CITY OF VENTURA
CODE ENFORCEMENT PROSOSALS
VERSES SEARCH & SEISURES
To: Ventura City Council and
Council Committee on Homelessness:
Chair Andrews
Mayor Weir
Councilmember Summers)
City Manager Rick Cole
Chief Building Official Andrew Stuffler
cc: Ventura Social Services Task Force
From:
VCORD
Committee for Safe and Affordable Housing
Subject: VSSTF ~ Dedicated to Ending Homelessness in the City of Ventura.
Re: Budgeting for Outcomes Recommendation:
Well Planned, Designed and Accessible Community
"Compliance with state mandate for certified housing element to qualify for future state funding. Description: Respond to HCD comments (study underutilized sites)"
Comment: A plan to Grandfather Ventura and legitimize the traditional and primary source of affordable housing in Ventura will aid in compliance with State Mandates to preserve affordable housing.
Current Code Enforcement Policy at Odds with Current Reality
We are in a severe and long-term economic decline. We must adapt to this economic hardship. Without reform, the current activities of Code Enforcement will create undue financial hardship for the elderly and the growing jobless and poor population on low or fixed incomes. Pensions and retirement savings have been eviscerated and second units now represent survival for many seniors. Fixating on codes that no longer serve the public interest can result in increasing the homeless population. It will also create financial hardship for the city government and taxpayers as more lawsuits could result. In light of today's harsh economic reality, President Obama is doing all that he can to keep people in their homes. Ventura needs to be intelligent in the use and preservation of its existing resources.
Logic dictates that this is an inappropriate time to change the policy from a complaint-based system to a proactive, revenue generating policy. Enacting an amnesty based affordable housing program can assure that seniors be allowed to "age in place" and that the growing jobless population, living one step away from homelessness, can have safe shelter. Giving those who lose their homes two nights in a motel only gives them a two-day reprieve on homelessness.
Don't Ask, Don't Tell Policy Created Current Situation
Ventura's city government has looked the other way for over a hundred years while citizens made property improvements without permits. Most citizens do not even know that permits are required for such routine maintenance as changing a water heater or window. Venturans stopped applying for permits after learning that inspectors used the opportunity of inspection to look for former un-permitted improvements. This has resulted in teardowns and further unaffordable fees and penalties.
It is doubtful the majority of the city's housing stock could survive a code inspection without a citation since most homeowners don't even know what requires a permit. Revenue for permits would increase with a "grandfather" program for Ventura properties. Ventura needs a fresh start and full information. Codes need to be examined for practical reality in light of Ventura's older housing stock which is out of compliance and in many cases, could never become compliant.
Policy Change Results in Unintended Consequences to a Vulnerable Population:
Code Enforcement has been directed to generate more revenue. On January 12th, the council approved adding two more officers to the Code Enforcement department so they could become "more proactive" in their citation activities. In a subsequent council meeting, a council member asked why two officers, who had been cut from the budget, were restored to Code Enforcement. City Manager Cole replied that they had found "revenue opportunities."
This creates a de facto change in policy from reactive to proactive that results in adverse, unintended consequences. This de facto change can force seniors from their homes, allow for selective enforcement and sharply reduce the affordable housing stock for the growing population "living on the margins" This is the vulnerable population most at risk of becoming homeless.
The new pro-active Code Enforcement policy will result in an increase in homelessness, both for the tenant and the owner who is forced into a sale for lack of funds for compliance. Two areas are affected by the change to proactive enforcement:
1. Converted Dwelling Units: The change to proactive enforcement of codes, fines and fees for converted dwelling units that have been in existence for as long as the community can remember, creates financial hardship for the community.
a. Pattern of Ignoring Infractions: The 100 year old "don't ask, don't tell" policy did not require home safety inspectors or real estate agents to inform buyers that second units were not permitted. Most buyers were not sophisticated enough to question.
b. The Equity Issue: Buyers already paid a hefty premium for these properties, seeing the second units as a means to survive through their retirement years. This premium exceeded the $20,000 granny flat fee charged by the city for a conversion.
c. The requirement to build a new separate garage is out of touch with financial realities and beyond the means of a low-income homeowner who is now struggling to "age in place." This could be remedied by extending the Single Room Occupancy parking waiver to these rentals.
d. A $20,000 fee for a second unit is far beyond the means of a senior surviving on social security. The city can obtain these fees from affordable housing funds, similar to the grant to the mobile home parks.
e. Some owners do not have the money to convert the dwelling unit to a garage and rather than deal with the financial hardship and stress created by the city's policies, will opt to sell at the bottom of the real estate market. This is one more citizen who may end up on public assistance.
2. Un-permitted Property Improvements and Home Maintenance:
The change to proactive and then retroactive enforcement of codes and fines and fees for property improvements will result in financial hardship and forced sales as older homeowners are unable to pay the fees for demolition and bring properties up to compliance.
Ventura need a process for protecting the affordable housing stock for the less fortunate and a grandfathering program that creates incentives for the community to apply for permits and ensure their own safety. Assuring safety is a simple process that can be completed with a home safety inspector certification and registration with the city.
The City of Ventura's Budgeting for Outcomes process includes the following ideas and recommendations in the Recommendations for the Redesign of Government, Revenue Generating Ideas and Cost Saving Ideas.
Two recommendations from the Committee for Budgeting for Outcomes cause concern:
Recommendations in Budgeting for Outcomes:
1. BFO# 36. Dept. FD14.2: Redesign: "Restructure citation policy to allow for immediate issuance for citation for obvious and known violations". Impact "will result inadditional revenues."
Comment: How are these citations "known?" and gathered? Do fines begin immediately upon issuance? Is property owner given an opportunity to comply without a citation?
2. BFO #37. Dept. FD14.3: Redesign: Establish community-based (ex:VIP, community councils) code enforcement by engaging neighbors in identifying and documenting violations. Impact: "Increased citations resulting in additional revenues."
Comment: Who are VIP's? Will they be deputized or identified? How will neighbors be engaged to inform on each other? Will there be remuneration for this activity?
Cost Saving Ideas from Code Enforcement/Fire Dept. These come from staff members.
1. "Address some of the violations we see in the community and become more aggressive in our code enforcement-if all goes well on Monday, 1/12 we may have more personnel to devote to this."
Comment: Council on 1/12 increased Code Enforcement personnel.
2. "Amnesty then Be nasty" "Three months for responsible parties to obtain permits." "Offer rewards for citizens to turn in violators."
Comment: Is this constitutional?
3. "No morning callback with inspection times."
Comment: Will this leave residents unprepared?
4. "Utilize the City's Code Enforcement Division to enforce and fine illegal garage conversions throughout the City (a large number of conversions exist in the Avenue Area.)" Impact: "Creates City revenue and sustain safe housing."
Comment: This will result in putting the poor on the street and forcing the poor elderly who own the properties into selling their homes. This violates the right to "age in place."
5. "Identify illegal occupancies."
Comment: Needs definition of illegal occupancies
6. "Transfer Code Enforcement activities that relate to police to the PD."
Comment: This needs defining as to which activities these include.
Revenue Generating Ideas:
1. "Firefighters do home safety inspection, training and birthday parties for a fee."
2. "Permanently reallocate two Building Inspectors in Code Enforcement to proactively abate substandard housing."
Comment: this has been implemented. Need definition of "substandard housing" as opposed to "safe housing."
Other applicable recommendations:
Under Cost Saving Ideas:
"Consider having all City Ordinances reviewed every four years for applicability and effectiveness. Eliminate those Ordinances that are not effective or contradict the City's current strategic vision objectives. "
Comment: Code Enforcement policies and codes need a review and reform in light of today's economic realities and the older housing stock of a historic community.
Under Revenue Generating ideas:
"I propose that yard or garage sales be permitted by registering and paying a small fee." "Fines for cleanup and/or unregistered sales can be assessed"
Comment: Garage sales are the final act of desperation for many of the poor to try and raise money for survival. Hindering them in this way creates a further financial hardship.
A Practical and Humanitarian Solution:
1. Return to the former policy of responding to complaints while forming a positive program for preserving safe and affordable housing.
2. Form a citizens' task force to review current permitting and code requirements in the light of current and practical reality.
3. Present a plan to assure safe and affordable housing that legitimizes Ventura's large stock of second units and "Grandfathers" all Ventura properties.
4. Allow a permitting process without retroactive citing for past un-permitted improvements.
Impact: Reduce homelessness, implement compliance with State Mandates for Affordable Housing, create revenue for Code Enforcement through administering this Safe and Affordable Housing Program, qualify for funding grants from Affordable Housing funds, allow seniors to age in place.
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ACCORDING TO VENTURA CITY
ATTORNEY ANY NEW CITY TAX
DOLLARS GOES WHERE? WHY?
July 28, 2009
But we Promise, Really....
I went to the Monday night Council Meeting on Monday 28th of July 2009 because I wanted to see what they would do about the fellow that wants to open a "Pot" dispensary in the city of Ventura.
While I was waiting for the Council Meeting to start, (which was an hour late) I ran into the Ventura City Attorney, Mr. Ariel Calonne. I asked Mr. Calonne how the tax voting system worked, if the tax increase was to be used for a specific purpose it would require a 2/3 majority of the voting public. If the tax increase was simply going to the general fund, it only requires a simple majority, (50%+1vote) to pass.
I then asked Mr. Calonne if that is true why is it the Gang in the Ivory Tower has announced exactly what they plan on spending the tax increase on, and wouldn't that be a specific use? His attorney, law speaks answer to me was: The plan to spend the tax increase that the Gang in the Ivory Tower espoused upon was simply a "Political Promise" it is not "Legally Binding".
So once again the Gang in the Ivory Tower is attempting to pull the "Pig Fat" over the eyes of the citizens of San Buenaventura, recently Mr. Bill (Vice) Fulton, Ventura's "Vice" Mayor wrote in a lengthy article that Ventura's reserve account is only $12,000,000 which means the lenders that the city uses for short term loans will not give the city the real good low interest rate loans they may give to cities with a much larger reserve fund. Soooo... he, Mr. Fulton stated that part of the plan for the money is to place a goodly amount of it in the reserve fund, say $6 to 8 million dollars in order to make them look good to the "loan sharks" and to other cities.
Rellis Smith
rellis39@sbcglobal.net
www.californiachile.com
Posted: 08/01/09
DOWNTOWN VENTURA
PARKING APPROVAL
Good afternoon!
It has been many years since the initial work was begun in 2003 to improve the management of parking in our Downtown. I wanted to let everyone that was involved along the way to know that we received final approval by the City Council last night to begin implementation of our new downtown parking management program including:
* Approval of new ordinance codes that base on-street and off-street parking pricing strategies on 85% utilization
* Creating a Downtown Parking Advisory Committee.
* Funding the installation of parking pay stations and way finding signage.
Along the way we collectively change people's perspective of parking in Ventura. The final approval was relatively non-controversial, but there is a lot more work to be done as we work toward getting the pay stations installed by this summer.
All of this would not have been possible without your help along the way. Whether it was as a staff member or consultant helping write the parking plan, staff from other agencies answering my questions about how to do this, or working on the two year process to figure out how to implement our plan,
Today - congratulations to all of our participants in this
long process...I want to take the opportunity to thank you and I truly appreciate all of the effort given to this important step to make our City a better place to visit and live.
If you would like a copy of any of the final reports or new ordinance code, let me know. I probably left some people out so please pass this on.
Tom Mericle
City Transportation Manager
City of San Buenaventura
01/14/09
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