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Municipal Code Amendment Suspension of Utility Services for Violation of Specified Code Sections of the Pasadena Municipal Code. City Council May 15, 2017. Background.
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Municipal Code AmendmentSuspension of Utility Services for Violation of Specified Code Sectionsof the Pasadena Municipal Code City CouncilMay 15, 2017
Background This Code amendment is intended to provide an alternative code enforcement tool, and in certain narrow instances allow the suspension of City utilities for on-going code violations. The need for an additional narrowly applied compliance option is exemplified by the City’s on-going efforts to resolve non-compliant land use issues. Suspension of utilities is a compliance process used only when uncorrected violations persist and utilities are subject to reconnection when the applicable code violations have been corrected.
Background • Suspension of utilities is applicable only to commercial and industrial properties. • Suspension of utility service will only be after the City has sought correction through existing code enforcement processes including the issuance of administrative citations or administrative compliance orders. • Citations with fines of $108, $218, $546 and $1,098 will be issued in an effort to compel compliance and prior to initiation of the utility suspension process. • Suspension of utility services may be an alternative to, or in conjunction with other available civil or criminal remedies.
Utility Suspension Process A Notice of Utility Suspension may be issued upon the responsible party. In no instance will utility suspension occur less than 10 days after the notice is issued. The utility suspension proceedings includes “due process” requirements allowing for administrative review before a hearing officer. Responsible parties have 10 days to file for administrative review. Appeal hearings to be set not less than 7 days or more than 21 days for the date of appeal application filing.
Utility Suspension Process At the appeal hearing the City and the responsible party have the opportunity to present evidence and witnesses in support of his/her case. City staff will provide the hearing officer with pertinent records and make available to the responsible party reports and documents concerning the request to suspend utilities. The City bears the burden of proof to establish a violation of the Code. After receiving testimony from City staff and the responsible person, the hearing officer may uphold or deny the appeal of utility suspension.
Utility Suspension Process The hearing officer shall issue a “Notice of Decision” and a “Notice of Suspension” becomes effective 3 days after the date of the Notice of Decision. A Notice of Suspension that is not appealed, or that is appealed and denied will be transmitted to the General Manager of Pasadena Water and Power by Code Compliance staff, and those staff will coordinate suspension activities amongst necessary departments. The code compliance time frame between the initial investigation and issuance of a Notice of Utility Suspension is estimated between 35 and 70 days. The Notice of Utility Suspension time frame with an appeal is estimated between 21 and 39 days.
Staff Recommendation • Staff recommends that the City Council: • Add Chapter 8.88 to Title 8 of the Pasadena Municipal Code permitting suspension of City services for certain sections of the Municipal Code and amend Title 14, Section 14.04.030 of the Pasadena Municipal Code regarding enforcement options.
Municipal Code AmendmentSuspension of Utility Services for Violation of Specified Code Sectionsof the Pasadena Municipal Code City CouncilMay 15, 2017
Notice of Utility Suspension Issued Code Enforcement Investigation Administrative review requested Application filed 10 days or less after Notice issuance Application filed 11 days or more after Notice issuance No administrative review requested Violation Confirmed Appeal hearing set no less than 7 or more than 21 days from date of review request Past appeal period Suspension may occur no sooner than 11 days after notice Warning Notice Issued Appeal opportunity vacated Appeal held and Hearing Officer renders decision Violation Continues Violation Correction Appeal upheld Appeal denied 1st Citation Issued Notice of Suspension Approved Notice of Suspension Stayed Close Case Notice of Suspension effective 3 days from date on Notice of Decision 2nd Citation Issued . 3rd Citation Issued Suspension request sent to PWP 4th Citation Issued Notice of Utility Suspension Issued Time span to suspension request to PWP No Appeal – 11 days Untimely Appeal - 11 days Suspension Appeal Denied – 21 to 39 days Code Enforcement Commission Time span 35-70 days to issue Notice of Utility Suspension
Notice of Utility Suspension Issued Code Enforcement Investigation Administrative review requested 10 days Application filed 10 days or less after Notice issuance Application filed 11 days or more after Notice issuance No administrative review requested Violation Confirmed 5-10 days 7-21 days Appeal hearing set no less than 7 or more than 21 days from date of review request Past appeal period Suspension may occur no sooner than 11 days after notice 11 days Warning Notice Issued 5-10 days Appeal opportunity vacated Appeal held and Hearing Officer renders decision 1-5 days Violation Continues Violation Correction 5-10 days Appeal upheld Appeal denied 1st Citation Issued Notice of Suspension Approved Notice of Suspension Stayed Close Case 5-10 days Notice of Suspension effective 3 days from date on Notice of Decision 2nd Citation Issued 3 days 5-10 days . 3rd Citation Issued 5-10 days Suspension request sent to PWP 4th Citation Issued Notice of Utility Suspension Issued 5-10 days Time span to suspension request to PWP No Appeal – 11 days Untimely Appeal - 11 days Suspension Appeal Denied – 21 to 39 days Code Enforcement Commission Time span 35-70 days to issue Notice of Utility Suspension
