Code Enforcement Article - Spring 2004

Originally printed in the Spring 2004 Crossroads newsletter.

Code Enforcement

Lt. Richard Harpole

Barstow Police Department

Have you ever heard the expression “you cannot not see the forest for the trees?” That saying has a lot of application here in Barstow. Most of us know Barstow is a great city, with many good people, a healthy environment, and a lot of promise. Unfortunately, at times, it is hard to see the goodness that is Barstow, because of many problems that are in the forefront, such as code enforcement violations.

If you have ever moved into a new house or office, or remodeled, or bought new furniture, then you know firsthand how these new surroundings can pick up your spirits and give you a more pleasant outlook. The same thing happens in a community. If your neighbor paints his house, his efforts make your neighborhood look better. Soon you begin to think that you want to paint your house, or make some other upgrades to it, so that Mr. Jones’ house does not look better than your house does. Each act to improve property in the neighborhood will likely create a positive attitude among those living in the area. However, when no one works to make improvements, then fewer people are inspired, and some will move away because they see the futility of spending for remodels or upgrades if the rest of the neighborhood is degenerating.

In law enforcement, there is a theory called “Broken Windows,” which holds that soon after a building becomes vacant, the weeds begin to grow and develops the appearance that no one really cares about the property. Shortly thereafter, someone will throw a rock and break out a window and then another window becomes broken. It becomes evident that no one cares about the property when the windows remain broken. The blight dominoes continue to fall with a property like this. The property becomes a place to drop unwanted items to avoid a trip to the dump, or a broken down car is left on the street near the building. It is not long before the sad condition of this one property begins to spread throughout the neighborhood and affect the attitudes of other residents in the neighborhood. They develop the attitude that “if no one else cares, why should I?” As a neighborhood begins to decline in its appearance, the criminal element begins to move in and good people move out. As the cycle continues, an attitude of atrophy and despair takes over in the neighborhood, and property values and investment begin to decline.

Perhaps you have noticed properties with several junk cars, discarded appliances, or piles of trash. If you have, then you probably have wondered what it will take to get these owners to clean up their property. In some cases, education is the answer; in other cases, strict enforcement will be necessary; and still in other cases, it will only take a helping hand. The city’s approach to these problems includes all three—education, enforcement, and assistance to those who are in need.

There are a number of conditions that constitute a code violation; and most can be found in chapter 6.28 of the Barstow Municipal Code. Some code violation examples include unpainted buildings resulting in dry rot; warping and termite infestation; broken windows constituting hazardous conditions and inviting trespassers and malicious mischief; as well as overgrown vegetation causing detriment to neighboring properties or property values. Other violations include conditions that attract rats and other vermin; dead trees, weeds and debris; and any other condition creating an unsightly appearance or that is dangerous to public safety and welfare, or infringes on others’ property values. Inoperative vehicles are a huge problem in our community.

Some neighborhoods are actually occupied by more inoperable vehicles than people. Vehicle related code violations include vehicles, trailers, campers, boats and other mobile equipment parked and/or stored on lawns or in front yard areas, excluding driveways. Vehicles may, however, be permitted to be parked or stored in any side yard adjacent to the driveway provided that the area is paved and the equipment does not extend over the sidewalk or other city right-of-way. Inoperative, abandoned, wrecked or dismantled motor vehicles stored on private property are also code violations.

City government is working to correct problems that are its responsibility such as crack fill and sealing streets, removing weeds and discarded materials from city-owned properties, and a soon-to-begin project to rehabilitate the worst sections of Main Street. Members of the City Council have also organized a group of people and service groups to help those who are simply unable to correct problems on their own. Those who feel they need the assistance of the CLEAN program should contact the Mayor’s office for more information. 

Code enforcement has become a subject of much discussion in our community lately, but the code enforcement effort cannot solve all of the problems that plague our community. In years past, the code enforcement effort was limited to talking to people and asking for their assistance. However, despite the best efforts of some members of our community to improve the overall appearance of Barstow, there are others who seem content to collect as much trash and junk as possible. Added to this problem are some residents who show no respect for other property owners, the community as a whole, or even themselves. It is because of these conditions that many areas of our community have a less-than-inviting appearance. It is also because of these conditions that code enforcement has been transferred to the Police Department, with new tools, and a new attitude.

Today, when a code enforcement officer contacts a property owner, the conversation will begin with “here is your citation for the described code violation…if you do not correct the problem you will owe the city $100.” This is the administrative citation process. For most violations, the responsible party will be allowed 14 days to correct the problem. For building code violations, there is a mandatory 30-day correction period, while other smaller, less serious problems may be ordered corrected in seven days or less. Any violation involving issues of public safety will require immediate correction, such as unsecured refrigerators or stagnate water. The first citation carries an administrative fine of $100.

If an identified violation is not corrected within the time provided for correction, then a second citation will be issued. This second citation will come with an additional fine of $200, and the third and every subsequent citation will carry a $500 fine. By the time the third citation is issued, the fines will total $800, but the good news is that no one needs to pay any fine for code violations—just correct the problem as required and no fine will be due.

If efforts at voluntary compliance fail, the city can issue criminal complaints for violations of the code and/or take abatement action through the courts. This is now possible because the city has added another tool to the code enforcement toolbox—an attorney to prosecute violations of the municipal code. For many years, the city had no recourse available to require compliance with the code, but today we have an attorney who will aggressively prosecute code violations and work to gain compliance.

City staff will continue to work to gain voluntary compliance through education or the administrative process, but if those efforts fail, there will be no delay in turning the matter over to the attorney to seek a punitive solution. If the violators force the city to pursue criminal or abatement proceedings, the cost to the property owner will greatly increase, but in the end, the outcome will be the same—the violation will be corrected. The only truly open question will be the cost to the owner. In the abatement process, the city will seek a court order to abate the violation. The bill for correcting the violation will then be recorded as a lien against the property.

When the owner pays the taxes, the county will require payment of the lien, or when the property is sold, the city will collect its cost for the abatement from the proceeds of the sale. The city will also work to recover all costs associated with the enforcement action and prosecution.

As mentioned earlier, code violations affect the attitudes of the people who live in the same area as the blight. They affect property value and the willingness of others to invest in our community. If we want visitors to our city to stop and spend money in our businesses, we must create an environment that is inviting. If we want people to invest in our community, then we

need to create an environment that says we value that investment and will help nurture the investment by being good and responsible neighbors.  If we want to create jobs, then we need to create an environment that says our residents take pride in a job well done and value the property of others. If we are to eliminate the conditions that hold us back as a community and create an environment that invites investment, job growth, and prosperity, then we must all work together in this effort.

 

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