The city council has determined that the enforcement of the
municipal code and applicable state codes throughout the city is an
important public service and is vital to the protection of the public's
health, safety and quality of life. The city council has determined
that there is a need for alternative methods of code enforcement and
that a comprehensive code enforcement system uses a combination of
judicial and administrative remedies to gain compliance with code
regulations. The city council finds that there is a need to draft
precise regulations that can be effectively applied in administrative
proceedings.
(Ord. 597 § 1, 2002)
The following definitions shall apply in interpretation and
enforcement of this chapter.
"Administrative costs"
means the administrative citation fines and all costs incurred
by the city from the first discovery of the violations through the
appeal process and until compliance is achieved, including but not
limited to staff time in inspecting the property, sending notices,
preparing and attending any appeal hearing, and fees paid to the administrative
hearing officer.
"Administrative code enforcement remedies"
means notices of violation, administrative citations, administrative
abatement, summary abatement, notice of pendency, or other procedures
to correct violations of the Loma Linda Municipal Code.
"Enforcement officer"
means any city employee or agent of the city with the authority
to enforce any provision of this code.
"Person"
means any individual or entity, including but not limited
to a corporation, partnership, or trust.
"Responsible party"
means any person or persons in charge of the premises or
location, or the person or persons responsible for the event or incident,
and shall include any of the following:
1.
The person or persons who own the property where the violations
exist.
2.
The person or persons in charge of the premises where the violation
exists.
3.
The person or persons occupying or using the premises when the
violation exists.
4.
The parent(s) or guardian(s) of any responsible party who is
a minor at the time of the violation.
5.
The business manager, property manager, or on-site supervisor
of the premises or location where any violation exists.
"Municipal code"
means the Loma Linda Municipal Code and other uniform codes
as adopted by ordinance as part of the Loma Linda Municipal Code.
(Ord. 597 § 1, 2002)
For the purposes of this chapter, the city manager or his/her
designated enforcement officer shall have the power to issue notices
of violation and administrative citations, inspect public and private
property and use whatever judicial and administrative remedies are
available under the municipal code or state law.
(Ord. 597 § 1, 2002)
Enforcement officers are authorized to enter upon any property
or premises within the city to ascertain whether the provisions of
the municipal code are being obeyed, and to make any examination and
surveys as may be necessary in the performance of their enforcement
duties. These inspections may include the taking of photographs, samples
or other physical evidence. All inspections, entries, examinations
and surveys shall be done in a reasonable manner. If an owner, occupant
or agent refuses permission to enter or inspect, the enforcement officer
may seek an administrative inspection warrant pursuant to the procedures
provided for in California
Code of Civil Procedure Section 1822.50
through 1822.59, as may be amended from time to time.
(Ord. 597 § 1, 2002)
For the purposes of this chapter:
A. The
enforcement officer may record with the county recorder's office
a notice against a property which is the subject of an administrative
enforcement action pending with the city of Loma Linda.
B. A notice
of pending administrative action shall be on a form approved by the
city manager or his/her designee and shall describe the nature of
the administrative action and refer to the municipal code governing
the pending administrative action.
The procedures established in this chapter shall be in addition
to criminal, civil or other legal remedies established by law which
may be pursued to address violations of this code or applicable state
codes, and the use of this chapter shall be at the sole discretion
of the city.
(Ord. 597 § 1, 2002)
For the purposes of this chapter:
A. Any
person violating any provision of this code may be issued an administrative
citation by an enforcement officer as provided for in this chapter.
B. A continuing
violation of the municipal code constitutes a separate and distinct
violation each and every day that said violation exists.
C. A citation
penalty shall be assessed by means of an administrative citation issued
by the enforcement officer and shall be payable directly to the city
of Loma Linda.
D. In the
event the enforcement officer determines that a violation constitutes
a continuing violation that pertains to building, plumbing, electrical,
or similar structural or zoning issues which do not create an immediate
danger to health or safety, the person responsible for such continuing
violation shall be given a reasonable period of time, not to exceed
thirty calendar days, to correct or otherwise remedy the violation
prior to the imposition of administrative fines or penalties.
(Ord. 597 § 1, 2002)
The failure of any person to pay the penalties assessed by an
administrative citation within the time specified on the citation
may result in the city referring the time to a private collection
agency, filing a claim with the small claims court, attaching the
fine as a special assessment against the property on which the violation
occurred, or any other legal means necessary to collect the fines.
(Ord. 597 § 1, 2002)