Agenda Item - 2024-06-18 - Number 11.1 - Civil Violation Code Enforcement Update 11 .1
O
F �s� COUNCIL REPORT
Ci
cEGO�
Subject: Civil Violation Code Enforcement Study Session
Meeting Date: June 18, 2024 Staff Members: Jessica Numanoglu, Director
Bill Youngblood, Senior Code Enforcement Specialist
Report Date: June 7, 2024
Department: Community Development
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑ Resolution ❑X Not Applicable
❑ Information Only Comments:
❑X Council Direction
❑ Consent Agenda
Staff Recommendation: N/A
Recommended Language for Motion: N/A
Project/ Issue Relates To: Civil Violation Code Enforcement Process, Considerations, and
Priorities
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable
ISSUE BEFORE COUNCIL
Staff will provide an overview of the current approach to civil violation code enforcement and is
seeking feedback from the Council on enforcement priorities and considerations, and potential
enforcement-related code amendments.
This study session will focus primarily on civil code enforcement in the Community
Development Department, but will touch on civil enforcement in other departments.
Enforcement matters related to maintenance of vegetation and sidewalks in public rights-of-
way (ROW), encroachments in public ROWs, and encroachments into parks and natural areas
will be discussed at a future work session with the Council later this year.
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
EXECUTIVE SUMMARY
This report outlines the City's current approach to code enforcement, highlighting key
considerations, priorities, and challenges, and concluding with recommendations for code
amendments to address issues that make it difficult to effectively, efficiently, or fairly enforce
codes and standards. Staff requests feedback from the Council on the current code
enforcement process and to identify priorities moving forward.
BACKGROUND
Code enforcement is a critical function within our city to maintain the safety, health, and
quality of life of all residents through the regulation of building codes, zoning laws, sign codes,
tree codes, property maintenance standards, and other municipal regulations. Without
enforcement, codes and standards are less likely to be followed, which deteriorates community
standards and the vision it aspires to.
This study session focuses on the City's enforcement approach to civil violations, which are non-
criminal infractions that are typically punishable by a fine (criminal violations have a different
process and will not be covered). In Lake Oswego, some common examples of civil violations
include illegal placement of an A-frame sign in the public right-of-way, parking violations, fence
violations, construction without a permit, failure to obtain a tree protection or tree removal
permit, and nuisances (e.g., noise, trash/debris, tall grass).
Enforcement of civil violations in the City is decentralized and falls to several different
departments, depending on the type of violation, although there is collaboration and
coordination among departments to enforce certain codes. Table 1 lists the departments that
conduct enforcement along with the responsible staff and the codes or ordinances that are
enforced.
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 3
Table 1. Department Responsibility for Civil Violation Code Enforcement
Department Responsible Staff City Codes and Ordinances
Enforced
Police Community Service Officers Animals and Fowl (Ch. 31)
(CSOs) and Police Officers Traffic Code (Parking) [Ch. 32]
Nuisances (Ch. 34)
Sign Code (Ch. 47)*
Tree Code (Ch. 55)*
Fire Fire Marshal Fire Code (Ch. 15)
Parks and Recreation Park Rangers Park Rules (Ch. 34)
Encroachments in parks'
Community Development Building Official Building Code (Ch. 45)
Code Enforcement (CE) Nuisances (Ch. 34)
Specialists Sign Code (Ch. 47)
Community Dev. Code (Ch. 50)
Tree Code (Ch. 55)
Republic Services (Ordinance)
Engineering Public Works staff -ltreets ana iaewaiics kCh. 42)`
i''h. 34)
Erosion Control Specialist Erosion Control (Ch. 52)
*CSOs assist with enforcement when Code Enforcement Specialists are not available,typically after-hours,
weekends,and holidays.
Code enforcement staff in all departments make a concerted effort to balance enforcement
with community relations and strive to resolve violations first through education and voluntary
compliance; however, when that is not possible, a "stick" approach, potentially with a
correction letter, fines, or court action, is taken. Additionally, it is not possible to
reverse/correct some violations once they occur, such as tree removal or demolition without a
permit. For these types of offenses, a violation letter and a fine are always issued. These types
of situations can result in complaints about the City's enforcement actions or claims of
inconsistent enforcement, impacts on businesses or personal finances, or unfairness.
Additionally, we sometimes receive complaints about the length of time it takes to resolve an
enforcement case filed by a complainant. In the Discussion section, below, we discuss various
considerations and priorities that are balanced in determining how we approach enforcement
cases, challenges that staff faces in enforcing certain standards, and recommendations for
possible code changes to address these challenges.
1 Due to the complex and sensitive issues around ROW and park or natural area encroachments and maintenance
of sidewalks and vegetation in the ROW,enforcement of these matters will not be covered in this study session.A
separate study session covering these matters will be scheduled for a future Council meeting later this year.
2 See Footnote 1.
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 4
DISCUSSION
Current Civil Violation Code Enforcement Approach
The frequency and nature of civil violations vary by department and the process to address and
prioritize violations also varies depending on the affected code and the nature and urgency of
the violation. However, there are some common factors in most civil violation investigations
that are considered in the City's overall approach to code enforcement.
Considerations
1. Equity. Equity means that all community members are treated fairly and justly, regardless
of their socioeconomic status, race, or background in the code enforcement process. To
staff's knowledge, no data has been collected specifically to evaluate equity in the City's
civil enforcement programs; therefore, we do not currently know whether these programs
result in inequitable outcomes in the City. Anecdotally, we do know that a purely complaint-
based enforcement system is inequitable because it results in inconsistent treatment. For
instance, it can reward residents who feel comfortable contacting the government, such as
people who speak English fluently, are more socio-economically well off, and have trust in
local government. This can lead to higher rates of complaints and enforcement actions in
some neighborhoods, but not others, and can disproportionately affect communities of
color or lower-income residents who may be targets of the complaints and don't feel
comfortable contacting the government.
The City utilizes both a complaint-based and a systematic-based approach to code
enforcement. Systematic code enforcement takes a more proactive approach to address or
prevent violations rather than relying only on complaints to identify violations. Examples of
this approach include conducting routine inspections and patrols throughout the City,
notifying licensees of upcoming renewals so they can remain in good standing, education,
and enforcing violations observed by staff in the field, rather than waiting until a complaint
is received.
Table 2 lists regulations that are enforced on a systematic basis (and also by complaint),
followed by a list of regulations that are complaint-based only (Table 3):
Table 2. Systematic-Based Civil Violation Enforcement (violations that are investigated
with or without a complaint and measures taken to prevent violations).
Regulation Dept. Responsible Description Equity Evaluation
for Enforcement
Fire Code Maint. Fire Dept. Compliance inspections Inspections apply
Inspections according to the Oregon Fire systematically and
(commercial Code. everyone is treated
sites, new the same.
construction/
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 5
Regulation Dept. Responsible Description Equity Evaluation
for Enforcement
permits, state
licenses)
Business Community Finance Dept. proactively All applicants receive
Licenses Development notifies applicants of renewals notifications.
Temporary Signs Community Public Property: signs are picked Illegal signs are picked
(illegal A-frame Development/ up by CE Specialists, CSOs, and up as encountered in
signs, banners, Police Police on weekdays. On the field; however,
election signs, weekends/holidays, signs are staff cannot patrol
etc.) picked up by CSOs and Police. every property so high
visibility/traffic areas
Private Property: signs are may have higher
addressed by CE Specialists. enforcement rates
than other areas.
Parking Police/ CSOs and Police address illegal Staff cannot patrol
Community parking and every property so high
Development abandoned/inoperable vehicles visibility/traffic areas
in public ROWs. may have higher
CE Specialists address enforcement rates
abandoned/inoperable vehicles than other areas.
on private property.
Fences and Community Fences and walls that do not Same as above
Walls Development meet height, location, or design
standards are addressed by CE
Specialists.
Tree Community CE Specialists address tree Same as above
Code/Sensitive Development violations and illegal removal of
Lands vegetation from Sensitive Lands
with backup from CSOs and
Police on weekends and
holidays.
Type II Tree Mitigation for Inspections apply
Development: all mitigation systematically to all
inspected by CE Specialists prior permits; all applicants
to final Building Permit approval. are treated the same.
All Other Type II Mitigation: 50% Inspections are
of all mitigation is inspected by selected using a
Planning Department staff randomized sampling
through random selection. method so all permits
have an equal chance
of being selected.
Tree Protection: All tree
protection plans are inspected
by the CE Specialists.
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 6
Regulation Dept. Responsible Description Equity Evaluation
for Enforcement
Tree Code Trainings: Workshops CE Specialists
are presented yearly on tree participate in public
removal and tree protection workshops to educate
regulations. the public and local
tree professionals
Other Public Tree Education: about tree removal
Saturday Market booths; Hello and tree protection
Lo articles;Arbor Day Activities; requirements.
Sustainability Fair, etc. Additional public
education on tree
regulations and care is
provided by Planning
staff at events
throughout the year.
Parks Rules Parks Park Rule violations are Two Park Rangers
(dogs off-leash, addressed by Park Rangers, cannot patrol every
littering, noise, Police, and CSOs during patrols park so high-use parks
etc., and private or in response to calls for may have higher
encroachments service. enforcement rates
into parks) than others.
Land Use Community CE Specialists inspect Inspections apply
Conditions of Development development projects for systematically to all
Approval (tree compliance prior to final permits; all applicants
mitigation, Building Permit approval. are treated the same.
landscaping)
Building Code Community Building Official and CE Cases are addressed
Development Specialists respond to as encountered in the
construction without a permit field/inspections.
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 7
Table 3. Complaint-Based Civil Violation Enforcement Only:
Regulation Dept. Responsible for Description
Enforcement
Nuisances Police/Fire/ CSOs respond to noise complaints. Fire
Community Development Dept. responds to high grass and fire
hazard complaints. CE Specialists respond
to abandoned building and garbage/debris
complaints.
Residential Solicitations Police Police respond to complaints about
solicitors.
Community Development Community Development CE Specialists respond to complaints
Code about CDC standards, most commonly
related to accessory structures, short-
term rentals, home occupations, uses,
business activities, landscaping, private
parking, and lighting.
An enforcement system can also be inequitable when it prioritizes punitive actions and fines
over code compliance. For instance, automatically issuing fines for nuisance violations, such
as tall grass, could disproportionately affect lower-income residents who may already be
experiencing financial hardship, or disabled or elderly residents who are unable to perform
maintenance, and diverts money to fines instead of addressing the problem. The City's
overall approach is to prioritize the resolution of violations through education and voluntary
compliance before resorting to fines or other punitive actions. For example, CE Specialists
handled 235 violation cases between May 2022 and May 2024, of which only 63 cases (37%)
were charged a violation fee. Almost all of those violation fees were charged to commercial
contractors and professionals that had committed code infractions, rather than residents.
See the discussion on pages 8-10, below, for a full description of the Civil Violation Code
Enforcement Process for the Community Development Department.
2. Priorities. Code enforcement staff must balance their workload to resolve on-going cases as
well as investigate new cases and perform their other work tasks. For instance, CE
Specialists in the Community Development Department inspect and issue Tree Protection
Plans, and perform inspections for tree and sensitive lands mitigation and Planning
requirements (e.g., land use conditions, landscaping, bicycle and vehicle parking, etc.) in
addition to investigating and processing violations. On average, CE Specialists have 30-50
active complaint cases at any given time while at the same time resolving approximately 15
violation cases, completing 5-10 Planning inspections, and issuing 54 Tree Protection plan
approvals each month.
Civil violation enforcement cases have different levels of importance or urgency. Some
cases are investigated and resolved on the spot or within a few days, while others can take
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 8
months, or even years, to resolve. Civil violation cases are prioritized and handled based on
the following factors:
a. Public safety or health issue—violations that pose an immediate threat to the public,
such as injury to a tree during construction that may make it hazardous/likely to fall or
improper storage of food scraps/garbage that is attracting rodents or being blown off-
site, have priority and are addressed as soon as possible.
b. Worsening civil violation vs. static civil violation—violation activities that are in
progress (e.g., a tree being cut down without a permit, active construction occurring
without a permit, or vegetation in process of being removed from Sensitive Lands, etc.)
have priority over violation activities that are not active or violations that occurred more
than six months ago (e.g., a fence built too tall, an accessory structure built within a yard
setback, or a tree canopy topped in the past, etc.).
c. Repeat offenders or non-compliance—violation fees are charged for a new violation
when it is the same or similar to a past violation by a repeat offender, such as a
contractor who has had previous tree protection violations, or when a violation action
cannot be reversed, such as removing a tree or demolishing a house without a permit.
Violation fees may also be charged when code enforcement staff have made several
attempts to gain voluntary compliance, but the offender refuses to comply or stalls
progress toward compliance.
d. Community values (safety, trees, aesthetics)—violations involving tree removal or
protection, temporary signs, and land use have long been recognized as important
community values and are considered a high priority for enforcement.
e. Enforceability/Limited Evidence— low enforcement priority is given to cases where
there is limited evidence of a violation or where collecting evidence is very difficult.
Examples include: violations where the responsible party is unknown or a witness is
unwilling to testify; staff is unable to determine when a violation occurred; or when
after-hour or long-term surveillance is required to substantiate the violation, such as
verifying 6-month minimum owner occupancy requirements for short-term rentals.
3. Misuse of limited enforcement resources—while code enforcement staff investigate all
complaints, maintaining an efficient use of staff time can be challenging when the system is
misused. It is not uncommon for neighbors who are not getting along to use the code
enforcement process as a way to cause distress to their neighbor by reporting serial
complaints, often to multiple departments (Police Department, City Manager's Office and
Code Enforcement staff), which in turn can lead the other neighbor to file complaints in
retaliation. Depending on the circumstances involved, these situations may be given a low
priority.
Current Civil Violation Code Enforcement Process—Community Development Department
As noted previously, the process to investigate and enforce a violation differs by department
due to the varied regulations involved; however, because the Community Development (CD)
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 9
Department has one of the most active enforcement programs due to the depth and breadth of
the codes and ordinances it is responsible for enforcing, the CD Department's enforcement
process provides a good example to understand the time and effort involved.
Violations handled by the CD Department generally relate to public health, safety, and welfare,
business activities, building standards, land use, permitting, and neighborhood livability. Once a
potential civil violation has been identified, the CE Specialists follow the standard procedure,
below:
1. Investigate/verify complaint with the complainant;
CE Specialists start by meeting with or talking to the complainant to gather facts and
understand the issue (who, what, when, and where) and will make a site visit to determine
if a violation exists.
Approximately 20% of the complaints received are not actually a violation of a City code,
but are instead a private dispute, such as a property damage claim, a property line dispute,
a concern about a neighbor's dead tree, a tenant/landlord dispute, or a criminal complaint
(trespass).
2. Contact the property owner and the person(s) who performed the work to discuss City
code requirements and the actions needed for compliance;
If an individual was hired to perform the work, then they are also contacted and included in
the actions needed for compliance.
Notice of payment for a violation fee (when required) is sent to the property owner and the
contractor. It is between the property owner and the contractor to determine who pays the
fee or if the cost is shared.
3. Send a violation letter to the property owner(and contractor, if applicable) with actions
needed for compliance, and a completion date;
CE staff generally give the violator additional time to achieve full compliance, if requested,
as long as progress toward compliance is made by the compliance date.
A violation letter with fee and payment date is issued to the violator if progress toward
compliance is not made or if the violation cannot be undone, such as a tree removed
without a permit or a house demolished without a permit.
4. Issue a citation for the violation.
a. A citation is issued once other attempts to achieve compliance have failed and the time
provided in the violation letter (including extensions) has passed without compliance.
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 10
b. A citation is processed by the Lake Oswego Municipal Court and requires the recipient to
enter a plea of"Guilty", "No Contest" or "Not Guilty"
c. A defendant's plea of"Guilty" or "No Contest" to the Court results in the citation being
approved by the Judge and the defendant paying a presumptive fine to the Court.
However, the citation approval does not require the defendant to complete the actions
needed to comply with city codes. This means that even when the citation is approved and
the fees are paid by the defendant, the violation of City code still remains. CE staff may
issue additional citations for the violation as an incentive for the defendant to comply.
However, because the citation process is labor-intensive and time-consuming, it is only
used when other attempts to reach compliance have failed.
d. A defendant's plea of"Not Guilty" results in the Court scheduling a trial to hear evidence
from CE staff as to why the defendant is guilty, and to hear evidence from the defendant as
to why they are not guilty. If the Judge finds the defendant Not Guilty, the citation is
denied. If the Judge finds the defendant Guilty, CE staff may provide evidence of past
attempts to achieve compliance and ask the Judge to consider a fine of up to $1,000 per
count to encourage compliance.
Civil Violation Enforcement Challenges
Several issues can make it particularly difficult to effectively and efficiently enforce codes and
standards. These issues can create uncertainty or confusion for residents and business owners,
causing additional tension to already contentious situations, and can lead to prolonged or
unresolved investigations. These issues include:
• Standards that are impractical to verify.
o Examples: 1) Short-term rentals require owner-occupancy of the dwelling for a
minimum of 6 months per year. While an owner must agree to this condition when they
receive a business license to operate a short-term rental, it is very difficult for staff to
prove they are not occupying the residence for 6 months per year when a complaint is
received; 2) Nuisance standard that requires property owners to trim back spreading
vegetation 10 feet from property lines is impractical to enforce due to the pervasiveness
of this issue throughout the City and the ability of spreading vegetation, such as English
ivy and blackberries, to rapidly regrow after being cut back.
• Vague standards that require staff interpretation.
o Example: Home Occupation business standard that states that the use can't "alter the
residential character of the neighborhood." This standard is undefined and open to
interpretation, causing confusion for home business operators and giving wide latitude
for neighbors to argue a home-based business is affecting the neighborhood.
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 11
• Volume of violations and complaints.
o Example: The frequency of temporary signs illegally placed in public rights-of-way can be
hard to keep up with and gives the appearance that staff is selectively enforcing sign
regulations.
• Different requirements for the same structure in Building Code vs. Community
Development Code.
o Example: Accessory structures that are below certain size thresholds do not require a
building permit but must still meet zone requirements, such as setbacks and height
restrictions. This is confusing and costly to homeowners when they wrongly assume that
if a building permit is not required, then zone standards also do not apply.
Recommended Code Enforcement-Related Code Amendments
While some of the enforcement challenges, above, cannot be entirely avoided, some of the
issues could be addressed by code amendments. Staff recommends the following code
amendments, which could be addressed as part of routine code maintenance, such as the
annual CDC amendments and annual non-CDC code amendments:
1. LOC 34.10.520 Periodic Brush Cutting Required; Exceptions (applies to private property):
Eliminate this code to no longer use the civil violation enforcement process to require
cutting back of spreading vegetation to 10 feet from the property line.
2. LOC 50.03.004.1.b.ii(1) Home Occupation: Revise home occupation business standards to
be clear and objective so that staff have measurable standards they can apply to determine
if a business is negatively impacting residential neighborhoods (e.g., limits on outdoor
activities and hours of operation, requiring on-site parking for clients or patrons, etc.).
3. LOC 50.03.004.1.b.ii(7) Home Occupation; Short-Term Rentals: Revise short-term rental
occupancy standard to strengthen enforceability.
4. LOC 50.09 Enforcement and Penalties: Revise CDC Enforcement and Penalties to
strengthen and clarify what constitutes a violation. Currently, the code reads: "Any
development which occurs contrary to the provisions of this code or contrary to any permit
or approval issued or granted hereunder is hereby declared to be unlawful and a public
nuisance, and may be abated." Additional text is needed to say these violations are also civil
violations, as defined by LOC § 34.04.105, and enforceable pursuant to LOC Article 34.04.
Feedback Requested from the Council
To facilitate the discussion at the work session, we invite the Council to consider the following
questions:
1. Do you agree with the current approach to code enforcement in terms of the priorities,
considerations, and procedures described above?
2. Are there specific types of violations that should be prioritized more or less?
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 12
3. How can we improve our communication and engagement with the community regarding
code enforcement?
4. Please provide direction to staff on the recommended code amendments, above.
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY