City of Avalon, CA Enforcement

Notice of Violation. The Authorized Inspector may deliver to the owner or occupant of any property, or to any person who violates any provision of this chapter, a Notice of Violation. The Notice of Violation shall be delivered in accordance with § 6- 7.507.

The Notice of Violation shall identify the provision(s) of this chapter or the applicable permit which has been violated. The Notice of Violation shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person.

The Notice of Violation shall state a compliance date that must be met by the owner, occupant and/or person; provided, however, that the compliance date may not exceed 90 days unless the Authorized Inspector extends the compliance deadline an additional 90 days where good cause exists for the extension. Uncontrolled threats to public health, safety and welfare shall be abated immediately and in no case longer than 30 days.

Administrative Compliance Orders. Separate from, in addition to, or in combination with, a Notice of Violation or Cease and Desist Order, the Authorized Inspector may issue an Administrative Compliance Order against the owner and/or occupant of any public or private property and/or any other person responsible for a violation of this chapter. Issuance of a Notice of Violation or Cease and Desist Order is not a prerequisite to the issuance of an Administrative Compliance Order.

(c)

Cease and Desist Orders. The Authorized Inspector may issue a Cease and Desist Order directing the owner or occupant, or other person in charge of day-to-day operations of any public or private property and/or any other person responsible for a violation of this chapter to:

Immediately discontinue any violation of this chapter;

Immediately remedy any source or cause of a continuing violation of this chapter;

Clean up any area affected by the violation.

(d)

Monetary Penalty.

In addition to, or in combination with a Notice of Violation, Administrative Compliance Order or Cease and Desist Order, the City Manager or the Authorized Inspector may issue a civil penalty for violations of this chapter. The Notice of Violation, Administrative Compliance Order, or Cease and Desist Order to which the penalty will attach shall allege the act(s) or failure(s) to act that constitute violations of this chapter and shall set forth the penalty for the violation. The City Manager or the Authorized Inspector may impose the following monetary penalties, in addition to other appropriate corrective action requirements:

An amount that shall not exceed $100 for each day a person fails or refuses to provide the City with any report or information required by this chapter.

An amount that shall not exceed $200 for each day a person fails or refuses to timely comply with a Notice of Violation or Cease and Desist Order or fails or refuses to remedy any source of a continuing violation as required by the City Manager or this chapter.

An amount that shall not exceed $1,000 per day for each day on which a person violates §§ 6-7.223, 6- 7.225, 6-7.226, 6-7.403, 6-7.404 or 6-7.409 of this chapter.

The amount of any penalties imposed under this section which have remained delinquent for a period of 60 days may become a special assessment against the real property of the person violating this chapter.

The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.

(4)

If the identity of the owner of the real property can be determined, the City shall make its best effort to provide notice of the special assessment to the owner by certified mail at the time of imposing the assessment. Such notice will specify that the property may be sold after three years by the Tax Collector for unpaid delinquent assessments. The Tax Collector's power of sale shall not be affected by the failure of the property owner to receive notice. Assessment of administrative fines as provided hereunder does not preclude assessment of other costs of abatement of any nuisance against the same property at a later date.

(5)

If any real property against which the special assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

(6)

A sale of vacant residential developed property for which the payment of a special assessment imposed pursuant to this chapter is delinquent may be conducted, subject to the requirements applicable to the sale of property pursuant to § 3691 of the Revenue and Taxation Code.

(7)

Notices or instruments relating to the special assessment shall be entitled to recordation.

(e)

Recovery of Costs. The Authorized Inspector may deliver to the owner or occupant of any property, any permittee or any other person who becomes subject to a Notice of Violation or other administrative order, an invoice for costs documenting any and all costs incurred by the City in cleaning up a site, remedying a violation, and issuing the Notice of Violation or other administrative order and directing payment to the City. An invoice for costs shall be delivered in accordance with § 6-7.507 of this chapter. An invoice for costs shall be immediately due and payable to the City for the actual costs incurred by the City in issuing and enforcing any notice or order. If any owner or occupant, permittee or any other person subject to an invoice for costs fails to either pay the invoice for costs or successfully appeal the invoice for costs in accordance with § 6-7.508, then the City Attorney may institute collection proceedings.

(f)

Unless timely appealed, an administrative compliance order shall be effective and final as of the date it is issued by the City Manager.

§ 6-7.503 Enforcement — Civil Remedies.

[§ 1, Ord. 1119-13, eff. July 4, 2013]

Nuisance. Any condition in violation of the prohibitions of this chapter shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code § 38771.

City Abatement. In the event the owner of property, the operator of a facility, a permittee or any other person fails to comply with any provision of a compliance schedule issued to such owner, operator, permittee or person pursuant to this chapter, the Authorized Inspector may request the City Attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the City in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to § 6-7.502(e).

Court order to enjoin or abate. At the request of the City Manager, the City Attorney may seek a court order to enjoin and/or abate the nuisance.

Notice to owner and occupant. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the City Manager shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the property where the nuisance or threatened nuisance is occurring.

Emergency Abatement. In the event the nuisance constitutes an imminent danger to public safety or the environment, the Authorized Inspector may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public safety or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant.

Reimbursement of Costs. All costs incurred by the City in responding to any nuisance, all administrative expenses and all other expenses recoverable under State law, shall be recoverable from the person(s) creating, causing, committing, permitting or maintaining the nuisance.

(4)

Nuisance Lien. All costs shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with Government Code §§ 38773.1 and 38773.5. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by Government Code § 38773.1. At the direction of the City Manager, the City Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the County Assessor of a special assessment against the property in accord with the conditions and requirements of Government Code § 38773.5.

Injunction. At the request of City Manager, the City Attorney may cause the filing in a court of competent jurisdiction, of a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this chapter.

(c)

Order for Reimbursement. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City of all costs incurred in enforcing this chapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the City, costs relating to restoration of the environment and all other expenses as authorized by law.

(d)

Damages. The City Manager may cause the City Attorney to file an action for civil damages in a court of competent jurisdiction seeking recovery of (i) all costs incurred in enforcement of this Chapter, including, but not limited to, costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages, (ii) all costs incurred in mitigating harm to the environment or reducing the threat to human health, and (iii) damages for irreparable harm to the environment.

(e)

Damages from Trespass or Nuisance on Public Land. The City Attorney is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public land or other property from any violation of this chapter where the same has caused damage, contamination or harm to the environment, public property or equipment.

§ 6-7.504 Enforcement — Criminal Remedies.

[§ 1, Ord. 1119-13, eff. July 4, 2013]

Infractions. Any person who may otherwise be charged with a misdemeanor under this chapter may be charged, at the discretion of the City Attorney, with an infraction punishable by a fine of not more than $100 for a first violation, $200 for a second violation, and a fine not exceeding $500 for each additional violation occurring within one year.

Misdemeanors. Any person who violates any provision of this chapter, undertakes to conceal any violation of this chapter, continues any violation of this chapter after notice thereof, or violates the terms, conditions and requirements of any permit issued pursuant to this chapter, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment for a period of not more than six months, or both.

§ 6-7.505 Enforcement — Nonexclusive Remedies.

[§ 1, Ord. 1119-13, eff. July 4, 2013]

Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the Authorized Inspector or City Attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this chapter.

§ 6-7.506 Enforcement — Consecutive Violations.

[§ 1, Ord. 1119-13, eff. July 4, 2013]

Each day in which a violation occurs and each separate failure to comply with either a separate provision of this chapter, an Administrative Compliance Order, a Cease and Desist Order or a permit issued pursuant to this chapter, shall constitute a separate violation of this chapter punishable by fines or sentences issued in accordance herewith.

§ 6-7.507 Notices.

[§ 1, Ord. 1119-13, eff. July 4, 2013]

Delivery of Notice. Any Notice of Violation, Administrative Compliance Order, Cease and Desist Order or Invoice of Costs to be delivered pursuant to the requirements of this chapter shall be subject to the following:

The notice shall state that the recipient has a right to appeal the matter as set forth in § 6-7.508 of this chapter.

Delivery shall be deemed complete upon personal service to the recipient, deposit in the U.S. mail, postage prepaid for first class delivery, by facsimile service with confirmation of receipt, or by any other means permitted by law.

Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the City.

(4)

Where the owner or occupant of any property cannot be located after the reasonable efforts of the City Manager or Authorized Inspector, a Notice of Violation or Cease and Desist Order shall be deemed delivered after posting on the property for a period of five business days.

§ 6-7.508 Appeals.

[§ 1, Ord. 1119-13, eff. July 4, 2013]

Any person subject to a Notice of Violation, Administrative Compliance Order, or Cease and Desist Order aggrieved by the issuance of an order may appeal from the issuance thereof to a hearing officer in accordance with the appeal procedures set forth in Chapter 1-4 of Title 1 of this Code, except that any such appeal shall be filed within 15 days of the date of service of the Notice of Violation, Cease and Desist Order or Administrative Compliance Order by the Authorized Inspector upon the appealing party. A person subject to an order to remedy a condition which poses an immediate threat to the public health, safety or welfare shall comply with that order during the pendency of any appeal. To the extent that any provision of this section conflicts with the provisions of Chapter 1-4 of Title 1 of this Code, the provisions contained in Chapter 1-4 of Title 1 shall control.

§ 6-7.509 Judicial Review.

[§ 1, Ord. 1119-13, eff. July 4, 2013]

The provisions of §§ 1094.5 and 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any act taken pursuant to this chapter. Parties seeking judicial review of any action taken pursuant to this chapter shall file such action within 90 days of the occurrence of the event for which review is sought.

§ 6-7.510 Severability.

[§ 1, Ord. 1119-13, eff. July 4, 2013]

If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this chapter, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.