REPORT TO THE CITY COUNCIL June 9, 2022 FROM: 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 Code Enforcement includes six divisions: Rental Housing, Community Compliance, Special Teams, Administrative Support, Legal, and Accounting. Rental Housing includes the Anti-Slum Enforcement Team (ASET), Reactive Rental Housing, the Rental Housing Improvement Act (RHIA) Inspection Unit, Motel Inspections, and the Mobilehome Parks Team. Community Compliance teams are dedicated to each Council District. Special Teams oversees 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, and Public Records Act (PRA) response. Code Enforcement partners with the Legal Team on compliance agreements, inspection warrants, and court actions, such as petitions for receivership and injunctions. The Legal Team includes investigators who perform a variety of legal and personnel investigations, and who also conduct inspections of businesses issued an Alcohol Beverage Conditional Use Permit (ABCUP). The Accounting Team performs all accounting functions for Code Enforcement, including providing support for the other divisions through processing administrative billings, citations, payments, and assessments. BACKGROUND Despite the COVID-19 emergency presenting significant challenges for Code Enforcement employees, all teams continue to embrace new projects such as taking over enforcement in mobilehome parks, enforcing commercial vacant buildings, the Eviction Protection Program (EPP), assisting with homeless clean-ups, and working with the administration on developing a cannabis dispensary enforcement team. Inspectors continue to conduct interior inspections, both in person and virtual, and progress cases towards completion. 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 fourteen open cases with properties containing 219 rental units. 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. Since March 1, 2022, the Reactive Unit has opened 352 cases, closed 302 cases, and has 303 active cases. Please see below for highlights related to three of the active cases. 1. 3935 N Effie St (282 violations) [Property owner: Gutierrez & Son, LP, District 7]. This property was built in 1962 and has a total of 42 units. An ASET case was opened on March 29, 2021. On March 30, 2021 ASET and Code Enforcement inspectors went to the property to conduct a full interior and exterior inspection of the property. From March 30, 2021 thru April 8, 2021, 27 units were inspected. Health and safety violations found included, but were not limited to, missing and improperly installed smoke alarms, missing and defective carbon monoxide detectors, roach infestation, incorrectly wired and loose outlets, broken windows, mold and mildew, inoperable and damaged heating and air conditioning units, unapproved electrical and excessive outdoor storage of rubbish/junk. A inspection warrant was granted to allow inspection of the remaining units, which were inspected on April 21, 2021. A Notice of Violation for the smoke alarms was issued on April 28, 2021, that included 31 units. All units from that notice have been cleared. A second Notice of Violation was issued on May 7, 2021 for inoperable HVACs and mold, that included 5 units and had a deadline of May 14, 2021. A Notice and Order with 282 violations was issued on May 13, 2021. Multiple re-inspections occurred, and as of May 13, 2022, all violations have been cleared and permits have been finaled. Case will be closed. 2. 4730 E Lamona (68 Violations) - [Property owners: Brian Sweet, Eric Nasalroad, District 7] This is an eight-unit complex. ASET issued a Notice and Order for 68 violations on April 13, 2021. The violations included exterior damage and dilapidation; cockroach and rodent infestation; damaged shower surrounds; ceiling damage from previous water exposure; missing and/or inoperable smoke alarms; missing windows; egress issues; wrecked and inoperable vehicles; and trash and debris stored throughout the property. Property owners promptly entered into a Compliance Agreement on May 7, 2021. A re-inspection was conducted on August 16, 2021, which resulted in 50% compliance. All health and safety issues had been addressed. A second addendum was granted and executed. A progress inspection was conducted on February 22, 2022, which resulted in new violations, but since then have been corrected. The exterior walls have been repaired and painted. New windows have been installed, and the exterior is now complete. The interior has also been completed and the only items pending are a couple of permits that need a final inspection. 3. Calwa Hotel, 3978 E Calwa (181 violations) [Property owner: Space Place LLC, District 5] This case was initially opened as a Motel; however, once inspected, its status changed to an ASET case. A first Notice and Order was issued on August 13, 2021 to address dangerous building conditions and a reinspection reflected the immediate health and safety concerns had been addressed. A second Notice and Order addressing the remaining 181 violations was issued on September 13, 2021. A Compliance Agreement was signed on January 27, 2022. The entire complex is now vacant and is in the process of being registered as a vacant building. The two wrecked and abandoned vehicles have been removed. The large piles of trash and debris have been removed. The two unpermitted staircases, one in the rear of the building and one on the west side of the building, facing the alley, have been removed. New plans were submitted and approved and a permit was issued to allow construction of new staircases. The owner is currently seeking bids from contractors to complete the work. The owner has started cleaning out the long vacant bottom floor commercial units. The damaged cinder block wall that faced the alley has been removed. On March 8, 2022, the owner submitted an application for a permit to the Planning department to convert this existing 5,400 sq. ft. second floor hotel to 12 multi-family units with an office and lobby area. The 5,400 sq. ft. first floor would remain as is with a laundry mat, grocery store and storage with 12 parking stalls. The proposal is more than halfway through the review process. The building is being kept clean and secure. The property is inspected once a week to ensure compliance with the agreement signed by the owner with the City Attorney's office. RHIA Currently, there are 86,186 individual rental units registered in the Rental Housing Registry, which are located at 30,707 registered rental properties. Since the inception of the program, over 14,475 Baseline Health & Safety and Compliance Re-inspections have been performed. The virtual inspection program continues to be a viable alternative during the ongoing Covid Pandemic and are performed on an as needed basis. Rental Housing staff recently identified 609 unregistered rental properties. Owners of those properties are being issued Notices of Violation for failing to register their rental properties as required under the Rental Housing Improvement Act. Owners who fail to comply by the registration deadline listed on their Notice of Violation will be issued Administrative Citations until compliance is obtained by way of property registration through the City of Fresno's Rental Housing Registry. 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. On May 13, 2022, our office participated in a training for apartment managers and apartment owners regarding the ordinance requirements, penalties, and resources. There are currently 18 open and 68 closed smoking cases. Mobilehome Parks On July 1, 2021, the City assumed control over all mobilehome parks in the jurisdiction. There are 27 parks with a total of 3,754 spaces. Code developed a Mobilehome Parks Team comprised of four inspectors. The mobilehome park inspectors are responsible for responding to complaints regarding mobilehome parks and units and conducting proactive maintenance inspections of mobilehome parks. The City is required to enforce only California mobilehome park law within mobilehome parks, and enforcement of the Fresno Municipal Code is prohibited. The City must also follow the enforcement tools contained within state law, which include notices of violation and suspension of the park's Permit to Operate, but no citations. The Mobilehome Parks Team has 20 open reactive cases, and 55 closed cases. The Mobilehome Park Team has been working with multiple departments including Building and Safety, Planning, Finance, and the California Department of Housing and Community Development (HCD) to create policy and procedures to enforce the applicable law. The team has participated in multiple classroom and field trainings with the State. A representative from HCD was in Fresno on March 22 and 23, 2022 to conduct an evaluation of all parts of the City's program, affecting multiple departments, including Finance, Planning, and Code Enforcement. Pursuant to the Mobilehome Park Inspection Program. The Mobilehome Parks Team conducted their first proactive maintenance inspection of Modern Mobilehome Park in District 5 on April 13, 2022. The inspection resulted in 30 Notice of Violations mailed. The proactive maintenance inspection of Westfall Mobilehome Park in District 7 was completed on May 25, 2022. The Mobilehome Park Team is in the process of scheduling the next mobilehome park proactive maintenance inspection. Community Compliance - Council District Teams As of May 25, 2022, there are 2,206 open and active cases in the City; and each Council district has the approximate caseload below: District 1 - 398 cases District 2 - 211 cases District 3 - 554 cases District 4 - 235 cases District 5 - 205 cases District 6 - 153 cases District 7 - 406 cases Code Enforcement has received a significant increase in complaints associated with homeless individuals and encampments on private property. Code is working with the Homeless Assistance Response Team (HART) to establish a protocol for how the respective units will respond to these complaints, depending on whether the violations are on private or public property. On April 6 and April 8, 2022, Code Enforcement and HART collaborated on the cleanup of an encampment on Dan Ronquillo Drive in District 3. Code worked with multiple property owners and Cal-Trans to ensure the entire area remained clean after the cleanup with completed. The property owners signed a compliance agreement requiring them to keep the properties free from violations for two years. Commercial Vacant Building Ordinance On July 19, 2021, amendments to the Vacant Building Ordinance became effective increasing the requirements for vacant commercial buildings. An inspector was assigned to commercial vacant buildings, and he has made great progress in inspections and compliance. Currently there are 38 active cases. All cases have either been cooperating voluntarily with the Courtesy Notice they received or are progressing through the Notice and Order process. Since the previous update several properties have been added to our case list and initial inspections have been done and Notices have either been issued or are pending. So far, five CVBO cases have been brought into compliance and closed. Several more are expected to close within the next 30-60 days. One of those cases concerns a vacant structure that's been a problem since 1998 which is being demolished by the owner. Also, several property owners have already submitted plans to rehabilitate and occupy currently vacant structures. To date, property owners have been remarkably receptive to the CVBO process and are willingly moving toward compliance - often despite obstacles slowing the rebuilding process such as fire damage, insurance issues or the plan approval process. No citations have been issued. 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 of 2020, the SAT has provided its services in 33 school areas. Since the last quarterly report, the SAT has completed inspections and outreach in the following eight school areas: Fremont (D1), Burroughs (D7), Centennial (D4), Aynesworth (D5), Addicott/Scandinavian (D4), Roeding/Williams (D1), Storey (D5), and Eaton/Ahwahnee (D6). 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: Wolters (D4), Holland (D4), Yokomi (D3), and Figarden (D2). SAT's community outreach currently includes 4-week virtual neighborhood improvement discussions, virtual landlord forums, and FresGO 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 took part in the Community Health Fair Block Party at the Mosqueda Center and provided FresGO training to residents in Spanish. SAT also continues to reach the community via social media in several languages. Abatement Team The abatement team has completed 71 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 warrant and cleans alleys throughout the City. The abatement team has been expanded to consist of three Light Equipment Operators and ten Laborers. Other Special Teams Highlights - The Demolition Team has facilitated six demolitions since the last Code Enforcement report; three completed directly by the City, and three completed by property owners with Code Enforcement oversight and motivation. Additionally, one property has been fully rehabilitated by property owner after Code Enforcement motivation. Further, five demolitions are in progress, four demolition applications are in progress, six rehabilitations by owner in lieu of demolition are in progress, and four applications for rehabilitation by owner in lieu of demolition are in progress. Demolitions have proven to be a significant and increasing cost to the City Attorney/Code Enforcement budget. - The Vacant Lots Team has achieved compliance on 203 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 121 high risk properties through fire season. - The Tire Team collected 5,548 waste tires from various locations throughout the City since the last Code Enforcement report. Another 740 waste tires were collected at the Waste Tire Amnesty Day event held in District 3 on Saturday, April 9, 2022. The next amnesty event will occur in October of this year. Additionally, 172 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 16 administrative citations since the last Code Enforcement report, 26 year-to-date, and over 685 illegal dumping citations since 2015. Sixteen covert camera units are now used to combat illegal dumping and address complaints received from residents and businesses. Additionally, the team is in the process of using grant funds to purchase its first solar-powered camera unit to be used at locations where power is not available. Legal Team ABCUP Inspections In February 2021, the City Attorney's Office legal investigators began an education and inspection program for businesses with Type 20 and 21 Alcohol Beverage Control (ABC) licenses. These businesses include convenience stores, liquor stores, and other stores selling alcohol for offsite consumption. Each business must have an ABCUP to operate, and each has conditions. The investigator will provide an educational binder to the business, which includes a notice of an inspection scheduled two weeks later. Then, during the inspection, the investigator goes over a checklist with the business representative. If violations are found, a Notice of Violation is sent, giving the business 30 days to correct the violation before a re-inspection occurs. As of May 17, 2022, 329 businesses have been inspected, 55 Notices of Violation have been sent, and 65 re-inspections have occurred. All businesses with a Type 20 or 21 ABC license have been inspected, except for those falling into a retail category like Target, Walmart, or large grocery stores. Eviction Protection Program On July 26, 2021, the City launched the Eviction Protection Program (EPP) to help prevent illegal evictions. Legal staff receives inquiries from tenants facing eviction, and they are screened. Eligible tenants are contacted by outside counsel for representation in the eviction proceedings. Tenants are also provided additional resources, including referrals to the Emergency Rental Assistance Program or housing resources, if necessary. In cases where tenants allege substandard housing conditions, an inspection is conducted to confirm and add merit to this defense. As of May 20, 2022, legal staff has screened 690 tenants and 343 have been referred to outside counsel. Of those referred, many have had successful results, including preventing the unlawful detainer trial from moving forward in twenty-eight cases, forty-six cases resulting in increased move out time, and thirteen cases resulting in reduction of amount owed. Accounting Team The Accounting Team is preparing for the next Assessment Hearings, which are scheduled for June 1 and 2, 2022. Attachment: Attachment A - ASET Weekly Status Report Attachment B - PowerPoint Presentation 2