A. 
It is a code violation for any person to violate any provision, or to fail to comply with any requirement, of this code (including any provisions of any city ordinance). Each and every day, or portion thereof, during which a code violation is committed, continued, or permitted by any person shall be a separate violation.
B. 
A "responsible person" is any of the following:
1. 
A person who, by action or inaction (whether acting alone or with one or more other persons), causes, maintains, permits, or allows a code violation.
2. 
A person whose agent, employee, or independent contractor, by action or inaction, causes, maintains, permits or allows a code violation.
3. 
An owner of real property on which a code violation occurs.
4. 
A lessee or sublessee with the current right of possession of real property on which a code violation occurs.
5. 
A person that uses real property on which a code violation occurs.
6. 
An on-site manager who regularly works on real property on which a code violation occurs and who is responsible for the business or other activities on that real property.
7. 
The owners, majority stockholders, corporate officers, trustees, general partners and any other person with the legal authority to act for a legal entity that is a responsible person under subsections (1) through (6) above.
8. 
If any of the above persons are minors or incompetent, the parents or guardians of such persons shall be deemed responsible persons.
C. 
Each responsible person shall be jointly and severally liable for a code violation.
D. 
The city may enforce any code violation by any one or more of the following methods, at the city's discretion:
1. 
Criminal penalty, under Chapter 1.20.
2. 
Civil injunction, under Section 1.16.020.
3. 
By the granting or denial of permits, the forfeiture and revocation of permits, or the recording of a notice of violation. (See, for example, Chapters 16.48, Enforcement, and 17.72, Enforcement.)
4. 
Administrative citations and penalties, under Chapter 1.24.
5. 
Compliance orders, under Chapter 1.24, regarding continuing code violations.
6. 
Public nuisance abatement. (See, for example, Section 1.16.030, Chapter 1.24, and Chapter 8.16.)
7. 
Building abatement, under Chapter 8.16 or any of the California Building Codes adopted by the city under Title 15, Buildings and Construction.
8. 
Any other lawful remedy, including legal actions and equitable proceedings.
E. 
The city shall be entitled to recover its costs of enforcing code violations, under Section 1.16.050.
F. 
The remedies provided for in the code are cumulative and not exclusive and shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity.
(O2006 15)
A code violation may be enforced by any civil remedy, including a civil injunction. The City Attorney is authorized to initiate any appropriate civil action.
(O2006 15)
A person who is issued or granted a permit (including a land use entitlement) by the city shall comply with each provision and condition of the permit. A person who violates or fails to comply with a provision or condition of the permit is in violation of this section. The city may enforce the permit by any lawful means, including instituting proceedings for revocation. (See, for example, Chapters 12.64 and 17.72.)
(O2006 15)
A. 
The city shall be entitled to recover its costs related to enforcing any code violation. It is intended that persons violating the code, and not the taxpayers, bear the financial costs of the city's code enforcement effort. The city is authorized to impose, on each responsible person, a fee to cover enforcement costs, in addition to any applicable fines or penalties. Unless otherwise specified in this code, a responsible person upon whom a fee and/or fine is imposed pursuant to this section shall make payment to the city within 30 days after written notice from the city. (Government Code §§ 36900, 36901, 38773.2, 38773.5(b). 53069.4, and 54988.)
B. 
A fine or penalty is a sum imposed as a punishment, as authorized by this code, or otherwise authorized by law.
C. 
The amount of any fees to cover enforcement costs may be established by City Council resolution based on the estimated reasonable costs incurred by the city, or the amount of the fees may be established by documentation of the actual enforcement costs incurred by the city. Enforcement costs shall include the following components:
1. 
Administrative and Regulatory Costs. Including: (a) any time spent by a city employee or contractor for code enforcement activities related to the code violation, such as inspections and reinspections, compliance reinspections, abatement actions, police services, administration, bookkeeping and accounting, legal services, supervision, preparing for and attending hearings; and (b) other costs related to the enforcement such as costs of abatement, notices, and court costs. Costs based on time spent by city employees or contractors shall include salary, benefits, and overhead.
2. 
Late Payment Charges (Finance Charge). Due at an interest rate approved by City Council. The late payment charges shall continue to accrue on any unpaid amounts from the due date until the date full payment is received by the city.
3. 
Collection Costs. Costs incurred in securing payment of any delinquent amount owed to the city (including any fee or penalty), including any costs incurred by the city under subsection D.
4. 
Attorneys' Fees in Administrative and Judicial Proceedings. The city may pursue administrative or judicial proceedings (including legal actions and/or equitable proceedings) to enforce any provision of the code. In any such administrative or judicial proceeding in which the city prevails or succeeds in whole or in part, the city is entitled to recover its attorneys' fees and costs as a part of the enforcement costs. A responsible person is entitled to recover reasonable attorneys' fees from the city only if a judge or administrative hearing officer determines all of the following:
a. 
There is a statutory basis for the award of attorneys' fees and costs to the responsible person (such as, California Government Code Section 38773.5(b));
b. 
The responsible party is the prevailing party;
c. 
The city elected in writing at the initiation of the administrative or judicial proceeding to seek recovery of city's attorneys' fees; and
d. 
The amount of the attorneys' fees award does not exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.
D. 
Recovery of Costs. If a person fails to make payment to the city of any amount owed in accordance with this section, within 60 days after written notice from the city, the city may collect the amount owed in any one or more of the following ways:
1. 
Referring the matter to a collection agency;
2. 
A civil action to collect the debt;
3. 
Making the debt a lien or special assessment against the property in accordance with the process set forth in subsection E, where the violation involved real property;
4. 
Any other manner provided by law for the collection of debts.
E. 
Lien or Special Assessment Procedure.
1. 
If a responsible person is an owner of real property (under Section 1.16.010(B)(3), the amount owed by the responsible person under this section may constitute a lien or special assessment against the real property on which the violation occurred. (Government Code §§ 38773.1(a), 38773.2, 38773.5, 54988.)
2. 
Before recording any such lien or special assessment, the Enforcement Officer (as defined by Section 1.24.020) shall prepare and file with the Finance Director a report stating the amounts due. The Finance Director shall fix a date, time, and place for a Hearing Officer appointed under Section 1.16.060 to consider the report and any protests or objections to it. The Finance Director shall provide written notice to the property owner not less than 10 days before the hearing. For a lien, the notice shall be served as provided in California Government Code Section 38773.1. For a special assessment, the notice shall be served as provided in California Government Code Section 38773.5.
3. 
A person whose real property may be subject to a lien or special assessment may file a written protest with the Finance Director and/or may protest orally at the hearing. Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of the protest or objection.
4. 
After the hearing, the Hearing Officer shall prepare a written order confirming, discharging, or modifying the amount of the lien or special assessment. The order shall be signed by the Hearing Officer and approved as to form by the City Attorney.
5. 
The Finance Director shall record the written order as a lien or a special assessment in the office of the County Recorder of Napa County, California. Once recorded, the order shall have the force, effect, and priority of a judgment lien or special assessment governed by Code of Civil Procedure Section 697.340 and may be renewed as provided in Code of Civil Procedure Sections 683.010 to 683.220, inclusive.
6. 
Once payment in full is received by the city for the amount of the lien or special assessment set forth in the written order, the Finance Director shall record a notice of discharge with the office of the County Recorder. The notice of discharge shall cancel the city's lien or special assessment.
(O2006 15; O(2011) 4, 2/15/11)
A. 
When a Hearing Officer is authorized by this code to hear and decide any matter, the City Manager shall designate the Hearing Officer for the administrative hearing. The designated Hearing Officer shall be an impartial person, such as: (1) a city employee from a department not involved in the prosecution of the matter to be decided; or (2) a person selected from a panel of Hearing Officers assembled by the City Manager; or (3) a person hired from an organization which provides Hearing Officers.
B. 
Hearing Officers shall be selected in such a manner that the Hearing Officer does not have a financial incentive to decide a matter to a particular conclusion. The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon or affected by the amount of administrative citation fines upheld by the Hearing Officer.
(O2006 15)
A. 
General Time Limits. Any person seeking judicial review of any final decision of the city by writ of mandate under California Code of Civil Procedures Section 1094.5 (generally relating to a legal challenge of any quasi-adjudicative city decision) is hereby notified that the timing requirements of California Code of Civil Procedure Section 1094.6 shall apply to the filing of any such writ, unless a shorter timing requirement is imposed by federal law. Generally, a petition for writ of mandate must be filed within 90 days following the date on which the decision becomes final.
B. 
Administrative Fine. Notwithstanding subsection A, any person seeking judicial review of a Hearing Officer's final decision (made in accordance with the procedures set forth in Chapter 1.24) shall file an appeal with the Napa County Superior Court within 20 days after service of the final decision, in accordance with California Government Code Section 53069.4. If no notice of appeal is filed in accordance with the requirements of California Government Code Section 53069.4, the final decision of the Hearing Officer shall be deemed confirmed.
(O2006 15)