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.
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:
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 condition caused or permitted to exist in violation of this
code is a public nuisance. (Government Code § 38771.)
(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)
