[Ord. No. 1098; Ord. No. 1177, § 1.]
[Ord. No. 1098; Ord. No. 1177, § 1.]
For purposes of this chapter, "director" means the head of any
City department, which is charged with responsibility for enforcement
of any provision of this Code.
[Ord. No. 1098; Ord. No. 1177, § 1.]
(a)
Whenever the director determines that a violation of any provision
of this Code within director's responsibility is occurring or
exists, the director may issue a written compliance order to any person
responsible for the violation.
(b)
A compliance order issued pursuant to this chapter shall contain
the following information:
(1)
The date and location of the violation;
(2)
The section of this Code violated and description of the violation;
(3)
The actions required to correct the violation:
(4)
The time period after which administrative penalties will begin
to accrue if compliance with the order has not been achieved;
(5)
Either a copy of this chapter or an explanation of the consequences
of noncompliance with this chapter and a description of the hearing
procedure and appeal process.
[Ord. No. 1098; Ord. No. 1177, § 1.]
(b)
Where real property is involved, written notice shall be mailed to
the property owner at the address as shown on the last equalized county
assessment roll.
(c)
Where personal service or service by mail upon the property owner
is unsuccessful, a copy of the order shall be conspicuously posted
at the property, which is the subject of the roll.
(d)
The failure of any person to receive any notice required under this
chapter shall not affect the validity of any proceedings taken under
this chapter.
[Ord. No. 1098; Ord. No. 1177, § 1.]
(a)
If the director determines that all violations have been corrected
within the time specified in the compliance order, no further action
shall be taken.
(b)
If full compliance is not achieved within the time specified in the
compliance order, the director shall advise the secretary to the appeals
board to set a hearing before the board.
(c)
The secretary to the appeals hearing board shall cause a written
notice of hearing to be served on the violator and, where real property
is involved, a notice of hearing shall be served on the property owner
at the address as it appears on last equalized county assessment roll
available on the date the notice is prepared.
[Ord. No. 1098; Ord. No. 1177, § 1.]
(a)
Every notice of hearing on a compliance order shall contain the date,
time and place at which the hearing shall be conducted by the appeals
hearing board.
(b)
Each hearing shall be set for a date not less than fifteen working
days nor more than sixty working days from the date of the notice
of hearing unless the director determines that the matter is urgent
or that good cause exists for an extension of time.
(c)
This hearing serves to provide the full opportunity of a person subject
to a compliance order to object to the determination that a violation
has occurred and/or that the violation has continued to exist. The
failure of any person subject to a compliance order, pursuant to this
chapter, to appear at the hearing shall constitute a failure to exhaust
administrative remedies.
[Ord. No. 1098; Ord. No. 1177, § 1.]
(a)
At the place and time set forth in the notice of hearing, the appeals hearing board shall conduct a hearing on the compliance order issued pursuant to § 19-95.
(b)
The board shall consider any written or oral evidence consistent
with its rules and procedures regarding the violations and compliance
by the violator or by the real property owner.
(d)
The board shall issue written findings on each violation. The findings
shall be supported by evidence received at the hearing.
(e)
If the board finds by a preponderance of the evidence that a violation
has occurred and that the violation was not corrected within the time
period specified in the compliance order, the board shall issue an
administrative order.
(f)
If the board finds that no violation has occurred or that the violation
was corrected within the time period specified in the compliance order,
the board shall issue a finding of those facts.
[Ord. No. 1098; Ord. No. 1177, § 1.]
If the appeals hearing board determines that a violation occurred which was not corrected within the time period specified in the compliance order, the board shall issue an administrative order described in § 19-96 which imposes any or all of the following:
[Ord. No. 1098; Ord. No. 1177, § 1.]
(a)
The appeals hearing board may impose administrative penalties for
the violation of any provision of this Code in an amount not to exceed
a maximum of two thousand five hundred dollars per day for each ongoing
violation, except that the total administrative penalty shall not
exceed one hundred thousand dollars exclusive of administrative costs,
interest and restitution for compliance reinspection, for any related
series of violations.
(b)
In determining the amount of the administrative penalty, the board
may take any or all of the following factors into consideration:
(1)
The duration of the violation;
(2)
The frequency, recurrence and number of violations, related
or unrelated, by the same violator;
(3)
The seriousness of the violation;
(4)
The good faith efforts of the violator to come into compliance;
(5)
The economic impact of the penalty on the violator;
(6)
The impact of the violation on the community;
(7)
Such other factors as justice may require.
(c)
Administrative penalties imposed by the board shall accrue from the
date specified in the compliance order and shall cease to accrue on
the date the violation is corrected as determined by the director
or the board.
(d)
The board, in its discretion, may suspend the imposition of applicable
penalties for any period of time during which:
(e)
Administrative penalties assessed by the board shall be due by the
date specified in the administrative order.
(f)
Administrative penalties assessed by the board are a debt owed to
the City and, in addition to all other means of enforcement, if the
violation is located on real property, may be enforced by means of
lien against the real property on which the violation occurred.
(g)
If the violation is not corrected as specified in the board's order to correct, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in § 19-98(a) above.
(h)
If the violator gives written notice to the director that the violation
has been corrected and if the director finds that the compliance has
been achieved, the director shall deem the date the written notice
was postmarked or personally delivered to the director or the date
of the final inspection, whichever first occurred, to be the date
the violation was corrected. If no written notice is provided to the
director, the violation will be deemed corrected on the date of the
final inspection.
[Ord. No. 1098; Ord. No. 1177, § 1.]
(a)
The appeals hearing board shall assess administrative costs against
the violator when it finds that a violation has occurred and the compliance
has not been achieved within the time specified in the compliance
order.
(b)
The administrative costs may include any and all costs incurred by
the City in connection with the matter before the appeals hearing
board including, but not limited to, costs of investigation, staffing
costs incurred in preparation for the hearing and for the hearing
itself, and costs for all reinspections necessary to enforce the compliance
order.
[Ord. No. 1098; Ord. No. 1177, § 1.]
Failure to pay the assessed administrative penalties and administrative
costs specified in the administrative order of the appeals hearing
board may be enforced as:
[Ord. No. 1098; Ord. No. 1177, § 1.]
Any person aggrieved by an administrative order of the appeals
hearing board may obtain review of the administrative order in the
Superior Court by filing with the court a petition for writ of mandate
pursuant to Section 1094.6 of the Code of Civil Procedure of the State
of California.
[Ord. No. 1098.]
The City may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien pursuant to § 19-105.
[Ord. No. 1098; Ord. No. 1177, § 1.]
If the director determines that compliance has been achieved
after the appeals hearing board has sustained a compliance order,
the director shall file a report indicating that compliance has been
achieved.
[Ord. No. 1098; Ord. No. 1177, § 1.]
(a)
If the director does not file a report pursuant to Section 19-103 above, a violator who believes the compliance has been achieved may request a compliance hearing before the appeals hearing board by filing a request for a hearing with the secretary of the board.
(c)
The board shall determine if compliance has been achieved and, if
so, when it was achieved.
[Ord. No. 1098; Ord. No. 1177, § 1.]
(a)
Whenever the amount of any administrative penalty and/or administrative
cost imposed by the appeals hearing board pursuant to this chapter
in connection with real property has not been satisfied in full within
ninety working days and/or has not been successfully challenged by
a timely writ of mandate, this obligation may constitute a lien against
the real property on which the violation occurred.
(b)
The lien provided herein shall have no force and effect until recorded
with the county recorder. Once recorded, the administrative order
shall have the force and effect and priority of a judgment lien governed
by the provisions of Sections 697.340 of the Code of Civil Procedure
and may be extended as provided in Section 683.110 to 683.220, inclusive,
of the Code of Civil Procedure.
(c)
Interest shall accrue on the principal amount of the judgment remaining
unsatisfied pursuant to law.
(d)
Prior to recording any such lien, the director of finance shall prepare
and file with the City Clerk a report stating the amounts due and
owing.
(e)
The City Clerk shall fix a time, date and place for hearing such
report and any protests or objections thereto by City Council.
[Ord. No. 1098; Ord. No. 1177, § 1.]
(a)
Any person whose real property is subject to a lien pursuant to § 19-105 may file a written protest with the City Clerk and/or may protest orally at the City Council meeting.
(b)
Each written protest or objection must contain a description of the
property in which the protesting party is interested and the grounds
of such protest or objection.
(c)
The City Council, after the hearing, shall adopt a resolution confirming,
discharging or modifying the amount of the lien.
[Ord. No. 1098; Ord. No. 1177, § 1.]
Thirty days following the adoption of a resolution by the City
Council imposing a lien, the City Clerk shall file the same as a judgment
lien in the office of the county recorder of Stanislaus County, California.
The lien may carry such additional administrative charges as set forth
by resolution for the City Council.
[Ord. No. 1098; Ord. No. 1177, § 1.]
Once payment in full is received by the City for outstanding
penalties and cost, the director of finance shall either record a
notice of satisfaction or provide the property owner or financial
institution a notice of satisfaction so they may record this notice
with the office of the county recorder. Such notice of satisfaction
shall cancel the City's lien.
