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