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Code enforcement sets new rules for violations and fines after audit finds city not in compliance

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An internal audit earlier this year revealed several compliance problems within the city’s code enforcement department. Reno City Council members on Wednesday heard an update on the resolution of the problems, which included code enforcement officers and staff making case-by-case decisions on when-–and when not-–to apply fines and fees for code violations. 

The city manager’s office ordered the audit of the metrics and reporting documentation of the Code Enforcement Department. From that audit, fourteen findings were made and reported in February. 

A “finding” is noted when there is noncompliance with documented policies or best practices is found. Findings were categorized into five sections: equitable, consistent procedures, lack of internal controls, process errors, transparency improvements and best practices.

Since the findings were discovered, several recommendations have been made and implemented, and all findings have now been closed, according to Internal Auditor Emily Kidd.

Findings determined by the audit ranged from an inconsistent application and adjustment of fees and fines to improvements needed for invoice management and reporting. 

The vast majority of findings dealt with fees, while the rest focused on developing best policies and management practices. 

Auditors found the department needed standards for how fees and fines were applied. For example, there were no identified criteria for when a code violation should result in a fine, which meant that individual code enforcement officers were making those decisions. 

There were also tens of thousands of dollars’ worth of fees and fines that were adjusted, voided, or reduced, leading to an outstanding balance of almost $100,000. 

It was also determined that a single employee could open a code enforcement case, apply fees and fines, adjust those fees and penalties and close out records in the system without any supervisory review or oversight. 

At the heart of the issue, individual employees were able to determine fines on a case-by-case basis, with no standard criteria or practices in place, which could lead to problems in how residents or entities are fined (or not fined) for the same violations. 

Since the audit, Kidd said all issues have been resolved through policy and IT management updates, a new reporting process and more

Kidd and Alex Woodley, director of parking and code enforcement, presented the updates that had taken place to council members. 

The major overhaul, Woodley said, was in philosophy changes. Years ago, when a citizen would call complaining of a violation, they didn’t want a follow-up or for it to be known they’d called to report an issue. 

“Times have changed,” Woodley said. “Now [that] citizens are very involved, they want that follow-up. They want [to know a case’s] status.” 

To adhere to these changes in the community, the department has adjusted how they close out a case so that information can be provided quickly when a follow-up call is made. The code enforcement manual is now available digitally, among other changes. 

“One of the biggest changes we made was in regards to waiving citations or providing extensions,” Woodley said. “We wanted to make a bold statement to ensure there was no misunderstanding. First and foremost, we created a policy that does not allow any code enforcement officers to waive fines and fees.” 

Woodley said it is still possible to seek fines or fee waivers or reductions, but they must be completed through a third-party review. 

Code enforcement officers have also been directed to tackle cases more proactively. For example, if they are called to a property with a code violation, they can now address similar violations at nearby properties without a specific complaint on file. 

Woodley said rectifying the issues at code enforcement was a team effort involving multiple departments, including the city manager’s office, IT, the district attorney’s office and others. 

Reno City Council member Kathleen Taylor.
Reno City Council member Kathleen Taylor.

“As much as I’d like to stand here and brag about everything we’ve done to come into compliance with the audit, I have to acknowledge the assistance of all the other departments that helped us to be successful today,” Woodley said. 

Council member Kathleen Taylor commended the work of all departments involved. 

“This was a tremendous effort and a great example of how we should work,” Taylor said. “There was a challenge, we saw some issues, they were identified and brought to us … you all came together to make things better. A lot of work went into this. I think it’s a testament to the leadership that’s in this organization. When we have opportunities to improve, this is the model.” 

In other items: 

  • Council members voted unanimously to authorize the city manager to designate one or more employees to be responsible for developing a Language Access Plan for the city. Following the approval, staff will bring a future agenda item to report on the progress of the proposed plan for public comment. 
  • Note-able Music Therapy Services requested a zoning map amendment to create a Specific Plan District on a three-acre site on the south side of Orovada Street east of Silverada Boulevard. The zoning for the site was changed previously on behalf of a school to Public Facilities. Under PF zoning, Note-able can’t use their commercial kitchen, which they said they would like to rent out. Specific Plan District zoning is more compatible with the surrounding area and conforms to the Master Plan, they said. Ward 3 Council member Miguel Martinez said he toured the facility and noted the numerous upgrades being undertaken. However, they will not be able to fully use the upgrades without the zoning change. Council members voted for the amendment. 
  • Council approved a request by the Reno Police Department to apply for a new grant-funded emergency response vehicle to replace a 20-year-old vehicle in their fleet. The BearCat off-road armored vehicle can operate in flood conditions and traverse unpaved or uneven ground. If the U.S. Department of Justice approves funds, the vehicle can be used for disaster emergencies, active shooter scenarios, hostage situations, search and rescue operations, and more. The funding for the BearCat comes directly from the federal government with no city match. 
  • Council accepted a $2,500 grant from the USA Hockey Pacific District to provide sled hockey programming at Reno Ice as part of the city’s move toward providing year-round accessible recreation. Through a collaboration with Reno Ice and USA Hockey, the city hosted multiple “Give Hockey a Try” sled hockey clinics at Reno Ice, bringing in 15 players with disabilities each week. 
Kelsey Penrose
Kelsey Penrose
Kelsey Penrose is a proud Native Nevadan whose work in journalism and publishing can be found throughout the Sierra region. She received degrees in English Literature and Anthropology from Arizona State University and is currently pursuing a Masters in Creative Writing with the University of Nevada, Reno at Lake Tahoe. She is an avid supporter of high desert agriculture and rescue dogs.

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