The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
"Affected property"
shall mean the lands, or portions thereof, within the City, and/or improvements on such lands, on, in, or concerning which a violation has occurred.
"This Code" or "the Code"
shall mean the Union City Municipal Code and shall include the City's Zoning Code, all incorporated Uniform Codes, and any applicable state laws and regulations.
"Day" or "days"
shall mean calendar days.
"Enforcement officer"
means the City Manager or any person who is authorized or directed by the City Manager to enforce any provision of this Code.
"Hearing body"
shall mean the City Manager, or any person or persons appointed by the City Manager to conduct a hearing authorized by this chapter.
"Owner"
shall mean the owner or owners of record of the affected property.
"Penalty"
shall mean an administrative penalty imposed by an Enforcement Officer, pursuant to Section 1.18.030 of this Code.
"Responsible party"
shall mean any natural persons, firm, association, club, organization, corporation, partnership, business trust, trustee, or entity, and the parents or legal guardian of any person under eighteen years of age, whose acts or omissions have caused or contributed to a violation of this Code, and shall include any owners, tenants, or holders of other estates or rights in, the affected property.
(Ord. 618-03 § 4, 2003)
Any Enforcement Officer shall have the authority to gain compliance with all provisions of this Code. These powers include the power to issue a notice of violation, as described below in Section 1.18.030, the power to inspect public and private property as set forth below in Section 1.18.030(B), and to seek and employ whatever remedies are available under this Code.
(Ord. 618-03 § 4, 2003)
A. 
Subject to subsection E, below, whenever an Enforcement Officer finds that a provision of this Code has been violated, including, but not limited to, a failure to comply with a condition imposed by any agreement, entitlement, permit, license or environmental document issued or approved by or on behalf of the City or the City's Successor Agency, or failure to comply with any County, State or Federal laws the violation of which constitutes a public nuisance, and such officer determines to pursue administrative enforcement of the violation pursuant to this chapter, he or she shall issue the responsible party a written notice of the violation either imposing a penalty or ordering the responsible party to appear at a hearing and show cause why such condition should not be abated by the City at the responsible party's expense ("notice of violation"). Such notice of violation shall be served on the responsible party in the manner described in subsection B, below. The Enforcement Officer shall include in the notice of violation the following information:
1. 
The date and location of the violation, including the address or other definite description of the location where the violation occurred, or is occurring;
2. 
The sections of the Code being violated and a description of each such violation;
3. 
Actions required to correct or abate the violation, and the period of time during which such required actions shall be commenced and completed, such period of time to be determined in the manner set forth in subsection D, below;
4. 
One of the following statements:
a. 
The amount of the penalty to be imposed for each violation as established by resolution of the City Council.
b. 
An order setting a time and place for hearing at which the responsible party is ordered to appear and show cause why the violations and conditions specified in the notice of violation should not be abated by the City at the responsible party's expense;
5. 
An order prohibiting the continuation or repeated occurrence of a violation of this Code described in the notice of violation;
6. 
If the notice of violation imposes a penalty, a statement that:
a. 
The responsible party may appeal the imposition or amount of a penalty by filing with the City Clerk on the form provided for that purpose a request for hearing within fifteen calendar days of the date the notice of violation is served;
b. 
If the responsible party fails to so appeal the notice of violation, no further administrative remedy will be provided and the failure to appeal shall preclude judicial review of the Enforcement Officer's determination;
c. 
Upon the imposition of a penalty becoming final after an appeal before a duly appointed hearing body, the responsible party may seek judicial review of the penalty imposed pursuant to Government Code Section 53069.4;
7. 
If the notice of violation orders the responsible party to appear for a hearing, a statement that, upon the failure to appear for the hearing, or upon the failure to correct and abate a condition which is subsequently determined to constitute a violation, the hearing body may order the violation or violations abated, and may order that the responsible party shall bear the costs of such abatement including all administrative costs incurred by the City;
8. 
The signature of the citing Enforcement Officer and City contact information (address, telephone number) for additional information.
B. 
Service of the notice of violation shall be made upon the responsible party or the owner personally or by registered or certified U.S. mail, and if by such mail to the owner it shall be sent to the last known address listed on the most recent tax assessor's records. In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of service by registered mail or certified mail, service shall be deemed complete at the time of deposit into the United States mail. Where service is by registered mail or certified mail upon the owner, a copy of the notice of violation shall be conspicuously posted at the affected property for a period of not less than three calendar days prior to the first date that commencement of corrective action or abatement is to be undertaken. The failure of any person to receive a notice of violation that was sent via registered or certified mail shall not affect the validity of any enforcement proceedings under this chapter.
C. 
Proof of service of the notice of violation shall be certified by a written declaration under penalty of perjury executed by the person effecting service, declaring the date, time, and manner that service was made, and the date and place of posting, if applicable. The declaration, along with any receipt card returned in acknowledgment of receipt by certified or registered mail, shall be affixed to a copy of the notice of violation and retained by the Enforcement Officer.
D. 
The time allowed for abatement of a violation shall be a "reasonable time" in the judgment of the Enforcement Officer, based upon the circumstances of the particular violation, taking into consideration the means required to abate the violation, the period of time that the nuisance has existed, and the potential threat to public health and safety created by the violation. If the violation pertains to building, electrical, or other similar structural or zoning issues where the violation does not create an immediate threat to health or safety, the responsible party shall be provided not less than ten calendar days in which to correct, abate, or otherwise remedy the violation before a penalty is imposed.
E. 
The failure of a notice of violation to satisfy all of the requirements of this provision shall not affect the validity of any other enforcement proceedings under this Code.
F. 
A responsible party may appeal the imposition of any penalty or the amount of such penalty by filing a request for hearing form in accordance with the provisions of Section 1.18.050 of this chapter. Enforcement of a notice of violation shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. The failure to file a timely and proper appeal shall constitute a failure to exhaust administrative remedies and preclude judicial review.
G. 
The amount of the penalty which may be imposed for each violation shall be set by a resolution duly adopted by the City Council creating a schedule of penalties, which schedule may be amended from time to time. The schedule of penalties shall include a recommended amount for any increased penalty for repeated violations of the same provisions by the same person within a twelve-month period from the date of the issuance of the first notice of violation.
H. 
Each and every day during any portion of which any violation is committed, continued, or permitted shall be deemed a separate and distinct violation for purposes of setting the amount of a penalty to be imposed. A penalty may continue to accrue on a daily basis until the violation is corrected, up to a maximum amount of five thousand dollars.
I. 
Any penalty is a debt owed to the City. In addition to all other means of enforcement, any penalty specified in the notice of violation may be enforced as a personal obligation of the responsible party. If the violation is in connection with real property, any penalty may be enforced by imposition of a lien or special assessment upon the real property. Any lien or special assessment imposed upon the real property shall remain in effect until the penalty is paid in full.
(Ord. 618-03 § 4, 2003; Ord. 820-16 § 4, 2016)
A. 
If a penalty is imposed and the responsible party fails to timely and properly appeal such imposition, the responsible party against whom a penalty is imposed shall pay any such penalty within thirty days of the imposition thereof. Any penalty imposed shall be payable to the City, or to a collection agency if the penalty has been assigned to a collection agency pursuant to subsection C, below.
B. 
If the amount of any penalty imposed for a violation relating to real property has not been satisfied in full within sixty days of the date due and has not been successfully challenged in court, the penalty amount may become a special assessment and lien against the affected property, as provided in Section 1.12.050 of this chapter. If the City elects to make the amount of any penalty a special assessment or lien against the affected property, a statement of the amount due, and any additional costs or expenses that might be recoverable as part of the enforcement action, shall be prepared and submitted to the City Council for confirmation in accordance with the procedures described in Section 1.12.050.
C. 
Notwithstanding subsection B, the amount of any unpaid penalty may be collected by commencement of a civil action to collect such penalty, or in any other manner provided by law for the collection of debts, including assignment of the debt to a collection agency. Subject to the requirements of this chapter and other applicable law, amounts assigned for collection are subject to collection agency rules, regulations and policies. The City shall be entitled to recover any and all costs associated with collection of any such penalty.
D. 
The payment of a penalty by or on behalf of any responsible party shall not relieve such party from the responsibility of correcting, removing or abating the violation, nor prevent further proceedings under this chapter or any other lawful authority to achieve the enforced correction, removal or abatement of the violation.
(Ord. 618-03 § 4, 2003)
A. 
Any person appealing a notice of violation must obtain a "request for hearing" form from the City Clerk and return it fully completed within fifteen days from the date of service of the notice of violation. At the time of returning the form to the City Clerk, the person or entity requesting the appeals hearing shall pay an appeals processing fee established by the City Council. Failure to submit a completed form or to pay the appeals processing fee constitutes a waiver of the right to appeal the notice of violation and a failure to exhaust administrative remedies.
B. 
The hearing on appeal shall be set for a date not less than fifteen days nor more than sixty days from the date the request for hearing form is filed, unless the Enforcement Officer determines that the matter is urgent or that good cause exists for an extension of time, in which case the date for such hearing may be shortened, or extended, as warranted by the circumstances.
C. 
The hearing set pursuant to an order in the notice of violation shall be set for a date not less than fifteen days nor more than sixty days from the date the notice of violation is served, unless the Enforcement Officer determines that the matter is urgent or that good cause exists for an extension of time, in which case the date for such hearing may be shortened, or extended, as warranted by the circumstances.
D. 
A hearing under authority of this section shall be conducted according to the procedures set forth in this subsection. The failure of any interested party to appear at the hearing shall constitute a waiver of the right to such hearing and a failure by such party to exhaust their administrative remedies.
1. 
When a request for hearing is filed, the Enforcement Officer shall set the time and place for hearing pursuant to subsection C, and shall serve a notice of hearing by regular mail to the appellant at the address provided in the request for hearing form. The time for such hearing shall be no sooner than ten days from the date of said notice of hearing.
2. 
Where the time and place for a hearing has been set pursuant to an order in the notice of violation, the time and place for hearing shall be as provided therein, and no further notice of hearing shall be required.
3. 
At the place and time set forth in the notice of hearing, or notice of violation, the hearing body shall conduct a hearing on the alleged violations and/or the imposition and amount of any penalty. The hearing body shall provide for any interested person or persons to appear and object to the determination that a violation has occurred and/or that the violation continues to exist, or any matter pertaining to any penalty. The hearing body may consider any written or oral testimony and evidence regarding the violation or penalty presented by the alleged violator, the owner, any officer, employee, or agent of the City, and any other interested party.
4. 
After receiving all of the evidence presented, the public portion of the hearing shall be closed. The hearing body may then deliberate and consider what action, if any, should be taken, or may adjourn the hearing and take the matter under consideration.
5. 
Within thirty days following the conclusion of the hearing, the hearing body shall issue written findings and make a determination regarding the existence of the violation and/or the failure of the responsible party to take required corrective action within the specified time period, or the validity of any penalty imposed. If the hearing body finds by a preponderance of the evidence that a violation occurred, or that a violation was not corrected within the time period specified in the notice of violation, the hearing body shall issue its decision, including any administrative order, in accordance with Section 1.18.060, below. If the hearing body finds that no violation occurred, that the violation was corrected within the specified time period, or that the appellant is not the responsible party, the hearing body shall issue a decision with written findings of those facts.
6. 
The appellant shall be served with a copy of the decision of the hearing body, including an administrative order if one is issued, in the manner and method set forth in Section 1.18.030(B), above.
(Ord. 618-03 § 4, 2003)
A. 
The hearing body considering an appeal of a notice of violation which has imposed a penalty may confirm, vacate, or modify but not increase, any such penalty imposed by the Enforcement Officer, and order the payment thereof. The decision shall state that judicial review of the decision may be had by filing an appeal pursuant to Section 1.18.080(A), and shall specify the time limits for such filing.
B. 
The hearing body conducting a hearing set pursuant to an order in the notice of violation, if it determines that a violation exists, may issue an administrative order imposing the remedies provided in this subsection. Notice concerning judicial review of the decision shall be given as provided in Section 1.18.100(B). The remedies for a violation found as a result of such a hearing shall be as follows:
1. 
Requiring the responsible party to correct or eliminate the violation or nuisance condition, including a proposed schedule for correction or elimination.
2. 
Authorizing the City to enforce the administrative order and abate or cause the abatement of the violation where the responsible party has refused or has otherwise neglected to take appropriate steps to correct or eliminate the violation. The administrative order shall specify that if the City undertakes to abate or eliminate the violation it shall be entitled to recovery of all costs and expenses incurred in performing such work, and shall also be entitled to recover its administrative costs. Administrative costs shall include costs incurred by the City in connection with the proceeding, including attorney's fees, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, and the cost of any re-inspection and other costs necessary to enforce the administrative order. Such costs, if unpaid, may be recovered by the City through a lien on the affected property or through a special assessment as provided in Section 1.12.050.
3. 
Any other order or remedy that is in the interests of justice.
(Ord. 618-03 § 4, 2003)
A. 
Any penalty imposed by the hearing body shall be paid to the City within thirty days from the date of the decision, unless an extension of time is requested by the violator and granted by the hearing body.
B. 
Any appeals processing fee that is paid pursuant to Section 1.18.050(A), above, shall be refunded to the payee if it is determined by the hearing body that the person charged in the notice of violation was not responsible for the violation or that there was no violation as charged in said notice.
C. 
Payment of any penalty that is upheld or otherwise imposed by the hearing body shall not excuse or permit any continuation or repeated occurrence of the violation that is the subject of the notice of violation.
D. 
Any penalty imposed by the hearing body shall accrue from the date specified in the notice of violation and shall continue to accrue on a daily basis until the violation is corrected. The determination of compliance or elimination of the violation shall be made by the Enforcement Officer, unless such determination was made by the hearing body as a result of the hearing. The hearing body, in its discretion, may suspend the imposition of any penalty for a period of time not to exceed sixty days during which the responsible party applies for permits required to achieve compliance, and such permit applications are actively pending before, or have already been issued by, the City, the State, or other appropriate governmental agency.
E. 
Any penalty assessed by the hearing body is a debt owed to the City. In addition to all other means of enforcement and/or collection, any such penalty may be enforced as a personal obligation of the responsible party. If the violation is in connection with real property, such penalty may be enforced by imposition of a lien or special assessment upon the real property. Any lien or special assessment imposed upon the real property shall remain in effect until the penalty is paid in full.
(Ord. 618-03 § 4, 2003)
A. 
Any person or entity aggrieved by a decision of a hearing body made pursuant to Section 1.18.060(A) may obtain judicial review of said decision pursuant to Government Code Section 53069.4 by filing an appeal to the Superior Court for the County of Alameda, subject to the time limits described in Section 1.18.100, below.
B. 
Any person or entity aggrieved by a decision of a hearing body made pursuant to Section 1.18.060(B) may obtain review of said decision in the Superior Court for the County of Alameda by filing with said court a petition for writ of mandate, subject to the time limits described in Section 1.18.100, below.
(Ord. 618-03 § 4, 2003)
Nothing in this chapter shall prevent the City from initiating any other legal or equitable proceeding to obtain compliance or to discourage noncompliance with the provisions of this Code. The enforcement procedures described in this chapter are intended to be alternative methods of obtaining compliance and/or discouraging noncompliance with the provisions of this Code and are expressly intended to be in addition to any other remedies provided by law or this Code.
(Ord. 618-03 § 4, 2003)
A. 
Any responsible party who is aggrieved by a decision of a hearing body, or of a board, commission, department, agency, or person authorized to render such a decision on behalf of the City pursuant to this chapter, and who has exhausted the administrative remedies provided in this Code, or any other applicable law, shall have the right to seek judicial review of such decision by filing a petition for writ of mandate in accordance with Code of Civil Procedure Section 1094.5. Notwithstanding the time limits set forth herein, where a shorter time limitation is provided by any other law, including the time limitation set forth in Chapter 9 of Division 20 of the Public Resources Code (Sections 30800 et seq.) and in Government Code Section 53069.4 (described in subsection E, below), such shorter time limit shall apply.
B. 
Written notice of the time limitation in which a party may seek judicial review of an administrative decision shall be given to all responsible parties in the matter by the City in substantially the following form:
Judicial review of this decision may be sought by following the procedure outlined in C.C.P. Section 1094.5. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time is provided by any State or Federal law, such shorter time limit shall apply.
C. 
This section shall not be deemed to revive any cause of action or grounds for relief through a special proceeding that is barred by law or equity.
D. 
All costs of preparing a record that may be recovered by a local agency pursuant to C.C.P. Section 1094.5(a) or successor statute shall be paid by the petitioner prior to delivery of the record to petitioner.
E. 
Any responsible party against whom a penalty has been imposed pursuant to this chapter and Government Code Section 53069.4 and who has exhausted all available administrative remedies provided in this Code or other applicable law may obtain judicial review of said penalty pursuant to Government Code Section 53069.4 by filing an appeal to the Superior Court for the County of Alameda, subject to the time limits described in Section 53069.4. Any such appeal shall be filed as a limited civil case. Written notice of the time limits prescribed by Government Code Section 53069.4 shall be given to all responsible parties against whom a penalty is imposed in substantially the following form:
The time within which judicial review of the penalty imposed by this order must be sought is governed by Government Code Section 53069.4. Judicial review must be sought not later than 20 days after service of the order imposing or confirming such penalty.
(Ord. 618-03 § 4, 2003)