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HomeMy WebLinkAbout11987RESOLUTION NO. 11987 A RESOLUTION APPROVING THE CODE ENFORCEMENT VOLUNTEER PROGRAM WHEREAS, the Planning Department, Police Department, and Animal Control have collaborated to create a program using volunteers to investigate and report certain violations of City Code; and WHEREAS, the program should improve the City's enforcement of certain city codes, thereby improving neighborhoods and the quality of life for residents of the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Code Enforcement Volunteer Program as outlined in the program documents attached to this Resolution is hereby approved SECTION 2. This Resolution shall be effective upon its final passage and approval. INTRODUCED: September 13, 2010 BY: Judy Weaver COUNCILPERSON 2 Background Paper for Proposed RESOLUTION DATE: AGENDA ITEM # Q-1 September 13, 2010 DEPARTMENT: Jerry M. Pacheco, City Manager Jenny M. Eickelman, Assistant City Manager Thomas J. Florczak, City Attorney TITLE: A RESOLUTION APPROVING THE CODE ENFORCEMENT VOLUNTEER PROGRAM ISSUE: Should the City Council adopt a Resolution approving the Code Enforcement Volunteer Program? RECOMMENDATION: Administration recommends approval of the Resolution. BACKGROUND: The proposed Resolution would approve the Code Enforcement Volunteer Program. Under the proposed program, the City would train and utilize volunteers to detect, investigate, and report certain violations of City code. Employees from Planning and Community Development, the Police Department, and Animal Control would then proceed with enforcement. As a result of these efforts, the City will likely benefit from safer, better kept neighborhoods resulting in stabilized property values and an improved quality of life. FINANCIAL IMPACT: The Planning Department will purchase ten cameras to be used by the volunteers to gather evidence of violations. The cost of the cameras and safety vests is estimated to be approximately $1,315. 1 PROCEDURES FOR CODE ENFORCEMENT VOLUNTEER PROGRAM A. Selection of Volunteers 1. Volunteers will undergo an initial screening by the Pueblo Volunteer Center. 2. Volunteers would agree to: (a) Undergo training by the Department of Planning and Community Development, Police Department and Animal Control, depending on placement. (b) Disclose their names on affidavits. (c) Sign releases of the City, Animal Control, the Pueblo Volunteer Center and all of their officers, agents and employees. (d) Agree to cooperate with and be supervised by the Department of Planning and Community Development, Police Department and Animal Control under the direction of the Department of Planning and Community Development. (e) Agree to comply with certain standards and conduct when collecting evidence. (f) Agree to testify in any court proceeding concerning the violations they report. (g) Undergo a background check by the Police Department. (h) Any other reasonable procedures. 3. Volunteers who commit substantial violations of the Volunteer Agreement, criminal violations, or other conduct reflecting poorly on the program, in the sole and absolute discretion of the City, would be reprimanded, warned, suspended, or terminated from the program, depending on the severity of the violation. B. Training 1. Volunteers will receive training from the Department of Planning and Community Development, Police Department or Animal Control concerning: (a) The elements of the offenses they would enforce (b) Completing and submitting the affidavit (c) Photographing violations 1 (d) Avoiding conflicts of interest (e) Avoiding and de- escalating confrontations (f) Testifying 2. Training will include ride - alongs with the Department of Planning and Community Development, Police Department, or Animal Control. C. Procedure for Collection of Evidence 1. Volunteers must wear a safety vest and be identifiable at all times. 2. The volunteer will be assigned an area to check. This area should be at least one. mile from his or her home in order to avoid the appearance that the volunteer is encouraging enforcement to increase the value of his own property. 3. Volunteers will walk a neighborhood taking photos of violations. They may walk in pairs for their own safety. 4. The volunteer may walk anywhere the public may walk without trespassing: streets, sidewalks alleys, stores and other places open to the public; but must not trespass on to any private property. 5. If a volunteer finds a violation at a property or occupied by anyone that the volunteer knows, personally or professionally, and regardless of whether the relationship is positive or negative, the volunteer will avoid that property and moves on to other properties. 6. If a volunteer sees a violation, he or she shall photograph the violation and complete the affidavit on the scene. 7. The volunteer shall avoid contact with owners and occupants at the property. If confronted, the volunteer will explain what he /she is doing and de- escalate the situation if necessary. If the situation becomes dangerous, the volunteer shall back away and call 911 if that is necessary. 8. The volunteer will sign and have the affidavit notarized. 9. The volunteer will return the affidavit along with the photographs to the Code Enforcement section to which they are assigned. The volunteer shall report and documents any unusual activity that occurred in the collection of evidence, including but not limited to verbal altercations, fights, injuries, dog bites, harassment or threats. 2 10. Volunteers will be assigned by the Planning and Community Development Department to either the Planning Department, Police Department or Animal Control. 11. If the volunteer notices violations other than what they are enforcing, he /she shall bring the photographs and affidavit to their assigned department for referral. 12. Code Enforcement and animal control shall review the affidavits and photographs. The affidavit and photographs, if properly collected should create probable cause to believe that a violation occurred. 13. The Code Enforcement or Animal Control officer shall take whatever enforcement action is believed to be appropriate, which may include: no violation if the affidavit does not show a violation; a visit to the property; a warning letter; a posted warning; or issuance of a summons and complaint; or other enforcement action. 14. If a summons and complaint is filed in Municipal Court, and the Defendant enters a plea of not guilty, the Code Enforcement or Animal Control officer shall request that the Municipal Court issue a subpoena for the volunteer. 15. The volunteer shall testify in court. The court will enter judgment and sentence. The case is then concluded. 16. The volunteer and Code Enforcement or Animal Control officer will de -brief and evaluate how they can improve their approach to similar violations in the future. D. Evaluation of the Program 1. A committee consisting of the City Manager and representatives from the Department of Planning and Community Development, Police Department, Animal Control, the Pueblo Volunteer Center, City Attorney's Office, Municipal Court, and a volunteer in the program, shall meet annually to evaluate the program. The meeting is chaired by the City Manager. 2. The Committee will evaluate: (a) Problems, if any with the program (b) Ways that the program can be improved; and (c) The costs and benefits of the program 3. The Committee will vote, a simple majority will control, and the Committee will make a recommendation to the City Manager as to whether the program should be modified, continued or terminated. 3 CITIZEN'S AFFIDAVIT CONCERNING CERTAIN CODE VIOLATIONS COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The undersigned affiant, being duly sworn upon his or her oath states as follows: 1. My full name is: 2. My official address is: Pueblo Police Department, Code Enforcement Section, Volunteer Program, 310 E. "D" Street, Pueblo, Colorado, 81003. 3. I am over 18 years of age. 4. I have personal and direct knowledge of the facts stated in this affidavit from my own direct perception of the facts, events, and conditions described in this affidavit. 5. On (date) 2010 at p.m. /a.m. at: (location) Pueblo, Colorado, Colorado ( "Subject Property "), I personally saw the following: (Describe the violation in detail. Please describe only the facts and do not add opinions, conclusions, history, or the action that you think should be taken): 1 6. To the best of my knowledge and belief, I do not know anyone who owns, resides, or works at the Subject Property. 7. I do not own any interest in any real property located within miles of the Subject Property. 8. I made these observations while located at: , which is approximately feet from the facts and conditions described above. 9. My view of the facts and conditions described above was: (check all that apply): clear; unobstructed; well lighted. 10. Based on the observations described in this affidavit, I believe that the following violations occurred at the Subject Property on the date shown on this affidavit (check all that apply): §7 -3 -2 Accumulation of litter or garbage § 11- 4 -32(c) Hares or rabbits housed within 10 ft. of property line §7 -4 -2 Weeds on property >10" §11 -9 -7 Graffiti on property §11 -4 -23 Accumulation of animal droppings §7 -4 -21 Plant or structure obstruct- ing visibility at intersection § 11 -4 -24 Animal carcass on property § 17 -4 -27 Recreational vehicle or equipment parked on street §11- 4 -32(b) Fowl housed within 8 ft. §17 -4 -28 Inoperable vehicles of property line 2 11. I collected the following photographs or video tape as part of my observations and they are attached and incorporated as part of my affidavit. Each of these is a fair and accurate depiction of the facts and conditions described in this affidavit: 12. Additional relevant information: Dated this day of 2010. (sign) Subscribed and sworn before me this day of 2010. My commission expires: (Notary) 3 ACKNOWLEDGEMENT, ASSUMPTION OF RISK, WAIVER, RELEASE, COVENANT NOT TO SUE, INDEMNIFICATION, AND AGREEMENT In consideration of the City of Pueblo ( "City ") and Senior Resource Development Agency ( "SRDA ") permitting Volunteer to participate in the Volunteer Program, Volunteer acknowledges and agrees as follows: 1. I am required to comply with all laws, rules, regulations and policies of the Volunteer Program. 2. I understand that I am not covered by Worker's Compensation Insurance or any other insurance carried by the City, SRDA, or the Volunteer Program. 3. The activities related to the Volunteer Program, Volunteer's presence in buildings, properties, and vehicles owned or operated by the City or SRDA ( "Facilities ") and Volunteer's presence in the field all involve a risk of serious physical injury, death, psychological injury, and property damage or loss to Volunteer from various sources, including but not limited to slipping, tripping, falling, assault, battery, attacks by domesticated and wild animals, automobile collisions, theft, theft from vehicles, witnessing assaults and injuries to other persons, and many other sources. 4. The City, SRDA, and their officers, employees, agents, and independent contractors, ( "Released Parties ") make no representations, promises or guarantees as to the quality, standard, safety, or fitness of their Facilities or the locations in the field where Volunteer Program activities occur, for any purpose whatsoever, including but not limited to walking, driving motor vehicles, parking, observing, or other Volunteer Program activities. 5. The Released Parties make no representations, promises or guarantees as to the availability, sufficiency, quantity, quality, standard, or fitness of any safety measures that may or may not be present at the Facilities or in the field, including but not limited to snow clearing, salting, and sanding of parking lots and sidewalks, traffic controls and parking lines, instruction, equipment, supervision, first aid, or other personnel and devices to promote safety, prevent injuries, or treat injuries. 6. The Released Parties do not assume or undertake any duty of care or safety toward Volunteer, including but not limited to any duty to prevent injury, death, or property damage or loss to Volunteer or to make the Facilities or nay location in the field reasonably safe for Volunteer's presence, use or activities. The Released Parties expressly disclaim any such duty. Volunteer is solely responsible for his or her own safety and care. 7. Volunteer freely and voluntarily assumes the risks of being present in the Facilities, being present in the field, and participating in the Volunteer Program activities, and assumes full and sole responsibility for any physical injuries, psychological injuries, death, or property damage or loss to Volunteer that may result from Volunteer's presence in the Facilities, presence in the field, or participation in Volunteer Program activities. 1 8. Volunteer shall remove himself or herself from any persons, activities, situations, or objects that Volunteer perceives or believes to be dangerous. Volunteer shall comply with the rules of each Facility, the Volunteer Program, and any instructions given to Volunteer by any Volunteer Program staff. Volunteer shall take precautions for his or her own safety based upon and any warnings given to Volunteer. 9. Volunteer forever releases and waives any and all claims, known and unknown, presently existing or arising in the future, and any suit or action in law or equity against the Released Parties in any court or tribunal, based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property damage or loss that Volunteer may suffer, related to or caused by the Released Parties, other persons, the Facilities, or any object, thing, or activity in any Facilities or in the field, in any way arising from or related to the Volunteer Program. 10. Volunteer shall not file, pursue or prosecute any suit, action or proceeding, in law or in equity, in any court or tribunal, against the Released Parties, based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property damage or loss that Volunteer may suffer related to or caused by the Released Parties, other persons, the Facilities, or any object, thing, or activity in the Facilities or in the field, in any way arising from or related to the Volunteer Program. 11. Volunteer shall indemnify, defend and hold harmless the Released Parties against any liability for any damages, attorneys fees, and restitution that may be imposed by any court or tribunal in any suit, action or proceeding in law or equity filed by any person or entity based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property damage or loss that Volunteer may suffer, related to or caused by the Released Parties, other persons, the Facilities, or any object, thing, or activity in the Facilities or in the field, in any way arising from or related to the Volunteer Program. 12. This Acknowledgement, Assumption of Risk, Waiver, Release, Covenant Not to Sue, Indemnification, and Agreement shall be binding on Volunteer and his or her heirs, personal representatives, executors, assigns, guardians, conservators, next friend, and attorneys. I HAVE READ THE FOREGOING ACKNOWLEDGEMENT, ASSUMPTION OF RISK, WAIVER, RELEASE, COVENANT NOT TO SUE, INDEMNIFICATION, AND AGREEMENT. I UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I SIGN THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY COERCION OR INDUCEMENT OTHER THAN THE CONSIDERATION STATED IN THE AGREEMENT. VOLUNTEER'S NAME (PLEASE PRINT) VOLUNTEER'S AGE VOLUNTEER'S SIGNATURE DATE SIGNED 2