REPORT TO THE CITY COUNCIL
October 10, 2024
FROM: ANDREW JANZ, City Attorney
City Attorney’s Office
BY: ERICA CAMARENA, Chief Assistant City Attorney
City Attorney’s Office, Code Enforcement
SUBJECT
Title
Progress of Code Enforcement, including ASET Quarterly report.
Body
RECOMMENDATION
Per Council Resolution, the City Attorney’s Office is to provide an ASET quarterly report, which includes a Code Enforcement update.
EXECUTIVE SUMMARY
The Code Enforcement Division of the City Attorney’s Office includes six Teams: the Night Team, Rental Housing, Community Compliance, Special Teams, Administrative Support, and Legal. Rental Housing includes the Anti-Slum Enforcement Team (ASET), Reactive Rental Housing, the Rental Housing Improvement Act (RHIA) Inspection Unit, Hotel/Motels, and the Mobilehome Parks Team. Community Compliance teams are dedicated to each Council District, as well as inspectors dedicated to commercial vacant buildings and the Blackstone corridor. Special Teams includes the School Area Team (SAT), and other teams dedicated to abatements, illegal dumping citations, tires, demolitions, and vacant lots. The Administrative Support Team includes the public facing counter, FresGO, Public Records Act (PRA) response, and accounting. Code Enforcement partners with the Legal Team on compliance agreements, inspection warrants, and court actions, such as petitions for receivership and injunctions. The Night Team aims to target code violations occurring after business hours and on weekends. Finally, multiple teams, including the Legal Team and Community Compliance, have partnered to implement the Cannabis Administrative Prosecutor Program (CAPP).
BACKGROUND
Cannabis Administrative Prosecutor Program
On August 29, 2023, the City entered a Memorandum of Understanding (MOU) with the Office of the Attorney General (OAG) to join forces in developing CAPP. This MOU integrates the resources of the OAG with the powers the City has to undertake efficient enforcement actions against illegal land uses that constitute public nuisances. Working in conjunction with one another, this partnership allows CAPP to enforce all laws related to illegal commercial cannabis activity, including retail, cultivation, and manufacturing. This MOU was automatically renewed.
Since May 1, 2024, the CAPP team, along with California Department of Cannabis Control and Fresno Police Department (FPD), has confirmed four cultivation sites resulting in three citations (two locations combined-same owner) in the amounts of $2,288,000, $635,000, and $158,000. These citations led to the removal and destruction of 3,081 unlicensed cannabis plants from these cultivation sites. In addition, the inspections leading to these citations revealed code enforcement violations, including electrical hazards and unpermitted structural work. Notices were issued to each of the property owners.
Regarding retail operations for the period since May 1, the team has participated in 14 smoke shop inspections with the help of FPD, the Fresno Fire Department (FFD), California Department of Tax and Fee Administration (CDTFA), and the Department of Justice. Illegal cannabis products were found at 12 of these businesses. It was noted illegal tobacco products were present at all 14 of these locations. The inspections resulted in the seizure of illegal cannabis and tobacco products by local and state agencies. Notices were issued to all 14 locations due to existing code violations.
Since May 1, CAPP also participated in 5 tobacco retail market inspections with various enforcement agencies including FPD, FFD, CDTFA, and the California Department of Tax and Fee Administration. Several of these commercial properties were identified by the police department as nuisances within the City of Fresno. All 16 markets were issued notices due to existing code violations including zoning and commercial code violations.
Night Team
The Night Team is comprised of three Community Revitalization Specialists (CRS), one Senior CRS, and a supervisor. The night team continues to enforce mobile and sidewalk vending throughout the City of Fresno. The team educates and provides resources to sidewalk venders to obtain necessary permits. They verify all Mobile Vendors for current city and county permits and issue warnings and citations when needed.
The Night Team is enforcing vending in parks throughout the City, which began with education and has escalated to citations for those vendors who do not have necessary permits or who violate other provisions of Resolution 2024-24 related to vending in parks. Additionally, the team works along with other city entities on special events that occur throughout the city; most notably on August 1, the Night Team worked with other Code Enforcement staff and FPD to successfully deter vendors from setting up during the Art Hop outdoor moratorium. The Night Team is assisting with Why Not Wednesdays and the Big Fresno Fair.
The Night Team members also assist the daytime inspectors on all cases that call for evening or weekend inspections. The team currently maintains their own caseloads of more than 160 cases combined and has closed 204 cases this quarter.
Rental Housing
ASET/Reactive
ASET’s goal is to increase the stock of affordable and habitable rental housing by pursuing and improving slum properties with substantial health and safety violations through enforcement, education, fines, receiverships, and compliance agreements.
ASET currently has 25 open cases on properties containing an estimated total of 325 rental units. Since May, ASET has inspected three new properties containing 10 units. The team has three properties pending an initial inspection with a total of 63 units. Since May 15, the Reactive Rental Housing Unit has opened 771 cases and has closed a total of 853 cases in the same time period.
The attached ASET Weekly Status Report is updated and posted on the City’s website every Friday, and it has additional information regarding each open ASET case.
1. 2630 W Andrews (130 violations) Property Owners: Srinivasu Angadala and Ramesh Yeevani, Council District 1.
This property consists of a two-story building with six units and an attached laundry room. There have been two prior cases at the property since 2022, one for excessive trash on the sidewalk and park strip, and another for illegal vehicle repairs in the parking lot and out front. The current ASET case was initiated through site visits, and information gained through the ASET vetting process. The initial ASET inspection took place on August 7, 2024, and the team found violations related to smoke alarm and carbon monoxide requirements, presence of pest infestations, egress issues, broken and missing windows, evidence of leaks at the ceiling, unpermitted water heaters and exterior components, inoperable vehicles, and the presence of junk and rubbish throughout. A re-inspection was conducted August 15, 2024, to clear missing smoke alarm and window violations. A Notice and Order was mailed and posted on August 28, 2024. On September 5, 2024, the owner confirmed receipt of the Notice and Order. The case will remain open until full compliance is obtained.
2. 4762 E Tulare Ave (128 violations) Property Owner: George E Auen, Council District 7.
This property consists of three units, one occupied, one vacant, and one owner-occupied. This case is a referral from the Reactive team, and the Initial Inspection was conducted on March 20, 2024. The vacant unit contained violations such as heavy mold/mildew/fungus activity, damaged roof throughout, damaged walls and ceilings, and damaged living room floor covering. The tenant occupied unit contained issues such as heavy roach infestation, damaged roofing throughout, electrical issues throughout, damaged bathroom flooring/walls/and ceiling. A Notice of Violation was mailed on March 26, 2024, and a Notice and Order was mailed May 10, 2024, with 128 total violations. This case will remain open until full compliance is obtained.
3. 1746 E Michigan (122 violations) Property Owner: Srinivasa Gouru, Council District 7.
This property consists of three occupied units. The Initial Inspection was conducted on July 11, 2024. Violations found in the units consisted of issues such as inoperable evaporative cooler, roach and mice infestation, damaged kitchen flooring and counters, bathroom floorboard and bathtub damage, dryer exhaust piping damaged, lack of emergency egress, and damaged walls. The Notice of Violation was mailed on July 23, 2024, and the Notice and Order was mailed on August 14, 2024, with 122 total violations. The case will remain open until full compliance is obtained.
4. 3869 E Olive Ave (274 violations) Property Owner: HM Richards LLC; Council District 7
This property consists of three two-story buildings with a total of 28 units. The property also has three carport structures, a separate laundry room, and a manager’s office. This case was initially opened by the Reactive team, but due to the condition of the property and several additional complaints from tenants, the case was turned into an ASET case. The Initial Inspection took place on February 14, 2024. Inspectors found violations such as missing smoke detectors, missing carbon monoxide detectors, no heat source, infestation of cockroaches and rodents, broken windows, damaged flooring, plumbing leaks, and electrical related issues. The exterior included violations such as damaged exterior walls, inoperable vehicles, graffiti, loose handrails and guardrails, damaged carport supports, and the presence of rubbish and junk. A couple of re-inspections have been conducted and more than half of the violations have been cleared. Re-inspections will continue, and the team will be issuing a citation. This case will remain open until full compliance is obtained.
RHIA
Currently, there are 88,634 individual rental units registered in the Rental Housing Registry, which are located at 31,189 registered rental properties. Since the inception of the program, over 18,744 Baseline Health & Safety and Compliance Re-inspections have been performed. Virtual inspections continue to be a viable alternative and are performed on an as needed basis. As of September 12, 2024, the Proactive Rental Housing Unit has billed $1,227,750 and collected $1,070,650 which is an 87% collection rate since the program’s inception. The team continues to move forward with locating additional properties that should be registered. The team has also been busy working on referral code cases for those properties that are not in compliance with the Rental Housing Improvement Program.
The Rental Housing Team is also tasked with enforcing and educating owners and tenants of the City’s new Multiunit Housing Smoking Prohibition Ordinance, which went into effect on January 1, 2022. There are currently five open and 287 closed smoking cases.
Mobilehome Parks
From May 1, 2024, to present, 36 complaint-based inspections have been completed, 1 case has been closed, and 35 cases are currently active. The team completed maintenance inspections at two parks with a total of 335 spaces and issued a total of 256 notices.
There are 27 Mobilehome parks with a total of 3,754 spaces in the City of Fresno. The Mobilehome Park Team has continued to conduct the required maintenance inspections of parks to ensure immediate health and safety issues are addressed. To date, the Mobilehome Parks Team has conducted approximately 1,926 initial inspections. The team has mailed approximately 1,078 initial Notice of Violations. Outreach events and consultations continue to be held at Mobilehome parks to provide residents with as much information as possible about the maintenance inspection process. The team has held two Informal Conferences, which is an appeal process provided for in the Mobilehome Parks Act. The team continues to work with the Finance Department on the Permit to Operate process, as well as administrative tasks related to the Rental Stabilization Commission. The Rent Stabilization Commission continues to convene when necessary to preside over rent increase applications.
Community Compliance - Council District Teams
As of September 20, 2024, there are 1,274 open and active cases in the City, and each Council district has the approximate caseload below:
District 1 - 183 cases
District 2 - 117 cases
District 3 - 357 cases
District 4 - 152 cases
District 5 - 181 cases
District 6 - 78 cases
District 7 - 206 cases
Commercial Vacant Building Ordinance
There are currently 53 active cases under the Commercial Vacant Building Ordinance (CVBO). Since the last quarterly report, 12 new cases were added to the CVBO list of properties via referrals from other departments and complaints from the public. 14 CVBO cases closed during this period. The CVBO Team continues to work with Property Owners and/or Managers on building permits and planning records if one has been initiated. There are 16 CVBO properties issued and/or pending issuance of a building permit. The team has also been encouraging Property Owners and/or Managers to submit a Vacant Building Plan and to register the building into the Vacant Property Registry.
During this quarter, the Blackstone Merchant Association has assisted on CVBO properties located along Blackstone Avenue. This association has assisted Property Owners and/or Managers of the carwash at 6546 N Blackstone, the Office Depot at 5705 N Blackstone, The Nursery at 4041 N Blackstone, and the Bobby Salazar’s at 2839 N Blackstone in providing resources and references for monitoring, maintaining and securing these vacant properties.
The majority of the CVBO properties continue to be maintained without additional violations for over a year. The CVBO team will continue to reach out to property owner/management to inform them of the ordinance requirements, such as actively monitoring and securing their property and addressing any blight or unpermitted occupancy.
Blackstone Corridor
We have a dedicated inspector who focuses on code enforcement issues throughout the Blackstone Corridor and works with the Blackstone Merchants Association. The area continues to improve with increased oversight and security. The inspector regularly walks the project area and works with property owners on security and blight issues.
During the last quarter, the Manchester Tower Apartments was sold, and the new owner will be renovating. The Manchester Center will be welcoming an El Super grocery store to the main floor of the former Sears building. Some vacant parcels along Blackstone have been filled, including the Furniture for You at Blackstone and Swift.
Special Teams
School Area Team (SAT)
The SAT provides pro-active code enforcement around schools. This team is focused on improving neighborhoods, providing pro-active code enforcement support to reduce blight, enhance safety, equip residents to become civically engaged, and connect low-income residents to housing resources to improve their quality of life. Since its inception in February 2020, the SAT has provided its services in 92 school areas.
Since the last quarterly report, the SAT has completed inspections and outreach in the following seven school areas located in District 6: Liberty, Riverview, Copper Hills, Fugman, Valley Oak, Granite Ridge, and Clovis North. A small number of cases in these areas will continue as they require additional time and effort to reach compliance.
SAT enforcement and outreach is now underway in the following school areas: Hoover (D4), Herrera/Terronez (D5), Tehipite (D7), and Lowell (D3).
SAT’s community outreach currently includes virtual neighborhood improvement discussions, virtual landlord forums, and SAT trailer events in each school area. The trailer events involve interaction with the community, providing useful information and resources to residents, and giveaways of SAT swag! In the last quarter, SAT also presented at multiple School Coffee/Engagement Hours, and took part in various community events, including Back to School Resource Fairs, Summerset Village’s Annual Community Event, D4 and D7 Beat the Heat Events, and D5’s Fall Festival. SAT also continues to reach the community via social media in several languages.
Abatement Team
The abatement team has completed 197 abatements since the last Code Enforcement report. This includes multiple board-ups, tall grass/weed abatements, and junk/rubbish clean-ups. The team also conducts abatements pursuant to warrants, assists with encampment cleanups, and cleans alleys throughout the City.
Other Special Teams Highlights
- The Demolition Team has facilitated seven demolitions since the last Code Enforcement report; two completed directly by the City, and five completed by property owners with Code Enforcement oversight and motivation. Additionally, five demolitions are in progress, four demolition applications are in progress, one rehabilitation by owner in lieu of demolition has been completed, nine rehabilitations by owner in lieu of demolition are in progress, and eleven applications for rehabilitation by owner in lieu of demolition are in progress. The Demolition Team is also working with the Legal Team in pursuit of receiverships for three properties.
- The Vacant Lots Team has achieved compliance on 651 cases since the last Code Enforcement report. Property owner compliance pursuant to enforcement and abatement by Code combined to account for these successes. The team also continues to work with Fire to prioritize and maintain a list of 120 high risk properties through fire season.
- The Tire Team collected over 4,050 waste tires from various locations throughout the City since the last Code Enforcement report, including resolution of 123 FresGO requests regarding illegally dumped tires. The next Waste Tire Amnesty Day event is scheduled for Saturday, October 12 at Pinedale Elementary in District 2. Additionally, 111 waste tire facility inspections were conducted since the last Code Enforcement report to ensure compliance with state and local regulations.
The Illegal Dumping Team has issued 86 administrative citations since the last Code Enforcement report. Twenty covert camera units are being used to combat illegal dumping and address complaints received from residents and businesses.
Administrative Team
The Administrative Team is managed by the Business Manager who oversees the Senior Management Analyst, two Principal Accountants, two Accountant Auditor IIs, and one Accounting Technician, along with five Staff Assistants and one Administrative Clerk assigned to Code Enforcement units.
The Administrative team responds and opens cases from FresGO and incoming calls, process letters and public records requests. In May through September, this team processed 498 code enforcement Public Records Act requests, answered 5,765 calls, and processed 3,970 correspondences.
Our Accounting Team processes citations and invoices, records liens, accepts payments, and processes deposits. With help from legal staff, participates in quarterly assessment hearings. Most recently, assessment hearings were held in September 2024, and $318,170.55 was assessed. These assessments are for past due fines, administrative costs, and abatement costs, and they are assessed on the property owner’s property taxes.
Legal Team
The legal team continues to see success in obtaining inspection/abatement warrants and petitioning the court for receivership. The legal team works on research memoranda and some ordinances and resolutions for Councilmembers on Code Enforcement related topics. The legal team also represents Code, Fire, and the Police Department at administrative hearings, and oversees the Eviction Protection Program.
Since May 1, 2024, the legal team has worked on twenty-seven inspection and/or abatement warrants, filed petitions for receivership on two properties, and represented the City at nineteen administrative hearings.
Attachments: Attachment A - ASET Weekly Status Report
Attachment B - PowerPoint Presentation