REPORT TO THE CITY COUNCIL
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: Rental Housing, Community Compliance, Special Teams, Administrative Support, Legal, and the recently implemented Night Team. 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.
Regarding cultivation, as of January 31, 2024, the team has confirmed three cultivation sites. Two citations have been issued for cultivation, one for $46,000 and one for $65,000, and these citations led to the removal of the cannabis from the cultivation sites. We are in the process of negotiating settlement agreements that would ensure no further cannabis cultivation at those two locations. On January 9, CAPP inspectors partnered with Fresno PD and other state Departments, served a search warrant at a commercial building, and seized 811 unlicensed marijuana plants and hundreds of pounds of illegal cannabis. At these cultivation sites, additional code enforcement violations were noted and will be addressed.
Regarding retail operations, as of January 31, 2024, our CAPP team has participated in twenty-four searches of tobacco retailers with various law enforcement agencies, including Fresno PD and the California Department of Cannabis Control, and the California Department of Tax. Illegal cannabis was found at sixteen of these businesses, including a private membership only indoor golf club. These searches resulted in the seizure of illegal cannabis products and illegal tobacco products.
Night Team
Following the Pilot Program, a permanent night team started November 30, 2023. Currently, this 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 Venders for current city and county permits and issue warnings and citations when needed. The team works along with other city entities on special events that occur throughout the city. The team is currently working with the Fresno County Department of Public Health on upcoming events happening this new year.
The night team members assist the daytime inspectors on all cases that call for evening or weekend inspections. The team currently maintains their own caseload of more than 60 cases and has closed 92 public nuisance cases. As of January 12, the night team has contacted more than 35 sidewalk vendors and verified licensing for more than 80 mobile vendors.
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 19 open cases with properties containing 345 rental units. Since the last quarterly report in October 2023, ASET has taken on 5 new cases in properties containing 32 units. Since October 1, 2023, the Reactive team has opened 270 cases, closed 294 cases, and currently there are 373 active cases.
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.
Please see below for highlights related to two of the active cases.
1. 740 N Fisher: (101 violations) Property Owner: Jeannie K Lai, Council District 7
This property consists of one building with four units. This case was initiated based on multiple tenant complaints and by information gained during the ASET vetting process. The initial ASET inspection took place on October 25, 2023, and the team found violations related to smoke alarm requirements, presence of pest infestations, mold/mildew/fungus-like substances, evidence of water leaks at the ceiling, damaged countertops, damaged flooring, damaged exterior stairs, and damage to the wood siding of the building. Re-inspections have been conducted and requests to extend notice deadlines have been granted to accommodate efforts to bring the property to code compliance. The case will remain open until full compliance is obtained.
2. 611 E Kearney: (131 violations) Property Owner: Premier Real Estate Investments, LLC, Council District 3
This property consists of two buildings: one is a garage used as an unpermitted habitable unit and the other containing ten units. This case was initiated based on multiple tenant complaints along with referrals from the code enforcement area team and by information gained through the ASET vetting process. The initial ASET inspection took place on August 16, 2023, and the inspectors found violations related to smoke alarm requirements, presence of pest infestations, mold/mildew/fungus-like substances, egress issues, broken windows, evidence of leaks at the ceiling, unpermitted garage conversion, damaged exterior components, vehicles parked on unimproved surfaces, and rubbish throughout. Re-inspections have been conducted and requests to extend notice deadlines have not been granted due to the lack of progress being made. A citation for $12,500.00 was issued on January 16, 2024, to motivate compliance. The property and the case will remain open until full compliance is obtained.
RHIA
Currently, there are 87,784 individual rental units registered in the Rental Housing Registry, which are located at 30,957 registered rental properties. Since the inception of the program, over 18,403 Baseline Health & Safety and Compliance Re-inspections have been performed. The virtual inspection program continues to be a viable alternative and are performed on an as needed basis. As of January 5, 2024, the Proactive Rental Housing Unit has billed $1,176,450 and collected $1,018,150 which is an 86.5% collection rate since the program’s inception. The team also continues to move forward with locating additional properties that should be registered.
The Rental Housing Team is also tasked with enforcing and educating owners and tenants of the City’s Multiunit Housing Smoking Prohibition Ordinance, which went into effect on January 1, 2022. There are currently 4 open and 235 closed smoking cases.
Mobilehome Parks
From October 1, 2023, to present, 39 complaint-based inspections have been completed, 17 cases have been closed, and 12 cases are currently active. The team has completed four maintenance inspections with a total of 690 spaces.
There are 27 Mobilehome parks with a total of 3,754 spaces in the City of Fresno. The Mobilehome Park Team has had several staff changes but has been able to continue to move forward without missing a beat. To date, the Mobilehome Parks Team has conducted approximately 1,347 initial inspections. The team has mailed approximately 676 initial Notice of Violations. Outreach events and consultations have been held at Mobilehome parks to provide residents with as much information as possible about the maintenance inspection process and notices. The team completed the hand delivery of 3,754 brochures to individual lots. They continue to work closely with the Finance Department to streamline the Permit to Operate process, as well as working on administrative tasks related to the Rental Stabilization Ordinance by assisting the Mayor’s office in standing up the Commission. For the first time in decades, the Rent Stabilization Commission convened to preside over rent increase applications.
Community Compliance - Council District Teams
As of January 11, 2024, there are 1,179 open and active cases in the City, and each Council district has the approximate caseload below:
District 1 - 202 cases
District 2 - 98 cases
District 3 - 322 cases
District 4 - 119 cases
District 5 - 161 cases
District 6 - 49 cases
District 7 - 228 cases
Community Compliance also has two Special Projects: Commercial Vacant Building Ordinance and the Blackstone Corridor.
Commercial Vacant Building Ordinance
Currently, there are 56 active Commercial Vacant Building (CVBO) cases, including six new cases since October 13, 2023. All commercial vacant properties are inspected at least once a month. The more problematic properties are inspected on a weekly or bi-weekly basis and are either maintained by the owner with Code Enforcement encouragement or via the abatement/administrative billing process. As of the last week in December 2023, all properties were secure. There are several “high activity” properties that require frequent inspections, including: 1308 W Iota (near Belmont and Highway 99), 6546 N Blackstone (car wash), 3789 N Hughes (former Fresno PD northwest station), 1331 N Wishon (medical office), and 4190 E Ventura.
There have been many success stories from the CVBO process. One property has been rehabilitated, and it is now occupied by a new business. Another vacant restaurant on Bullard Avenue has been completely boarded up and has on site security since October 2023. The Orchard Hardware Supply building on East Kings Canyon has also been completely sealed up with no activity for several months. The remainder have been maintained without additional violations for over a year. The overall response to the CVBO process continues to be very positive, with many property owners now actively maintaining their properties free of blight with minimal supervision.
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.
Over the last quarter, many of the properties have been under renovation, including Crossroads and the Rodeway Inn. Additionally, Manchester Tower Apartments remains vacant but secure. Efforts by property owners and members of the Blackstone Merchants Association and Fresno Area Hotel/Motel Operators Association continue to show improvements. However, nine automobile dealers in the Blackstone/Abby area have closed in the last quarter.
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 77 school areas.
Since the last quarterly report, the SAT has completed inspections and outreach in the following eight school areas: Hidalgo (D7), Addams (D3), Greenberg (D5), Webster (D7), Vinland (D4), Nelson (D2), Hamilton/Fresno (D2), and Edison (D3). 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 four school areas: Roosevelt (D5), Ewing (D7), Del Mar (D4) and Lawless (D2).
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 Hours, and took part in various community events, including D4’s Fall Fest at Large Park, D5’s Fall Festival at the Mosqueda Community Center, PARCS Kids Fest at Holmes Playground, Community Fair at Summerset Village Apartments, and Hmong New Year Event at Terronez Middle School. SAT also continues to reach the community via social media in several languages.
Abatement Team
The abatement team has completed 75 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 and cleans alleys throughout the City.
Other Special Teams Highlights
- The Demolition Team has facilitated six demolitions since the last Code Enforcement report; one completed directly by the City, and five completed by property owners with Code Enforcement oversight and motivation. Additionally, ten demolitions are in progress, three 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 nine applications for rehabilitation by owner in lieu of demolition are in progress.
- The Vacant Lots Team has achieved compliance on 290 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 122 high risk properties through fire season.
- The Tire Team collected over 4,000 waste tires from various locations throughout the City since the last Code Enforcement report. The next Waste Tire Amnesty Day event is scheduled for February 17, 2024, in District 3 (Fresno Chandler Executive Airport). Additionally, 65 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 77 administrative citations since the last Code Enforcement report. Seventeen 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, Accountant Auditor II and Accounting Technician. Along with five Staff Assistants and one Administrative Clerk assigned to Code Enforcement unit.
The Administrative team responds and opens cases from FresGO and incoming calls, process letters and public records requests. In October through December, this team processed 132 code enforcement Public Records Act requests, 1,359 calls and processed 1,899 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 November 2023, and a total of $218,954.58 was assessed on about 200 cases. 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 October 1, 2023, the legal team has worked on thirteen inspection and/or abatement warrants, initiated the receivership process on three properties, and represented the City at twelve administrative hearings.
Attachments: Attachment A - ASET Weekly Status Report
Attachment B - PowerPoint Presentation