
2,73281%
2,31572%
1,54573%
2,44379%
67923%
58227%
64121%
64019%
COMPLAINTS
PROACTIVECASES
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
2,994
2,127
3,0843,372
ENFORCEMENT WORKLOAD
66,183 63,049
81TOTAL PARCELS DEVELOPED PARCELS UNSAFE PROPERTIES
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
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HOW WE WORK
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“Advocate for Community Health and
Safety”
“Promote high-quality customer service”
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
o Intensive service training required in codes development, building standards & legal enforcement protocols
o Enforcement is a comprehensive inspection and legal process
o Staff are informative, respectful, equitable and firm
o Investigations are proactive, periodic, programmed or are triggered by complaints
o Enforcement triggered by failure to comply with notices
o Focus on safe occupancies
HOW WE WORK
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Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
INVESTIGATE VALIDATEPROVIDE NOTICE
WAIT FOR COMPLIANCE REINSPECT COMPLIANCE
INVESTIGATION PROCESS
ENFORCEMENT
COURT SUMMONS
CURE VIOLATION
CIVIL INFRACTION
COMPLIANCE
WHAT WE DO
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Safe Occupancies Initiative Customer Service Initiative
Post Fire Inspections
360 Degree Compliance Review
Customer calls encouraged
Clean & Lien Initiative
Complaint Investigations
Periodic Elevator Inspections & Compliance
Significant content on the Building Arlington website (building.arlingtonva.us)
Established partnerships to achieve success
Common Area Inspections-Multiples
Unpermitted Construction & Illegal Uses
Increased field presence (reorg & mobile workforce initiative)
Noise Control Ordinance Exemption Reviews
Proactive Community Surveys
OEM Initialized Damage Assessment
Customer Compliance Coaching
Customer engagement through civic associations
Hoarding Task Force
Accelerated responses to life-threatening code violations
Service & compliance expectations provided to complainants
Extensions of compliance & participation in appeal hearings
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
WHAT WE DON’T DO
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Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
Too many unrelated persons in a home
Live entertainment & dance hall permits
Unwanted circulars and their schedule of delivery
Zoning use permits, variances or other special exemptions
Food safety concerns Water on sidewalks or in streets
Tenant/landlord relations Parking issues streets; Request for permit parking; Broken parking meters
Pet waste pick-up issues; Unleashed animals
Any criminal or life safety issues addressed by the police
Housing voucher inspections & administration
Fences less than 6’ tall; Retaining walls shorter than 3’
CHALLENGES
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o Bypassing the process: groups/individuals using their influence to bypass County process
o Retaliatory complaints: cases that are generated because a person doesn’t agree with the other person
o Anonymous complaints: making complaints without contact info or specific details
o Case filings based on racism, bigotry or standing; aggressive citizens
o Non-related calls: 50% of calls received are not code enforcement, one-third are angry or contentious at the beginning of contact/call
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
CONCERNS
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o Derelict Properties o Nighttime Noise Enforcemento Cyclical Properties
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
DERELICT PROPERTIES
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ENFORCEMENT STRATEGIESo Court Enforcemento Board-Up and Secureo Blight Ordinance
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
CONCERNSo Timeline is longo Additional laws are neededo Complex ownership issues
What is a derelict property?o Unsafe/unfit o Vacant, stalled compliance
NIGHTTIME NOISE
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CONCERNSo Confusion about who to callo Managing citizen
expectations regarding noise
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
ENFORCEMENT STRATEGIESo Coordinating Agencies & Protocolso Pre-construction meetingso Issue Stop Work violation to permit holders who
violate noise ordinance
What are the primary nighttime concerns?o Construction activitieso Dogs barking
CYCLICAL PROPERTIES
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Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
CONCERNSo Complaints of arbitrary
enforcemento Inadequate enforcemento County methods to correct
violationso County enforcement of
encroaching & overgrown vegetation on “butterfly gardens” & “certified wildlife habitats”
o Assessment of unused personal items, stored outside, as trash & debris
ENFORCEMENT STRATEGIESo Civil Infractions & Self-Help
Protocols
What is a cyclical property?o Has vegetation overgrowtho Openly stored trash & debris
at exterior
CONCLUSIONS
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Background
What we do
What we don’t do
Challenges to our effectiveness
Concerns that have been raised
Conclusions
o Safe Occupancies is our primary focus
o Proactive, periodic, programmed, &comprehensive investigations
o Legal process enforcement; triggered by failure to comply with written notice
o Staff Training is extensive
o Informative, respectful, equitable& firm Code Enforcement staff
visit our website to learn more: building.arlingtonva.us
