For the purpose of this title, the words and phrases designated
in this section shall be defined as follows:
means any development, management, sale, rental or use of
property other than the sole purpose of residential occupancy by the
property owner or his or her immediate family members.
means the Community Development Director and shall include
any duly authorized representative of such Director.
means any existing or future ordinances of the City, or rules
or regulations adopted thereunder, which regulate the use and development
of land, including, but not limited to, the City's zoning ordinances,
Imperial Beach Municipal Code Title 15, relating to building and construction,
the State Subdivision Map Act, and the California Code of Regulations.
means any form of certificate, approval, registration, license
or other written permission given to any person to engage in any activity
as required by law, ordinance or regulation.
includes any natural person, organization, corporation or
partnership and their agents, representatives or assigns.
(Ord. 827, 1990; Ord. 2018-1176 § 4)
A.
Whenever the Director has reason to believe that a use or condition exists in violation of any land use ordinance as defined in this title, or rules and regulations adopted thereunder, he or she is authorized to initiate enforcement under Chapter 1.12 abatement pursuant to Chapter 1.16, 1.17 or 8.50 proceeding under this chapter to cause the assessment of a civil penalty pursuant to Section 1.12.020.
B.
Pending
commencement and completion of the administrative procedure provided
for in this chapter, the Director may cause an order to cease violation
to be posted on the subject property or served on persons engaged
in any work or activity in violation of a land use ordinance. The
effect of such an order shall be to require the immediate cessation
of such work or activity until authorized by the Director to proceed.
(Ord. 827, 1990)
A.
Whenever
the Director has reason to believe that violation of a land use ordinance
will be most promptly and equitably terminated by an administrative
proceeding, a written notice and order to correct or abate shall be
issued, directed either to the owner or operator of the source of
the violation, the person in possession of the property where the
violation originates, or the person otherwise causing or responsible
for the violation.
B.
The
notice and order to correct or abate shall contain:
1.
The
street address, when available, assessor's parcel number and/or description
of personal property sufficient for identification of where the violation
occurred or is located;
2.
A
statement that the Director has found the person to be in violation
of a land use ordinance with a brief and concise description of the
conditions found to be in violation;
3.
A
statement of the corrective action required to be taken. If the Director
has determined that corrective work is required, the order shall require
that all required permits be secured, that work physically be commenced,
and that the work be completed within such times as the Director determines
are reasonable under the circumstances;
4.
A
statement specifying the amount of any civil penalty assessed to date
on account of the violation, and, if applicable, the conditions on
which assessment of such civil penalty is contingent;
5.
Statements
advising that:
a.
If any required work is not commenced or completed within the times
specified, the Director will proceed to cause abatement of the violation
and cause the work to be done and charge the costs thereof as a lien
against the property and as a joint and separate personal obligation
of any person in violation, and
b.
The civil penalties will accrue until the violations are corrected,
and if any assessed civil penalty is not paid, the amount of the penalty
will be charged as a lien against the property and as a joint and
separate personal obligation of any person in violation;
6.
A
statement advising that the order shall become final, unless, no later
than 10 days after the notice and order are served, any person aggrieved
by the order requests an appeal in writing.
C.
Service
of the notice and order shall be made upon all persons identified
in the notice and order either personally or by mailing a copy of
such notice and order by certified mail, postage prepaid, return receipt
requested, and to the occupant of the address of the location of the
violation. The failure of any such person to receive such notice shall
not affect the validity of any proceedings taken under this chapter.
Service by certified mail in the manner provided in this section shall
be effective on the date of postmark. The notice and order shall be
posted on the subject property.
(Ord. 827, 1990)
A.
Review,
modification or waiver of the amount of penalties assessed may be
made by the joint decision of the City Manager, the Community Development
Director and the City Attorney. Such a request must be made in writing.
Denial of the request does not preclude appeal to the City Council.
B.
It is
the function of the City Council to review evidence submitted on appeal,
to make written findings on the evidence, and to affirm, modify or
reverse any order issued by the Director.
C.
Following
review of any evidence submitted, the City Council shall make written
findings and conclusions, and shall affirm or modify the order previously
issued if it finds that a violation has occurred, or reverse the order
if it finds that no violation occurred. The written decision of the
City Council shall be mailed by certified mail, postage prepaid, return
receipt requested, to all parties of interest. Action by the City
Council on the appeal shall be final and conclusive.
(Ord. 827, 1990)
A.
If,
after any order duly issued has become final, the person to whom such
order is directed fails, neglects or refuses to obey such order, including
refusal to pay a civil penalty assessed under such order, the Director
may:
1.
Refer
the matter to the City Attorney for prosecution under the provisions
of this title;
2.
Institute
any appropriate action to collect a civil penalty assessed under this
title;
3.
Abate
the land use violation using the procedures of this title; and/or
4.
Pursue
any other appropriate remedy at law or equity.
B.
Enforcement
of any notice and order issued pursuant to this title shall be stayed
during the pendency of any appeal under this title, except when the
Director determines that the violation, if continued, will cause immediate
and irreparable harm.
(Ord. 827, 1990)
A.
The
City shall have a lien for any civil penalty imposed or for the cost
of any abatement work done pursuant to this title, or both, against
the real property on which the civil penalty was imposed or any of
the abatement work was performed.
B.
The
lien shall be subordinate to all existing special assessment liens
previously imposed upon the same property and shall be paramount to
all other liens, except for state and county taxes, with which it
shall be on a parity.
C.
The
civil penalty and the cost of abatement are also joint and separate
personal obligations of any person in violation. The City Attorney
may collect the civil penalty and the abatement work costs by use
of all appropriate legal remedies.
D.
The
lien provided by this title may be foreclosed and enforced by a civil
action in a court having jurisdiction.
(Ord. 827, 1990)
The notice and order of the Director pursuant to this title
shall give notice to the owner that a lien for the civil penalty or
the cost of abatement, or both, may be claimed. Service of the notice
and order shall be made upon all persons identified in the notice
and order either personally or by mailing a copy of such notice and
order by certified mail, return receipt requested. If the address
of any such person cannot reasonably be ascertained, a copy of the
notice and order shall be mailed to such person at the address of
the location of the violation. The failure of any such person to receive
such notice shall not affect the validity of any proceedings taken
under this chapter. Service by certified mail in the manner provided
in this section shall be effective on the date of postmark. The notice
and order shall be posted on the subject property.
(Ord. 827, 1990)
A.
The
Director shall cause a notice of intent to lien to be recorded within
90 days from the date the civil penalty is due or within 90 days from
the date of completion of the abatement work performed pursuant to
this title.
B.
The
notice of intent to lien shall contain the following:
1.
The
authority for imposing a civil penalty or proceeding to abate the
violation, or both;
2.
A
brief description of the civil penalty imposed, the violations charged
and the duration thereof, or a brief description of the abatement
work done, the dates of commencement and completion of the work, and
the name of the persons or organizations performing the work;
3.
A
legal description of the property to be charged with the lien;
4.
The
name of the known or reputed owner, and, if not known, the fact shall
be alleged; and
5.
The
amount, including lawful and reasonable costs, for which the lien
is claimed.
C.
The
Director shall sign and verify a declaration by oath to the effect
that the affiant believes the lien claimed is just.
(Ord. 827, 1990)
The San Diego County Recorder's office shall record and index
the notices of intent to lien described in this chapter. No lien created
by this title binds the property subject to the lien for a period
longer than three years after the notice of intent to lien has been
filed, unless an action is commenced in the proper court within that
time to enforce the lien.
(Ord. 827, 1990)
Should any section, subsection, paragraph, sentence, clause
or phrase of this chapter be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the
remaining portions of this chapter.
(Ord. 827, 1990)
