Code enforcement exists in cities to help accomplish community goals. In Fremont, goals include protecting the quality of life for community members and protecting property values and the environment. This is accomplished through the enforcement of the Fremont Municipal Code sections related to building, zoning, housing, and property maintenance.

The City's Code Enforcement team deals with a variety of issues, including but not limited to:

• Visible garbage and trash
• Graffiti on private property
• Overgrown weeds and vegetation
• Junk and other debris visible from a public street
• Vehicles parked on lawns or undeveloped areas
• Unsightly buildings in need of repair
• Fences and structures in violation of Fremont’s code
• Construction activity without building permits
• Businesses which disrupt neighboring properties
• Substandard housing conditions

Residents, businesses, elected officials, and other local agencies frequently report issues to Code Enforcement. Due to the high volume of issues being reported, proactive enforcement by the team is primarily focused on life safety issues. When an issue is reported and confirmed to be a code violation, staff prioritizes their response based on the issue and begins to work with the responsible person to remedy the violation. Generally, the responsible person is the property owner, but that person can also be the tenant, lessee, or occupant depending on the violation.

Just like with traditional law enforcement, there are administrative procedures that must be followed to verify the violation, communicate with the responsible person, and determine the possible remedies. Code Enforcement must follow due process, as there are laws for searching a property and issuing warnings, notices, and fines. The goal is to select the most appropriate remedy for timely and effective compliance based on the circumstances of the violation. Usually, Code Enforcement gives a specified date for compliance. If the issue remains unresolved, staff can escalate the issue. In most cases, compliance is achieved after issuing the first notice.

If compliance is not achieved, judicial remedies may be necessary. These remedies may involve constitutionally protected privacy and property interests. The use of these remedies is not taken lightly and is reserved for violations that impact public health and safety and involve an uncooperative responsible person. Code Enforcement must demonstrate that staff made every reasonable effort to work with the responsible person but was unsuccessful.

Ultimately, the goal is timely and voluntary compliance for code violations; however, the timeline for compliance is largely dependent on the degree of cooperation from the responsible person. The enforcement process is required to navigate due process and constitutionally protected rights, which can result in an extended timeline. Nevertheless, Code Enforcement strives to select an appropriate remedy for each code violation that achieves the swiftest possible resolution. An illustration of the City’s code enforcement timeline is available here.