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HomeMy WebLinkAboutItem 2d: Maternity Homes Regulations.ralm � DATE TO: FROM: STAFF REPORT Development Services Department March 19, 2013 Honorable Mayor and City Council Jason Kruckeberg, Assistant City Manager /Development Services Director SUBJECT: REPORT AND DISCUSSION ON CITYWIDE EFFORTS RELATED TO REGULATION OF MATERNITY HOMES AND FACILITIES Recommendation: Provide Information SUMMARY AND BACKGROUND Recently, the establishment of Maternity Homes and other maternity - related facilities has become a significant issue throughout the San Gabriel Valley. Also referred to as "birth tourism ", these facilities are typically run similar to a boarding house; a series of rooms in a residential home, apartment unit, or hotel that are rented for pregnant women as a place to stay prior to and shortly after giving birth. All indications suggest that these women typically enter the United States on a tourist visa, and return to their home country shortly after their child is born. Over the past year, there has been a significant increase in allegations and reports of these facilities in Arcadia. As a result, the City established a Boarding House Task Force (BHTF) in October 2012 and has been actively researching, investigating, and inspecting alleged locations in the City. The BHTF is made up of members of the Development Services Department, Building and Safety Division, Police Department, and Fire Department. The group includes interpreters as necessary. The practice of entering the country as a tourist and having a child is not illegal and there are currently no Federal or State laws that govern this practice. Local jurisdictions such as Arcadia are left to regulate these types of uses through zoning laws and building and safety laws. In residential areas of Arcadia, the BHTF is evaluating whether these facilities are being run as boarding houses, which is not allowed under the Zoning Code. In addition, the Task Force is inspecting for any illegal building, plumbing, or electrical work, or any other building and safety violations. If violations to the Municipal Code are discovered, notices and /or citations are issued. If it is determined that an illegal business or boarding house is being operated, the owner and operator are directed to stop the use. A number of such facilities in residential areas have been shut down by the Task Force following inspections. Hotels used as maternity facilities are Maternity Homes and Facilities March 19, 2013 Page 2 of 2 more difficult to regulate, as it is not illegal for hotel operators to rent rooms to pregnant women. However, there are still issues related to public health that must be regulated at these facilities. To ensure a comprehensive approach to this matter, the BHTF is also coordinating with representatives from agencies such as the State Franchise Tax Board on potential tax evasion issues, the Los Angeles County Health Department on health and sanitation impacts, and the State Employment Development Department regarding the potential of illegal hiring practices. The City will cooperate with any regional or inter - jurisdictional efforts to investigate this issue. Along these lines, the City is currently exploring options on contracting for additional Code Enforcement assistance to maintain a constant regulatory presence. This information is provided as an update of current efforts toward regulation of these facilities, and to offer an opportunity for the City Council to ask questions related to enforcement efforts and legal options. RECOMMENDATION Provide information. Approved- Dorrrinio L.azza City Manager