This chapter establishes procedures for enforcement of the provisions of this title. The enforcement procedures set forth are intended to assure due process of law in the abatement or correction of nuisances and violations of this title.
(Ord. 68 § 9-8.101, 1983)
The responsibility for the enforcement of the provisions of this title is assigned as follows:
(a) 
Atascadero Police Department. It is the duty of the Atascadero Police Department and of all officers of the City otherwise charged by law to enforce this title and all its provisions.
(b) 
Enforcement Officer. The Planning Director, or designee of the Director, shall act as Enforcement Officer to enforce this title and all its provisions. The Enforcement Officer has the following responsibilities and powers in the enforcement of this title:
(1) 
To review with affected individuals the provisions of this title through initiation of administrative remedies and other methods to achieve voluntary compliance with its provisions;
(2) 
To issue citations for violations of this title when he or she determines that voluntary compliance cannot be achieved;
(3) 
To initiate all necessary proceedings to forfeit bond or cash deposits or similar guarantees;
(4) 
To initiate proceedings to revoke approvals or conditional approvals granted under this title;
(5) 
To initiate and conduct nuisance abatement proceedings and to carry out additional abatement responsibilities regarding violations of this title.
(Ord. 68 § 9-8.102, 1983)
The Enforcement Officer may issue a citation to any person who violates any of the provisions of this title. Issuance of a citation shall be pursuant to Chapter 4 of Title 1 of this Code. Penalties for violation are established by Chapter 3 of Title 1 of this Code.
(Ord. 68 § 9-8.103, 1983)
Hearings conducted for the purposes of revocation of approval or conditional approval, nuisance abatements, or appeals on the forfeiture of bonds shall be conducted as follows:
(a) 
Hearing Body. A revocation hearing or forfeiture hearing shall be held before the Planning Commission; nuisance abatement hearings shall be held before the City Council.
(b) 
Conduct of Hearing. The appropriate hearing body shall conduct an Enforcement Hearing as follows:
(1) 
The hearing body shall hear sworn testimony and shall consider other evidence concerning the conditions constituting cause to revoke approval or conditional approval, to forfeit bond, or to abate a nuisance.
(2) 
Respondents to enforcement actions may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine witnesses.
(3) 
The hearing need not be conducted according to technical rules relating to evidence and witnesses and may be continued from time to time.
(4) 
The hearing body shall deliberate upon the evidence and make findings upon such evidence to support any action of the hearing body to revoke approval or conditional approval, abate a nuisance, or deny an appeal on the forfeiture of a bond. Thereafter, the hearing body shall issue its order to the respondent.
(c) 
Notice of Hearing. Notices required under this chapter shall be given by the Enforcement Officer as follows:
(1) 
A copy of the notice shall be either served personally or by mail, postage prepaid, certified, return receipt requested, to the owner of the affected premises as shown on the last equalized assessment roll, the permittee or tenant, a minimum of 10 days prior to the hearing. If no address can be found or is known to the Enforcement Officer, then the notice shall be mailed to such person at the address of the premises affected by the proceedings. The failure of any person to receive the notice does not affect the validity of any proceedings taken hereunder.
(2) 
A copy of the notice is to be prominently and conspicuously placed upon the premises affected by the enforcement proceedings.
(d) 
Content of Notice. Notices to revoke approvals or conditional approvals, abate nuisances, or forfeit bonds shall contain the following:
(1) 
A heading reading "Notice of Revocation Hearing," "Notice of Forfeiture Hearing," or "Notice of Nuisance Abatement Hearing";
(2) 
A description of the violation which is causing the enforcement action to be taken;
(3) 
The date, time and place of the hearing.
(Ord. 68 § 9-8.104, 1983)
The Enforcement Officer may initiate proceedings to revoke the approval of any entitlement issued pursuant to this title in any case where a use of land has been established or conducted in a manner which violates or fails to observe the provisions of this title or to continuously comply with a condition, or conditions of approval. The Enforcement Officer may initiate procedures to forfeit all or a portion of a bond or cash deposit (Section 9-2.121).
(a) 
Notification. The Enforcement Officer is to notify the property owner, permittee or tenant as provided by Section 9-8.104.
(b) 
Action to Revoke. If after the revocation hearing the Planning Commission finds that grounds for revocation have been established, the Planning Commission may:
(1) 
Allow additional time to correct the violation or noncompliance;
(2) 
Modify conditions of approval on the basis of evidence presented at the hearing; or
(3) 
Revoke the approval or conditional approval.
(c) 
Action to Forfeit Bond. If after the forfeiture hearing, the Planning Commission finds that grounds for forfeiture have been established, the Planning Commission may:
(1) 
Allow additional time to correct the violation or noncompliance; or
(2) 
Modify the conditions requiring the performance guarantee; or
(3) 
Declare that the bond shall be forfeited.
(d) 
Appeal. The decision of the Planning Commission may be appealed pursuant to Section 9-1.111(b). Upon appeal, revocation or forfeiture does not take effect until affirmed by the City Council. In the absence of any appeal, a revocation or forfeiture is to take effect 14 days after the decision of the Planning Commission.
(e) 
Use After Revocation. When any approval or conditional approval has been revoked, no further development or use of the property authorized by the revoked entitlement may be continued, except pursuant to approval of a new application.
(Ord. 68 § 9-8.105, 1983)
A nuisance is any of the following:
(a) 
Any condition declared by a statute of the State or ordinance by the City to be a nuisance.
(b) 
Any public nuisance known at common law or equity.
(c) 
Any condition dangerous to human life, unsafe, or detrimental to the public health or safety.
(d) 
Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of this title.
(Ord. 68 § 9-8.106, 1983)
The Enforcement Officer may initiate proceedings to abate nuisances (see Section 9-8.106) as follows:
(a) 
First Notice of Nuisance. Upon the determination by the Enforcement Officer that a nuisance exists, a Notice of Nuisance shall be prepared with copies thereof to be served either personally or by mail, postage prepaid, certified, return receipt requested, to the owner of said affected premises as shown on the last equalized assessment role, or the tenant. If no address can be found or is known to the Enforcement Officer, then the notice shall be mailed to such person at the address of the premises affected by the proceedings. The failure of any person to receive the notice does not affect the validity of any proceedings taken hereunder. A copy of the Notice of Nuisance shall be prominently and conspicuously placed upon the premises affected by the nuisance proceedings. Where the Enforcement Officer has determined that the condition causing the nuisance is imminently dangerous to human life or limb, or to public health or safety, the Enforcement Officer may include in the first notice an order that the property, building or structure affected be vacated pending correction or abatement of the conditions causing the nuisance.
(1) 
Content of First Notice of Nuisance.
(i) 
A legal description and street address, assessor's parcel number, or other description sufficient to identify the premises affected.
(ii) 
A description of the condition causing the nuisance. Where the Enforcement Officer has determined that the condition causing the nuisance can be corrected or abated by repair or corrective action, the notice shall state the repairs or corrective actions that will be required and the time limit within which the nuisance must be corrected.
(iii) 
An order to complete abatement of the nuisance within 30 days.
(iv) 
A statement that if the nuisance is not corrected as specified, a hearing will be held before the Atascadero City Council to consider whether to order abatement of the nuisance and levy a special assessment, which may be collected at the same time and in the same manner as is provided for the collection of ordinary taxes pursuant to Section 25845 of the Government Code. Special assessments shall be subject to the same penalties, interest and procedures of foreclosure and sale in the case of delinquency as is provided for ordinary taxes.
(b) 
Notice of Nuisance Abatement. If, upon the expiration of the period specified in the First Notice of Nuisance, action to abate the nuisance has not been commenced, or, if it has been commenced, it has not been pursued with due diligence nor completed within the time specified, the Enforcement Officer shall prepare a Notice of Nuisance Abatement and serve such notice. The hearing shall be scheduled before the City Council at a stated time and place not less than 15 nor more than 30 days after service of the notice to show cause why stated conditions should not be found to be a nuisance and why the nuisance should not be abated by the Enforcement Officer.
(1) 
Content of Abatement Notice. The Notice of Nuisance Abatement shall contain the following:
(i) 
The information specified in Sections 9-8.104(d)(1) and (3).
(ii) 
The information specified in subsections (a)(1)(i), (iii) and (iv) of this section.
(c) 
Abatement Action. A decision to abate a nuisance shall be reached through a hearing (Section 9-8.104). Upon the conclusion of the hearing, the Council may terminate the abatement proceedings or it may order the owner or other affected person to abate the nuisance prescribing a reasonable time (not less than 30 days) for completion of abatement. The order may further provide that, in the event abatement is not commenced, conducted and completed in accordance with the terms set by the City Council, the Enforcement Officer is empowered and authorized to abate the nuisance. The order of the City Council shall be served by mail, postage prepaid, certified, return receipt requested to the owner of said affected premises as shown on the last equalized assessment roll. The time limits set by the City Council are to begin upon service of the notice.
(d) 
Abatement Penalties and Costs. Upon expiration of the time limits established as set forth in subsection (c) of this section, the Enforcement Officer shall acquire jurisdiction to abate the nuisance and carry out the following as appropriate.
(1) 
Disposal of Materials. Any materials in or constituting any nuisance abated by the Enforcement Officer may be disposed of or, if directed by the Council, sold in the same manner as surplus City personal property is sold.
(e) 
Account of Costs and Receipts and Notice of Assessment. The Enforcement Officer will keep an itemized account of the costs of enforcing the provisions of this title and of the proceeds of the sale of any materials connected therewith. Upon completion of abatement, the Enforcement Officer shall prepare a notice to be served by mail, postage prepaid, certified, return receipt requested, to the owner as shown on the last equalized assessment roll specifying:
(1) 
The work done;
(2) 
An itemized account of the costs and receipts of performing the work;
(3) 
An address, legal description, or other description sufficient to identify the premises;
(4) 
The amount of the assessment proposed to be levied against the premises, or the amount to be refunded, if any, due to excess proceeds over expenses;
(5) 
The time and place where the Enforcement Officer will submit the account to the Council for confirmation. The time and place specified shall be not less than 15 days after service of the notice;
(6) 
A statement that the Council will hear and consider objections and protests to said account and proposed assessment or refund.
(f) 
Hearing on Account and Proposed Lien. At the time and place fixed in the notice, the Council will hear and consider the account and proposed assessment, together with objections and protests thereto (Section 9-8.104). At the conclusion of the hearing, the City Council may make such modifications and revisions of the proposed account and lien as it deems just and may order the account and proposed lien confirmed or denied, in whole or in part, or as modified and revised. The determination of the City Council as to all matters contained therein is final and conclusive. The City Manager must give notice of the City Council's decision on the assessment of the costs of abatement by certified mail to the property owner and to any responsible person.
(g) 
Notice of Lien. Upon confirmation of an assessment by the Council, the Enforcement Officer is to prepare and have recorded in the office of the County Recorder of San Luis Obispo County a notice of lien. The notice is to contain:
(1) 
A legal description, address and/or other description sufficient to identify the premises;
(2) 
A description of the proceeding under which the special assessment was made, including the order of the Council confirming the assessment;
(3) 
The amount of the assessment;
(4) 
A claim of lien upon the described premises.
(h) 
Lien. Upon the recordation of a notice of lien, the amount claimed shall constitute a lien upon the described premises, pursuant to Section 25845 of the Government Code. Such lien is to be at a parity with the liens of State and County taxes.
(i) 
Collection with Ordinary Taxes. After recordation, the Notice of Lien is to be delivered to the County Auditor, who will enter the amount of the lien on the assessment roll as a special assessment. Thereafter, the amount set forth is to be collected at the same time and in the same manner as ordinary County taxes and is subject to the same penalties and interest and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary County taxes; all laws applicable to the levy, collection and enforcement of County taxes are made applicable to such assessment.
(j) 
Summary Abatement Procedure. Notwithstanding any other provision of this Code, when ever the Enforcement Officer determines that a public nuisance exists within the City and that nuisance constitutes an imminent hazard or danger to public health or safety, the Enforcement Officer, without observing the provisions of this chapter with regard to abatement procedures, may take the following steps to abate the nuisance: (1) give the property owner written notice by U.S. mail, and if reasonable under the circumstances, serve personal notice upon the property owner, of the public nuisance, the City's proposed timing and method of the abatement, and the City's intent to collect the abatement costs as lien against the property subject to collection as property taxes; (2) following notice to the property owner, take all necessary and reasonable steps to cause the abatement of such nuisance in such manner as the Enforcement Officer determines is reasonably required; (3) promptly report any such emergency abatement action to the City Council; and (4) cause to be maintained an itemized account of the costs incurred by the City in abating the imminently dangerous condition. Such costs may be recovered by the City in the same manner that abatement costs are recovered pursuant to subsections (e) through (i) of this section.
(Ord. 68 § 9-8.107, 1983; Ord. 535 § 2, 2008; Ord. 537 § 1, 2008)
No person shall hinder, interfere with or impede the Enforcement Officer in the performance of duties assigned by this title or other titles of this code.
(Ord. 68 § 9-8.108, 1983)