City Council Report 915 I Street, 1 st Floor Sacramento, CA

Transcription

1 City Council Report 915 I Street, 1 st Floor Sacramento, CA File ID: January 16, 2018 Consent Item 05 Title: Grant Citation and Arrest Authority to Designated Community Development Department and Public Works Department Staff Location: Citywide Recommendation: Pass a Resolution granting citation and arrest authority to designated staff of the Community Development and Public Works Departments. Contact: Tina Lee-Vogt, Program Manager, (916) , Community Development Department Presenter: None Attachments: 1-Description/Analysis 2-Resolution Matthew Ruyak, Interim City Attorney Mindy Cuppy, City Clerk John Colville, City Treasurer Howard Chan, City Manager Page 1 of 11

2 File ID: Consent Item 05 Description/Analysis Issue Detail: The attached resolution provides the names of specific individuals in the Community Development and Public Works Departments who have received the required training and who will be granted Citation and Arrest Authority by this City Council action. Policy Considerations: The staff recommendation is consistent with the City Council priority to improve and expand public safety. On June 3, 1997, the City Council adopted Resolution that granted City enforcement staff Citation and Arrest Authority for specified titles of the Sacramento City Code, and various state codes. Periodically there are changes in staffing, and it is necessary to update the list of individuals who shall be granted this authority. The individuals who enforce these codes have met additional training requirements and are qualified to be granted Citation and Arrest Authority. Economic Impacts: Not applicable. Environmental Considerations: Not applicable. Sustainability: The accompanying resolution does not constitute a project under the California Environmental Quality Act (CEQA) Guidelines Section The resolution is an administrative/organizational activity that will not result in direct or indirect physical changes in the environment. Commission/Committee Action: Not applicable. Rationale for Recommendation: In accordance with Sacramento City Code, Title 2, Chapter and California Penal Code Section 836.5, the City Council is required to issue a resolution assigning specific persons the authority to enforce codes through means of citation and arrest. The Community Development and Public Works Departments regularly update the list of those individuals who are assigned citation and arrest authority to enable staff to fulfill their enforcement duties and responsibilities. Financial Considerations: Not applicable. Local Business Enterprise (LBE): Not applicable. City of Sacramento January 16, 2018 powered by Legistar Page 2 of 11

3 RESOLUTION NO. Adopted by the Sacramento City Council GRANTING CITATION AND ARREST AUTHORITY TO CERTAIN EMPLOYEES OF THE COMMUNITY DEVELOPMENT AND PUBLIC WORKS DEPARTMENTS FOR THE PURPOSE OF ENFORCING CERTAIN PROVISIONS OF THE CITY CODE AND/OR STATE LAW BACKGROUND A. On June 3, 1997, the City Council adopted Resolution which granted City enforcement staff Citation and Arrest Authority for specified titles of the Sacramento City Code, and California Vehicle Code. Periodically there are changes in the staffing, and it is necessary to update the list of individuals who shall be granted this authority. B. In accordance with Sacramento City Code, Title 2, Chapter , the City Council is required to issue a resolution granting certain individuals the authority to enforce codes through mean of citation and arrest. BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS: SECTION 1 In order to enforce certain provisions of the City Code, California Vehicle Code, and California Labor Code, those persons hereinafter named are hereby granted Citation and Arrest Authority for the purpose of enforcing those particular provisions of the City and State codes hereinafter specified, and for those purposes only. NAMES Ryan DeVore Carl Simpson Joy Patterson Jose Mendez Sandra Yope Noel Eusebio Shawn Bartosh Brittany Mariscal Ricardo Vargas Thomas Adams Jose Rodriguez Donna M. Barton Michael Corral Randall Cry JOB CLASSIFICATIONS Director of Community Development Code and Housing Enforcement Chief Principal Planner Code Enforcement Manager Senior Planner Senior Senior Senior Senior Zoning Investigator Zoning Investigator Page 3 of 11

4 Larry Eccleston Angela Haight James Harrison Bruce Lewis Pamela Maestas Shannon Price Benjamin Rolison Keona Savage Ivan Shevtsov John Sorrels Brian Strong Andrew Thomas Soua Vang Tammy Wood Michelle Wright Brittany Wulfert Darin Noonan Beverly Howell Jose Ramos Senior TO ENFORCE CITY CODES Title 5. Permits Chapter Adult Related Establishments Sections and A-C Arcades Chapter 5.12 Amusement Chapter 5.16 Astrology Chapter 5.20 Billiard and Pool Parlors Chapter 5.24 Bingo Food Vending Vehicles Chapter 5.68 Shopping Carts Chapter 5.82 Auctions and Other Sales Chapter Street and Sidewalk Vending Sections through Page 4 of 11

5 Chapter Old Sacramento Third of July Celebration Sections and Chapter Vendor Permit Requirements Section Chapter Outdoor Sales and Display of Merchandise Sections through Chapter 5.94 Pedicabs Chapter Entertainment Establishments Chapter Self-Service Tobacco Merchandising Chapter Somatic Practitioners Chapter Taxicabs Chapter Tobacco Retailers Chapter Tobacco Vending Machines Chapter Tow Vehicles Cannabis Businesses Chapter Cannabis Businesses Title 8. Housing Code Chapter Housing Code Sections and (L) (O) and Section Nuisance Code Chapters 8.04, 8.16, 8.20, 8.24, 8.28, 8.76, 8.56 Noise Chapter Noise Standards Sections through , , through Smoking Ordinance Chapter 8.80 Sections through A through F Vector Chapters 8.96 Dangerous Building Section N Section through Page 5 of 11

6 Chapter Housing Code Section Section through Title 9. Title 10. Title 12. Title 13. Title 15. Title 17. Public Peace, Morals and Welfare Chapter Swimming pools Fence or cover required. Motor Vehicles and Traffic Chapter Stopping, Standing and Parking on Street Section (A) 1 through 6, (B) & (C) and Section (A)(B)(C) Chapter Off Street Parking and Loading Facilities Sections (A)(B)(C); (A)(B)(C - 1 through 6) (D)(E); Section Chapter Vehicle Repair in Residential Zones Sections through Streets and Sidewalks Chapter Use of Streets for Storage of Building Material Chapter Sidewalk Obstructions; Pedestrian and Vehicle Interference Sections , , Chapter Obstructions to Visibility at Intersections Sections , , and Chapter Sacramento Boat Harbor Article XI - Outdoor Water Conservation Chapter Garbage, Rubbish, Weeds, and Waste Matter Chapter Trailer Camps and Public Camps Chapter General Sections and Chapter Trailer and Trailer Camps Sections through Chapter Signs Building Code Chapter Swimming Pools Section Comprehensive Zoning Ordinance All Chapters Page 6 of 11

7 CALIFORNIA LABOR CODE Section Smoking in Workplace CALIFORNIA VEHICLE CODE Section Registration Required. Section Registration tabs shall indicate year and month of expiration. Section Prohibited Stopping, Standing or Parking (f) On a sidewalk except electric carts when authorized by local ordinance. Section Abandonment Prohibited Section Circumstances Permitting Removal (b) (e) (j) (k) (l) (n) (o) (r) When any vehicle is parked or left standing upon a highway in a position so as to obstruct the normal flow of traffic upon a highway. Illegally parked blocking fire hydrant. When any vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, vehicle may be impounded. When any vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal. Parked in highway construction, repair, or cleaning area; when notice of removal posted for 24 hours or more. Parked or left standing where parking is prohibited, must be posted. When any unoccupied vehicle is found upon a highway, public lands, or off-street parking facility, with a registration expiration in excess of six months before the date it is found on the highway. When any vehicle is illegally parked and blocks the movement of a legally parked vehicle. Section Removal of Abandoned Vehicles (a) (d) When there are reasonable grounds to believe that a vehicle has been abandoned, as determined pursuant to Section 22523, may remove the vehicle from a highway or from public or private property. Motor vehicles which are parked, resting, or otherwise immobilized on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this Page 7 of 11

8 state, are hereby declared a hazard to public health, safety, and welfare and may be removed immediately upon discovery by a peace officer or other designated employee of the state, county, or city. CALIFORNIA STREETS AND HIGHWAYS CODE Section The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law, or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. SECTION 2 In order to enforce certain provisions of the City Code, those persons hereinafter named are hereby granted Citation and Arrest Authority for the purpose of enforcing those particular provisions of the City and State codes hereinafter specified, and for those limited purposes only. NAMES JOB CLASSIFICATIONS Ryan DeVore Director of Community Development Carl Simpson Code and Housing Enforcement Chief John Leno Principal Building Inspector Josh Pino Principal Building Inspector Willie Harris Supervising Building Inspector Elia Kentera Supervising Building Inspector Doug Pierson Supervising Building Inspector Leonard Duclos Building Inspector IV Richard Leiker Building Inspector IV John Vanella Building Inspector IV John Bond William Canary Andy Chavez Arthur Cosley Paul Lovato Charles Monsen Elijah Prok Kim Robinson David Salinovich Page 8 of 11

9 Matthew Sartain Maurice Schranz TO ENFORCE CITY CODES: Title 5. Cannabis Businesses Chapter Cannabis Businesses Title 8. Title 9. Title 12. Title 13. Title 15. Title 17. Health and Safety All Chapters Public Peace, Morals and Welfare Chapter Swimming pools - Fence or cover required Streets, Sidewalks and Public Places Chapter Use of streets for storage of building material Chapter Signs, posts, structures, etc. Public Services Article XI - Outdoor Water Conservation Chapter Chapter Installation of water meters on water service connections made on or after January 1, 1992 Chapter Irrigation service for area exceeding five acres Chapter Substandard water fixtures prohibited Chapter Water runoff prohibited Chapter Outdoor conservation of water Chapter New landscaping Chapter Penalties for violation Chapter Appeal Chapter Declaration of water shortage Chapter Access to customer premises Compliance Chapter City water use Buildings and Construction All Chapters Zoning All Chapters SECTION 3 In order to enforce certain provisions of the City Code and California Penal Code, those persons hereinafter named are hereby granted Citation and Arrest Authority for the purpose of enforcing those particular provisions of the City and State codes hereinafter specified, and for those limited purposes only. Page 9 of 11

10 NAMES Jace Huggins Sean Colan Ken Douglas Allison Nielson Julian Reynaga Marek Sliwa John Sorrels Calyn Jones Cody Jackson JOB CLASSIFICATIONS Chief Animal Control Officer TO ENFORCE CITY CODES Title 9. Public Peace, Morals, and Welfare Chapter 9.44 Animals CALIFORNIA HEALTH AND SAFETY CODE Sections to Animal Control Sections to Sale of Dogs and Cats Sections to Sale of Birds Sections to Spay/Neuter and Breeding Programs for Animals Sections Dog Tethering Sections to Pet Store Animal Care Sections to Sale of Animals at Swap Meets Sections to Pet Boarding Facilities CALIFORNIA PENAL CODE Sections Malicious and intentional maiming mutilation, torture, wounding or killing animals; confinement and medical treatment Section 597a Unnecessary torture, suffering or cruelty Section 597b Fighting animal and birds Section 597c Training animals to fight, or being present Section 597e Impounding without water or food Section 597f Permitting animals to go without care veterinary care for injured cats and dogs Page 10 of 11

11 Section 597h Fastening live animals to machines or devices to lure dogs Section 597i Trading, selling, bartering, exchanging, or possessing implements for fighting birds Section 597j Possession of gamecocks for fighting purposes Section 597k Use of bristle bur, tack bur, etc. prohibited - penalty Section 597l Maintenance of pet shops and animals in the care and control Section 597s Abandonment of dog or cat Section 597t Confinement of Animals Section 597z Sale of dogs under 8 weeks of age SECTION 4 This resolution is adopted pursuant to Chapter of Title 2 of the Sacramento City Code. Nothing herein shall be read to limit the power or authority of any duly appointed law enforcement officer of the City to enforce those chapters of the City Code heretofore set forth. SECTION 5 Resolution No is hereby rescinded. Page 11 of 11