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The Building Division is responsible for code enforcement
activity and enforcement of the Morgan Hill Municipal Code.
The Division has a full-time code enforcement officer who
also performs building inspections and business license inspections.
As Morgan Hill's housing stock is aging, citizens of the
community have expressed a growing concern about the deteriorating
conditions of their neighborhoods and commercial areas. In
the past, approximately 90 percent of code enforcement cases
have achieved compliance by personal contact or by letter
writing with citations being issued as a final tool of compliance.
At current staffing levels, it is impossible to have any type
of proactive code enforcement policy. Cases
are currently handled on a reactive basis by written
complaint.
Current Code Enforcement Practices
The goal for the Building Division is to become a partner
with the community to achieve a safe, quality environment
in which to live and work. General enforcement practices include
educational contact and warning, except when life and safety
issues are present. When initial efforts fail to achieve compliance,
three primary tools for code enforcement are used: criminal,
civil, and administrative.
Criminal Remedies: Current criminal remedies include
infraction and misdemeanor prosecutions in Municipal Court.
An infraction conviction can result in a fine while a misdemeanor
conviction can result in a fine plus up to one year in County
jail. Misdemeanor prosecutions of the municipal codes are
rare. Infraction citations (a court action resulting in a
fine) are currently used as a final tool for obtaining compliance.
Civil Remedies: Civil remedies are civil injunctions,
or court orders, obtained from a Superior Court, that require
a specified action by the violator to correct a code violation.
An injunction can compel a party to correct a zoning violation,
dispose of hazardous materials, or fix unsafe building conditions,
and may result in severe penalties if the court order is violated.
Administrative Remedies: The administrative hearing
as described in the nuisance ordinance provides a Hearing
Officer who will hear any testimony offered by the Code Enforcement
Officer and the property owner, and any other persons capable
of giving competent testimony respecting the condition of
the premises or property. This administrative step occurs
before the involvement of the City Attorney, providing a service
to the community and saving time and expenses for the City.
The hearing process provides a forum where the property owner
can present his/her side of the argument to an impartial representative
of the City. The City's ability to impose a timely process
and take direct action often motivates a violator to effect
appropriate remedies in order to avoid increasing costs and
fines. The determination of the Hearing Officer may be appealed
in writing to the City Council.
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