Cracking the codes

Spring has sprung! I love this time of year when the fields are bright yellow and green.  As I travel between my offices in Sonoma and Santa Rosa, I am reminded there are few sights more gorgeous than the Highway 12 corridor during the spring.  I am especially thrilled to know that one year from now, the corridor will be made more beautiful by façade improvements, sidewalks, lighting, and families safely traversing the Springs.

Getting up to code

As part of my role as Supervisor, I relish in opportunities to learn about all elements of the First District. Recently, the First District Team (Pat, Jennifer and I) spent a few hours touring the valley with our district’s Code Enforcement Inspector, Mike Carey.  Mike is part of a cadre of Code Enforcement Inspectors who work for the county through Permit & Resource Management Division (PRMD). Each inspector is assigned to a geographical area as well as other duties as assigned.  Mike works on a multitude of issues, such as junkyard conditions, hoards, building codes, unpermitted uses, etc. These issues are important because they often affect the quality of life in neighborhoods and the larger community.

We began the tour on the northern side of the valley and ended it nearly three hours later out in the Carneros region of Schellville. Mike showed us at least 15 properties that our office has dealt with over the past 12 months. We saw junkyards housing people struggling to survive; building code violations that were either in the process of abatement proceedings or that had been successfully resolved; abandoned buildings with fascinating pasts; and even sites in the midst of positive transitions.

We were able to ask many questions and learn a tremendous amount about the complex world of Code Enforcement.  While I had a strong understanding of the process prior to the tour, viewing the properties alongside Mike was an invaluable experience for me.  His knowledge, compassion, and interest in assisting the public are admirable – and his job is a difficult one.

My office receives calls every day from constituents who need help navigating issues and Code Enforcement is an invaluable resource for us to help assist the public.  In that vein, I wanted to share with you some process details and invite you to contact my office if you have an issue where we can assist.

How are matters referred to Code Enforcement?

Complaints are taken from many sources besides a supervisor’s office, including the public at large, other regulatory agencies and jurisdictions, and from PRMD staff. To report a code violation regarding building, zoning, grading, or well and septic issues, please email Johana Herrera at [email protected]  or call 565-3491.

 You can also visit the main Code Enforcement webpage at http://www.sonoma-county.org/prmd/FAQ/code-enf.htm. Here you can email complaints or find out more information. Of course, you can always contact my office at 565-2241 or email me at [email protected].

Often, people who have initiated the complaint or who are affected by an issue wonder why the resolution isn’t immediate. I asked County Counsel to explain the difficulties in resolving a Code Enforcement issue when the individual(s) are resistant.

Why aren’t problems resolved immediately?

“There are many reasons that affect the successful resolution of a Sonoma County Code enforcement case because each case is specific to the real property itself, the property owners, and the gravity of the code violation.

“One main deterrent of prompt resolution of a code enforcement matter is when the property owner is resistant because they lack the financial resources to fund the clean-up of their property or the required construction that is necessary to bring their property into compliance.  Examples include properties that are legally considered junkyards, nuisances to the public, and where the violations are large and costly to remediate.  Other examples are substandard housing conditions that are tied to those conditions, for example, homes with hoarding histories.

“Before the downturn in the economy, property owners could look to home equity lines of credit or refinancing for sources of funding for the required actions, but that is less likely an option now.  The County does not have sufficient funding to enter all properties that are in violation and take the necessary steps to physically correct the code violations. It is important for the members of the public to know that they can file a private lawsuit for ‘nuisance’ against a troubled neighborhood property at any time, requesting that the court order the property owners to clean up their property.  This action is separate and different from the County’s actions against that property, and can be done simultaneously.”

So, what are the steps taken to resolve the issue?

County Counsel: “The steps to process a code enforcement case depends upon the nature of the violation. Most violations are processed through the County’s Administrative Hearing process which starts with a courtesy notice or notice of violation mailed to the property owner.

“If an agreement cannot be reached to resolve the matter informally at that stage, or if the property owner is simply unwilling to comply, the violation will proceed through a noticed hearing before an independent hearing officer, wherein both the County and the property owner have a right to provide testimony and evidence.

“If the matter is not resolved by the property owner after the Administrative Hearing Decision is issued, then civil litigation to enforce that decision may be commenced against the property owner.  This process takes time because of the need to provide legal due process to the alleged violator.

“If the property owner has the means to resolve the violation, often the court will take this into consideration when setting the timeframe to bring the property into compliance. In some cases, the process is quicker if there is an urgent health-safety matter ongoing on the property and the case proceeds directly to litigation wherein a court may order the property owner to take action to resolve the violation immediately.”

In short, just as every constituent is entitled to register a complaint if there is a hazard or nuisance in the community, everyone is also entitled to due process under the law.

An important part of my job is to be a conduit to help every constituent navigate county government. I am very fortunate to be entrusted by this community and that is why I will continue listening, learning, and being the best advocate possible for this wonderful, complex, beautiful, and vibrant district.

Sad News from the First District: Kirsten Lindquist (1954-2015). The community has lost an amazing advocate, and we all have lost a friend. Kirsten represented the North Valley on the Sonoma Valley Citizens Advisory Commission, and served as Chair in 2014. Her quiet leadership and tenacity will be profoundly missed.  Kirsten has left us entirely too soon.  The First District office extends its heartfelt sympathy to her family, friends and colleagues.