This chapter provides for administrative remedies, which are
in addition to all other legal remedies, criminal or civil, which
may be pursued by the city to address any violation of this code.
Use of this chapter shall be at the sole discretion of the city.
(Ord. 2552-96 § 2)
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. 2552-96 § 2)
If the appeals 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 which imposes
any or all of the following:
(a) An
order to correct, including a schedule for correction where appropriate;
(b) Administrative penalties as provided in Section
1.06.090;
(c) Administrative costs as provided in Section
1.06.100.
(Ord. 2552-96 § 2)
Failure to pay the assessed administrative penalties and administrative
costs specified in the administrative order of the appeals board may
be enforced as:
(a) A
personal obligation of the violator; and/or
(b) If
the violation is in connection with real property, a lien upon the
real property. The lien shall remain in effect until all of the administrative
penalties, interest and administrative costs are paid in full.
(Ord. 2552-96 § 2)
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
1.08.125.
(Ord. 2552-96 § 2)
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 Section
1.06.160.
(Ord. 2552-96 § 2)
If the director determines that compliance has been achieved
after a compliance order has been sustained by the appeals board,
the director shall file a report indicating that compliance has been
achieved.
(Ord. 2552-96 § 2)
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 Santa Clara County. The
lien may carry such additional administrative charges as set forth
by resolution of the city council.
(Ord. 2552-96 § 2)
Once payment in full is received by the city for outstanding
penalties and costs, the director of finance shall either record a
notice of satisfaction or provide the property owner or financial
institution with 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.
(Ord. 2552-96 § 2)