Whenever the city manager determines that a violation of the
Nuisance Abatement Code, or other provisions of the city code, or
applicable laws has occurred or is occurring, the city manager shall
have the authority to issue a notice of administrative violation to
any responsible party.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
A.
Where
multiple violations have occurred or are occurring, each violation
of the Nuisance Abatement Code or other applicable laws shall be subject
to a separate penalty.
B.
A code enforcement officer/police officer shall not have the authority to void any notice of administrative violation until after a meeting with the officers' supervisor as provided for in Section 19.20.010. If a notice of administrative violation is voided, the city manager shall provide written justification for such action to the city manager.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
Any one of the following penalties shall be available to redress
violation of the Nuisance Abatement Code, or other provisions of the
city code, or applicable laws:
A.
Revocation
and/or suspension of licenses or permits, conditional use permits
or other entitlements issue by the city of West Sacramento;
B.
The
placement of requirements for corrective action on permits, licenses
or entitlements issued by the city of West Sacramento as a condition
to avoid revocation of the permit, license or entitlement;
D.
The
issuance of a compliance order setting forth corrective action.
(Ord. 03-1 § 2)
The following factors shall be considered in determining the
appropriate penalties for any administrative violation:
A.
The
knowing violation of the Nuisance Abatement Code, or other provisions
of the city code, or other applicable laws;
B.
A final determination of prior violations of the Nuisance Abatement Code or other applicable laws within twelve months of the date of the most recently issued notice of administrative violation. Violations of a similar nature shall be given additional weight in evaluating the appropriate penalties as provided for in Section 19.20.012;
C.
Efforts
by the person/entity found to have violated the Nuisance Abatement
Code or other applicable laws to take remedial action upon notice
of a violation;
D.
Any
financial gain realized by a responsible party as a result of an administrative
violation;
E.
The
extent to which the violation undermines the purpose of the ordinance
violated;
F.
The
number of other violations existing at the time of the issuance of
the notice of administrative violation;
G.
The
costs incurred by the city for remedial action taken by the city manager;
H.
The
degree and permanence of harm to health, safety and/or the environment
caused by the violation, including, but not limited to, any loss of
life to person or animal; and;
I.
The
amount it would have cost the responsible party to comply with the
law.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
Administrative enforcement of the provisions of the Nuisance
Abatement Code and other applicable laws shall be limited to cases
where: (1) specific bona fide service requests have been received;
or (2) where the city manager has sufficient evidence to support the
issuance of a notice of administrative violation. No notice to abate
or notice of administrative violation shall be issued pursuant to
a service request until the city manager has conducted an independent
investigation and determined that there is good cause to believe that
a violation of the Nuisance Abatement Code or other applicable laws
has occurred. The city manager shall keep a record of all service
requests.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
Whenever a violation is discovered which can be corrected and the responsible party has not been issued a notice to abate or notice of administrative violation for the same violation within the past twelve months, the code enforcement officer shall issue a notice to abate in order to notify the responsible party of the violation and to order that the violation be corrected within a reasonable time. Unless a different period is specifically set forth in the notice to abate or the notice of administrative violation, ten days shall be considered a reasonable time to correct any violation. If the violation is related to a permit, license or other city approval of a project, the notice to abate may be accompanied by a stop order, which orders the responsible party to immediately stop any and all work on the project that is subject to the permit, license or approval until the violation is corrected. The notice to abate shall be served in accordance with the provisions of Chapter 19.05 of this code.
(Ord. 03-1 § 2)
A notice of administrative violation may be issued under any
of the following circumstances:
A.
When
the violation cannot be corrected;
B.
When
the violation can be corrected, a notice to abate has been served,
and the specified time has passed without adequate correction of the
violation;
C.
When
a stop order has been issued and has not been complied with by the
responsible party;
D.
When
the same violation has been committed by the same responsible party
within the past twelve month and a notice to abate or notice of administrative
violation has been served on the responsible party within that same
twelve month period; and,
E.
Continuing
violations relating to plumbing, electrical, or other similar structural
or zoning issues.
(Ord. 03-1 § 2)
Any notices required under this chapter shall be served by personal
delivery to the responsible party or by certified mail, return receipt
requested, to the last known address of the responsible party. If
the responsible party is not present for personal delivery, if certified
mail is refused, or if the location of a responsible party cannot
be determined after diligent efforts, notices may be posted in a conspicuous
place on the affected property for a period of ten days and by mailing
first class to the last known address. When there is no affected property,
such alternative service shall be accomplished by publication of any
notices in a newspaper of general circulation that is most likely
to give actual notice to the responsible party two times in a ten-day
period and by mailing first class to the last known address.
A.
Form and Content. The notice of administrative violation shall be in writing and shall set forth the facts constituting the violation, including the date and location of the violation, the specific provisions of the law which have been violated, the proposed penalties for the violation as specified in Section 19.20.003 of this chapter, and the rights that the responsible party has to appeal the notice of administrative violation, and the name and signature of the city representative issuing the notice.
When a notice of administrative violation is served for the conditions described in Section 19.20.007(E) of this chapter, the notice shall also include the following information:
B.
Effective
Date of Service. Service of a notice of administrative violation by
personal delivery shall be effective on the date such delivery occurs.
Service by mail in any of the manners provided herein shall be effective
as of the date the notice of administrative violation is placed in
the mail.
(Ord. 03-1 § 2)
Any compliance obligations that may be imposed as the result
of a notice to abate, a stop order or notice of administrative violation
shall be stayed if a timely request for hearing is filed and until
a final decision after the hearing is completed unless an emergency
situation affecting the safety or preservation of life or property
exists. The neighborhood enhancement specialist shall provide written
justification for invoking an emergency situation exception under
this section to the responsible party within twenty-four hours of
taking the action to correct the emergency situation.
(Ord. 03-1 § 2)
The parties may, but are not required, to agree to mediation
between the city manager and any responsible party either before or
after any hearing, which mediation shall be presided over by an impartial
mediator.
The purpose of the mediation shall be to provide an opportunity
for the city manager and a responsible party to reach mutual agreement
upon steps to achieve compliance with the Nuisance Abatement Code
and/or other applicable laws. If the parties agree to mediation, the
city manager shall appoint a volunteer mediator to assist in the resolution
of the dispute. However, if a trained volunteer mediator is not available,
the parties, upon mutually agreeable terms, may appoint an agreed
upon mediator. The hearing may be postponed until completion of the
mediation if both parties agree to the postponement. The city will
solicit members of the community to act as volunteer mediators and
shall provide them with training in mediation skills. Mediators will
not receive compensation but shall be recognized publicly for their
service to the community. If the city manager and the responsible
party reach agreement on a compliance plan, that agreement shall be
placed in writing and shall be signed by the city manager, the responsible
party and the mediator. If the terms of the agreement are violated,
the city manager shall serve a notice of administrative violation
as provided for in this chapter.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
Except as provided below, the amounts of the penalties for violations
of Nuisance Abatement Code and applicable laws shall be set forth
in the schedule of fines established by resolution of the city council.
A.
Increased
Fines for Repeat Violations. The schedule of fines shall specify any
increased fines for repeat violations of the same provisions by the
same person within one year from the date of issuance of a prior notice
of administrative violation for such violation.
B.
Charges
for Late Payment. Any responsible party who fails to pay to the city
any fine imposed pursuant to the provisions of this chapter on or
before the date that fine is due shall also be liable for the payment
of any applicable late payment charges set forth in the schedule of
fines.
C.
Maximum
Monetary Penalty Amounts. Pursuant to Government Code Section 36901,
the hearing officer may impose administrative penalties for violations,
which would not otherwise be deemed infractions under this code, in
a maximum amount not to exceed one thousand dollars per day for each
ongoing violation, except that the total administrative penalty shall
not exceed one hundred thousand dollars exclusive of administrative
costs, interest and restitution for compliance reinspections, and
for any related series of violations.
(Ord. 03-1 § 2)
Monetary penalties levied against a responsible party are due
at the following times:
A.
If an appeal is not filed in relation to the notice of administrative violation pursuant to Section 19.20.015 of this chapter, the monetary penalty set out in the notice shall be due and payable thirty days after service of the notice.
B.
If an appeal is filed pursuant to Section 19.20.015 and there is no appeal of the hearing decision to a court pursuant to Section 19.20.022 of this chapter, any monetary penalty imposed shall be due and payable ninety days after either: (1) the date of service of the hearing officer's decision; (2) an order by the hearing officer dismissing the appeal; or (3) the date the appeal request is withdrawn by the responsible party, whichever occurs latest. The amount of penalty payable shall be the amount set by the hearing officer in a decision after hearing, or the amount set forth in the notice of administrative violation if there is no hearing decision.
C.
If there is judicial review of the hearing officer's decision pursuant to Section 19.20.023 of this chapter, any monetary penalty imposed shall be due and payable thirty days after the date of the final court order in relation to that review. The amount due shall be the amount ordered by the hearing officer unless a court modifies the amount of monetary penalty.
D.
For notices of administrative violation issued pursuant to Section 19.20.007(E) of this chapter, the monetary penalties are due and payable thirty days after the issuance of the hearing officer's decision.
(Ord. 03-1 § 2)
All monetary penalties shall be paid to the city and delivered
to the city finance department. A copy of the notice of administrative
violation, or the decision of the hearing officer or the court decision
establishing the amount of the monetary penalty shall accompany all
payments. The finance department shall prepare a receipt documenting
the payment of the monetary penalty and shall forward one copy of
the receipt to the city manager and one copy of the receipt to the
city clerk. The city clerk shall thereafter verify that the penalty
has been paid in full. If the penalty has been paid in full, the city
clerk shall so note in the records pertaining to the administrative
violation. If the penalty has not been paid in full, the city clerk
shall notify the city manager and responsible party in writing.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
A.
Any recipient of a notice of administrative violation issued pursuant to Section 19.20.007(A)—(D) of this chapter, may contest the charges contained therein by submitting a written appeal request to the city clerk within thirty days from the date of service of the notice. The written appeal request must be submitted together with an advance deposit of the monetary penalty or with notice that a request for a hardship waiver has been filed pursuant to Section 19.20.017 herein.
B.
The
written appeal request shall contain the following information:
1.
A
brief statement of the material facts which the appellant claims support
his or her/its contention that an administrative monetary penalty
is not warranted or that the amount of the administrative monetary
penalty is not warranted; and
2.
An
address at which the appellant agrees to receive notice, by first
class postage prepaid mail, of any additional proceedings relating
to the imposition of the administrative monetary penalties.
(Ord. 03-1 § 2)
Any appeal hearing shall be set no sooner than twenty days following the filing of a request for an appeal hearing in accordance with the provisions herein and no more than sixty days from the date such request is filed. The hearing will be conducted in the manner set forth in Section 19.05.009 of this code.
(Ord. 03-1 § 2)
Any responsible party who intends to request a hearing to contest the order imposing administrative fines and who is financially unable to make the advance deposit of the fine as required by Section 19.20.015 herein, may file a written request for a hardship waiver with the hearing officer on a form provided by the city. The form must be submitted to the hearing officer within ten days of the date of service of the order imposing administrative fines. The form must be submitted together with a sworn affidavit and supporting documents, demonstrating to the satisfaction of the hearing officer that the responsible party is financially unable to deposit the full amount of the fine in advance of the hearing.
The requirement of depositing the full amount of the fine in
advance of the hearing shall be stayed unless the hearing officer
makes a written determination, based upon documented facts and findings,
not to issue the hardship waiver. If the hearing officer determines
not to issue a hardship waiver, the responsible party shall submit
the required deposit to the city within ten days of service of the
hearing officer's decision or within thirty days from the date of
service of the order imposing administrative fines, whichever occurs
later.
(Ord. 03-1 § 2)
Following the hearing specified in Section 19.20.016, the hearing officer shall serve written notice of his or her determination on the responsible party by first class postage prepaid mail to the address provided in the written appeal submitted pursuant to Section 19.20.015.
(Ord. 03-1 § 2)
A hearing officer may, in his or her discretion and by written
decision, suspend the imposition of applicable penalties for any period
of time during which:
A.
The
responsible party has filed for necessary permits;
B.
Such
permits are required to achieve compliance; and
C.
Such
permit applications are actively pending before the city, state or
other appropriate governmental agency.
(Ord. 03-1 § 2)
If the responsible party gives written notice to the city manager
that the violation has been corrected and if the city manager finds,
upon final inspection, that compliance has been achieved, the city
manager shall deem the date the written notice was postmarked or personally
delivered to the city manager 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 city manager, the violation
will be deemed corrected on the date of the final inspection.
If the city manager determines that compliance has been achieved after the hearing officer has issued a decision ordering compliance, the city manager shall file a report with the hearing officer indicating that compliance has been achieved. If the city manager does not file the required correction report, a violator who believes that compliance has been achieved may request a compliance hearing before the hearing officer by filing a request for a hearing with the city clerk. The hearing shall be noticed and conducted in the same manner as set forth in Section 19.20.018 of this chapter. The hearing officer shall determine if, and when, was achieved.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
A.
Administrative
penalties and costs assessed by the hearing officer shall be due,
as specified in 19.20.013, or by the date specified in the hearing
officer's order. Administrative penalties and costs assessed by the
hearing officer are a debt owed to the city and, in addition to all
other means of enforcement, may be enforced by means of a lien against
the real property on which the violation occurred. Failure to pay
the specified penalties and costs may be enforced as:
B.
The lien shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full. The city may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien in accordance with Section 19.05.016 of this code.
(Ord. 03-1 § 2)
Pursuant to Government Code Section 53069.4, an appeal of the
hearing officer must be taken within twenty days after service of
the hearing officer's decision.
(Ord. 03-1 § 2)
In the event a civil action is commenced by the city to collect
the administrative penalties and costs, the city shall be entitled
to recover reasonable costs, inclusive of attorneys' fees, relating
to the action.
(Ord. 03-1 § 2)
Administrative penalties shall accrue interest at the same annual
rate as any civil judgment. Interest shall accrue commencing on the
26th day following service of the hearing officer's written decision.
(Ord. 03-1 § 2)
