This chapter provides for administrative penalties. The use of administrative penalties 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, including any other administrative remedies that are provided for in this code. Use of this chapter shall be at the sole discretion of the city.
(Ord. 2011-04 §1)
"Administrative costs"
include any and all costs incurred by the city in connection with the matter before the board including, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and the hearing itself, and costs for all inspections necessary to enforce a compliance order.
"Administrative order"
means an order issued after hearing by the board requiring correction of certain violations and imposing administrative penalties and administrative costs.
"Administrative penalty"
means a monetary penalty imposed by the city after failing to comply with a compliance order issued by an enforcement officer.
"Board"
means the appeals hearing board of the city of Waterford as set by resolution of the city council.
"Compliance order"
means an order issued by an enforcement officer to a responsible party to correct certain violations as set forth in the order by a date certain, prior to the imposition of administrative penalties.
"Enforcement officer"
shall have the same meaning as defined in Section 1.17.020 of this code.
"Responsible party"
shall have the same meaning as in Section 1.17.020 of this code.
(Ord. 2011-04 §1)
A. 
Whenever the enforcement officer determines that a violation of any provision of this code within the enforcement officer's responsibility is occurring or exists, the enforcement officer may issue a written compliance order to any responsible party.
B. 
A compliance order shall contain the following information:
1. 
The date and address or definite description of the location of the violation(s);
2. 
The code section(s) or condition(s) violated and a description of the violation(s);
3. 
An order to the responsible party to correct the violation(s) within the time specified, and an explanation of the consequences of failure to correct the violation(s);
4. 
The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved;
5. 
Either a copy of this chapter or an explanation of the consequences of noncompliance with this chapter and a description of the hearing procedure and appeals process; and
6. 
The name and signature of the enforcement officer.
C. 
The responsible party shall be given a reasonable period in which to comply with the compliance order. However, should a violation constitute an imminent threat to life or property, immediate compliance may be ordered.
(Ord. 2011-04 §1)
All written notices required to be given under the provisions of this chapter may be served in the following manner:
A. 
If real property is involved, by posting notice on the property; and
B. 
By personal service; or
C. 
To the property owner, by mailing a copy of the notice by certified mail, return receipt requested, postage prepaid, to his or her address shown on the last equalized assessment roll available on the date the notice is prepared, by first class mail to the same address, and to other responsible parties at their addresses as known to the enforcement officer or at the property address. Service by regular mail under this subsection shall be deemed complete after deposit in the United States mail.
D. 
If the compliance order involves the correction of conditions to real property, which if left uncorrected could result in the demolition of the property, then notice shall be provided to all other persons with a legal interest in the property, by mailing a copy of the notice by regular mail, postage prepaid. Service under this subsection shall be deemed complete after deposit in the United States mail.
(Ord. 2011-04 §1)
A. 
If the enforcement officer determines that all violations have been corrected within the time specified in the compliance order, no further action shall be taken.
B. 
If compliance is not achieved within the time specified in the compliance order, the enforcement officer shall advise the secretary to the board to set a hearing before the board.
C. 
The secretary to the board shall cause written notice to be served on the responsible party and, where real property is involved, a notice of the hearing shall be served on the property owner at the address as it appears on the last equalized county assessment roll available on the date the notice is prepared.
(Ord. 2011-04 §1)
A. 
Every notice of hearing on a compliance order shall contain the date, time and place at which the hearing shall be conducted by the board.
B. 
Every hearing shall be set for a date not less than fifteen days or more than sixty days from the date of the notice of hearing unless the enforcement officer determines the matter is urgent or good cause exists for an extension of time.
C. 
The hearing serves to provide a full opportunity for a person subject to a compliance order to object to the determination that he or she is a responsible party, that a violation has occurred and/or that the violation continues to exist. The failure of a person subject to a compliance order to appear at a hearing shall constitute a failure to exhaust administrative remedies.
(Ord. 2011-04 §1)
A. 
At the time and place set forth in the notice of hearing, the board shall conduct a hearing on the compliance order.
B. 
The board shall consider any written or oral evidence consistent with its rules of procedure regarding the violation and compliance by the responsible party.
C. 
Subject to subsection G, within fifteen days following the conclusion of the hearing, the board shall make findings, and issue its determination regarding:
1. 
The existence of the violation.
2. 
The failure of the responsible party and/or property owner to take required corrective action within the time period stated in the compliance order.
D. 
The board shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing.
E. 
If the board finds, by majority vote, that the preponderance of evidence demonstrates a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the board shall issue an administrative order.
F. 
If the board finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the board shall issue a finding of those facts.
G. 
The findings of fact and, if applicable, the administrative order, shall be served upon the responsible party and/or property owner. Service shall be made in a manner provided for giving notice by this chapter.
(Ord. 2011-04 §1)
If the 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 described in Section 1.18.070 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 1.18.090;
C. 
Administrative costs as provided in Section 1.18.100.
(Ord. 2011-04 §1)
A. 
The board may impose administrative penalties for the violation of any provision of this code in an amount not to exceed two thousand five hundred dollars for each violation. The board may also impose, in addition and separate from the aforementioned penalty/fine late fees and administrative fees as set forth in this code or if not set forth on a reasonable basis. In total administrative penalty shall not exceed one hundred thousand dollars exclusive of administrative costs, interest, late fees, and restitution for compliance inspections.
B. 
In determining the amount of the administrative penalties, the board may take any or all of the following factors into consideration:
1. 
The duration of the violation;
2. 
The frequency, recurrence, and number of violations;
3. 
The seriousness of the violation;
4. 
The good faith efforts of the responsible party and/or property owner to come into compliance;
5. 
The economic impact of the penalty on the responsible party and/or property owner;
6. 
The impact of the violation on the community;
7. 
Such other factors as justice may require.
C. 
Administrative penalties imposed by the board shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the enforcement officer or the board.
D. 
The board, in its discretion, may suspend the imposition of administrative penalties for any period of time during which:
1. 
The responsible party and/or property owner has applied for necessary permits; and
2. 
Such permits are necessary to achieve compliance; and
3. 
Such permit applications are actively pending before the city, state, or other appropriate governmental agency.
E. 
Administrative penalties assessed by the board shall be due by the date specified in the administrative order.
F. 
If the violation is not corrected as specified in the administrative order and no suspension is in effect, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in subsection A of this section.
G. 
If the responsible party and/or property owner gives written notice to the enforcement officer that the violation has been corrected and if the enforcement officer finds that compliance has been achieved, the enforcement officer shall deem the date the written notice was postmarked or personally delivered to the enforcement officer or the date of the final inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to the enforcement officer, the violation will be deemed corrected on the date of the final inspection.
(Ord. 2011-04 §1; Ord. 2022-02 §2)
The board shall assess administrative costs against the responsible party and/or property owner when it finds that a violation has occurred and that compliance has not been achieved within the time specified in the compliance order.
(Ord. 2011-04 §1)
Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the board may be enforced as:
A. 
A personal obligation of the responsible party; and/or
B. 
If the violation is in connection with real property, a special assessment or lien against the real property as provided for in Section 1.18.160. The special assessment or lien shall remain in effect until paid in full.
(Ord. 2011-04 §1)
The city may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a special assessment or lien. Collection costs shall be in addition to any penalties, interest and/or late charges imposed on the delinquent obligation. Collection costs imposed under this section shall be added to and become a part of the underlying obligation.
(Ord. 2011-04 §1)
If the enforcement officer determines that compliance with the administrative order has been achieved, he or she shall file a compliance report with the board and serve the responsible party and/or property owner with the compliance report by personal delivery or by first class mail.
(Ord. 2011-04 §1)
A. 
If the enforcement officer does not file a report pursuant to Section 1.18.130, a responsible party and/or property owner who believes that compliance with the administrative order has been achieved may request a compliance hearing before the board by filing a request for a hearing with the board.
B. 
The hearing shall be noticed and conducted in the same manner as a hearing on a compliance order as provided in Sections 1.18.060 and 1.18.070.
C. 
The board shall determine the dispute as follows:
1. 
If compliance has been achieved, when it was achieved, and what relief, if any, the responsible party and/or property owner may be entitled.
2. 
If compliance has not been achieved, to what extent has it not. Further, for good cause shown, the board may amend or modify its original order.
(Ord. 2011-04 §1)
Any person affected by the decision of the board may appeal the decision to the Superior Court of Stanislaus County within twenty days of the decision or service of the administrative order. The appeal shall be governed by the provisions of Government Code Section 53069.4.
(Ord. 2011-04 §1)
When a violation involves real property and the amount of any administrative penalties and/or administrative costs imposed by the board pursuant to this chapter in connection with real property has not been satisfied in full within sixty days or such other time limit set forth in the administrative order, and/or has not been successfully challenged by a timely appeal as provided in Section 1.18.150, this obligation may be recorded as a lien upon and against the real property on which the violation occurred, and/or collected as a special assessment. The lien and/or special assessment shall be imposed pursuant to the procedure set forth in Chapter 8.12, Nuisances, of the Waterford Municipal Code.
(Ord. 2011-04 §1)
A. 
Each responsible party against whose property an assessment is levied pursuant to this chapter shall also be assessed an administrative fee based on the costs incurred in levying the assessment. The administrative fee shall be included in the lien amount and recorded against the responsible party's property.
B. 
Once payment in full is received by the city for outstanding penalties and costs, the city clerk or the finance officer shall provide the responsible party or financial institution with a notice of satisfaction so that they may record this notice with the office of the county recorder of the county of Stanislaus. Such notice of satisfaction shall cancel the city's lien.
(Ord. 2011-04 §1)
The lien may be foreclosed and the real property sold by the filing of a complaint for foreclosure in a court of competent jurisdiction and the issuance of a judgment to foreclose. There shall be no right to trial by jury. The city shall be entitled to its attorney fees and costs.
(Ord. 2011-04 §1)
The lien may be redeemed by the payment in full of all amounts secured by the lien within six months after the lien is recorded and notice of the right to redeem is given to the property owner.
(Ord. 2011-04 §1)
If it is determined by the city council that the administrative penalties and costs set forth in the board's administrative order should become a personal obligation of the violator, it may direct that a petition be filed with a court of competent jurisdiction to enter said order as a judgment of that court. The city shall be entitled to its attorney fees and costs.
(Ord. 2011-04 §1)
Interest shall accrue on all amounts declared due by the appeals hearing board, and unpaid, from the date of the administrative order to the date paid pursuant to the laws applicable to civil money judgments.
(Ord. 2011-04 §1)
The city council may, by resolution, adopt such rules and regulations for the administration and interpretation of this chapter as it may consider proper.
(Ord. 2011-04 §1)