The following may be designated as administrative violations of the Live Oak Municipal Code, and shall be subject to enforcement pursuant to the provisions of this chapter:
A. 
All violations of the Live Oak Municipal Code, unless otherwise excepted by ordinance. The City Manager or enforcement officer may choose to process a violation as a misdemeanor as outlined in Section 1.12.010 of the Live Oak Municipal Code;
B. 
All violations of Uniform Codes adopted by the City of Live Oak;
C. 
All violations of design standards adopted by the City Council and/or the Planning Commission and on file with the City Clerk;
D. 
All violations of conditions imposed on any entitlement, permit, contract, or environmental document issued or approved by the City of Live Oak;
E. 
All violations of State laws enforced by the City of Live Oak that have been designated for enforcement through this chapter by ordinance.
(Ord. 456 § 2, 2000)
A. 
Administrative violations shall be designed by level based upon the potential of monetary sanction as follows:
1. 
Level A violation shall be subject to a fine of $20.00 to $500.00.
2. 
Level B violation shall be subject to a fine of $100.00 to $2,500.00.
3. 
Level C violation shall be subject to a fine of $100.00 to $5,000.00.
4. 
Level D violation shall be subject to a fine of $100.00 to $7,500.00.
5. 
Level B violations shall be subject to a fine of $100.00 to $10,000.00.
Unless otherwise provided for by ordinance, all administrative violations will be deemed a Level A violation.
B. 
At the time of issuance of a notice of administrative violation pursuant to this title, the enforcement authority shall evaluate in writing the criteria set forth in Section 1.17.050 to determine the appropriate level of sanctions and shall provide written notice to the responsible person of the proposed level of sanction and the reasons thereof as required by Section 1.17.110.
C. 
Where multiple violations have occurred or are occurring, each violation of the Live Oak Municipal Code or other applicable laws shall be subject to a separate sanction.
D. 
The enforcement authority shall have no power or discretion to void any notice of administrative violation unless approved by the City Manager.
(Ord. 456 § 2, 2000)
Any one of the following sanctions shall be available to redress infringement of the Live Oak Municipal Code or applicable laws.
A. 
Revocation and/or suspension of licenses or permits, conditional use permits or entitlements issued by the City of Live Oak;
B. 
The placement of requirements for corrective action on permits, licenses or entitlements issued by the City of Live Oak as a condition to avoid revocation of the permit, license or entitlements;
C. 
Monetary sanctions as set forth in Section 1.17.030 of this chapter;
D. 
The issuance of a compliance order setting forth corrective action;
E. 
As an alternative to other sanctions and in appropriate circumstances, requiring community service by the responsible person;
F. 
Requiring a responsible person to post a performance bond, irrevocable letter of credit or other adequate security to ensure compliance with the Live Oak Municipal Code or other applicable laws.
(Ord. 456 § 2, 2000)
The following factors shall be considered in determining the appropriate sanctions for any administrative violation:
A. 
The knowledge of intent of the person/entity found to have violated the Live Oak Municipal Code or other applicable laws;
B. 
A final determination of prior violations of the Live Oak Municipal Code or other applicable laws within 12 months of the date of violation. Violations of a similar nature shall be given additional weight in evaluating the appropriate sanctions as provided for in this section;
C. 
Efforts by the person/entity found to have violated the Live Oak Municipal Code or other applicable laws to take remedial action upon notice of a violation;
D. 
Any financial gain realized by a responsible person as a result of an administrative violation;
E. 
The extent to which the violation undermines the purpose of the ordinance violated;
F. 
The number of other violations existing at the time of the issuance of the notice of administrative violation;
G. 
The costs incurred for remedial action taken by the enforcement authority, office staff, and City Manager;
H. 
The degree and permanence of harm to health, safety and/or the environment caused by the violation, including, but not limited to, any loss of life to person or animal;
I. 
The amount it would have cost the responsible person to comply with the law;
J. 
Where the violation consists of failure to obtain a permit or license, the financial cost to obtain a permit or license prior to engaging in the conduct that is the subject of an administrative violation. The amount of any sanction imposed for failure to obtain a license or permit shall be no less than one and one-half times the cost of obtaining such license or permit.
(Ord. 456 § 2, 2000)
The City Manager shall have the overall responsibility and authority to enforce the provisions of the Live Oak Municipal Code or other applicable laws. The City Manager may delegate to department heads or other appropriate subordinates the authority to enforce any of the provisions of the Live Oak Municipal Code or other applicable laws, which relate to the responsibilities of their department. The City Manager may also delegate to the Police Department, or contract law enforcement offered, or code enforcement officer the authority to enforce any of the provisions of the Live Oak Municipal Code or other applicable laws.
(Ord. 456 § 2, 2000)
The purpose of administrative enforcement is to obtain fair and uniform compliance with the provisions of the Live Oak Municipal Code and other applicable laws.
(Ord. 456 § 2, 2000)
Administrative enforcement of the provisions of the Live Oak Municipal Code and other applicable laws may occur where: (1) specific bona fide citizens' complaints may have been received; (2) where the violation occurs within the context of the City's oversight and approval of a project; or (3) where the City Manager or the City Manager's delegate determines that enforcement is proper. No notice to correct or notice of administrative violation shall be issued pursuant to a citizen complaint until the enforcement authority has conducted an independent investigation and determined that there is good cause to believe that a violation of the Live Oak Municipal Code or other applicable laws has occurred.
(Ord. 456 § 2, 2000)
Whenever a violation is discovered which can be corrected and the responsible person has been issued a notice to correct or notice of administrative violation for the same violation within the past 12 months, the enforcement authority shall issue a notice to correct in order to notify the responsible person of the violation and to order that the violation be corrected within a reasonable time. Unless a different period is specifically set forth in the Live Oak Municipal Code, 10 calendar days shall be considered a reasonable time to correct any violations. The notice to correct shall be in writing and shall set forth the facts that constitute the violation, the specific provisions of the law which have been violated, the specific acts required to correct the violation, the time allowed to correct the violation, and the rights to appeal the notice to correct. If the violation is related to a permit, license or other City approval of a project, the notice to correct may be accompanied by a stop order which orders the responsible person to immediately stop any and all work on the project that is subject to the permit, license or approval until the violation is corrected. The notice to correct shall be served in accordance with the provisions of Section 1.17.140.
(Ord. 456 § 2, 2000)
A notice of administrative violation may be issued under any of the following circumstances:
A. 
When the violation can be corrected, a notice to correct has been served, and the specified time has passed without adequate correction of the violation;
B. 
When a stop order has been issued and has not been complied with by the responsible persons;
C. 
When the same violation has been committed by the same responsible person within the past 12 months, and a notice to correct or notice of administrative violation has been served on the responsible person within that same 12-month period.
The notice of administrative violation shall be in writing and shall set forth the facts constituting the violation, the specific provisions of the law which have been violated, the proposed sanctions for the violation as specified in Sections 1.17.030 and 1.17.040 of this chapter, and the rights that the responsible person has to appeal the notice of administrative violation. The notice of administrative violation shall be served as provided in Section 1.17.140.
(Ord. 456 § 2, 2000)
A. 
Whenever necessary to make an inspection to enforce the Live Oak Municipal Code or other applicable laws, or whenever there is reasonable cause to believe there exists a violation of the Live Oak Municipal Code or other applicable laws in any building or upon any premises within the jurisdiction of the City, any authorized official of the City may, upon any premises within the jurisdiction of the City, any authorized official of the City may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed by the Live Oak Municipal Code or other applicable laws.
B. 
Except in emergency situations or when consent of the owner and/or occupant of the building or premises to be inspected has been obtained, the City official shall give the owner and/or occupant, if they can be located after reasonable effort, 24 hours' written notice of intention to inspect. The notice of intention to inspect shall state that the property owner has the right to refuse, inspection may be made only upon issuance of an administrative warrant or search warrant as allowed by law by a duly authorized judge.
C. 
The written notice of intention to inspect shall be served by certified mail, return receipt requested. Where the authorized official intends to inspect within the next 24-hour period, the written notice shall be hand-delivered. The notice of intention to inspect may be given to a person that identifies him or herself as an occupant, tenant or owner of the premises. If no one is at the premises at the time of delivery, the notice of intention to inspect shall be posted in a conspicuous place on the premises.
D. 
Prior to entering the premises, the authorized official conducting the inspection shall ascertain from the owner and/or occupant whether the notice of intention to inspect has been received and shall obtain permission for entry. Unless an emergency situation exists, if the owner and/or occupant refuses entry after such a request has been made, or if no actual contact is made with the owner and/or occupant prior to the attempt to enter, the official must seek assistance from any court of competent jurisdiction in obtaining such entry.
(Ord. 456 § 2, 2000)
Nothing in this chapter shall be interpreted to preclude an enforcement authority from informally encouraging citizens to comply with the Live Oak Municipal Code or other applicable laws. Informal oral or written requests to encourage compliance are encouraged as are attempts to informally negotiate or mediate issues relating to compliance.
(Ord. 456 § 2, 2000)
Any notices required under this chapter except a notice of intention to inspect pursuant to Section 1.17.120 shall be served by personal delivery to the responsible person or by certified mail, return receipt requested, to the last known address of the responsible person. If the responsible person is not present for personal delivery, if certified mail is refused, or if the location of a responsible person cannot be determined after diligent efforts, notices may be posted in a conspicuous place on the affected property for a period of 10 calendar days and by mailing first class to the last known address.
(Ord. 456 § 2, 2000)
The City shall take all reasonable steps to ensure that the identity of any person making a complaint to the City concerning a violation of the Live Oak Municipal Code or other applicable laws shall remain confidential, provided however, the complainant is not absolutely entitled to confidentiality, and may be called upon to testify or otherwise have their identity disclosed, should the alleged violator of this code contest that a violation has occurred.
(Ord. 456 § 2, 2000)
Any person charged with an administrative violation who has been served with an administrative violation, and who wishes to contest the violation or the proposed sanction may request a hearing before the City Manager, if such a request is submitted to the Live Oak City Hall staff in writing within 10 days after the date of the service of the notice of administrative violation. The failure to timely request a hearing shall constitute a waiver of the rights to contest the violation, at which time the proposed sanctions may be imposed.
(Ord. 456 § 2, 2000)
The request for hearing shall be filed with the Live Oak City Hall administrative assistant, and shall include a notice which is being appealed, shall state all the grounds for the appeal, and shall be accompanied by payment of: (1) an amount not to exceed $500.00 as security for payment of the proposed administrative sanction; and (2) a hearing fee. The administrative assistant shall not accept any request for hearing unless it is accompanied by the hearing fee and the required security for administrative sanction. The amount of the hearing fee shall be established from time to time by resolution of the City Council. The amount of the security for the administrative sanction shall be the amount of the maximum sanction specified in the notice of violation, or $500.00 whichever is less.
(Ord. 456 § 2, 2000)
The hearing shall be held within 30 calendar days of the filing of a request for hearing unless both parties agree to a postponement of the hearing or the City Manager rules that there is good cause to postpone the hearing. After the hearing has started, it may be continued with the consent of all parties or upon a showing of good cause for such continuance.
(Ord. 456 § 2, 2000)
The administrative assistant shall mail to all parties written notice of the time and place of the hearing at least 10 days prior to the date set for the hearing. Such notice shall also include a description of the rights of the parties in the hearing. Hearings shall be conducted at City Hall.
(Ord. 456 § 2, 2000)
The parties to a hearing shall have the following rights:
A. 
Timely and adequate notice of the time and place of the hearing, their rights during the hearing and the issues that are to be the subject of the hearing;
B. 
The right to present evidence and witnesses;
C. 
The right to present argument;
D. 
The right to be represented. The representative need not be an attorney;
E. 
The right to examine all evidence presented to the City Manager in the case;
F. 
The right to confront and cross-examine adverse witnesses;
G. 
The right to subpoena witnesses or documents;
H. 
The right to a decision based upon the evidence in the record of the hearing; and
I. 
The right to a written decision setting forth the reasons for the decision and the evidence relied upon.
(Ord. 456 § 2, 2000)
The hearing shall be informal and the City Manager will have an affirmative obligation to seek the truth concerning the issues in the hearing. The City Manager may ask questions of any witness and may establish the procedure for the presentation of evidence. The City Manager, may on his or her own motion, call or subpoena a witness. The City Manager may order the exclusion of witness during the testimony of other witnesses.
(Ord. 456 § 2, 2000)
All facts must be established by a preponderance of the evidence. The enforcement authority will have the burden to prove that a violation occurred and that the proposed sanction is appropriate. The enforcement authority shall be required to present its case first.
(Ord. 456 § 2, 2000)
The rules of evidence adopted by State or Federal law shall not apply. All relevant evidence shall be admissible and hearsay evidence may be used for the purpose of supplementing and explaining other evidence.
(Ord. 456 § 2, 2000)
The City Manager shall prepare and forward to the parties a written decision within 30 days of the close of the hearing. The decision shall be mailed by first class mail. If the City Manager grants the appeal, the City Manager shall have the discretion to refund the fee charged to the responsible person for the appeal.
(Ord. 456 § 2, 2000)
The final written decision from the City Manager can be appealed to the City Council within 10 days after mailing. If a timely written appeal is not filed, the decision shall become final.
(Ord. 456 § 2, 2000)
All monetary sanctions shall be paid at Live Oak City Hall. All payments shall be accompanied by a copy of the notice of administrative violation establishing the amount of the monetary sanction.
(Ord. 456 § 2, 2000)
If the responsible party does not pay the monetary sanctions, the unpaid portion shall bear interest at the rate of 10% per year from the date such payment was due until paid in full and the City may take any of the following actions to collect the monetary sanction:
A. 
Liens. The amount of the unpaid sanctions plus interest plus a reasonable administrative fee; established by the City Council from time to time by resolution, to cover the cost of collection constitutes and may be declared a lien on any real property owned by the responsible party within the City.
1. 
Notice shall be given to the responsible party prior to the recordation of the lien, and shall be served in the same manner as a summons in a civil action pursuant to Article 3, (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.
2. 
The lien shall attach when the City Manager or designee records a lien listing delinquent unpaid sanctions with Sutter County Recorder's office. The lien shall specify the amount of the lien, the date of the code violation(s), the date of the final administrative decision, the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed and the name and address of the recorded owner of the parcel.
3. 
In the event that the lien is discharged, released or satisfied, either through payment of foreclosure, notice of the discharge containing the information specified in subsection (A)(1) of this section shall be sent to the property owner who may then record the release.
B. 
Special Assessments. The amount of the unpaid sanctions plus interest plus a reasonable administrative fee; established by the City Council from time to time by resolution, to cover the cost of collection may be declared a special assessment against any real property owned by the responsible person. The assessment may be then collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
C. 
Withholding Entitlements. The City may withhold issuance of licenses, permits and other entitlements to a responsible person until payment is received.
D. 
Other Enforcement Procedures. The City may take such other actions as are allowed for enforcement of a civil judgment.
(Ord. 456 § 2, 2000)