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Code Enforcement

General Information

The Tracy Police Department’s Code Enforcement Unit’s primary goal is to gain voluntary compliance with violations of state and local laws. The unit works to preserve neighborhood integrity, maintain safe living conditions, improve the physical, social, and economic health of the community, and protect the environment through responsive enforcement. Abatement measures are navigated through coordinated and cooperative steps with administrative penalties addressed upon those who fail to comply with municipal and state laws.

The following issues are addressed by the unit:

  • Abandoned Shopping Carts
  • Building Code Violations
  • Dangerous Structures
  • Fence Lines
  • Garbage and Debris Accumulation
  • Graffiti on Private Property
  • Housing Laws
  • Illegal Dumping
  • Illegal Home Occupations
  • Illegal Signage
  • Inoperative Vehicles on Private Property
  • Swimming Pools
  • Vehicles Parked on Unpaved Surfaces
  • Zoning Requirements for Structures and Land

How to Report or Resolve a Suspected Violation

You may contact the property owner directly and request a resolution to the problem, or you may report violations to us by calling (209) 831-6410 or by submitting a request online through the City of Tracy’s Government Outreach System.

To best serve you as the reporting party, we prefer that your contact information be provided in case we need additional information from you. All reporting party information remains confidential.

If you are reporting an abandoned vehicle, please call the Vehicle Abatement Hotline at (209)831-6554.

The following information must be included to investigate a complaint:

 

  • A detailed description of the alleged violation.
  • The address of the violation, including the nearest cross-street and any other pertinent information which may be helpful.
  • Your contact information (not required, but helpful).

Did You Receive a Notice?

The first notice you receive will be a Violation Notice. This notice is mailed to the property owner, and a copy is left at the violating property at the time of inspection after confirming that a violation exists. Once you’ve received a notice, you must contact the Code Enforcement Unit as soon as possible at (209) 831-6410. We will be happy to discuss the information outlined in your notice and provide any and all options available to you.

The notice provides a timeframe under which a property owner is responsible for complying with the violations discovered on the property. Once this time has lapsed and the violations continue to exist, more formal enforcement action will begin, including but not limited to administrative and/or judicial penalties.

Our first priority is to bring violations into compliance through voluntary measures whenever possible.

The Process

It is likely the city has opened a case, and discussions have begun with the property owner to resolve the violation. Typically, the city will notify the property owner of the violations found on the property once the complaint has been confirmed. We usually request that the property owner responds to us indicating they will resolve the violation in an acceptable time frame, that the violation has been resolved, or that the property was not in violation.

Our goal is to achieve voluntary compliance; however, if the property owner fails to comply with the city’s order, we begin a more formal legal process which may take an extended period of time to resolve fully.

Common Code Enforcement Issues

Please review the most common code enforcement-related issues we encounter.

Buildings

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Requirements Regarding Vacant and/or Abandoned Buildings

The City of Tracy is actively involved in addressing nuisances associated with vacant and/or unsecured buildings. Abandoned buildings are often neglected and result in neighborhood blight. The City of Tracy’s Boarding of Unsecured Buildings Ordinance was adopted to increase the responsibility of property owners for maintaining the building and for taking measures to deter criminal activity. In addition, Code Enforcement inspections identify violations associated with the vacant property, which includes garbage, debris, fire hazards, unsecured openings, abandoned vehicles, and other code violations.

For information about your rights and suggestions on ways to resolve housing complaints between tenants and landlords, please contact the State of California Department of Consumer Affairs at 800-952-5210. Additional assistance is also available through the San Joaquin Fair Housing Office at 209-451-3471.

How the City Identifies a Vacant or Abandoned Building
Buildings are identified by citizen complaints to Code Enforcement or by city officials.

When a building is reported, a case is created, and a Code Enforcement Officer is assigned to inspect the property to ensure it is secure and free of code violations, such as garbage, debris, fire hazards, abandoned vehicles, and dead vegetation. If violations are discovered, the City initiates code action to encourage the property owner to comply with the abatement of the violations within a specified timeframe.

Process for Reporting a Vacant or Abandoned Building
Vacant or abandoned buildings can be reported to the City of Tracy Code Enforcement Division at 209-831-6410, reported online at Government Outreach or via email at Code.Enforcement@TracyPD.com.
Fees/Penalties for Not Maintaining a Vacant Building
A vacant building is subject to administrative or judicial penalties if the property is not maintained or secured as required by the Tracy Municipal Code.
Laws Against Occupying an Abandoned Building

Occupying an abandoned or vacant building you do not own or rent is considered trespassing.

Report Crime/Squatters in Abandoned Buildings
To report individuals trespassing in a vacant building, please contact the Tracy Police Department’s non-emergency number at 209-831-6550.

Public Nuisance

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What to Do if You Come Across an Abandoned Shopping Cart

If you’ve identified an empty, abandoned shopping cart located on public property, you may file a report with the Public Works Department for retrieval. Reports can be submitted via Government Outreach, by email at PublicWorks@cityoftracy.org, or by calling the Public Works Department at 209-831-6300.

If the abandoned shopping cart is located on private property or contains items that resemble personal belongings, you may file a report with Code Enforcement to investigate the abandoned shopping cart. Abandoned shopping carts that contain items of value may require posting to allow said items to be claimed prior to disposal.

How to Report Public Property Graffiti
Complaints of graffiti located on public property in the City of Tracy are referred to the Public Works Department for removal. You can submit a complaint via the Government Outreach System, by email at PublicWorks@cityoftracy.org, or by calling the Public Works Department at 209-831-6300.
How to Report Private Property Graffiti
Code Enforcement addresses graffiti located on private property that is visible to the public view.

Pursuant to Tracy Municipal Code Section 3.48.080, private property owners are required, at their expense, to remove or paint over graffiti that is in public view within ten (10) calendar days after receipt of City notification.

Should the property owner fail to comply with this requirement, City employees, or private contractors employed by the City, will enter upon the affected private property to abate the nuisance by removing or painting over the graffiti. This city-initiated abatement will activate proceedings to place an assessment on the property, with costs recoverable in accordance with the provisions of the Tracy Municipal Code.

All persons objecting to, or interest in, said matter are provided the right to appeal to the City Manager pursuant to section 1.12.020 of the Tracy Municipal Code within forty-eight (48) hours from receipt of the City’s notice. At the conclusion of the ten (10) day noticing period, the City may proceed with the abatement of the graffiti inscribed on the property. The decision of the City Manager is appealable under section 1.12.020 of the Tracy Municipal Code.

To report graffiti located on private property, you may submit a request to Code Enforcement via Government Outreach, through email at Code.Enforcement@TracyPD.com, or by calling the Code Enforcement Hotline at 209-831-6410.

Residential Related Sections

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What to Do if You Receive a Letter Regarding Your Property

The first notice you receive will be a Violation Notice. This notice is mailed to the property owner, and a copy is also left at the violating property at the time of inspection after confirming that a violation exists. Once you’ve received a Violation Notice, it is important that you contact the Code Enforcement Division as soon as possible at 209-831-6410. We will be happy to discuss the information outlined in your Violation Notice and provide any and all options available to you.

The Violation Notice provides a timeframe under which a property owner is responsible for complying with the violations discovered on the property. Once this time has lapsed and the violations continue to exist, more formal enforcement action will begin, including but not limited to administrative and/or judicial penalties.

Our first priority is to bring violations into compliance through voluntary measures whenever possible.

Fence Lines Disputes and Replacements

Complaints pertaining to landscaping that overhangs beyond property lines are civil matters to be disputed amongst parties of the shared property line. Code Enforcement does not intervene in civil matters unless there is an imminent danger to the public.

Replacement or repair costs of a shared fence is a civil matter and not enforced by the City of Tracy. However, if, in addition, a swimming pool exists at a residence, the property owner of the said residence must ensure the swimming pool is properly secured. If no barriers have been installed directly around the perimeter of the swimming pool, it is the property owner’s responsibility to ensure no portions of the surrounding fence remain unsecured.

Business Operating Out of a Residential Property

The following guidelines have been set in accordance with Article 36 of the Tracy Municipal Code:

  • No person shall conduct a home occupation without first obtaining a home occupation permit. Once a permit has been obtained, the home occupation shall adhere to the regulations set forth in TMC section 10.08.4600.
  • Tracy Municipal Code (TMC) section 10.08.4610,
    “The following uses and those with similar characteristics, are prohibited as home occupations: photography studio, beauty parlor, barber shop, pet grooming, appliance or vehicle repair shops, animal hospital, medical practitioner, clinic, music school, dancing school, business school, any other school with organized classes, except for individual instruction.”

To report a possible illegal home occupation or for information, you may contact Code Enforcement at (209)831-6410 or submit a request via the Government Outreach page.

Requirements for Swimming Pool and Spa Fencing

The requirements for pool fencing in California have changed dramatically over the last few years in response to an increased need for additional safety. These regulations continue to be updated to help reduce the number of drownings. Knowing the pool fence regulations before you start designing will not only improve safety, but it will also create a more functional and visually appealing outdoor space.

In California, pools or spas built or remodeled after January 1, 2018, must now have a second safety feature in order to comply with state regulations. One of the first things homeowners tend to think about when visualizing a pool is the size and the location. However, a swimming pool is never complete without a pool fence, and while they are sometimes deemed an eyesore, they are necessary to comply with current safety regulations.

If you have an existing pool or are installing a new one, owners will need to install at least two of these safety features to be compliant:

    1. A fence that is over 60 inches and surrounds the pool or spa and isolates it from the house. It must be fitted with a gate that opens out, away from the pool, with a latch fitted 60 inches off the ground. Gaps in the fence must not allow a 4-inch diameter sphere to penetrate, and no handholds or objects such as pots that would allow a child to climb over the fence are permitted.
    2. An approved pool cover or self-locking spa cover designed for safety.
    3. A removable mesh fence that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards and features a self-closing and self-latching gate. The gate also requires a key-lockable device.
    4. Exit alarms fitted on any doors that have direct access to the pool or spa.
    5. Any doors that provide direct access to the pool or spa must be self-closing and feature a self-latching device that is fitted over 54 inches high.
    6. An alarm that fits in the pool that detects when a person enters the pool. This does not include alarms worn by the child and must comply with the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms.”
    7. Another approved safety device that exceeds California’s previous pool fencing regulations.

More information regarding Pool, Spa, Hot Tub Enclosure, and Safety Devices

General Owner Pool Safety

While the current pool regulations are designed to prevent drownings by providing a safe environment for all swimmers, there are still risks around any body of water, regardless of the pool fence. The following guidelines are designed to help pool owners ensure there is safe use of their swimming pool and spa at all times.

  • Ensure your pool fencing is compliant with state and local laws.
  • Always remember, a pool fence is not a substitute for adult supervision.
  • Do not leave children unsupervised around swimming pools, spas, or ponds, regardless of their swimming ability.
  • Take your child to swimming lessons.
  • Consider taking a CPR course so you can assist in an emergency.
  • Display resuscitation instructions near your pool, such as on your pool fence.
  • Place a ‘no diving’ sign if your pool is too shallow for diving.
  • Avoid leaving furniture and other climbable items near your pool.
  • Avoid drinking alcohol around water and while supervising children.
Tenant/Landlord Disputes
The City does not referee tenant-landlord disputes; these disputes are best resolved between the tenant and property owner. A general rule for maintenance of rented properties, as presented by the State of California Department of Consumer Affairs, is: “When a landlord rents an apartment or a house to a tenant (renter), the rented property must be fit to live in. In other words, the rented property must be ‘habitable.’ During the time that the property is being rented, the landlord must do maintenance work and make repairs that are necessary to keep it habitable. However, the landlord is not responsible to the tenant for repairing damage caused by the tenant, or the tenant’s guest, children or pets.”

For information about your rights and suggestions on ways to resolve housing complaints between tenants and landlords, please contact the State of California Department of Consumer Affairs at 800-952-5210. Additional assistance is also available through the San Joaquin Fair Housing Office at 209-451-3471.

Vegetation

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Weeds That Create a Fire Hazard
Complaints received by the Code Enforcement Division regarding weeds are referred to the Tracy Fire Department for investigation. For faster resolution, it is suggested that you submit these complaints to the Tracy Fire Department directly by calling 209-831-6700 or by email at fire.dept@sjcfire.org.

If the weeds are not a fire hazard and they are more of a maintenance problem, the complaint may be submitted to the Code Enforcement Unit for review. Complaints may be submitted online through the Government Outreach System or by email at Code.Enforcement@TracyPD.com.

Have Overgrown Vegetation Cleared From the Sidewalk or Street
Overgrown vegetation or landscaping shall not obstruct the public right of way. Complaints may be submitted online through the Government Outreach System, by email at Code.Enforcement@TracyPD.com, or by calling the Code Enforcement Hotline at 209-831-6410.

Vehicle and Parking Related Sections

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Report Inoperative Vehicles Located on Public Property

Reports of abandoned or inoperative vehicles located on the street may be filed through the Vehicle Abatement Hotline at 209-831-6554.

Report Inoperative Vehicles Located on Private Property

Code Enforcement will address reports of inoperative vehicles located on private property, e.g., the driveway. Once reports are received, they will be entered as cases into our Code Enforcement database for follow-up action. You may submit complaints via the Government Outreach Page or by calling the Code Enforcement Hotline at 209-831-6410.

Parking on an Unpaved Surface
Per Tracy Municipal Code (TMC) section 10.08.3530 (a): “It shall be unlawful to park on any unpaved surface. Every parking area used or intended to be used as a public or private parking area shall be paved with a surfacing material in compliance with City of Tracy Standards.”

You may report vehicles parked on an unpaved surface to Code Enforcement via Government Outreach, through email at Code.Enforcement@TracyPD.com or by calling the Code Enforcement Hotline at 209-831-6410.

Have Questions?

If you have questions or need to speak with someone regarding an issue you’re having related to this page, please send us a message, or call (209) 831-6550.