Title
Recommendation to Accept an Update on the City’s Code Enforcement Program.
This action does not constitute a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore no further CEQA analysis is required. (Planning, Building, and Transportation 20962720)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
This report provides an overview of the City’s Code Enforcement Program within the Building Division of the Planning, Building and Transportation Department (Department). The overview purpose is to highlight the Code Enforcement Program’s current operations and confirm that code enforcement priorities continue to align with City Council’s expectations and community needs. In response to evolving community needs and new Ordinances adopted by the City Council, such as the gasoline leaf-blower ban, staff have begun adjusting its approach to handling a variety of code enforcement complaints this past year. These adjustments allowed the City of Alameda (City) to respond more effectively and in a timelier manner to a wider range of issues. As a result, the Department believes the Code Enforcement Program has become more responsive to both the City Council’s priorities and the community’s needs over the past year. That said, there remain challenges that strain the Code Enforcement Program, including changes in state and local laws that increase enforcement workload and a need to reduce reliance on permit fees to fund non-permit-related code enforcement activities. The Department seeks City Council comments on these matters and plans to bring proposals for its consideration during the budget process.
BACKGROUND
The City’s Code Enforcement Program is housed in the Building Division of the Planning, Building, and Transportation Department. The Department last provided an update to the City Council on the program in February 2020.
“Code Enforcement” refers to the function of local governments with responsibility to ensure compliance with city ordinances, regulations, and other applicable state and federal laws that are designed to protect public health, safety and welfare of the community. Code Enforcement Officers are responsible for investigating and addressing violations of local laws, ordinances, and regulations. They have the authority under the Alameda Municipal Code (AMC) to issue notices of violation and citations to ensure community compliance with local standards.
This report highlights the program's current operations, recent improvements and challenges, and provides recommendations for program enhancements that should be considered during the next budget cycle.
DISCUSSION
Current Program Structure
The Code Enforcement Program operates as one of five core sections within the Building Division. With 19 staff members, the Building Division represents the largest work unit within the 34-person Department (See Department Org Chart in Exhibit 1).
1. Building Official - 1 Full Time Employee (FTE): The Building Official possesses legal authority to inspect, approve, and enforce construction and building occupancy standards. This authority is derived primarily from state law, the AMC, and adopted building codes and ordinances to protect public health, safety, and welfare. The position oversees functions including permit plan review and approval, building permit issuance, construction site inspections, code enforcement, investigating complaints, maintaining building records, providing code interpretation and ensuring that all construction projects meet current building, electrical, mechanical, plumbing, and safety codes. Oscar Davalos, hired in March 2024, serves as the City’s Building Official, and he brings over 35 years of experience in land development, construction, and municipal administration to the Department.
2. Permit Center - 4 FTE and 1 Part Time Employee: The Permit Center oversees permit intake, issuance, and the coordination of the plan check process. Staff includes three Permit Technicians and a part-time clerk supervised by the Permit Center Supervisor. The Permit Center processed over 5,000 permits in 2024. In 2024, the Permit Center implemented an “Express Permits” program, allowing many routine home improvement remodels to be permitted entirely online within three business days. This new streamlined process has created efficiencies for both staff and permit applicants.
3. Plan Check - 1 FTE and 3 Consulting Firms: The Plan-Check unit is responsible for reviewing architectural and engineering plans for code compliance. Staff includes one in-house Plan Check Engineer supported by consultants.
4. Building Inspection - 9 FTE: The Building Inspectors inspect all the building construction work in the City that have been issued permits. They ensure construction compliance and respond to emergencies. The Inspection unit is staffed by eight inspectors under a Supervising Building Inspector. Our inspectors conducted over 30,300 inspections in 2024.
5. Code Enforcement - 3.3 FTE: As described further in this report, Code Enforcement investigates violations related to the AMC, the California Building Codes, and local ordinances and regulations. The current Code Enforcement Program team includes one supervisor, one senior officer, and one code enforcement officer supported by a portion of one administrative staff member.
Code Enforcement Responsibilities
Code Enforcement operates under the Building Official’s authority to ensure compliance with local building codes, zoning regulations, and municipal ordinances through a system of inspections, investigations, and corrective actions. The daily work of a Code Enforcement Officer involves receiving and responding to complaints of alleged code violations and investigating potential violations, such as unsafe buildings, unpermitted construction, zoning violations, property maintenances issues, and nuisances. The work also involves working with property owners, tenants, and businesses to achieve compliance through education, written warnings, administrative citations, or even legal actions through the City Attorney’s Office when necessary. Most code enforcement work takes place in the community, and multiple property inspections are often necessary to resolve a single case.
Process Steps in Code Enforcement
Code Enforcement is a structured process to ensure due process is provided to those involved ultimately with the goal of achieving compliance with local codes and regulations. The process typically begins with a complaint intake, where staff receives and logs a complaint, often submitted by community members or identified during routine inspections.
Following intake, Code Enforcement Officers would notify the property owner to schedule an initial site inspection, which is conducted to assess and validate the alleged violation. If a violation is confirmed, staff will issue a Notice of Violation (NOV) to the property owner or responsible party, outlining the specific code infractions and providing a timeline for corrective action. If compliance is not achieved within the given timeframe, a Second Notice of Violation may be issued, reiterating the violation and escalating enforcement. In cases of continued noncompliance, the AMC authorizes the Building Official to issue Administrative Citations with financial penalties to encourage resolution. For severe safety issues, such as structural hazards, a property may be “red-tagged” or otherwise deemed “Unsafe to Occupy,” prohibiting entry until necessary repairs or safety corrections are made.
When access to a property is denied, or further inspection is necessary to confirm a violation, staff may obtain an Inspection Warrant through the court system, allowing lawful entry to complete the investigation. Each step of the Code Enforcement process is taken in accordance with legal requirements and to ensure due process while promoting public safety.
Priority Setting and Response
Historically, the City’s Code Enforcement Program has primarily focused on enforcing fire and building codes, as well as addressing other structure-related violations. Until 2023, the scope of work for code enforcement staff was focused on building and fire code enforcement, which meant that non-building-related violations - such as graffiti, leaf blower ordinances, noise complaints, and other community nuisance issues - were not prioritized and represented a small portion of code enforcement work. This focus reflected the program’s traditional scope but did not fully address the broader range of concerns raised by the community over the years. In 2023, when the focus of the code enforcement program shifted to include non-building-related violations, there was a notable increase in both the number of cases created and the number of inspections required. This expansion of focus beyond building-specific issues allowed for a broader range of enforcement, addressing violations such as property maintenance, zoning, and other non-structural concerns that directly impact community safety and quality of life. As a result of this shift, the program saw a rise in case creation, as more violations across various categories were identified and reported. The increased case load required additional inspections by code enforcement officers to ensure compliance and address the broader range of violations. This change reflects the program’s commitment to maintain a high standard of safety and order within the community, even as the scope of enforcement responsibilities expanded.
The priority system, initially approved by City Council in 1999, was last reviewed by the City Council in 2020. Staff has implemented minor clarifying adjustments to reflect current strategic priorities and emerging community needs to enhance the Code Enforcement response. The clarifying adjustments also indicate a response time goal for each level of priority. (see original priorities on Exhibit 2).
• Highest Priority (Response within 24 hours): Substandard/unsanitary housing, dangerous buildings, illegal housing units.
• Medium Priority (Response within 3 working days): Work without permits, Vacant buildings and fee assessment, administrative building code violations, Abandoned/inoperable vehicles, offensive or discriminatory graffiti, gas leaf blowers.
• Low Priority (Response within 5-10 working days): Signs, fence violations, litter, and front yard paving.
• Secondary Priority (Respond as staff is able): Non-safety-related issues like noise violations, non-offensive or non-discriminatory graffiti and weed abatement and other code violations that may not require a building permit, such as fences below seven feet tall or decks less than three feet off the ground.
The priority category reflects urgency, not ease of resolution. Some cases are resolved quickly when property owners cooperate, while others can take years. Complex cases often require multiple inspections, notices, warrants, or court action.
Recent legislative changes have introduced new code enforcement cases, such as increased complaints about substandard housing linked to the City’s rent control and just cause eviction ordinances. These complaints are now often filed by tenants. Given the high priority of substandard housing issues, these cases are prioritized over older, lower-priority ones (e.g., noise complaints, contractor work hours, etc.). Additionally, the combination of property maintenance neglect and unpermitted work has led to a shift toward a more proactive approach to code enforcement. Overall, Code Enforcement staff has increased its responsiveness to complaints as further discussed below.
Code Enforcement Workload
During the COVID-19 pandemic, code enforcement workload decreased as efforts to protect both the public and staff from virus exposure took precedence. However, as the pandemic receded, the number of cases has significantly increased. The increased workload is a result of both an increase in complaints received as well as the Department being more proactive in addressing non-building-related violations. New laws and local ordinances also require additional enforcement, as discussed later in this report.
As detailed below, the average annual caseload has significantly increased since 2020 and this uptick reflects a trend of increased workload, and the number of cases is expected to continue to rise in 2025.
|
Year(s) |
Average Annual Caseload |
Average Number of Inspections Performed |
|
2020-2022 |
175 |
575 |
|
2023 |
485 |
925 |
|
2024 |
535 |
1,025 |
Exhibit 3 provides the Code Enforcement 5-Year Case Load Summary. This summary highlights the overall increase in cases and inspections over the five-year period and illustrates the growing demand on code enforcement in the City.
As part of the Fiscal Year (FY) 2023-2024 budget, City Council approved the creation of a Code Enforcement Supervisor position. The current Code Enforcement staffing of 3 FTE is anticipated to accommodate for the workload increase.
Recent Program Improvements
With an increased workload and in response to evolving community needs and new Ordinances adopted by City Council, such as the gasoline leaf-blower ban, staff has begun adjusting its approach to handling a variety of code enforcement complaints. Following an internal review of the program, several improvements have been initiated:
1. Enhanced Knowledge Base: In 2023 and 2024, the Department focused its hiring on individuals with extensive expertise in land development, construction, and municipal administration. The Department has acquired extensive experience with staff who are better equipped to administer code enforcement operations and associated building permit processes.
2. Shift in Approach: The Code Enforcement Program has adopted a refreshed identity and approach, guided by an infusion of new staff and expertise. Staff are now trained to balance legal requirements with stakeholders’ needs, emphasizing a respectful, patient, and attentive approach that upholds the City’s commitment to high service levels. This approach fosters better connections, positive outcomes, and collaboration with other agencies, especially when assisting residents in hardship. Staff recognizes that dealing with a code enforcement case can be stressful for the public, so every interaction is viewed as an opportunity to assist first and educate later. The friendlier interactions make it easier for staff to obtain compliance with the stakeholders involved.
3. Increased Interdepartmental Collaboration: In 2024, the Department focused its efforts to enhance collaboration with five other City departments, including Police, Fire, Base Reuse and Economic Development, Public Works, and the City Attorney’s Office. Staff efforts to support other City departments have led to better information sharing and mutual support, ultimately improving the City’s effectiveness in addressing community concerns. For instance, Code Enforcement now has established communication protocols with the Rent Program to allow timely responses to addressing tenant complaints.
4. Transparency and Accessibility: In 2024, Code Enforcement consolidated its complaint reporting methods to SeeClickFix, improving overall user interface, communication and case tracking. The Department also made enhancements to the Accela permit tracking system to improve internal recordkeeping of code enforcement data. These enhancements will help provide greater transparency to the Code Enforcement Program operations.
5. Code Enforcement Manual: The Department updated its Code Enforcement Manual to align with new laws, evolving community needs, and best practices in the field. This ensures consistent enforcement procedures while enhancing responsiveness and transparency for the public.
6. Effectiveness: In the past year, Code Enforcement further implemented low-cost adjustments that increase productivity and public communication tools. These include:
• Deploying Yellow Tags: A “Yellow Tag” is a door tag issued to notify property owners of lower-risk code violations. The use of Yellow Tags improves efficiency because they provide clear, written communication of violations without direct staff interaction with those involved, freeing staff to focus on more critical cases. The tags are a quick way to address violations in “plain view” such as gas leaf blowers or graffiti.
• Automation: Staff is using technology to automate labor-intensive tasks, such as drafting Notices of Violation. Over the past year, written templates were created in the City system, allowing for auto-population, which saves time and accelerates staff case responses.
• Mobile App Technology: Staff is currently testing the use of Accela’s mobile app to improve access to City records for Code Enforcement Officers in the field. Successful deployment of the technology would allow expedited access to records with the ability to add photographic evidence and create new cases more efficiently.
These adjustments have allowed the City to respond more effectively and in a timelier manner to a wider range of issues, including non-building-related complaints. As a result, the Department believes the Code Enforcement Program has become more responsive to both the City Council’s priorities and the community’s needs over the past year.
Program Challenges Ahead
While the Code Enforcement Program has made significant strides in improving efficiency over the past year, the Department continues to face challenges that strain staff resources:
1. Legislative Changes: Recent updates to state and local laws, including local tenant protections and rent control ordinances, have added complexity to cases. High-priority issues, such as addressing substandard housing, now demand greater attention, often shifting focus away from lower-priority cases. Additionally, the prevalence of aging properties in Alameda and unpermitted work has necessitated a move toward more proactive enforcement strategies. The Department will also be presenting an updated Urban Forest Plan to City Council later this year with expectations for increased enforcement of tree-related regulations.
2. Workload: The code enforcement workload is projected to increase significantly due to a variety of factors, many of which are driven by both community needs and economic challenges. One major factor is the rising cost of maintaining homes, particularly for seniors on fixed incomes, especially in properties that may contain lead paint. This situation presents a significant hardship for older homeowners who struggle to afford necessary upkeep. Additionally, the Bay Area’s high cost of living and the shortage of affordable housing contribute to a range of issues, including unpermitted conversions, overcrowding, property blight, and deferred maintenance. These problems further strain resources and necessitate increased attention from code enforcement to ensure that properties are safe, habitable, and compliant with local regulations. Overall, addressing these challenges will require not only more proactive code enforcement but also a broader approach that considers the economic realities facing residents and the need for affordable housing solutions.
3. Code Enforcement Funding/Fees: In 2020, 75% of the Code Enforcement Program was funded through Investigative Fees charged for cases involving unpermitted work related to building code violations, while the remaining 25% was funded by the General Fund. This allocation mirrored the ratio of building-related to non-building-related cases at the time.
In 2024, based on case law affecting City fees and charges, the Investigative Fee for Code Enforcement was replaced with an hourly time and materials charge. This change further hampered the Department’s ability to easily recover fees for Code Enforcement work. As the Code Enforcement Program expanded its responsiveness to address an increasing share of non-building violations, Code Enforcement work is increasingly underfunded.
Staff estimates the current ratio of building-related to non-building-related cases is generally equally spread at 50% each and recommends City Council consider increasing the General Fund contribution to the Code Enforcement Program from its current allocation of 25% to 50%. Based on these changes in workload, staff intends to bring a proposal for City Council consideration as part of the next biennial budget.
4. Building Permit Fees: Related to Code Enforcement fees, the Department will conduct a study of current Building Permit fees as part of the annual update to the Master Fee Schedule. The purpose of evaluating the Building Permit fees is to confirm that the fees support cost recovery for the City, remain within cost of providing the service, and do not discourage or create a barrier to necessary property improvements. Over the past year, staff identified instances where fees for some permits, such residential seismic upgrade permits, were unnecessarily high, potentially discouraging homeowners from making critical safety improvements. The fee study will reassess the staff time assumptions within the fee model to ensure the fees accurately reflect current practices, including process improvements implemented this past year.
Proposed Program Enhancements
With sufficient funding for Code Enforcement, the Department plans to implement the following actions in its 2025 Work Plan to further enhance the Code Enforcement Program:
1. Adoption of the International Property Maintenance Code: The Department plans to propose an Ordinance amending the AMC to include the adoption of the International Property Maintenance Code (IPMC). Once adopted, the Alameda Property Maintenance Code will establish property maintenance standards for both residential and commercial properties, modernizing the AMC and providing clearer enforcement guidelines.
2. Revise the Code Enforcement Priorities: Staff has identified opportunities to revise the Code Enforcement priorities to better address community needs and allocate resources more effectively. The proposed updates, detailed in Exhibit 4, establish clear response timelines based on the urgency and severity of violations, ranging from life-safety issues requiring immediate action to non-urgent cases handled as resources allow. This structured approach ensures that critical issues, such as dangerous buildings or environmental hazards, are addressed promptly, while also maintaining a framework for managing less urgent concerns like aesthetic violations or educational outreach.
3. Establish a Code Enforcement Abatement Fund: As part of the Fiscal Year 2024-25 mid-year budget, staff will propose a one-time allocation of $50,000 from the General Fund to establish a Code Enforcement Abatement Fund. This Fund will primarily be used by the City to provide immediate abatement of serious health and safety issues when the property owner is unable to respond or afford. Examples of use of the Fund include the removal of debris and hoarded items, securing unsafe structures, or remediating environmental hazards that pose a risk to the surrounding neighborhood.
4. Enhance Disaster Response: The Department’s staff, including Code Enforcement Officers and Building Inspectors, are state-certified professionals with expertise in enforcing California building and safety laws. They also possess specialized skills to assess property damage following natural disasters. To strengthen the City’s emergency response capabilities, the Department recommends a one-time General Fund allocation as part of the Fiscal Year 2024-25 mid-year budget to enroll staff in official CalOES (California Governor’s Office of Emergency Services) certification training, increasing the number of employees equipped for disaster response. Additionally, the Department proposes a one-time purchase of disaster response kits to outfit inspection vehicles, ensuring readiness for immediate deployment during emergencies.
5. Provide Additional Enforcement for the Tobacco Licensing Program: The AMC delegates the enforcement of tobacco retailer regulations (Article XVII) to the Department, as established by Ordinance No. 3230 (November 27, 2018). The Department is required to inspect all tobacco retailers for compliance. Full enforcement of these regulations demands significant resources and staffing. The Department plans to seek grant funding available from the County of Alameda and the Department of Justice, as available, to support these efforts.
Conclusion
The City’s Code Enforcement Program plays an important role in safeguarding public health, safety, and well-being of the community. While significant progress has been made by the Department to enhance efficiency, responsiveness, and collaboration, evolving community needs and legislative changes present new challenges that require continued investment and improvements. The City can ensure its Code Enforcement Program remains effective and aligned with community expectations by continuing to invest in program enhancements, which will strengthen the Program’s ability to serve the needs of the community.
ALTERNATIVES
There are no alternatives as City Council is receiving a report.
FINANCIAL IMPACT
There are no financial impacts to accepting this report. Direction to staff on Code Enforcement priorities will not immediately have an impact on the General Fund. Any proposal to modify staffing or program expenditures will be presented to City Council as part of the Fiscal Year 2024-25 mid-year budget or Fiscal Year 2025-27 biennial budget.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The information provided in this report complies with the requirements of the Alameda Municipal Code sections AMC 2-44.1, AMC Chapter XIII on its entirety, AMC 1-5.2 and 1-5.6 and California Health & Safety Code section 17970.5 and section 832 of the California Penal Code, all pertaining to the City’s Code Enforcement authority and operations. This report includes information supporting the City Strategic Plan Priority to Enhance Community Safety and Services, specifically Project CS29 to provide ongoing resources to enforce the ban on gas-powered leaf blowers.
ENVIRONMENTAL REVIEW
NOT A PROJECT: This status report is does not constitute a “project” as defined in CEQA Guidelines Section 15378 and therefore no further CEQA analysis is required.
CLIMATE IMPACT
Accepting this report has no Climate Impacts. Code enforcement activities are consistent with the City’s Climate Action and Resiliency Plan by ensuring compliance with regulations that promote safety and sustainability, such as building codes and related energy efficiency standards.
RECOMMENDATION
Accept this update on the City’s Code Enforcement Program and provide comments.
Respectfully submitted,
Allen Tai, Planning, Building and Transportation Director
By,
Oscar Davalos, Building Official
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. PBT Department Organization Chart
2. 1999 City Council Priorities for Code Enforcement
3. Code Enforcement 5-year Case Load Summary
4. Revised Code Enforcement Priorities