Ione Municipal Code Ch. 9.20 Code Enforcement Officers: Safety Standards

Code enforcement's mission is to preserve and enhance the livability, health, safety, and general welfare of all residents, businesses, and visitors that are served within the City of Ione. The Ione Municipal Code refers and code enforcement officers as code enforcement officials.

(Res. No. 2022-19, § 2(Exh. A), 9-20-2022)

The purpose of this document is to develop safety standards appropriate for the code enforcement officers employed in the City of Ione (hereafter "safety standards") is to provide guidelines for:

(1) Safety concerns.

(2) Communication procedures.

(3) Incident reporting.

(4) Equipment, training, and continuing education.

(Res. No. 2022-19, § 2(Exh. A), 9-20-2022)

The goal of code enforcement is to achieve voluntary compliance by focusing on customer service. However, not all encounters have an equal degree of resolution and in rare occasions, officer safety concerns may arise. The intent of these safety standards is to allow the level of code enforcement that best fits the type and circumstances of the code violation(s), environment, and to maximize available resources.

California State Senate Bill No. 296 was approved by Governor Gavin Newsom after the California State Legislature found and declared that code enforcement officers are disproportionately at risk for threat, assault, injury, and even homicide due to the nature of their obligations. On October 07, 2021, Section 829.7 was added to the Penal Code, relating to code enforcement officers and required each local jurisdiction that employs code enforcement officers to develop safety standards appropriate for the code enforcement officers employed within their jurisdiction. Although there is no set standard for code enforcement officers locally, statewide, or nationally, each jurisdiction is required to develop safety standards to ensure that the best interest of the officers performing these types of duties are considered.

(Res. No. 2022-19, § 2(Exh. A), 9-20-2022)

Code enforcement officers are not sworn law-enforcement personnel nor have special authority to exercise powers granted to sworn law-enforcement personnel outlined in the California Penal Code. Code enforcement officers are not required to have specific training or certifications like their law enforcement counterparts. Non-sworn code enforcement officers without proper training, experience, or authority should use reasonable efforts to avoid situations where physical combat techniques may be required.

This written procedure is not intended to be used as a use of force policy or authorization to enforce regulations not intended for code enforcement personnel. Typically, code enforcement officers enforce local and adopted ordinances outlined in the jurisdiction's regulations. In all circumstances where an officer feels a sense of danger, they should immediately leave the area and notify a supervisor.

(Res. No. 2022-19, § 2(Exh. A), 9-20-2022)

A. Safety concerns.

Code enforcement officers face inherently dangerous and high risk below are listed duties and suggested courses of action:

It is strongly recommended that a case history be reviewed prior to visiting any property or place of business. The use of case history and documentation is vital to safety. Utilizing local law enforcement property history is highly recommended.

To maintain safety for all code enforcement officials, whether in the field or in the office, all code enforcement officials in Ione shall use the BASE Rule (Be Alert Scan for Warning Signs Evacuate), best practices include:

(1) Code enforcement officials should act with purpose. It establishes confidence, commands presence and can act as a deterrent to an attack.

(2) Code enforcement officials should eliminate distractions. Officials should not do anything that will preoccupy them from safely making observations and interacting with the public.

(3) During field interviews, code enforcement officials shall ensure that they:

• Are in a position of advantage or have an escape route readily available.

• Are alert for warning signs of aggression from both people and animals on the property.

• When contacting an individual, attempt to determine if there are other people or animals on the property. Ask for any hazards on the property such as failed septic systems, hazardous electrical, etc.

• Be alert for weapons. If an official observes what they think is a weapon, the preferred option shall be to end the conversation and leave the area safely and immediately.

(4) Code enforcement officials shall exhibit care when dealing with animals.

a. All animals encountered in the field shall be treated with caution. Watch for aggressive or threatening behavior and respond accordingly.

b. Have a responsible party secure any animals which may be hostile to a code enforcement officials during the inspection.

(5) Inspecting vacant buildings/structures.

a. Code enforcement officials shall not enter a non-residential building/structure that appears to be currently occupied. If a building or structure has indications of being occupied the code enforcement officials shall attempt to contact a responsible party to determine occupancy and safely contact any individual that may be inside the building/structure.

b. In addition to safety concerns, a sign of current occupancy will usually trigger the need to obtain consent or a warrant to continue the inspection.

c. Code enforcement officials should knock loudly and announce their presence when conducting inspections. Wait for a response and continue to look for signs of current occupancy.

d. If the code enforcement official is unable to contact a responsible party, law enforcement may be contacted to ensure that the inspection of the building/structure can be made safely.

Expectations.

(1) When in the field, code enforcement officials are expected to know their approximate location to be able to report it in the case of an emergency.

(2) Code enforcement officials are expected to strive to maintain a "professional face" when interacting with upset or angry individuals so that they can remain detached enough to safely observe the actions of the individual and assess any possible threats or hazardous situations.

(3) Code enforcement officials are expected to make note of suspicious activity or hazards for reporting to the appropriate agency.

(4) Code enforcement officials are never expected to knowingly put themselves into dangerous or harmful situations.

a. When a code enforcement official may face potentially dangerous or harmful situations, staff shall consult with a supervisor to address the hazards. Such measures to address the hazards could include taking a second official or contacting Ione police department, or performing the inspection only after law enforcement has mitigated the hazard.

b. If a code enforcement official observes a hazard which constitutes an immediate threat to life or property, the code enforcement official shall immediately take steps to ensure their safety and make the necessary notification to 911 and/or other first responders. Immediately after this notification, the code enforcement official shall contact their supervisor or designee when it is safe to do so.

(5) The most important thing to do if the area does not appear to be safe is to act by leaving the area. The best response for a code enforcement official when confronted with a direct threat is to safely and immediately leave.

Threats, Assaults and Batteries.

All threats, assaults and batteries directed at code enforcement officials are serious and shall be reported to supervision, management, and/or law enforcement, immediately (as soon as it is safe). Code enforcement officials should obtain as much information as safely possible about the subject making the threat, assault or battery, including their intent, ability and desire to carry out their actions, and include this information in the report to law enforcement and their immediate supervisor(s).

Avoiding Conflict.

The use of body language, choice of words, and tone should all be employed to de-escalate a potentially hostile situation. Use these techniques if it is safe to do so to try and complete an assignment. Conflict resolution training may be available and recommended for all code enforcement officials.

If de-escalation is not effective, code enforcement officials should end the communication and leave the area. This applies to both hostile subjects and hostile animals.

Use of Force.

In the rare case of immediate and direct threat to life, code enforcement officials may use the minimum reasonable amount of force necessary to mitigate the threat and allow for evacuation or escape from the area. The preferred method is to leave the area. If a code enforcement official needs to use force for self-defense (i.e., either physically or by visually displaying pepper spray or other equipment), then such action shall be reported immediately (as soon as it is safe) to law enforcement and their immediate supervisor.

The exercise of good judgment at all times when force is necessary. Each situation explicitly requires the use of force to be reasonable and only that force which reasonably appears to be necessary may be used to mitigate a direct threat. Mere verbal threats of violence, verbal abuse, or hesitancy by the person in following commands do not, in and of themselves, justify the use of physical force without additional facts or circumstances which, taken together, pose a threat of harm to the code enforcement official or others. Code enforcement officials must be prudent when applying any type of use of force.

Unreasonable application of force on a person is a violation of California and federal law, which may result in the criminal prosecution of the code enforcement official and/or civil liability for the code enforcement official.

Unreasonable application of physical force on an animal is a violation of California Humane Law (California Penal Code 597), which may result in criminal prosecution and/or civil liability of the code enforcement official.

Code enforcement officials should clearly understand that the standard for determining whether the force applied was reasonable is that conduct which a reasonable code enforcement official would exercise based upon the information the code enforcement official had when the conduct occurred.

The decision to use physical force places a tremendous responsibility on the code enforcement official. There is no one capable of advising the code enforcement official on how to react in every situation that may occur. Ideally, all situations should require only verbalization. Code enforcement officials must be able to escalate or de-escalate the response that reasonably appears to be necessary to control a situation.

B. Reporting. Code enforcement officials are required to immediately report all official/staff safety issues to a supervisor. This includes the mere display of officer safety equipment or pepper spray. After a verbal notification of an officer/staff safety issue, the supervisor shall require code enforcement official to submit a written report of the situation to human resources.

C. Communication. The goal of Ione code enforcement is always to educate the public first by using a respectful attitude, proper tone, and effective communication. While there are attacks on code enforcement officers that have occurred; preventative measures and awareness are key to avoiding the probability of escalation or a confrontation with members of the public. While the need for safety is essential, code enforcement officials shall utilize de-escalation techniques, crisis intervention tactics, and other alternatives when it is safe and feasible to do so. Code enforcement officials should obtain training and guidance on when and how to use communication, de-escalation, and crisis intervention strategies to defuse and resolve encounters.

Code enforcement officials are encouraged to consider the following:

(1) Communication should be the first option, if the situation safely allows the time and distance for communication to occur. Officials should maintain communication throughout any encounter under such circumstances.

(2) How to approach, greet, engage, adapt, repair, and close the event in an effective manner;

(3) Tactical methods not limited to time, distance, cover, and concealment;

(4) The impact of volume, tone, pace, and demeanor on communication;

(5) Giving respect and dignity;

(6) Active listening;

(7) Ability to give and receive constructive feedback;

(8) Mindful attention;

(9) Providing a voice to others and the value of allowing people to "vent";

(10) Non-verbal communication and behavioral cues;

(11) Questioning strategies: open vs closed-ended;

(12) Persuasion strategies: rational, personal, or ethical appeals;

(13) Dealing with difficult or dominating people;

(14) Inappropriate communication;

(15) Wait Strategy: "Why Am I Talking?"

(16) Officers should consider whether an individual's non-compliance may be due to a medical condition, mental impairment, substance interaction, developmental or physical disabilities, or other considerations that may be beyond the individual's control. If safe and feasible, officers should use de-escalation techniques, or alternative resources (such as calling in additional trained personnel)

Additional Considerations.

Ione code enforcement officials like all code enforcement officers are ordinary citizens with lives, homes and families. In the 21st century the availability of information makes it relatively easy for bad actors to plan an attack or commit other unlawful acts against a code enforcement official or their family. While code enforcement officers are not specifically listed in VC 1808.4, some code enforcement officers can be considered as qualifying for confidentiality under the specified conditions of VC 1808.4. The most common of these is VC 1808.4(a)(19) "An active or retired CITY enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances" (emphasis added). Ione's code enforcement officials routinely deal with the enforcement of Municipal Code Parking Ordinances that regulate lawn cars, vehicle advertising, inoperable vehicles, oversized commercial vehicles and recreational vehicles and trailers on a regular basis. To maintaining safety for all Ione code enforcement officials in Ione and code enforcement official engaging in the enforcement of vehicles can request on their department's letterhead and signed by a city supervisor authorized to/capable of verifying employment and qualification, for DMV confidentiality pursuant to VC 1808.4, along with INV 32 forms, request for confidentiality of home address, from the department of motor vehicles, investigation division, confidential records unit, P.O. Box 825389 M/S N227, Sacramento, CA 94232-3890. The letter making the request shall state the VC 1808.4 subsection/reasons under which the employees qualify for confidentiality and the number of forms requested (one per employee). Then simply fill out the INV 32 forms and return them to the DMV.

Suggested Equipment:

Suggested Training:

(Res. No. 2022-19, § 2(Exh. A), 9-20-2022)