Emergency vs. Non-Emergency Complaints
The department's first priorities for investigation and resolution of reported violations are health and safety. Potential emergency complaints will be investigated within 24 hours of filing a report unless the report is made after 2:00 p.m. on a Friday. Life-threatening emergencies and/or after-hours noise complaints should be reported to the City's 911 emergency number.
When a hazardous situation exists, DPD can order that a building be vacated. In cases of work without a permit, DPD can issue a "Stop Work Order" which prohibits further construction until a permit is obtained. "Stop Work" orders can also be issued when work does not conform to approved plans.
If an emergency exists in Housing and Land Use Code or vegetation overgrowth cases, an "Emergency Order" will be issued which typically requires compliance or progress toward compliance within a short time-frame, often as short as one or two days.
Housing Code complaints, other than emergencies, are typically inspected within 10 days. Land Use Code violations are usually inspected within 15 days, and vegetation overgrowth complaints, while seasonal, will be investigated as soon as workloads and inspection schedules permit.
Enforcement: "Citation" vs. "Notice of Violation"
As a general rule, if an inspection confirms a code violation, the department will inform the property owner and request voluntary action to correct the violation. When the owner does not comply, a legal process will be started by issuance of either a citation or a notice of violation (NOV).
A citation carries an immediate fine for having committed certain types of common violations, namely those that cause certain hazardous conditions in housing or unsightly conditions on neighboring properties:
- Outdoor junk storage in residential zones
- Structures in required yards in residential zones
- Parking of vehicles in required yards in single family zones
- Violation of standards for keeping animals in single family zones
- Violation of standards for home occupations
- Violation of minimum fire, safety, and security standards for rental housing
A person who has not had previous violations of these types is usually given an opportunity to correct the violation and thus avoid the issuance of a citation. For those who receive a citation, preset penalties may be imposed immediately which increase with repeat offenses. The citation process provides the violator with an opportunity for a hearing to contest the violation or request mitigation of the penalty.
An NOV, on the other hand, provides a specified amount of time to correct a code violation without a penalty being automatically assessed. The amount of time allowed for compliance in an NOV varies based upon the nature and severity of the violation. Owners have the right to request an administrative Director's Review of an NOV.
Referral to the City Law Department
If the owner does not comply by the date indicated in an NOV, the department refers the case to the City's Law Department for filing of court action, which can lead to substantial fines for the violator. The City does not have the authority to correct code violations, other than those which present a hazard to life or property.
Permits May be Required in Some Instances
When the activity taking place in a building or part of a building does not conform to the issued certificate of occupancy for the building or area, the department can require that permits be obtained. The department can take action on construction which has already begun or has been completed without a permit.
Enforcement options include requiring the demolition of structures built without a permit and imposition of extra permit fees. Violation of an order such as a "Stop Work" or "Emergency Order" may lead to criminal prosecution.
If property owners respond to notification from DPD that a code violation exists by obtaining the necessary permits and getting required permit inspecter approvals, the department will not normally pursue legal action.