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Enforcement of Municipal Code ProvisionsCa, o` leo ll,.g INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com MEMORANDUM TO: LOLA UNGAR, PLANNING DIRECTOR FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: ENFORCEMENT OF MUNICIPAL CODE PROVISIONS DATE: SEPTEMBER 21, 1998 As you know, the City and the County issue stop work letters/orders which sometimes are not immediately adhered to. The goal of our code enforcement efforts is to make sure that appropriate _permits / Commission approvals are obtained, even if construction has commenced, or to make certain that the unauthorized structure is removed ink the )absence of an appropriate permit application and/or approval from the County -or the Planning Commission. Although I can certainly understand that there could be an occasion when we would have to utilize Sheriff's Deputies to enforce an appropriately issued stop work order, law enforcement personnel should only be used under the following circumstances and after all attempts to contact me have been unsuccessful. By this memorandum, I am reserving the right to decide when that level of force is necessary. So we are clear, I have listed the following situations when I would consider utilizing the Sheriff's Department to enforce failure to obey a stop work order. • Extreme and imminent danger to public safety such as fire danger due to the illegal construction activity, threat of structural failure that will cause injury if the illegal construction continues, threat of roadway failure if the illegal construction continues or threat of trail failure if the illegal construction continues that may result in injury. • Only after multiple issuance of stop work orders and at time when staff or the County, are unable to visit the site personally, such as a weekend. • When it is very clear that the applicant is choosing to disregard the stop work notice. (In other words, when all potential misunderstandings have been cleared up, and most importantly, following a staff visit to the site and a personal -1- ®Printed on Recycled Paper. inspection by staff that the project is commencing and that conversations have taken place on the site instructing what the stop work order actually means and that the person has made a conscious effort to avoid and not adhere to the instructions to stop work provided by City staff or the County. Under any of these circumstances, I will make every effort to meet with the Sheriff's Department personnel prior to them arriving at the location of the violation so to make sure the Sheriff's Deputy has all the facts in the case. I have trust that the vast majority of residents in Rolling Hills will respond to a personal visit by City staff to stop work. I trust that you and I are both able to communicate this to local residents and do not need to rely upon the Sheriff's Department to handle this in our absence. However, in any event, you are hereby instructed to contact me immediately if you feel that a situation that merits this level of enforcement exists and to keep me informed at all stages of code enforcement in the City. Thank you for your cooperation. CRN:mlk 09/21/98codeenf.mem -2- City leollin9, INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 E-mail: cityofrh@aol.com MEMORANDUM TO: LATA THAKAR, DISTRICT ENGINEER RAFAEL BERNAL, DISTRICT ENGINEERING ASSOCIATE FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: ROLLING HILLS CODE ENFORCEMENT EFFORTS DATE: SEPTEMBER 22,1998 Attached is a memorandum describing policy issues regarding code enforcement in Rolling Hills. To better explain this memorandum, I suggest that we meet at your convenience to discuss its contents. I will be out of town a few days this week but will contact you next week to schedule a meeting to discuss this memorandum. Thank you for your cooperation. CRN:mlk 0922/98county.mem C.: on Recycled Paper. i `eo rlin S per, INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX (310) 377-7288 E-mait eiyofrh@aol.eom MEMORANDUM TO: LOLA UNGAR, PLANNING DIRECTOR FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: ENFORCEMENT OF MUNICIPAL CODE PROVISIONS DATE: SEPTEMBER 21,1998 As you know, the City and the County issue stop work letters/orders which sometimes are not immediately adhered to. The goal of our code enforcement efforts is to make sure that appropriate permits/Commission approvals are obtained, even if construction has commenced, or to make certain that the unauthorized structure is removed in the absence of an appropriate permit application and/or approval from the County or the Planning Commission. Although I can certainly understand that there could be an occasion when we would have to utilize Sheriff's Deputies to enforce an appropriately issued stop work order, law enforcement personnel should only be used under the following circumstances and after all attempts to contact me have been unsuccessful. By this memorandum, I am reserving the right to decide when that level -of force is necessary. So we are clear, I have listed the following situations when I would consider utilizing the Sheriff's Department to enforce failure to obey a stop work order. • Extreme and imminent danger to public safety such as fire danger due to the illegal construction activity, threat of structural failure that will cause injury if the illegal construction continues, threat of roadway failure if the illegal construction continues or threat of trail failure if the illegal construction continues that may result in injury. • Only after multiple issuance of stop work orders and at time when staff or the County, are unable to visit the site personally, such as a weekend. • When it is very clear that the applicant is choosing to disregard the stop work notice. (In other words, when all potential misunderstandings have been cleared up, and most importantly, following a staff visit to the site and a personal -1- ®Printed on Recycled Paper 1 { inspection by staff that the project is commencing and that conversations have taken place on the site instructing what the stop work order actually means and that the person has made a conscious effort to avoid and not adhere to the instructions to stop work provided by City staff or the County. Under any of these circumstances, I will make every effort to meet with the Sheriff's Department personnel prior to them arriving at the location of the violation so to make sure the Sheriff's Deputy has all the facts in the case. I have trust that the vast majority of residents in Rolling Hills will respond to a personal visit by City staff to stop work. I trust that you and I are both able to communicate this to local residents and do not need to rely upon the Sheriff's Department to handle this in our absence. However, in any event, you are hereby instructed to contact me immediately if you feel that a situation that merits this level of enforcement exists and to keep me informed at all stages of code enforcement in the City. Thank you for your cooperation. CRN:mlk 09/21/98codeenf mem -2-