The Council finds that there is a need for an alternative method
of enforcement for enforcing more serious violations of the Stockton
Municipal Code and applicable State codes. The Council further finds
that the assessment of civil penalties through an administrative hearing
procedure for code violations is a necessary alternative method of
code enforcement. The administrative assessment of civil penalties
is in addition to any other administrative or judicial remedy established
by law which may be pursued to address serious violations of the Municipal
Code or applicable State codes.
(Prior code § 1-067)
A.
Any person violating any provision of the Municipal Code or applicable State code may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in Section 1.40.040 of this chapter.
B.
Each
and every day a violation of any provision of the Municipal Code or
applicable State code exists constitutes a separate and distinct violation.
C.
Civil
penalties may be directly assessed in conjunction with a notice and
order issued by the Director, or affirmed by a Hearing Officer. Civil
penalties assessed shall be collected in accordance with the procedures
specified in this chapter.
D.
Civil penalties for violations of any provision of the Municipal Code or applicable State codes shall be assessed at a daily rate determined by the Director or Hearing Officer pursuant to the criteria listed in Section 1.40.040. Except as authorized pursuant to State and Federal laws, the maximum civil penalty shall be $1,000.00 per violation per day with the maximum amount of civil penalties not exceeding $100,000.00 per parcel or structure for any related series of violations in a year.
(Prior code § 1-068)
A.
Whenever
the Director determines that a violation of one or more provisions
of the Municipal Code or applicable State codes has occurred or continues
to exist, a civil penalty may be issued in conjunction with a notice
and order to the responsible person.
B.
The
notice and order shall refer to all code sections violated and describe
how each section is or has been violated.
C.
The
notice and order shall refer to the dates and locations of the violations.
D.
The
notice and order shall address the action required to correct the
outstanding violations and establish time frames for completion.
E.
The notice and order shall establish a daily amount of civil penalties. The Director shall determine the daily amount of civil penalties pursuant to the criteria in Section 1.40.040.
F.
The
notice and order shall identify a date when the civil penalties began
to accrue and a date when the assessment of civil penalties ended,
unless the violation is continuous. In the case of a continuous violation,
there shall be an ongoing assessment of penalties at the daily rate
established in the notice and order until the violations are corrected.
G.
If a
Director determines that the violations are continuing, the notice
and order shall demand that the responsible person cease and desist
from further action causing the violations, or take affirmative action
to cease from maintaining or permitting the violation to exist, and
commence and complete all action to correct the outstanding violations
under the guidance of the appropriate City departments.
H.
The
notice and order shall enumerate any other consequences should the
responsible person fail to comply with the terms and deadlines as
prescribed in the notice and order.
J.
The notice and order shall be served upon the responsible person by any one of the methods of service listed in Section 1.04.080 of this title.
K.
The
notice and order shall identify the factors used by the Director in
determining the duration and the daily amount of civil penalties.
L.
More
than one notice and order may be issued against the same responsible
person if it encompasses either different dates or different violations.
(Prior code § 1-069)
A.
In determining
the date when civil penalties started to accrue, a Director may consider
the date when the department first discovered the violations as evidenced
by the issuance of a notice of violation or any other written correspondence.
B.
The
assessment of civil penalties shall end when all action required by
the notice and order has been completed.
C.
In determining
the amount of the civil penalty to be assessed on a daily rate, the
Director may consider some or all of the following factors:
1.
The
duration of the violation;
2.
The
frequency or recurrence of the violation;
3.
The
seriousness of the violation;
4.
The
history of the violation;
5.
The
responsible person's conduct after issuance of the notice and order;
6.
The
good faith effort by the responsible person to comply;
7.
The
economic impact of the penalty on the responsible person;
8.
The
impact of the violation upon the community;
9.
Any
other factors that justice may require.
(Prior code § 1-070)
The Director may collect all civil penalties and related administrative
costs by the use of all appropriate legal means, including, but not
limited to, the recordation of a code enforcement lien pursuant to
the procedures set forth in this title. If unable to collect the obligation,
the Director may refer the obligation to the City Attorney to file
a court action to recover these penalties and costs.
(Prior code § 1-071)
Once payment in full is received for the outstanding civil penalties
and costs or the amount is deemed satisfied pursuant to a subsequent
administrative or judicial order, the Director shall, within 10 days
from the date payment is made or decision is final, record a notice
of satisfaction with the County Recorder's office. The notice of satisfaction
shall include the same information as provided for in the original
code enforcement lien. Such notice of satisfaction shall cancel the
code enforcement lien.
(Prior code § 1-072)
The Director or Hearing Officer is authorized to assess any
reasonable administrative costs. Administrative costs may include
scheduling and processing of the hearing and all subsequent actions.
(Prior code § 1-073)
The Director shall request the City Manager to appoint a Hearing Officer and the Director shall establish a date, time and place for the civil penalties hearing in accordance with Chapter 1.44 when the responsible person fails to comply with the terms of the notice and order. Failure to comply includes failure to pay the assessed civil penalties, failure to commence and complete corrections by the established deadlines or failure to refrain from continuing violations of the Municipal Code or applicable State codes.
(Prior code § 1-074)
A.
The procedures for the civil penalties hearing are the same as the hearing procedures set forth in Chapter 1.44.
B.
The Hearing Officer shall only consider evidence that is relevant to the following issues: (1) whether the responsible person has caused or maintained a violation of the Municipal Code or applicable State code that existed on the dates specified in the notice and order; and (2) whether the amount of civil penalties assessed by the Director pursuant to the procedures and criteria outlined in Section 1.40.040 was reasonable.
(Prior code § 1-075)
