Spring 2007 Volume 1, Number 1 CACEO nnewsews · food, bootleg movies, counterfeit goods, and other...

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Are your streets and vacant lots becoming defacto used car sales lots? It usually starts with just a few cars parked with “for sale” signs displayed before it evolves into a carnival- like swap-meet atmosphere with underground businesses selling other items such as unchecked food, bootleg movies, counterfeit goods, and other products. These events are established semi-sponta- neously without any of the required governmental permits or approvals. Typically, there is no single person that a jurisdiction can investigate and pros- ecute who is responsible for organizing the event. These activities are the source of numerous complaints from residents and businesses alike regarding the trafc problems they create, unfair business practices, land use and development violations, noise, aesthetics, quality of life, as well complaints from disenfranchised customers them- selves. These activities diminish neighborhood quality of life by altering their character. Prior to the year 2000, many jurisdictions had ordinances that allowed ofcers to simply issue Private Person Vehicle Sales – A Growing Problem Spring 2007 Volume 1, Number 1 CACEO news news California Association of Code Enforcement Ofcers parking citations to vehicles displaying “for sale” signs. But then came Edward Burkow. Burkow wanted to sell his car but wanted to spare the expense of running a classied newspaper adver- tisement. So Burkow placed a couple of “for sale” signs on his car and parked it on a city street, in violation of Los Angeles Municipal Code Section 80.75(a), which made it unlawful to advertise or sell a vehicle on public or private property other than that of a licensed vehicle dealer. Burkow received a $35 parking citation for violation of Section 80.75(a) and his subsequent administra- tive appeals of this citation failed. FEDERAL CIVIL RIGHTS LAWSUIT Burkow, represented by the ACLU, led a federal lawsuit to have his $35 parking citation over- turned (Burkow v. City of Los Angeles (2000) 119 F. Supp. 2d 1076). Ruling that Section 80.75(a) violated “citizen’s commercial speech rights,” the US District Court didn’t accept the LA City Attorney’s assertions that the ordinance promoted By Michael Katz continued on page 4 In this issue: Letter from the President p2 Executive Director’s p3 Report Santa Rosa Gets Tough p3 With Code Violations Legislative Corner p5 CACEO Briefs p5 Letter from the p6 Education Chair 2007 CACEO Annual p8 Seminar

Transcript of Spring 2007 Volume 1, Number 1 CACEO nnewsews · food, bootleg movies, counterfeit goods, and other...

Are your streets and vacant lots becoming defacto used car sales lots? It usually

starts with just a few cars parked with “for sale” signs displayed before it evolves into a carnival-like swap-meet atmosphere with underground businesses selling other items such as unchecked food, bootleg movies, counterfeit goods, and other products. These events are established semi-sponta-neously without any of the required governmental permits or approvals. Typically, there is no single person that a jurisdiction can investigate and pros-ecute who is responsible for organizing the event.

These activities are the source of numerous complaints from residents and businesses alike regarding the traffi c problems they create, unfair business practices, land use and development violations, noise, aesthetics, quality of life, as well complaints from disenfranchised customers them-selves. These activities diminish neighborhood quality of life by altering their character.

Prior to the year 2000, many jurisdictions had ordinances that allowed offi cers to simply issue

Private PersonVehicle Sales – A

Growing Problem

Spring 2007 Volume 1, Number 1

CACEO newsnewsCalifornia Association of Code Enforcement Offi cers

parking citations to vehicles displaying “for sale” signs. But then came Edward Burkow. Burkow wanted to sell his car but wanted to spare the expense of running a classifi ed newspaper adver-tisement. So Burkow placed a couple of “for sale” signs on his car and parked it on a city street, in violation of Los Angeles Municipal Code Section 80.75(a), which made it unlawful to advertise or sell a vehicle on public or private property other than that of a licensed vehicle dealer. Burkow received a $35 parking citation for violation of Section 80.75(a) and his subsequent administra-tive appeals of this citation failed.

FEDERAL CIVIL RIGHTS LAWSUITBurkow, represented by the ACLU, fi led a federal lawsuit to have his $35 parking citation over-turned (Burkow v. City of Los Angeles (2000) 119 F. Supp. 2d 1076). Ruling that Section 80.75(a) violated “citizen’s commercial speech rights,” the US District Court didn’t accept the LA City Attorney’s assertions that the ordinance promoted

By Michael Katz

continued on page 4

In this issue:Letter from the President p2

Executive Director’s p3Report

Santa Rosa Gets Tough p3With Code Violations

Legislative Corner p5

CACEO Briefs p5

Letter from the p6Education Chair

2007 CACEO Annual p8Seminar

It is with great pleasure, hope and determina-tion that I take on the role of the CACEO

president for 2007. I look forward to improving customer service in our organization and keeping CACEO on course for greater success. As an or-ganization, we have accomplished a great deal in the past year, but we have much more yet to do.

I want to thank Rhonda Knox for accepting the challenge to lead our organization in its fi rst year as one unifi ed group. Her leadership and dedica-tion were exemplary and have put us on a course for a successful future. I am privileged to work with a team of dedicated and active members who will help accomplish our goals. There are many new initiatives that will be launched in this term to move us closer to our goals. We will be concentrating primarily on three areas:• Improved customer service including newslet-

ter improvements, certifi cate delivery, and record keeping.

• Implementation of a code enforcement acad-emy in both northern and southern California.

• Better representation of the code enforcement profession in the State Capitol.

Customer Service ImprovementsWe have experienced some issues related to our growth and promptly handling requests from our membership. The Board has unanimously ap-proved new standards of conduct for offi cers and our management team. In addition, the Board has contracted with the fi rm Smith Moore & Associ-ates to provide executive consulting services. We will hold all service providers to higher contract standards and ensure they deliver the services your dues pay for. That means you will receive certifi cates and have your calls returned in a time-ly manner. We will also ensure timely publishing of our newsletter and improve its quality.

We will also ask our Board members to fully fulfi ll the duties they have volunteered for as leaders of this organization. We can always use more help. Please contact your regional representative and volunteer.

“It is easy to be brave from a safe distance” - Aesop

Code Enforcement AcademyThe success of the American River program in northern California has encouraged our Board to of-fer the same program in southern California through Rio Hondo College. We will continue to offer other training options such as our one-day continuing education courses statewide. Mike Reynolds, fi rst vice president and chair of the Education Commit-tee, will provide more details in the 2007 Education Update Letter on page 6.

Representation in the State CapitolWhile our primary purpose as CACEO is to be a non-profi t educational organization for code

enforcement, changing times have created new political and educational needs that a larger organization with a more comprehensive purpose must successfully address.

Based on the needs of all California code enforce-ment offi cers, it seems apparent that now is an appropriate time to explore a political action committee (PAC) fund for the largest code en-forcement organization representing the majority of California cities, counties and special districts.

The Board of Directors of CACEO has hired John Lovell as the lobbyist for the organization. Mr. Lovell represents several other public safety organizations including the California Police Chiefs Association and the California Peace Offi cers Association.

Creating a Higher Profi le for Code EnforcementWe also plan to work toward improving the profi le of code enforcement by marketing our profession. It is important that we make the public aware of the valuable public safety services per-formed by code enforcement professionals.

Another key factor in improving our profi le is by increasing our membership – we will consider new initiatives and new sources of membership and other creative ways to increase membership, such as reaching out to underserved areas of the state and major cities not currently participating in our programs.

Finally, I would like to thank all our members and supporters who have entrusted the CACEO Board with the responsibility for driving this organiza-tion forward in order to achieve our mission and realize our vision.

I encourage all of you to become more active in CACEO and to join this organization’s leadership to help make our vision a reality. I would like to leave you with a fi nal thought. As Marion Wright Edleman once said, “You really can change the world if you care enough.” Code enforcement offi cers change their communities every day because we care.

I look forward to serving as your president. Iencourage you to get involved and volunteer!

Sincerely,Gary HarrisCACEO President

Letter from CACEO President Gary Harris

I encourage all of you to become more active in CACEO and to join this organization’s leadership to help make our vision a reality.

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California Association of CodeEnforcement Offi cers1215 K Street, Ste 2290Sacramento, CA 95814Work Phone: 916/492-2223Fax Number: 916/231-2141www.caceo.us

EXECUTIVE BOARDPRESIDENT GARY HARRIS, City of Los Angeles1st VICE PRESIDENT MIKE REYNOLDS, City of Santa Rosa2nd VICE PRESIDENT DAVID BALL, City of Whittier TREASURER BILLY OWENS, City of Bakersfi eldSECRETARY RHONDA KNOX, City of Sparks

REGIONAL REPRESENTATIVESREGION 1 - Alpine, Amador, Butte, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Las-sen, Mendocino, Modoc, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Yolo & Yuba Counties

- PETE PICCARDO, City of Folsom- CHRIS WIGGINS, Municipal Compliance Consultants- TIM HIGARES, City of Alameda

REGION 2 - Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano & Sonoma Counties

- KIRK BUCKMAN, City of Belmont- PATRICIA MONTEJANO, Newark Police Department - CELESTE STORRS, City of Livermore

REGION 3 - Calaveras, Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, Mono, Stanislaus, Tulare & Tuolumne Counties

- DAVID PAQUETTE, City of Bakersfi eld- ROGER ANDERSON, City of Madera- ALYSIA GOMEZ, City of Riverbank

REGION 4 - Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz & Ventura Counties

- SILVIA ECHEVERRIA, City of Carpinteria - MIKE HINES, City of Thousand Oaks- DIRK VOSS, City of Oxnard

REGION 5 - Los Angeles County- DINORA EDWARDS, City of Pasadena - MIKE KATZ, City of Lancaster- JOE GARCIA, City of Petaluma

REGION 6 - Riverside & San Bernardino Counties- LINDA MEJIA, City of Murrieta- JUDY JONES, City of Corona- ANDY WINGERT, City of Ontario

REGION 7 - Orange County- KATHY RAPHAEL, City of Santa Ana- MATHEW COSYLION, City of Newport Beach- YVETTE AGUILAR, City of Santa Ana

REGION 8 - Imperial & San Diego Counties- MIKE EMERSON, City of Del Mar- STEPHEN JACOBSON, City of Escondido- SUSAN GIBBERSON, City of Chula Vista

STAFFExecutive Director - Catherine SmithAdministrative Director - Melissa SoriaIT Manager - Justin Lewis

Executive Director’s Report

Santa Rosa’s code enforcement division is no longer the city’s 97-pound weakling.

Seven years ago, it consisted of two code en-forcement offi cers facing a stack of more than 1,000 unresolved cases. Today, there are six enforcement offi cers. Work-ing with the political will of the city’s elected offi cials behind them, they are levying stiff fi nes for violations of building, health and safety codes. It has been three years since the council ordered the establishment of a formal adminis-trative hearing process that enables the city to

place liens on properties for health and safety code violations that cast a run-down pall over surrounding neighborhoods. The list of violations can include almost any-thing, from illegal additions, abandoned cars and trash-strewn yards to dangerous electrical wiring, discharges of raw sewage and buildings overrun with everything from rats to mold. “We have upped the ante,” said Councilwom-an Jane Bender, adding that the administrative hearing is a last-ditch tool to secure compli-ance from recalcitrant property owners. “We are very sensitive to property rights, but

we are an older city where there are pockets of problems,” she said. “Hopefully, property owners will now step up to the plate.” The push for tougher enforcement began in 1999 when the council put up $400,000 to permanently fund its Neighborhood Revital-ization Task Force. The task force, initially formed to address the troubled Apple Valley-Papago Court neigh-borhood, remains in existence. It is a multi-departmental effort to rid problem neighbor-hoods of dilapidated rental housing and reduce crime.

Santa Rosa Gets Tough With Code ViolationsBy Mike McCoy

Introducing Your NewManagement Team!

We are saying farewell to David Plag, who served CACEO very well over the last year as the organization’s executive director. The CACEO Board determined that the organization’s needs were too many for one

person to fi ll by himself, and so sent out a request for proposal. After an exhaustive search, I am excited to share with you the selection of Smith Moore & Associates as the new CACEO executive management team. All of us are very excited about working with CACEO and look forward to providing staff leadership and support to move the organi-zation forward under the direction of the CACEO Board of Directors.

I will be serving as the CACEO Executive Director, and bring over 25 years of experience in association management. In the past I have worked with numerous national, statewide and local associations and non-profi t organizations dedicated to high-quality member services. I received my BA in Communications from University of Toledo (Go Rockets!) and an MA in Communications from California State University, Sacramento. I achieved my Certifi ed Association Executive (CAE) designation in 2000 from the American Society of Association Executives. On a more personal note, I am thrilled with having the opportunity to serve the CACEO Board and membership as we move the organization to the next level of development. Joining me are the following professional staff members:

- Melissa Soria, Administrative Director- Todd Winslow, Graphic Designer- Jennifer Roth, Conference Planner- Justin Lewis, IT Manager

Please allow me to share a bit of background on each of your new staff.

Melissa Soria has worked with associations for the last nine years in the areas of governance, administrative and fi nancial management, as well as publications. She has a BA in English from California State University, Sacramento and has nearly completed her MA in non-profi t administration from Walden University. Melissa will be

assisting with member inquiries, recruitment and other member-ship-related duties. If you have any questions about the administra-tive functions of CACEO, please give her a call.

Todd Winslow is an award-winning graphic designer who has worked in communications with non-profi t and trade associations for close to a decade. He is an incredibly gifted artist who will bring to CACEO the ability to brand our organization and ensure contin-ued professional design to our publications and materials. Another member of the team who graduated from CSUS.

Jennifer Roth is an experienced meeting planner who has worked with associations for over a decade arranging conferences and edu-cational seminars from 25 attendees to thousands in her roles with the California Dental Association and the California Special Dis-tricts Association. Jennifer has effectively worked with sponsors and exhibitors to grow conferences throughout her career and will bring those skills to CACEO. Jennifer will be in attendance at the CACEO Annual Seminar, so please feel free to share your thoughts with her as we move forward. I can assure you that Jennifer will focus on high-quality professional development and workshop content while having the participants enjoy their attendance at the seminar.

Justin Lewis has joined Smith Moore & Associates as the IT Man-ager. Justin will be responsible for all database activities, as well as conference registrations and website maintenance for CACEO. Justin is an incredibly talented technology enthusiast who will not only be assisting CACEO with our new listserv, website and e-communica-tions, but is available if members experience a snag in accessing our information. If you have a problem, please call the offi ce – our telephone number hasn’t changed.

Our goal is to transition into your staff leadership as seamlessly as possible. If you experience any issues related to your membership, please call us and we will respond accordingly to your inquiry. Our hope is to build upon CACEO’s new foundation, and work in partner-ship with the Board of Directors and Lobbyist John Lovell to address the new challenges and opportunities faced by our membership.

Thank you for the opportunity to serve you and we look forward to a long and prosperous relationship with CACEO!

Catherine Smith

continued on page 7

fl ow of traffi c and ac-cess to businesses by discouraging parking “for sale” vehicles on busy streets, prevented blight, preserved safety by reducing distrac-tions likely to cause

traffi c accidents, and discouraged stolen vehicle traffi cking and unlicensed automobile dealers.

The Burkow court had diffi culty with the fact that the LA City Council didn’t make legislative fi ndings supporting the ordinance or showing that the ordinance furthered a “substantial governmental interest” such as safety and aesthetics or that it was suffi ciently tailored to address those problems. Ad-ditionally, the court seemed to suggest the ordinance might be more palatable if the City directed sellers to a specifi c location autho-rized for car sales.

The Burkow court then went on to criticize the ordinance because it didn’t prohibit signs on moving vehicles, which the court believed was more of a hazard than signs on parked vehicles. Apparently, the court didn’t con-sider that the Los Angeles ordinance didn’t prohibit signs on moving vehicles because of a state law preemption that already made it illegal for a sign to be placed within the driv-ers view under Vehicle Code Section 26708.

Finally, the Burkow court criticized LA’s argument that a sign on a parked vehicle could create a hazard by distracting passing motorists since the ordinance in question only prohibited “for sale” signs rather than all commercial signs.

WHAT DO WE DO NOW?Below are some ideas in no particular order that jurisdictions should consider employing to reduce the incidence of these nuisance activities.

“For sale” signs on parked vehicles a hazard?The Burkow court was partially right. Any sign regardless of its content can be a hazard and a blighting factor. Offi cers should inquire with their jurisdiction’s legal counsel about the possibility of expanding their existing sign regulations to include all signs on or attached to vehicles and determine if an enforcement option can include issuance of a parking ticket or vehicle removal.

Commercial activity regulationUnder Burkow, selling a vehicle, even your own, is a commercial activity. Jurisdictions

have the authority to regulate commercial ac-tivities such as restricting them to certain zon-ing districts and requiring a special permit. Many jurisdictions already require a permit for a person to conduct a yard sale or place a real estate sign within the public right-of-way. Offi cers should request that their jurisdic-tion’s legal counsel research whether the jurisdiction can regulate the time, place and manner of private person vehicle sales. As a condition of obtaining a permit, couldn’t a jurisdiction require a person proposing to sell a vehicle prove the vehicle is legitimately his or hers to sell? Couldn’t a permit condition authorize sales only at a particular location and between specifi ed hours? And couldn’t a violation of a permit condition be handled administratively with a parking citation?

An ordinance allowing a parking citation to be issued for failure to display a “personal vehicle sale permit” or “unpermitted com-mercial activity in a residential zone” may be a valuable tool.

Land use violationYou may be in luck if activities are being con-ducted on private property, such as a vacant lot. Your zoning ordinances might prohibit an absentee landowner from hosting such events once you have provided him or her with notice to take reasonable measures to control it. If your zoning ordinances do, you can encourage the property owner to take control of the situation rather using city resources to do so. Another option may be an ordinance that prohibits parking on private property without the owner’s consent. After obtaining a signed letter of agency (also referred to as a trespass arrest authorization or 602 letter) from the property owner, offi cers could issue parking citations to the offending vehicles. A drawback to this, however, is that problems might be pushed deeper into residential neighborhoods.

Targeted zero tolerance enforcementAnother option for consideration would be to inventory all of the problem areas and enforce all applicable laws, such as towing or citing vehicles with expired registration, cita-tion for license plates not displayed, enforce-ment of unpaved parking ordinances, and posting 72-hour removal notices on vehicles. After a thorough inventory of problem areas, a jurisdiction may choose to post time restric-tions or install parking meters, enact permit-required parking ordinances or simply paint entire lengths of curb red.

Enforcement on state highwaysCalifornia Streets and Highways Code Sec-tion 731 makes it a misdemeanor to park a vehicle on a state highway for the purpose of sale. Senate Bill 279 (Yee), if passed, would allow the “local law enforcement agency” to immediately remove these vehicles as nuisances.

UNSCRUPULOUS INDIVIDUALSIf you are having serious automobile sales problems within your jurisdiction, you should consider that these nuisance conditions may be a symptom of a bigger problem. Often, there are unfair business practices and scams disguised as “private person auto-sales” which offi cers should be aware of.

Off-site automobile sales by dealersTo increase their reach to potential custom-ers, a licensed vehicle dealer might display vehicles off of their property at street corners and other locations throughout the jurisdic-tion. Also, a dealer might want to more easily sell a ‘problem vehicle’ under the guise of a “private person sale” to evade compliance with regulations relating to sales and respon-sibility for future problems with that vehicle. The Vehicle Code prohibits dealers from displaying or selling vehicles at locations the DMV hasn’t authorized on the dealer’s license.

Flip that vehicleThe code enforcement profession is already very familiar with the practice of real estate fl ipping. Vehicle fl ipping, as I’ve termed it, is a similar practice where a person acquires a vehicle at below market value, usually at an auction, lien sale or salvage yard, makes some minor improvements, and re-sells it within a short period of time at a higher price for a profi t. Typically, the fl ipper won’t regis-ter the vehicle during the period they possess it. Only the registered owner or his or her blood relative, a licensed dealer, and a few other groups of people can offer a vehicle for sale (See Vehicle Code § 12120 et seq.). DMV investigates unlicensed dealers.

Laundering stolen vehiclesRather than go through all of the trouble of purchasing a car below market value at the impound yard, there is a much larger profi t to be made by simply stealing a car and reselling it. The thief might exchange the VIN plate with that of a clean VIN, sometimes acquired from a similar vehicle at a salvage yard, and sell the vehicle to an unsuspecting buyer. The unsus-pecting buyer is left to try to register the stolen car and the thief is nowhere to be found.

Vehicle Sales (continued from page 1)

4

Check out the new CACEO websiteIf you’ve checked the CACEO website lately, you may have noticed a fresh new look. Continued improve-ments and additions are being made to the website, so continue to check it regularly.

Among exciting website additions planned is a library that will offer generic forms that you can use for your code en-forcement cases. Also, incident forms will be available. If you have been assaulted, threatened, battered or placed in any position of jeopardy related to your job, the Board encourag-es you to submit these forms. These reports will be instrumen-tal in obtaining legislation that will give code enforcement offi cers the same protections already given to public safety employees. The website is regularly updated with current information, so check frequently at http://www.caceo.us.

CACEO offers exciting classes On May 17, Tactical Communication, Safety and Awareness will be offered in Ventura. This class will teach you the basic skills you need to have to verbally show others the correct path to enlightenment. The ideas presented will enable a code en-forcement offi cer to placate or redirect the behavior of hostile people, and diffuse potentially dangerous situations before they escalate to something fearsome. This class will also pre-pare the code enforcement offi cer for the mental and physical challenges involved in dealing with a hostile public.

Find out more about these classes and register online at the CACEO website: http://www.caceo.us. Also regularly check the website for more class offerings throughout the state.

CACEO to participate in CPOALegislative DayCACEO Board members will be attending the annual Cali-fornia Peace Offi cers’ Association (CPOA) Legislative Day in Sacramento. This is a chance for board members to meet with legislators regarding pending legislation the will impact code enforcement professionals. It’s also an important event for networking with members of major organizations including CPOA, California Police Chiefs Association and others in the public safety community.

San Jose gets weekend code enforcementSan Jose now has code enforcement offi cers on duty seven days a week - a response to residents’ complaints that illegal activity often happens on weekends when inspectors aren’t working. “Two offi cers work each weekend day without over-time pay to respond to such violations as illegal tree removals, construction or demolition projects, and auto repairs,” said Jamie Matthews, code enforcement administrator for the city.

CACEO Briefs

continued on page 7

Legislative CornerBy John Lovell

CACEO is off to a fl ying start in the 2007 Leg-islative Session. We have sponsored four bills and three of them have already been approved by the Assembly Committee on Public Safety.

Assembly Bill 506, by Assembly Member Ted Lieu, will amend Penal Code 243 to provide that it is a felony to com-mit battery causing injury against a Code Enforcement Offi cer. This bill not only unanimously passed out of the Assembly Committee on Public Safety, but the Committee Chair, Assembly Member Jose Solo-rio, made special note of the presence of Kathy Raphael, CACEO co-chair of Legislation, at the committee hearing and went out of his way to praise the important work done by Code Enforcement Offi cers.

Assembly Bill 780, by Assembly Member Jim Silva, amends the at-tempted murder laws to provide that attempted murder of an illegal dumping offi cer will be punished by life in prison. The fact that this bill got out of the committee was viewed as something of an upset by Sacramento insiders. CACEO President Gary Harris and Legis-lative Co-Chair Kathy Raphael did an outstanding job of making CACEO’s case before the Assembly Committee on Public Safety.

Assembly Bill 1048, by Assembly Member Laura Richardson, amends current law to assure that illegal dumping offi cers can obtain state summary criminal history information. Like AB 506, this bill got out unanimously.

All three of these bills now go to the Assembly Appropriations Com-mittee. We have already begun working with Assembly Appropria-tions staff in connection with these bills.

April 24 and April 25 are going to big days in Sacramento. CACEO is co-sponsoring the 14th Annual Law Enforcement Legislative Day. This is a major event that includes all of the signifi cant law enforce-ment organizations. CACEO President Gary Harris will be speaking at the event and will then be part of a delegation of law enforce-ment association presidents meeting with key legislative leaders.

SUMMARYThe District court made a mistake when it dismissed the LA City attorney’s arguments in support of the ordinance. Since invalidating such parking ordinances, the problems that the LA City attorney ar-gued the ordinance was designed to prevent have become diffi culties for cities across the state.

While it may have been initially dismissed as ‘just another parking ticket appeal,’ the fallout from the Burkow decision has been real-ized across the state. Ordinances that once made enforcement of a complex problem easy have been nullifi ed and cities are looking for alternative strategies without sacrifi cing the enforcement effi cacy that the pre-Burkow ordinances had provided. The solution will most likely result in a combination of careful analysis, calculated risk and a group of ordinance provisions that target problem symptoms.

Jurisdictions experiencing problems with “private person auto-sales” should develop relationships and partner with the DMV investigators assigned to their area. When information is shared between organiza-tions, the puzzle is usually much easier to put together.

It is with great pleasure that I submit to all members the sub-stance of both the education program and the certifi cation

program for CACEO in 2007 and beyond, as approved by the Board of Directors. Many hours of discussion and hard work have gone into the formulation of an education program that will refl ect the knowledge of the many disciplines required to fulfi ll the needs of the position of Code Enforcement Offi cer. It continues to be the desire of the Education Committee and the entire Board to create a program that will demand the respect and validity of this growing professional classifi cation in government.

Education ProgramThe successful academy program that has been offered at American River College in Sacramento for the last six years is now offered at Rio Hondo College in Whittier to accommodate the members’ needs by offering two centralized campuses for convenience and accessibility.

The academy has been expanded from the original two modules, Basic and Advanced, to include four core modules which consist of, Basic, Intermediate, Advanced and Supervisory. The Supervisory module will be offered as an elective course to enhance advance-ment opportunities to those who wish to develop in their careers. The Basic, Intermediate and Advanced will be required for certifi ca-tion as of January 2007. The Basic and Advanced are fi ve consecu-tive day courses; the Intermediate consists of fi ve non-consecutive one-day courses; and the Supervisory consists of three consecutive day courses offered at American River College with two differing dates this year, with the Intermediate module to be offered at Rio Hondo as scheduling allows in 2007. Please note: classes do not need to be taken in sequence.

The program is facilitated under the California junior college system, which provides the locations; teachers; accurate documen-tation of attendance; college credit for each participant; and last, but by far the most important, validity for CACEO training to add impetus to the ability of the CACEO Legislative Committee to gain recognition for our organization and profession in the pursuit of legislation to benefi t each and every member of our organization.

Furthermore, the junior college system provides the training, which will keep the costs down through the state subsidized program and enables all jurisdictions to provide to staff the much needed training while maintaining their allotted training budgets.

Continuing EducationOne-day courses will be offered with specialized subject material at a minimum of two classes each month at various locations across the state to afford convenient access to all members and the ability to easily maintain certifi cation requirements.

Certifi cationWhen CACE and SCACEO were unifi ed in January 2006 it was agreed upon that all members who had received certifi cation through any recognized California code enforcement association (SCACEO, CACE, CCEC, prior CACEO, etc.) would have that certifi -cation approved and maintained as valid.

Methods of Certifi cation, as of January 2007 Certifi cation through the Academies:Completion of each module of the training academy will enable members to obtain certifi cation from CACEO with written docu-mentation (a signed Certifi cate of Completion or college transcript) from the designated school; i.e.:

• CACEO Code Enforcement Offi cer I (with completion of Basic module)

• CACEO Code Enforcement Offi cer II (with completion of Basic and Intermediate module)

• CACEO Certifi ed Code Enforcement Offi cer (with completion of all three required modules)

Fee required for issuance of each certifi cation from CACEO will be sixty ($60.00) dollars per module.

NOTE: Certifi cation is a process that denotes a person has demon-strated a working knowledge of a specifi c subject at a point in time. As case law, new products and product installation requirements,

Letter from the Education Chair

6

Briefs (continued)

The inspectors also will be on hand to help police offi cers and fi refi ghters respond to emergencies. For example, inspec-tors can go out to a house fi re to assess whether part of the damaged home can be occupied. The need for inspectors on Saturdays and Sundays came to light in January, when three large sycamore trees were illegally removed in Willow Glen as residents watched helplessly after their calls to the code enforcement department were unanswered.

A pilot program that ended in December provided an inspec-tor on Saturdays with overtime pay. The inspector will now work weekend days as normal shifts. If no emergency calls come in, they work on regular caseloads. Matthews hopes this deters those who tended to wait until the weekends to break the law.

Reprinted from a March 10, 2007 article by Janice Rombeck, San Jose Mercury News

Newsletter submissions welcomedIf you have information, news articles or photos you’d like to share with your fellow code enforcement offi cers through the CACEO newsletter, please submit them to [email protected]. Please limit your submissions to 300 words. The newsletter editor reserves the right to edit all submissions as needed for length and content.

and codes change, the acquisition of certifi cation updates may be desirable and necessary.

Certifi cation Renewal (Update)Certifi cation renewal (or update) as a Certifi ed Code Enforcement Of-fi cer is required to be obtained every three years. (Code Enforcement Offi cer I and II certifi cations do not require renewal.) Renewal will be issued with a fee of one hundred twenty-fi ve ($125) dollars and the requirement of providing documentation of attendance at a minimum of twenty-four (24) hours of continuing education each year, starting with 2007. The fi rst date of renewal will be January 1st, 2010 for all who have and will be receiving certifi cations this year.

Certifi cation ExamCACEO will be offering experienced individuals that have worked in the construction industry and/or law enforcement industry the op-portunity to bypass the formal training requirement of the Academy modules by taking the certifi cation examination.

The certifi cation exam has been historically offered and will con-tinue to be available at the annual seminar. Additional exam sites will be offered as demand dictates. A minimum of 15 examinees are necessary to schedule a certifi cation exam. The certifi cation test is currently being revised and information regarding the subject mate-rial of the test will be available by the end of summer, if not sooner.

Prerequisites for receiving the certifi cation are as follows:1. Passing grade on the examination.2. Successful completion of a post certifi ed PC 832 course.3. Provide documentation of previous experience:

* To bypass the Basic module – minimum of two years requisite experience

* To bypass the Intermediate module – three to fi ve years’ experi-ence (subject to review by Education Committee)

The cost of the Certifi cation Examination is as follows:• All three required modules - $240.00• Intermediate & Advanced - $180.00• Advanced only - $120.00

The Board and the new association management company, Smith Moore & Associates, are in the process of rebuilding the member-ship databases and coordinating the issuance of certifi cations for all members that had obtained certifi cations with previous organizations.

If you had completed the required training for a certifi cation, and/or had previously requested a certifi cation, please compile and for-ward copies of all documents, including any payments for certifi ca-tion, to CACEO (1215 K Street, Suite 2290 Sacramento, CA 95814) at your earliest convenience. Please contact American River College or Rio Hondo College for copies of your transcripts if you attended those schools for the code enforcement training.

All submittals will be reviewed by members of the Education Com-mittee, either approved or declined (for lack of proper documenta-tion), and the certifi cations mailed to you as quickly as possible. This Board is committed to completing this task! I would kindly ask that you please be patient with this all volunteer Board as we dili-gently work through this demanding and time-consuming process.

Sincerely,Michael J. ReynoldsFirst Vice President and Education Chair

City Attorney Brien Farrell said the council’s decision to adopt the streamlined hearing process provided a speedier and less expen-sive alternative to taking cases to court. “When you go to court, the civil cases can get delayed forever due to the thousands of criminal cases, which take priority,” he said. Since April 2004, city offi cers have placed $328,000 in liens against 67 property owners who ignored repeated warnings. The disposition of some of those cases is pending. Mike Reynolds, a senior building inspector, said the 67 property owners could have faced combined penalties of more than $2 million, but most are paying nothing or a few hundred dollars because they have fi nally taken action. Of the $328,000 levied to date, almost $200,000 comes from six properties. “We do our absolute utmost to get voluntary compliance,” said Reynolds, who estimated 80 percent of the property owners fac-ing penalties “run out and take care of the problems” before they reach the hefty fi nancial stage.

Reprinted from a March 26, 2007 article in The Press Democrat

Santa Rosa (continued)

• Recruitment, Retention, Employee Relations, Labor Issues and MOUs

• Tribal Relations• Post Disaster Safety Assessment Program (certifi cated class)• Understanding and Mitigation of Asbestos, Mold, Lead

and Hantavirus• Legal Updates and Processes, Demolition and Receiver-

ship, and Rights of Entry

Attendees will also have the opportunity to conduct business with exhibitors throughout the two-day event.

Reservations for the Embassy Suites Mandalay Beach Resort will be accepted on a fi rst-come, fi rst-served basis with a room rate of $149.00 single and double occupancy. Reservations can be made by calling 1.800.EMBASSY or online at www.mandalaybeach.embassysuites.com. Be sure to mention you are with CACEO.

Watch your mail and our website, www.caceo.us, for registra-tion materials!

1215 K Street, Suite 2290Sacramento, CA 95814

CACEOCalifornia Association of Code Enforcement Offi cers

2007 CACEO Annual Seminar will be held at the Embassy Suites Mandalay Beach Resort in Oxnard, September 20 & 21, 2007.

CACEO Annual Seminar

The educational program is top-notch, featuring keynote speaker and author Anne Bruce. Anne’s books, such as Perfect Phrases for Documenting Employee Performance Problems, Building a High Morale Workplace, How to Motivate Every Employee, Leaders—Start to Finish: A Road Map for Develop-ing and Training Leaders At All Levels, and Motivating Em-ployees, have inspired thousands of people and have been translated into more than two dozen languages worldwide.

Anne’s keynote presentation, “The Positively Outrageous Con-nection Between Personal Motivation and Performance” and breakout session, “Supervisory Skills,” passionately demonstrate, with nuts-and-bolts transformation tools and techniques, the steps necessary to build on our signature strengths and to rely on the magnifi cent inner guidance system that is within us all.

Each hour of the educational program will be fi lled with useful and pertinent information such as:• Building and Housing Codes for Code Offi cers• Technology Today for the Code Offi ce and Everyday Use• Creation and Management of a Proactive Rental Enforce-

ment Program