The Town Council determines that the enforcement of this code, any uniform code or other code it adopts by reference, and any other ordinance of the Town is an important public service and is vital to protecting the public. The Town Council further determines there is a need for alternative methods of code enforcement in addition to other enforcement options available. This chapter is intended to promote the general health, safety and welfare of the public and provide uniform, fair, and efficient code enforcement.
(Ord. 18-471 § 1)
Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter the most reasonable application.
"Abatement"
means correction of a nuisance. When the Town acts to abate and/or issues an abatement order, "abatement" includes any and all steps taken by the Town to correct a nuisance or violation of this code, including, but not limited to, investigation, hearings, imposition of fines and penalties, acquisition of warrants, entry and physical correction of violations, and collection of any and all fines, penalties and/or costs of whatever kind or nature.
"Administrative cost(s)"
means all costs incurred by or on behalf of the Town regarding enforcement of this code, from the first discovery of the violation of this code through the appeal process and any court proceeding, and until compliance is achieved, including, but not limited to, staff time investigating the code violation, inspecting the property where the code violation occurred, acquisition of warrants, preparing investigative reports, sending notices of violations, administrative citations, and/or abatement orders, preparing for and attending any appeal or administrative hearing, collection of any and all fines, penalties, and/or costs of whatever kind and nature, and attorneys' fees.
"Appellant"
means a responsible party who seeks an administrative hearing on a notice of violation, abatement order, and/or administrative citation in the manner required by this chapter.
"Code violation(s)"
means any violation of this code or any other ordinance of the Town, including any codes adopted by reference and any violation of any condition imposed upon issuing any permit, license, or other approval (e.g., subdivision map, use permit, variance, zoning clearance) under this code or any other ordinance of the Town.
"Enforcement officer"
means any Town employee or agent of the Town with the authority to enforce any provision of this code designated by the Town Manager.
"Hearing officer"
means the Town Manager or designee.
"Notice of violation"
means any notice that informs a responsible party that a code violation has occurred as described in Section 8.05.030 of this chapter including, but not limited to, an abatement order.
"Responsible party"
means any of the following:
1. 
A party who, by action or inaction, causes, maintains, permits or allows a code violation;
2. 
A party whose agent, employee, or independent contractor, by action or inaction, causes, maintains, permits or allows a code violation;
3. 
An owner of real property on which a code violation occurs;
4. 
A lessee or sublessee with the current right of possession of real property on which a code violation occurs;
5. 
A party that uses real property on which a code violation occurs;
6. 
An on-site manager who regularly works on real property on which a code violation occurs and who is responsible for the business or other activities on that real property;
7. 
The owners, majority stockholders, corporate officers, trustees, general partners and any other party with the authority to act for a legal entity that is a responsible party under subsections (1) through (6) above;
8. 
If a party is a minor or incompetent, the parents or guardians of such party shall be deemed the responsible party.
"Town Manager"
means the Town Manager or designee.
(Ord. 18-471 § 1)
A. 
Whenever an enforcement officer determines that a code violation exists, the enforcement officer may issue a notice of violation to any responsible party. The notice of violation shall include:
1. 
A description of the condition creating or constituting the code violation(s) and the code section(s) or other ordinance(s) violated;
2. 
The address where the code violation(s) occurs;
3. 
The name(s) of the responsible part(y/ies) and any other involved party known to the enforcement officer;
4. 
The date and, if relevant, time at which the code violation was observed;
5. 
If applicable, a list of any corrections to bring the property into compliance including, but not limited to, an abatement order;
6. 
A description of the procedure for requesting an administrative hearing to contest the notice of violation and/or abatement order;
7. 
A deadline by which to correct or abate the code violation(s);
8. 
The signature of the enforcement officer issuing the notice of violation;
9. 
The date the notice of violation is issued.
B. 
An enforcement officer may issue an abatement order containing the information in this section regarding a notice of violation.
C. 
The failure of a notice of violation or an abatement order to satisfy the requirements of this section shall not affect the validity of the notice of violation or abatement order or any other enforcement proceedings under this code.
D. 
Except as otherwise provided by law or any other ordinance of this Town, an enforcement officer may issue an administrative citation without first issuing a notice of violation or an abatement order.
(Ord. 18-471 § 1)
A notice of violation and/or an abatement order may be issued in one or more of the following ways:
A. 
An enforcement officer may personally serve the notice of violation and/or abatement order on the responsible party;
B. 
An enforcement officer may mail the notice of violation and/or abatement order to the responsible party by first-class mail, postage prepaid, return receipt requested to the last known address of the responsible party and/or to any address which the responsible party has used in dealings with the Town;
C. 
An enforcement officer may post a copy of the notice of violation and/or abatement order on the subject property in a conspicuous place for a property-related code violation and, in which case, the enforcement officer shall also mail a copy of the notice of violation and/or abatement order to the responsible party in the manner described in subsection B of this section.
(Ord. 18-471 § 1)
Enforcement officers may enter upon any property or premises within the Town as allowed by law to ascertain whether the provisions of this 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. If an owner or occupant of property or his or her agent refuses to consent to entry and inspection, an enforcement officer may seek an administrative inspection warrant to enter the property or premises for any lawful purpose.
(Ord. 18-471 § 1)
An enforcement officer may record with the Napa County Recorder a notice against a property which is the subject of an administrative enforcement action to give notice to potential transferees of the property of code violations thereon. A notice of pending administrative action shall be on a form approved by the Town Manager and shall describe the nature of the administrative action and refer to the code provision governing the pending administrative action.
(Ord. 18-471 § 1)
If a responsible party violates this code or fails to correct a code violation within the time prescribed in a notice of violation and/or an abatement order, an enforcement officer may issue an administrative citation to each and every responsible party who knew or reasonably should have known of that notice of violation.
(Ord. 18-471 § 1)
Any violation of a provision of this code, any code it adopts by reference, or other applicable law, may be subject to an administrative fine or penalty pursuant to this chapter. This also includes any violation of any condition imposed upon the issuance of any permit, license, or other approval (e.g., subdivision map, use permit, variance, zoning clearance, etc.) pursuant to this code.
A. 
Each and every responsible party regarding a code violation(s) is jointly and severally liable for all fines and/or penalties imposed for the code violation(s).
B. 
A code violation that exists for more than one day shall be considered a separate and distinct code violation for each and every day it exists. Each daily code violation may be subject to the maximum fine or penalty permitted under this chapter.
C. 
An administrative citation may charge a code violation for one or more days on which a code violation exists or existed and for violation of one or more code sections.
D. 
The administrative fines and penalties prescribed in this chapter are in addition to, and do not preclude imposition of, any other remedies, criminal, civil, or administrative, available to the Town. Imposition of administrative fines or penalties shall be at the sole discretion of the enforcement officer.
(Ord. 18-471 § 1)
A. 
An administrative citation shall include:
1. 
A description of the condition creating the code violation(s) and the code section(s) or other ordinance(s) violated;
2. 
The address where the code violation(s) occurs;
3. 
The name(s) of the responsible part(y/ies) and any other involved persons;
4. 
The date and, if relevant, time at which the code violation was observed;
5. 
The amount and due date of the fine and/or penalty;
6. 
A description of the procedure to pay the fine and/or penalty;
7. 
A description of the procedure for requesting an administrative hearing to contest the administrative citation;
8. 
If applicable, a list of any corrections to bring the property into compliance including, but not limited to, an abatement order;
9. 
A deadline by which to correct or abate the code violation(s);
10. 
A statement that any unpaid fines and/or penalties may be placed as a special assessment or lien against the property where a code violation occurs or occurred;
11. 
The signature of the enforcement officer issuing the administrative citation;
12. 
The date of the administrative citation was issued;
13. 
Any other information deemed necessary for enforcement or collection of the administrative fines and/or penalties.
B. 
An enforcement officer may issue an administrative citation in conjunction with a notice of violation and/or an abatement order.
C. 
The failure of an administrative citation to satisfy the requirements of this section shall not affect the validity of the administrative citation or any other enforcement proceedings under this code.
(Ord. 18-471 § 1)
A. 
The Town Council, Zoning and Design Review Board, any other board or commission of the Town, and Town staff may consider the fact that a responsible party has been issued a notice of violation, abatement order, and/or administrative citation when determining whether to grant, suspend, revoke, or deny any permit, license, or other approval, regarding a matter related to the condition causing the code violation, and may consider such notice of violation, abatement order, and/or administrative citation to be evidence that the responsible party has committed acts that threaten the health, safety, and welfare of the general public.
B. 
The Town Council, Zoning and Design Review Board, and any other board or commission of the Town, and Town staff may impose a moratorium on issuing new, renewed, or revised permits, licenses, entitlements, or other approvals to a responsible party pending satisfactory resolution of a notice of violation, abatement order, and/or payment of an administrative citation.
(Ord. 18-471 § 1; Ord. 23-522, 10/3/2023)
An administrative citation may be issued in one or more of the following ways:
A. 
An enforcement officer may personally serve the administrative citation on the responsible party. The responsible party is required to sign a copy of the administrative citation showing his or her receipt, but his or her failure to do so shall have no effect on the enforcement of the administrative citation.
B. 
An enforcement officer may mail the administrative citation to the responsible party by first-class mail, postage prepaid, return receipt requested to the last known address of the responsible party and/or to any address which the responsible party has used in dealings with the Town.
C. 
An enforcement officer may post a copy of the administrative citation on the subject property in a conspicuous place for a property-related code violation and, in which case, the enforcement officer shall also mail a copy of the administrative citation to the responsible party in the manner described in subsection B of this section.
(Ord. 18-471 § 1)
A. 
For code violations that would otherwise be an infraction, administrative fines shall not exceed $100.00 for a first violation, $200.00 for a second violation of the same code section within one year, and $500.00 for each additional violation of the same code section within one year.
B. 
For code violations of local building and safety codes, administrative fines shall not exceed $130.00 for a first violation, $700.00 for a second violation of the same provision within one year, $1,300.00 for each additional violation of the same provision within one year of the first violation, and if the property is a commercial property with an existing building and the violation is for a failure to remove visible refuse or a failure to prohibit unauthorized use of the property, $2,500.00 for each additional violation of the same provision within two years of the first violation.
C. 
For code violations of the short-term rental prohibition in Section 17.12.010(C)(1), as amended or renumbered from time to time, administrative fines shall not exceed $1,500.00 for a first violation, $3,000.00 for a second violation of the same provision within one year, and $5,000 for each additional violation of the same provision within one year of the first violation. The administrative fines in this section shall apply only to code violations that pose a threat to public health or safety.
D. 
If the code violation pertains to building, plumbing, electrical, mechanical or other similar structural or zoning issues and does not pose an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, the responsible party shall be provided a notice of violation including not less than 15 days in which to abate or otherwise correct the code violation(s) prior to the imposition of an administrative fine or penalty. The determination of timely compliance, abatement, mitigation or elimination of the code violation shall be made by the enforcement officer or other authorized Town official.
E. 
Any code violation may be subject to an administrative penalty not exceeding $1,000.00 per violation.
F. 
Administrative fines and/or penalties not paid prior to their due date shall result in the imposition of a penalty and interest for every day of delinquency, as set forth in a resolution of the Town Council.
G. 
Each responsible party may be charged with a separate offense for each and every day during any portion of which any code violation is committed, continued or permitted by such responsible party. In addition to the fines and penalties provided in subsections A through D of this section, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be summarily abated as such by the Town, if such nuisance is an immediate threat to public health, safety, or welfare, and each and every day such condition continues shall be regarded as a new and separate offense.
(Ord. 18-471 § 1; Ord. 21-504 § 1)
A. 
All fines and penalties are due on the day specified in the notice of violation, abatement order, and/or administrative citation.
B. 
Fines and penalties shall be payable to the Town at Town Hall, 6550 Yount Street, Yountville, CA 94599, or to a collection agency if the fine and/or penalty has been assigned to a collection agency. Payment may be made by credit card, or by mailing the fine and/or penalty amount paid by check or money order to the Town Clerk at the same address. Cash payments may only be made in person at the same address.
C. 
Payment of a fine or penalty pursuant to this chapter shall not excuse or discharge any continued or repeated code violation.
D. 
Pending an administrative hearing by a hearing officer, payment of a fine and/or penalty may be stayed if the Town Manager determines, pursuant to Section 8.05.140, that a responsible party is unable to pay the fine and/or penalty and has made a bona fide effort to remedy the code violation or otherwise comply with the notice of violation and/or abatement order.
(Ord. 18-471 § 1; Ord. 21-504 § 2)
A. 
A responsible party to whom a notice of violation, abatement order, and/or an administrative citation is issued may request an administrative hearing within 15 days of the issuance of the notice of violation, abatement order, and/or administrative citation. Failure to timely request an administrative hearing in the manner required by this chapter constitutes a waiver of the administrative hearing and a failure to exhaust administrative remedies.
B. 
A request for an administrative hearing shall be made in writing and filed with the Town Clerk at Town Hall, 6550 Yount Street, Yountville, CA 94599, and shall state all grounds for appeal which the appellant wishes the Town to consider.
C. 
At the time of submitting the request for an administrative hearing, the appellant requesting the administrative hearing shall pay a deposit of any fine and/or penalty imposed by a notice of violation, abatement order, and/or an administrative citation, in the event the fine and/or penalty has not yet been paid. No request for an administrative hearing shall be accepted without payment of the deposit of the fine and/or penalty amount at the time the administrative hearing request is filed. The Town may waive or defer the administrative hearing fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with a notice of violation and/or abatement order, and other factors indicating good faith attempts to comply.
D. 
Enforcement of a notice of violation, abatement order, and/or an administrative citation shall be stayed during the pendency of an administrative hearing therefor which is properly and timely filed, unless a stay would jeopardize public health, safety, or welfare.
E. 
An appellant may request one continuance of an administrative hearing provided he or she does so in writing before the date of the administrative hearing and states a reasonable basis for the request. Unless the Town issues a written notice of continuance, the administrative hearing shall take place on the date, time and location specified in a notice of administrative hearing issued to the appellant. An appellant's failure to attend an administrative hearing shall constitute an abandonment of the request for the administrative hearing and a failure to exhaust administrative remedies.
F. 
Unless otherwise required by the California Building Code, an adopted uniform code, or other provision of law, administrative hearings shall be conducted and heard by a hearing officer.
(Ord. 18-471 § 1)
A. 
The administrative hearing shall be conducted by the hearing officer on the date, time, and location specified in the notice of hearing transmitted to the appellant. Notice(s) of violation, abatement order(s), administrative citation(s), and other reports prepared by an enforcement officer concerning a code violation(s) shall be accepted by the hearing officer as prima facie evidence of the facts stated in such documents. The hearing officer shall allow the appellant an opportunity to testify at the administrative hearing and to present evidence about any code violation specified in the notice of violation, abatement order, and/or administrative citation. The enforcement officer or other representatives of the Town may, but is not required to, attend the administrative hearing.
B. 
The hearing officer may continue an administrative hearing from time to time and allow an appellant additional time to remedy a code violation. In addition, the hearing officer may request additional information or evidence from the appellant.
C. 
An administrative hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence may be admitted if it is evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might consider such admission improper in a civil or criminal proceeding. Irrelevant or unduly repetitious evidence shall be excluded.
D. 
After considering all testimony and evidence submitted at the administrative hearing, the hearing officer shall issue a written decision to affirm, modify or dismiss the notice(s) of violation, abatement order(s), and/or administrative citation(s). The decision shall include the hearing officer's findings, as well as information regarding the appellant's right to seek judicial review of the decision and the time in which to do so. The Town shall issue the appellant a copy of the hearing officer's written decision (the "notice of decision"). The decision of the hearing officer shall be final. If the hearing officer determines that the notice(s) of violation, abatement order(s), and/or administrative citation(s) should be affirmed, the fine and/or penalty amount on deposit with the Town, if any, shall be retained by the Town.
(Ord. 18-471 § 1)
An appellant may seek judicial review of a hearing officer's decision by filing a petition for review with the superior court, pursuant to Government Code Section 53069.4, within 20 days after service of the notice of decision on appellant. For purposes of this section, "service" means personal service or deposit in the mail, first-class, postage prepaid, and return receipt requested to the last known address of the appellant and/or to any address which the appellant has used in dealings with the Town.
(Ord. 18-471 § 1)
A. 
The Town may pursue any and all legal and equitable remedies for the collection of fines, penalties, interest, administrative costs, and attorney's fees incurred. Resort to any one remedy shall not foreclose subsequent or simultaneous resort to any other.
B. 
The Town may seek to enforce any notice of violation, abatement order, administrative citation, fine, penalty, interest, administrative costs, and attorney's fees by confirmation from a court of competent jurisdiction. Any of such judicially confirmed may be enforced through all normal enforcement measures, including without limitation, criminal contempt proceedings upon a subsequent violation of such order.
C. 
Administrative costs may be recorded as a lien or special assessment against a property on which a code violation occurred. Prior to recording a lien or special assessment, the Town shall prepare a cost report itemizing the amount owed by the responsible party and give known responsible party reasonable opportunity to be heard with respect to that cost report. The Town shall comply with any other law applicable to the recording of any delinquent costs and interest as a lien on the property, or as a special assessment.
D. 
The notice of violation, abatement order, and administrative citation procedures described in this chapter do not preclude the Town from recovering any code violation abatement costs and/or administrative costs incurred by the Town in performing its code enforcement efforts.
E. 
A prevailing party shall be entitled to recover attorney's fees in an amount not to exceed the amount of attorney's fees incurred by the Town in such action. Recovery by the Town of administrative costs shall be in addition to any fine or penalty imposed on the responsible party.
(Ord. 18-471 § 1)