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g r¿ -~ c. Public Policv. Given the code enforcement approach and various ordinances that affect private property, there are also provisions for remedies for the landowner. The administrative appeal process (discussion following on pages 8-11 of this report) addresses the mechanism by which individuals may appeal the determination of a code violation. For nonconforming units, the owner may bring in proof of a building permit which are available through the County archives. If the unit was built before the mid 1940's and there are no health and safety issues, it may be permitted to remain as legal nonconforming regardless of whether or not parking was provided at the time of construction. Under the existing ordinances, an individual with an illegal dwelling unit or illegal garage conversion could take the following steps to come into compliance: . Apply for a variance and if not satisfied with the outcome, appeal to the City Council. (Unless there are special circumstances attributable to the site, staff will not grant the variance. ) . Eliminate the illegal use. In some cases, build more parking on-site to satisfy parking requirements for the accessory living unit(s) and/or the loss of parking created by the garage conversion. Or satisfy other City requirements. d. Other Cities. Code enforcement staff conducted a web site search and telephone surVey of ten (10) San Francisco Peninsula code enforcement jurisdictions. The purpose was to ascertain what methods are employed by these jurisdictions when receiving and processing concerns and complaints directed at municipal, zoning, and building code violations. The survey results are shown in Attachment #3. A significant and relevant finding was that the vast majority of cities do handle anonymous complaints. Some that do handle complaints anonymously though, have certain limitations. These limitations are due to budgetary and size of staff constraints, rather than a philosophy or directive by Councilor City Manager. Another significant finding is that a slight majority of cities do not have a proactive code enforcement program. That is not to say that they do zero proactive code enforcement, but that the limitations they have in terms of budget or staff preclude a proactive program. e. Summarv. For the majority of code enforcement issues the current program is working well. Aggrieved parties often "turn in" others with similar violations. In such circumstances, staff approaches these complaints as all others, with an emphasis on health and safety. Staff recommends no change to the current approach. 4. Administrative Appeal Process a. BackGround. There are several tools Redwood City uses to enforce violations of the City Code. These include criminal citations (infractions, misdemeanors, felonies), civil remedies such as injunctions, administrative citations, informal administrative enforcement hearings, permit revocations, summary abatement, abatement of nuisances, notices of violation, and stop work orders. On August 9, 1999, the City Council unanimously adopted Ordinance No. 2179. This -8- ,~". ~"T