When a code compliance officer or authorized enforcement agent
has inspected any real property or premises and has found and determined
that conditions, uses or activities at or upon such property or premises
constitute a public nuisance pursuant to any provision of the municipal
code and/or applicable statute, rule, code and regulation and the
city has not commenced an alternative public nuisance abatement procedure
prescribed by statute regarding said public nuisance, the code compliance
officer or authorized enforcement agent may issue or cause the issuance
of a notice of public nuisance and order to abate ("notice and order")
pursuant to this chapter.
(Ord. 870 § 2, 2004)
Any member of the public who commits or causes a municipal code
violation determined to be a public nuisance pursuant to this Title
14 shall be subject to: (a) an administrative fine in an amount not
to exceed one hundred dollars for a first violation; (b) an administrative
fine in an amount not to exceed two hundred dollars for a second violation
of the same provision within a twelve-month period commencing on the
date of the first violation; and (c) an administrative fine in an
amount not to exceed hundred dollars for the third violation and each
subsequent violation of the same provision that occurs within a twelve-month
period commencing on the date of the first violation.
(Ord. 870 § 2, 2004)
A. Any
party to whom a notice and order has been issued for violations pertaining
to building, plumbing, electrical, or other similar structural or
zoning issues that do not create an immediate danger to health or
safety, shall be provided not less than ten calendar days in which
to correct or otherwise remedy the violation prior to the imposition
of any administrative fine. For all other violations, the recipient
of a notice and order shall be provided not less than seven calendar
days in which to correct or otherwise remedy the violation prior to
the imposition of any administrative fine, unless a shorter period
is determined necessary by the citing officer.
B. The
citing officer may extend the time in which to correct or otherwise
remedy a violation upon a showing that the recipient of the notice
and order requires additional time to complete repairs or upon a showing
that the recipient is awaiting issuance of a permit, provided such
person offers proof that he or she has commenced taking action to
correct or otherwise remedy the violation and/or that a proper application
for such permit has been made.
(Ord. 870 § 2, 2004)
The notice and order shall include all of the following information:
(a) the name of the property's record owner, the occupant, if any,
and/or the agent, if any, having charge or control of the property;
(b) the date of inspection; (c) the date of the violation; (d) the
street address or a definite description of the location where the
violation occurred; (e) the code section(s) violated; (f) a description
of the property's condition which violated the applicable codes; (g)
the actions necessary to correct the subject violations; (h) the deadline
or specific date by which to correct the violations; (i) a reference
to the potential consequences should the property remain in violation
after the expiration of the compliance deadline; (j) the number of
times the violation has been cited by the city within the previous
thirty-six months; (k) the amount of the public nuisance administrative
fine for the code violation; (l) a description of the fine payment
process, including a description of the time within which the fine
must be paid and the place where the fine must be paid; (m) a description
of the process by which the city may collect any unpaid fines; (n)
an order prohibiting the continuation or repeated occurrence of the
code violation described in the notice and order; (o) a description
of the administrative appeal process for a person's appeal of the
citing officer's determination of violation, including the time within
which an appeal must be filed; and (p) the name and signature of the
citing officer.
(Ord. 870 § 2, 2004)
The heading of the notice shall be "notice of public nuisance
and order to abate."
(Ord. 870 § 2, 2004)
When service of the notice and order on the parties responsible
for the public nuisance is accomplished by mail, the notice and order
and any amended or supplemental notice and order shall be posted on
the property on which the violation occurs by the citing officer or
designee. Posting of the notice and order shall be done in a conspicuous
place on the property such as, but not limited to, on a post or gate
on vacant property or a door or window of a structure located on a
developed property.
(Ord. 870 § 2, 2004)
The notice and order, and any amended or supplemental notice
and order, shall be served upon the record owner, tenant, occupant,
if any, and/or agent, if any, having charge or control of the property.
The failure of the code compliance officer or authorized enforcement
agent to serve any person required herein to be served shall not invalidate
any proceedings hereunder as to any other person duly served or relieve
any such person from any duty or obligation imposed by the provisions
of this Title 14.
(Ord. 870 § 2, 2004)
Service of a copy of the notice and order shall be made upon
all persons entitled thereto either personally or by certified mail,
postage prepaid, return receipt requested, at their address as it
appears on the last equalized assessment roll of the county or as
otherwise known to the citing officer. If an address of any such person
does not appear on the last equalized assessment roll or is not otherwise
known to the citing officer, then a copy of the notice and order shall
be addressed to such person(s) and mailed to the address of the subject
premises. The failure of any such person to receive a copy of the
notice and order shall not affect the validity of any proceedings
or actions taken under this Title 14. Service by certified mail in
the manner herein provided shall be affixed to the copy of the notice
and order and retained by the citing officer.
(Ord. 870 § 2, 2004)
Service of a notice and order which is personally served shall
be deemed completed at the time of such personal service. Service
of a notice and order which is served by mail is deemed completed
on the date said notice and order is deposited in the mail.
(Ord. 870 § 2, 2004)
Proof of service of the notice and order shall be certified
at the time of service by a written declaration under penalty of perjury
executed by the persons effecting service, declaring the date and
manner in which service was made. The declaration, together with any
receipt card returned in acknowledgment of receipt by certified mail,
shall be affixed to a copy of the notice and order and retained by
the citing officer.
(Ord. 870 § 2, 2004)
The notice and order shall be filed in the office of the county
recorder to certify that: (a) the subject property is being maintained
in violation of the municipal code and/or applicable statute, rule,
code and regulation; and (b) the property owner has been so notified.
(Ord. 870 § 2, 2004)
The city's use of the procedure set forth in this section is
entirely optional, and this section is to be construed independently
from the remaining provisions of this chapter and title. Failure to
employ the procedure set forth in this section shall not affect the
validity of any proceedings nor the availability of any rights or
remedies accorded to the city by any of the other provisions of this
chapter, title or any other applicable laws, rules or regulations.
A. Notice
of Hearing. If any notice and order issued pursuant to this chapter
is not complied with or appealed within the time period set forth
therein, the code compliance officer who issued the notice and order
or authorized enforcement agent may, but is not required to, issue
a subsequent notice entitled "Notice of Hearing Re: Municipal Code
Violation(s) and Abatement of Public Nuisance" (hereinafter referred
to as the "Notice of Hearing").
The notice of hearing shall direct the property owner(s) or
other responsible person(s) to appear at a public hearing at a stated
date, time and place to show cause why the conditions on the subject
property should not be declared to be a public nuisance in violation
of the municipal code and/or other applicable law, and ordered condemned
and/or abated as such.
The notice of hearing shall be posted to the subject property
and mailed via certified mail, return receipt requested, to the property
owner(s) of record, as such person's name appears on the last County
Equalized Assessment Roll, and to any mortgagee or beneficiary under
any deed of trust, of record, in the subject property. Additionally,
the notice of hearing shall be sent via regular U.S. mail to all record
owners of parcels of real property of which any boundary is located
within three hundred feet of any boundary of the subject property.
The failure of any property owner, interested party, or other person
to receive such notice shall not affect the validity of the proceedings.
The hearing shall be set not less than fifteen days after the
posting and mailing of the notice of hearing, nor later than thirty
days from such date, unless a later date is agreed to by both the
code enforcement officer or other authorized agent and the subject
property owner(s) or other responsible person(s) having charge or
control of the subject property.
B. Conduct
of Public Hearing. The public hearing may be conducted by either:
(1) the city council; or (2) an independent administrative hearing
officer appointed by the city manager, as follows:
1. City Council. The city council may conduct the public hearing to
determine whether the subject property constitutes a public nuisance.
If, upon the conclusion of the hearing, the city council determines,
on the preponderance of the evidence, that the property constitutes
a public nuisance, it shall adopt a resolution declaring the property
as such and setting forth findings and conclusions which shall be
the record of the proceeding and filed with the city clerk.
The resolution shall order the subject property owner(s) and/or other person(s) to whom the notice of hearing was sent, and whom the city council expressly deems responsible for the subject property, to abate the public nuisance conditions within no more than thirty calendar days, or such other time as the city council deems reasonable under the circumstances, commencing from the date of mailing, via certified mail, of the adopted resolution to said person(s). The resolution shall also provide that if the public nuisance conditions are not abated within said time period, said conditions may be abated by the city, and that in the event the city performs the abatement, the city's abatement costs shall be recoverable by a special tax assessment against the subject property pursuant to Chapter
14.150 of this title, as may be amended from time to time, or by any other means provided by law. The resolution shall also specify the time allowed for judicial appeal of the decision rendered by the city council.
A copy of the adopted resolution shall be posted to the subject
property and sent via certified mail, return receipt requested, to
the property owner(s) and all other persons to whom the notice of
hearing was sent. The failure of any property owner or other person
to receive the resolution in the mail shall not affect the validity
of the proceedings.
A resolution adopted by the city council pursuant to this section
is a final administrative determination on the matter.
2. Administrative Hearing Officer Appointed by the City Manager. The
city council hereby delegates concurrent authority to the city manager
to appoint hearing officers to conduct administrative hearings pursuant
to this section. The city manager shall ensure that no hearing officer
is an employee of the city nor has any pecuniary interest in the outcome
of the proceeding over which he or she is presiding.
The administrative hearing officer, once appointed, shall conduct the hearing to determine whether the subject property constitutes a public nuisance. If, upon the conclusion of the administrative hearing, the administrative hearing officer determines, on the preponderance of the evidence, that the subject property is a public nuisance, the administrative hearing officer shall issue a written decision ordering the property owner(s) and/or other person(s) to whom the notice of hearing was sent, and whom the hearing officer expressly deems responsible for the subject property, to abate the nuisance conditions within no more than thirty calendar days, or such other time as the hearing officer deems reasonable under the circumstances, from the date of mailing, via certified mail, of the written decision to said person(s). The decision shall also provide that, if the nuisance conditions are not abated within said time period, said conditions may be abated by the city, and that in the event the city performs the abatement, the city's abatement costs shall be recoverable by a special tax assessment against the property pursuant to Chapter
14.150 of this title, as may be amended from time to time, or by any other means provided by law. Said decision shall also specify the time allowed for judicial appeal of the decision.
A copy of the decision shall also be posted to the subject property
and sent via certified mail, return receipt requested, to the subject
property owner(s) and other persons to whom the notice of hearing
was sent. The failure of any property owner or other person to receive
the written decision in the mail shall not affect the validity of
the proceedings.
A written decision issued by the administrative hearing officer
shall constitute a final administrative determination on the matter.
C. Conduct
of the Hearing.
1. At the time fixed for the administrative hearing, the city council
or administrative hearing officer shall consider all violations of
city ordinances, abatement orders, and administrative citations, including
all relevant documents, statements, and objections, written or oral,
which may be submitted by the city. The council or administrative
hearing officer shall also consider recovery of abatement costs.
The term "abatement costs" as used in this section means and
includes all administrative and legal fees and expenses, including
city staff time reasonably related to the abatement of public nuisance
conditions and expenses related to enforcement, investigation, summaries,
reports, notices, telephonic contact, correspondence, mailings, title
searches, hearing officer costs, court costs, civil penalties, collection
costs, attorneys' fees, and all other costs associated with the removal,
abatement or correction of a public nuisance. Administrative fines
and penalties do not constitute "abatement costs" for purposes of
this section.
2. The property owner(s) and any other person(s) responsible for the
subject property shall be entitled to appear at the hearing and to
show cause, if any they have, why the conditions on the property should
not be declared to be a public nuisance in violation of the municipal
code and/or other applicable law, and ordered condemned and/or abated
as such. The person(s) to whom the notice of hearing is directed shall
also be entitled to show cause, if any, why he/she/they is/are not
responsible for the subject property. A property owner or other responsible
party may be represented by another person who need not be an attorney,
but any such representation shall be indicated on the record. Any
non-attorney representing a property owner or other responsible party
not present at the administrative hearing shall submit a verified
statement sufficient to evidence the consent of the absent person
to be represented by another person.
3. The code compliance officer or authorized enforcement agent who issued
the notice of hearing shall not be required to personally attend but
may participate in the hearing. Documents from the file of any applicable
city division involved in the case shall be admitted as prima facie
evidence of the facts stated therein.
4. The city council or administrative hearing officer shall not be limited
by the technical rules of evidence and may consider hearsay evidence.
The city council or administrative hearing officer shall have the
authority to determine the relevance of any evidence and to exclude
unduly repetitious and cumulative evidence or testimony.
5. If the subject property owner(s) or other responsible person(s) fail(s)
to appear at the administrative hearing, the hearing shall proceed
in such persons' absence. The city council or administrative hearing
officer shall make a determination based on the information submitted,
and such persons shall be deemed to have waived their rights to present
evidence, testify, or otherwise participate in the hearing.
D. Continuance
of the Administrative Hearing. The city council or administrative
hearing officer may grant a reasonable extension of time to conduct
the hearing based on good cause shown.
E. Recordation.
The resolution or the administrative hearing officer's decision may
be recorded in the office of the county recorder.
F. Appeal—Time
to Bring Action. Unless the property owner or other responsible party
presents an action in a court of competent jurisdiction within ninety
days, or other applicable time period, after issuance of the final
decision, contesting the validity of any administrative abatement
proceedings leading up to and including the decision of the city council
or administrative hearing officer, all objections to the proceedings
and decision shall be deemed to have been waived.
(Ord. 1102 § 2, 2016; Ord. 1107 § 2, 2016)
Any person subject to the provisions of a notice and order may
contest that there was a violation or that he or she is the party
responsible for committing the violation by filing a complete and
proper appeal of a notice and order with the citing officer pursuant
to this chapter.
(Ord. 870 § 2, 2004)
All appeals from any notice and order shall be in writing and
shall contain the following information: (a) name(s) of each appellant
and their legal or equitable interest in the appeal, (b) a brief statement
in ordinary and concise language of the specific items protested,
together with any material facts claimed to support the contentions
of the appellant, (c) a brief statement in ordinary and concise language
of the relief sought and the reasons why the notice and order should
be reversed, modified or otherwise set aside, and (d) the signatures
of all parties named as appellants and their official mailing addresses.
Any appeal filed that fails to provide all of the information required
by this chapter shall be deemed incomplete.
(Ord. 870 § 2, 2004)
A complete and proper appeal of a notice and order as described in this chapter shall be filed with the citing officer within ten calendar days from the date that service of the notice and order was completed pursuant to Section
14.120.090. Any appeal not timely filed shall be rejected.
(Ord. 870 § 2, 2004)
A filing fee as established by city council resolution or any
amendments thereto for an appeal of a notice and order must be paid
to the city at or prior to the time of the filing of such appeal.
Any appeal of the notice and order filed without payment of the filing
fee shall be deemed incomplete.
(Ord. 870 § 2, 2004)
Not later than five calendar days from the date the appeal is
filed the citing officer or designee shall determine whether the appeal
is complete. If the appeal is determined to be incomplete, the citing
officer or designee shall immediately mail to the appellant a notice
of incomplete filing which shall provide a written explanation of
each reason why the appeal has been determined to be incomplete. If
service of the notice of incomplete filing is completed within five
calendar days from the date the appeal is filed, the ten calendar
day time period within which to file a completed appeal of a notice
and order shall not be extended.
(Ord. 870 § 2, 2004)
Failure to timely and properly file an appeal from a notice and order shall constitute a waiver of all rights to an administrative appeal hearing and adjudication of the notice and order or any portion thereof. The determination that the violation occurred and that the violator was responsible for the violation shall be deemed final on the date that service of the notice and order is deemed completed pursuant to Section
14.120.090.
(Ord. 870 § 2, 2004)
The appeal of any notice and order shall be processed in accordance with the provisions of this chapter and conducted in accordance with the provisions of Chapter
14.130.
(Ord. 870 § 2, 2004)
Enforcement of any notice and order shall be stayed during the
pendency of an appeal therefrom which is properly and timely filed
pursuant to this chapter.
(Ord. 870 § 2, 2004)
Whenever it is determined that the corrections ordered by the
notice and order have been completed so that the premises no longer
exists in a condition that is in violation of the municipal code and/or
applicable statute, rule, code and regulation, a notice of compliance
shall be recorded in the office of the county recorder certifying
that all required corrections have been made and that the subject
premises is no longer being maintained as a public nuisance.
(Ord. 870 § 2, 2004)
A. After
a notice and order becomes final due to the failure to file a timely
and proper appeal, the code compliance manager or other authorized
agent shall prepare a demand for payment of all applicable public
nuisance administrative fines if the citing officer determines that
the person to whom the notice and order is directed failed, neglected,
or refused to obey the orders or adhere to the terms and conditions
set forth in the notice and order. The demand for payment shall require
appellant to pay all applicable public nuisance administrative fines
no later than thirty calendar days from the date the notice and order
was issued. The amount of the fine for which the recipient shall be
responsible shall be as set forth in the notice and order. Payment
of the administrative fine shall be made to the issuing department
or division unless otherwise provided by the demand for payment.
B. Where
a timely and complete appeal of the notice and order is filed pursuant
to this chapter and the notice and order is upheld, the notice of
decision and compliance order issued by the administrative hearing
officer shall require appellant to pay all applicable public nuisance
administrative fines no later than ten calendar days from the date
the notice of decision and compliance order was issued. The amount
of the fine for which the recipient shall be responsible shall be
as set forth in the notice and order. Payment of the public nuisance
administrative fine shall be made to the issuing department or division
of the city.
(Ord. 870 § 2, 2004)
The demand for payment shall include all of the following, which
shall be consistent with the information contained in the final notice
of public nuisance and order to abate: (a) the name of the person(s)
responsible for payment of the public nuisance administrative fines;
(b) the street address or a definite description of the location where
the violation occurred; (c) the deadline or specific date by which
the violations were to have been corrected; (d) the date of the follow
up inspection where continuing violation conditions were discovered;
(e) the code violation(s) noted at the follow up inspection; (f) the
amount of the public nuisance administrative fine which shall be immediately
due and payable; (g) the place where the fine must be paid; and (h)
a description of the process by which the city may collect any unpaid
fines. The demand for payment may be in letter form or any other form
which conveys the information set forth in this section.
(Ord. 870 § 2, 2004)
The demand for payment shall be served upon the person(s) responsible
for payment of the public nuisance administrative fines either personally
or by certified mail, postage prepaid, return receipt requested, at
their address as it appears on the last equalized assessment roll
of the county or as otherwise known to the citing officer. If an address
of any such person does not appear on the last equalized assessment
roll or is not otherwise known to the citing officer, then a copy
of the demand for payment shall be addressed to such person(s) and
mailed to the address of the subject premises. The failure of any
such person to receive a copy of the demand for payment shall not
affect the validity of any proceedings or actions taken under this
Title 14. Service by certified mail in the manner herein provided
shall be affixed to the copy of the demand for payment and retained
by the citing officer.
(Ord. 870 § 2, 2004)
Service of the demand for payment which is personally served
shall be deemed completed at the time of such personal service. Service
of the demand for payment which is served by mail is deemed completed
on the date said demand for payment is deposited in the mail.
(Ord. 870 § 2, 2004)
Proof of service of the demand for payment shall be certified
at the time of service by a written declaration under penalty of perjury
executed by the persons effecting service, declaring the date and
manner in which service was made. The declaration, together with any
receipt card returned in acknowledgment of receipt by certified mail,
shall be affixed to a copy of the demand for payment and retained
by the citing officer.
(Ord. 870 § 2, 2004)
Any party contesting the imposition of the public nuisance administrative
fine(s) may seek judicial review of the imposition of the fine(s)
by filing an appeal pursuant to California
Government Code Section
53069.4, subdivision (b)(1) after said party has exhausted all available
administrative remedies.
(Ord. 870 § 2, 2004)
The prevailing party in any proceeding conducted pursuant to
this chapter and associated with the abatement of a public nuisance
shall be entitled to recovery of attorneys' fees incurred in any such
proceeding.
(Ord. 870 § 2, 2004)
If the responsible person(s) who are issued the notice and order
fails to abate the activity or activities and/or condition or conditions
causing the public nuisance in their entirety, the code compliance
manager or authorized enforcement agent may, in accordance with applicable
laws and subject to, if necessary, a judicial warrant issued by a
court of competent jurisdiction, cause the abatement of the activity
or activities and/or condition or conditions causing the public nuisance
by city forces or private contract. If the city elects to perform
or cause the public nuisance abatement work, the owner of record of
the property shall be liable for all fees and costs of abatement,
including administrative costs, incurred by the city to abate the
public nuisances.
(Ord. 870 § 2, 2004)