This Chapter establishes provisions for enforcement of this Code and any conditions of a permit or approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City. This Chapter puts all persons on notice of the proceedings and penalties involved if any provision of this Code is violated. Penalties are established in LMC Section 1.24.010 (General Penalty—Continuing Violation).
(Ord. 1670(19) § 11)
All City departments, officials, and public employees of the City who are assigned the authority or duty to issue certificates, permits, or licenses shall comply with the provisions of this Code and shall not issue a license or permit for purposes, structures, or uses which would conflict with the provisions of this Code.
(Ord. 1670(19) § 11)
A. 
Responsibility of Director. The Director shall exercise the authority provided in the California Penal Code, and issue Notices of Violation, Stop Work Orders, and citations for any violations of this Title pertaining to the use of any land, and the addition, alteration, construction, conversion, erection, installation, moving, reconstruction, or use of any structure. Any designee of the Director shall have the same authority as the Director.
B. 
Police Chief and City Attorney Responsibility. The Police Chief and City Attorney shall render any and all necessary assistance to the Director for the enforcement of this Code.
(Ord. 1670(19) § 11)
A. 
Access. City officials responsible for enforcement or administration of this Code or their duly authorized representatives may, upon the presentation of proper credentials to the occupant or owner, and with the occupant's or owner's consent or an inspection warrant, enter any premises or property at any reasonable time for the purpose of investigating and inspecting the premises or property in order to determine compliance with this Code.
B. 
Failure to Allow Inspection. If admission or entry is refused, the City employee or official may apply to the District Attorney or City Attorney to obtain an inspection warrant.
(Ord. 1670(19) § 11)
A. 
The City may choose to undertake any one or all of the following legal actions to correct and/or abate any nuisance(s) or violation(s) of this Code.
1. 
Injunction. The City Attorney may seek injunctive relief in Superior Court to abate any violation of this Code. Injunctive relief may be sought at any time, including prior to the issuance or compliance with the Notice to Comply if, in the opinion of the Director, an alleged violation of this Code may be injurious to the public health or safety.
2. 
Abatement. The District Attorney or City Attorney shall commence action or proceedings for the abatement and removal of a public nuisance in the manner provided by law and in compliance with Chapter 17.628 (Property Nuisances). The District Attorney or City Attorney shall take such other steps necessary and apply to the court(s) with jurisdiction to grant relief to abate and remove any public nuisance arising under this Code or any other applicable State law or regulation.
B. 
All remedies contained in this Code for the handling of violations or enforcement of the provisions of this Code shall be cumulative and not exclusive of any other applicable provisions of City, County, or State law.
C. 
Should a person be convicted for the violation of the provision(s) of this Code or any permit or approval issued in compliance with this Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s).
(Ord. 1670(19) § 11)
A. 
This Section establishes procedures for the recovery of administrative costs, including City staff and City Attorney time expended on the enforcement of the provisions of this Code in cases where no permit is required in order to correct a violation. The intent of this Section is to recover City administrative costs reasonably related to enforcement in compliance with Code of Civil Procedure § 1033.5 and this Section. Procedures for the recovery of costs to abate a nuisance are described in Chapter 17.628 (Property Nuisances).
B. 
Record of Costs.
1. 
The Department shall maintain records of all administrative costs incurred by responsible City departments associated with the processing of violations and enforcement of this Code, and shall recover the costs from the property owner, tenant, and/or occupant, as appropriate, in compliance with this Section.
2. 
Staff and City Attorney time shall be calculated at an hourly rate as established and revised from time to time by the Council.
C. 
Notice.
1. 
Upon investigation and a determination that a violation(s) of any of the provisions of this Code, or any condition(s) imposed on a permit or approval is found to exist, the Director shall notify the owner of record and person having possession, occupancy, or control of the property by certified mail, of the existence of the violation(s), the Department's intent to seek full reimbursement from all responsible parties for all administrative costs, including attorney's fees, associated with enforcement, and that the owner or person will have a right to request a hearing on any objections to such costs after they are incurred.
2. 
The notice shall be in a form approved by the City Attorney and the notice shall be posted on the parcel or lot where the violation is located, in addition to any other notice requirements provided in this Code.
D. 
Summary of Costs and Notice.
1. 
At the conclusion of the case, the Director shall send a summary of costs associated with enforcement action (including any delinquent citation fees) to the owner and/or person having possession or control of the parcel or lot by certified mail.
2. 
The summary shall include a notice in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges for City cost recovery within 10 days of the date of the notice, and that if no request for hearing is filed, the hearing will be deemed to have been waived, and the responsible party will be liable for the charges.
3. 
In the event that no request for hearing is timely filed or, after a hearing the Director affirms the validity of the costs, the responsible party shall be liable to the City in the amount stated in the summary or any lesser amount as determined by the Director.
4. 
The costs shall be recoverable in a civil action in the name of the City, in any court of competent jurisdiction, or by tax assessment or a lien on the property in compliance with any applicable law including Government Code § 54988, at the City's election.
5. 
The obligation to pay any unpaid costs shall be made a personal obligation of the responsible party.
6. 
The obligation may be recovered against the responsible party through a civil action initiated by the City or its authorized collection agent, or in any other manner provided for by law.
7. 
The City shall be entitled to recover all costs related to the civil action, including the City Attorney's fees.
E. 
Attorney's Fees.
1. 
In any action or administrative proceeding to abate a nuisance, or to enjoin any nuisance or enjoin any violation of this Code, the prevailing party in the action or proceeding shall be entitled to recover reasonable attorney's fees; however, the amount of attorney's fees awarded to a prevailing party shall not exceed the amount of attorney's fees incurred by the City in the action or proceeding.
2. 
Pursuant to Government Code § 38773.5, an award of attorney's fees in compliance with this Section shall only be allowed where the City elects, at the initiation of the action or proceeding, to seek recovery of its own attorney's fees.
F. 
Request for Hearing on Costs. Any property owner, or other person having possession or control of the subject parcel or lot, who receives a summary of costs shall have the right to a hearing before the Director on his or her objections to the proposed costs.
1. 
A request for hearing shall be filed on a form provided by the Department with the Director with-in 10 days of the service by mail of the Director's summary of costs.
2. 
Within 30 days of the filing of the request, and on 10 days written notice to the owner, the Director shall hold a hearing on the owner's objections, and determine their validity.
3. 
In determining the validity of costs, the Director shall consider whether the total costs are reasonable in the circumstances of the case. Factors to be considered include:
a. 
Whether the present owner created the violation(s);
b. 
Whether there is a present ability to correct the violation(s);
c. 
Whether the owner moved promptly to correct the violation(s); and
d. 
The degree of cooperation by the owner.
4. 
The Director's decision shall be appealable directly to the Council as provided by Chapter 17.612 (Appeals).
(Ord. 1670(19) § 11)
A. 
Amount and Applicability of Reinspection Fees.
1. 
A reinspection fee shall be imposed on each person who receives a Notice to Comply, notice and order, or letter of correction of any provision of this Code, any permit or approval issued in compliance with this Code, the Municipal Code, adopted Building Code, or State law.
a. 
The fee amount shall be established by the Council.
b. 
The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.
2. 
The fee shall not apply to the original inspection to document the violation(s) and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, if the correction(s) has been made.
B. 
Continuation of the Original Case.
1. 
If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Code or the Municipal Code for less than 180 days, the violation shall be deemed a continuation of the original case, and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee.
2. 
This fee is intended to compensate for administrative costs for unnecessary City inspections, and is not a penalty for violating this Code or the Municipal Code.
3. 
Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of this Code in compliance with Municipal Code Chapters 1.24 (General Penalty and Enforcement) and 1.36 (Administrative Penalties and Citations) or costs incurred by the City for the abatement of a public nuisance, in compliance with Chapter 17.628 (Property Nuisances).
(Ord. 1670(19) § 11)