Whenever the fire chief determines that any property within the city is being maintained contrary to one or more of the provisions of this chapter, he/she will give written notice (“Notice to Abate”) to the owner of said property stating the section(s) being violated. Such notice shall set forth a reasonable time limit, in no event less than seven calendar days, for correcting the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with provisions of Section
8.54.110 covering service in person or by certified mail.
(Ord. 1240 § 2, 1999)
Whenever a code enforcement officer charged with the enforcement
of any provision of this code determines that a violation has occurred,
including a failure to comply with a term or condition imposed by
any agreement, entitlement, permit, license or environmental document
issued or approved by or on behalf of the city, or a failure to comply
with any county, state or federal law, the enforcement officer shall
have the authority to issue an administrative citation to any person
responsible for that violation pursuant to the city’s general
police powers, and/or
Government Code Sections 36901 and 53069.4.
(a) Contents
of the Citation. Each administrative citation shall be issued on a
form approved by the city attorney and shall contain the following
information:
(1) The date of the violation;
(2) The address or a definite description of the location where the violation
occurred;
(3) The name, address, and other identifying information for the person
being cited;
(4) The section of this code violated and a description of the violation;
(5) The amount of the fine for the violation;
(6) A description of how, when and where the fine must be paid;
(7) An order prohibiting the continuation or repeated occurrence of the
violation;
(8) Identification of rights of appeal, including the time within which
the administrative citation may be contested and the place to obtain
a request for hearing form to contest the administrative citation;
(9) An order to the responsible person to correct the violations within
the time specified, and an explanation of the consequences of failure
to correct the violation(s);
(10) The name and signature of the citing enforcement officer; and
(11) To the extent possible, the signature of the responsible person,
if he or she can be located. If the responsible person refuses or
fails to sign the administrative citation, the failure or refusal
to sign shall not affect the validity of the citation and subsequent
proceedings.
(b) Each
and every day during any portion of which a nuisance condition exists
or continues may be deemed a separate and distinct violation for purposes
of setting the amount of penalty to be imposed. Any penalty imposed
will accrue on a daily basis from the date the penalty becomes effective
until the violation is corrected.
(c) Service
Procedures. An administrative citation may be issued to the responsible
person by an enforcement officer for violations of the municipal code
or applicable state code in the following manner:
(1) Personal Service. In any case where an administrative citation is
issued the enforcement officer shall attempt to locate and personally
serve the responsible person and obtain the signature of the responsible
person on the administrative citation. If the responsible person served
refuses or fails to accept the administrative citation, the failure
or refusal shall not affect the validity of the administrative citation
or of any subsequent proceedings.
(2) Service of Citation by Mail. If the enforcement officer is unable
to locate the responsible person, the administrative citation shall
be mailed to the responsible person by certified mail, postage prepaid
with a request return receipt. Simultaneously, a copy of the citation
may be sent by first class mail. If the citation sent by certified
mail is returned unsigned, then service shall be deemed effective
pursuant to first class mail, provided the citation copy sent by first
class mail is not returned.
(3) Service of Citation by Posting Notice. If the enforcement officer
does not succeed in personally serving the responsible person, or
is unsuccessful in serving by certified mail or regular mail, the
enforcement officer shall post the administrative citation on any
real property within the city in which the city has knowledge that
the responsible person has a legal interest, and such posting shall
be deemed effective service.
(Ord. 1413 § 1, 2009)
(a) Penalty/Citation
Amounts for an Infraction. The amount of any penalty that may be imposed
for a violation that would otherwise be an infraction shall not exceed
the amounts set forth in
Government Code Section 36900(b). Every violation
determined to be an infraction is punishable by: (1) a fine not exceeding
one hundred dollars for a first violation; (2) a fine not exceeding
two hundred dollars for a second violation of the same ordinance;
and (3) a fine not exceeding five hundred dollars for each additional
violation of the same ordinance within one year.
(b) Penalty/Citation
Amounts for Violation of Local Building and Safety Codes. The amount
of any penalty that may be imposed for a violation of local building
and safety codes determined to be an infractions is: (1) a fine not
exceeding one hundred dollars for a first violation; (2) a fine not
exceeding five hundred dollars for a second violation of the same
ordinance within one year; and (3) a fine not exceeding one thousand
dollars for each additional violation of the same ordinance within
one year of the first violation.
(c) The
amount of any penalty that may be imposed for all other violations
(i.e., violations that would otherwise be misdemeanors) shall not
exceed one thousand dollars per day, unless otherwise authorized by
law.
(d) In
determining the amount of a penalty, the following factors should
be taken into consideration:
(1) Duration of the violation;
(2) Frequency, reoccurrence, or number of violations by the same person;
(3) Seriousness of the violation and/or its impact on the community and/or
the degree of culpability of the responsible party;
(4) Justification, if any, for the existence, or continuance, of the
violation;
(5) Whether the violation is susceptible to restoration or other mitigation;
(6) Good faith efforts to mitigate the violation or to come into compliance,
pursuant to the terms of the notice to abate or abatement order;
(7) Sensitivity of any affected resource;
(8) Any profits or other economic benefit realized by the responsible
party resulting, directly or indirectly, from the violation;
(9) The city’s schedule of administrative penalties currently existing
or subsequently enacted; and
(10) Such other factors as justice may require.
(e) The cumulative amount of any penalties imposed pursuant to this section shall not exceed ten thousand dollars for any single code enforcement case. Notwithstanding the foregoing, penalties imposed pursuant to this Section for violations of Article
VII of this chapter, the cumulative penalty shall not exceed twenty-five thousand dollars. These penalty limitations shall not prevent the imposition of additional fines on a single property in a separate or subsequent code enforcement action.
(Ord. 1413 § 1, 2009; Ord. 1484 § 2, 2014)
If the violation pertains to a building, plumbing, electrical
or other similar structural or zoning matter that does not create
an immediate danger to health or safety, the enforcement officer shall
afford the person responsible for the continuing violation a reasonable
period, not less than five days, to correct or otherwise remedy the
violation prior to the imposition of administrative fines.
The citee of a violation under this section may request an extension
of the correction period provided that a request is filed with the
chief building official before the correction period ends. The chief
building official may, in his or her discretion grant a reasonable
extension of correction period if the citee has supplied adequate
evidence demonstrating that the correction cannot reasonably be made
within the correction period. The chief building official’s
decision shall be in writing and is final. The filing for such an
extension does not, unless granted, extend the correction period or
any other time periods set by this chapter.
(Ord. 1240 § 2, 1999; Ord. 1413 § 1, 2009)
Enforcement of a notice to abate or penalty shall be stayed
during the pendency of an appeal therefrom which is properly and timely
filed, unless the city obtains an order from a court of competent
jurisdiction requiring or authorizing the abatement of the condition
that is the subject of the city’s enforcement efforts.
(Ord. 1240 § 2, 1999; Ord. 1413 § 1, 2009)
(a) An
appeal hearing based on a request for hearing shall be set for a date
not less than ten days nor more than sixty days from the date the
request for hearing form is filed unless the enforcement officer determines
that the matter is urgent or that good cause exists for an extension
of time, in which case the hearing date may be shortened or extended,
as warranted by the circumstances.
(b) A
hearing under authority of this section shall be conducted according
to the procedures set forth herein. The failure of the responsible
party or other interested party to appear at the hearing following
proper notice shall constitute a waiver of the right to be heard and
a failure by such party to exhaust his or her administrative remedies.
(1) When a request for hearing is filed, the city manager, or his or
her designee, shall set the time and place for hearing pursuant to
subsection (a) of this section, and shall serve a notice of hearing
either personally or by U.S. mail, first-class postage prepaid, to
the appellant at the address provided in the request for hearing form.
The time for such hearing shall be no sooner than ten days from the
date of service of the notice of hearing.
(2) At the place and time set forth in the notice of hearing, the hearing
officer shall conduct a hearing on the alleged violations. Any responsible
party or other interested person(s) may appear and offer evidence
as to whether a violation has occurred and/or whether the violation
continues to exist, whether the person cited is the responsible party
for any such violation, whether a penalty or the amount of a penalty
is warranted, or any other matter pertaining thereto. Evidence presented
by the enforcement officer or other official of the city tending to
show that a violation occurred and that the person named on the notice
to abate as the responsible party shall establish a prima facie case
that a violation, as charged, actually existed and that the person
named in the notice to abate is the responsible party for the violation.
The burden of proof shall then be on the responsible party to refute
such evidence. The standard to be applied for meeting such burden
shall be a preponderance of evidence.
(3) The hearing officer shall consider written or oral testimony or other
evidence regarding the violation presented by the responsible party,
the owner, the occupant, any officer, employee, or agent of the city,
and any other interested party. Evidence offered during a hearing
must be credible and relevant in the may adjourn the hearing and take
the matter under consideration of the hearing officer, but formal
rules governing the presentation and consideration of evidence shall
not apply.
(4) The hearing officer shall conduct the hearing, order the presentation
of evidence, and make any rulings necessary to address procedural
issues presented during the course of the hearing.
(5) After receiving all of the evidence presented, the hearing officer
may then deliberate and consider what action, if any, should be taken,
or may adjourn the hearing and take matters under consideration.
(6) The hearing officer, in his or her discretion, may suspend the imposition
of any applicable penalty for a period of time not to exceed sixty
days during which the responsible party has demonstrated a willingness
to correct the violations listed in the notice to abate or comply
with an abatement order, or has applied for permits required to achieve
compliance and such permit applications are actively pending before,
or have already been issued by, the city, state, or other appropriate
governmental agency, or under any other circumstances that would justify
a suspension of the penalty.
(Ord. 1240 § 2, 1999; Ord. 1413 § 1, 2009)
(a) Within
ten days following the conclusion of the hearing, the hearing officer
shall make a decision regarding the issues presented during the course
of the hearing, and the decision shall be based on a preponderance
of the evidence. After making a decision, the hearing officer may
issue an abatement order.
(b) The responsible party and any interested party requesting a copy of an abatement order or administrative order shall be served with a copy of said order in accordance with Section
8.54.135.
(c) An
abatement order shall become effective and enforceable immediately
after announcement or service of such order unless the order includes
a later effective date. It shall include a statement of the right
to have the order judicially reviewed by filing a writ of mandate
within ninety days after the administrative decision becomes final
(as determined in
Code of Civil Procedure Section 1094.6).
(d) An
abatement order may include any combination of the following remedies:
(2) Issue a "cease and desist" order requiring the responsible party, or any agent, representative, employee, or contractor of the responsible party, to immediately stop any act, conduct, or condition that is a violation of this code. A cease and desist order issued pursuant to this section shall be effective upon issuance and shall be served on the responsible party in the manner specified in Section
8.54.135.
(3) Require the responsible party to correct or eliminate any violation,
including a proposed schedule for correction or elimination of said
violation within a reasonable time. If a violation pertains to building,
plumbing, electrical, or any other structural or zoning issues and
the violation does not create an immediate threat to health or safety,
the responsible party shall be provided at least fifteen calendar
days to correct, abate, or otherwise remedy the violation.
(4) Require the responsible party, or to authorize the city, to restore
a site or location that has been damaged or disturbed as a result
of a violation of this code to a previolation condition. Any order
authorizing the city to undertake restoration efforts shall include
provisions for the city to recover all restoration costs and expenses,
including administrative costs, from the responsible party.
(5) Require the responsible party, or authorize the city, to mitigate
any damage or disturbance to protected or environmentally sensitive
areas as a result of any violation, including without limitation off-site
replacement of damaged or destroyed natural resources where on-site
restoration or mitigation is not feasible, as determined by the city.
Any order authorizing the city to undertake mitigation efforts shall
include provisions for the city to recover all costs of abatement,
including mitigation costs and expenses, from the responsible party.
(6) Impose conditions that restrict or regulate the development of, use
of, or activity on real property where a nexus exists between the
violation(s) and the development, use or activity. Conditions may
be imposed until the violations are fully abated. Restrictions and
regulations on current or future development, use or activity may
include site restoration and/or the suspension or revocation of any
entitlements issued by the city.
(7) Authorize the city to abate or cause the abatement of a nuisance condition where the responsible party has refused or has otherwise neglected to take steps to correct or eliminate said conditions. The abatement order shall specify that if the city undertakes to abate or eliminate any nuisance condition, the city shall be entitled to recover all costs of abatement incurred in performing such work and other costs necessary to enforce the order. Such costs may be recovered by the city as a personal obligation and/or through a lien or a special assessment on the affected property as provided in Section
8.54.305.
(8) Sustain, modify, or overrule a notice to abate and/or administrative
citations issued by an enforcement officer.
(9) Any other order or remedy that serves the interests of justice.
(e) The
city may seek to enforce any abatement order by confirmation from
a court of competent jurisdiction. Any abatement order that is judicially
confirmed may be enforced through all applicable judicial enforcement
measures, including without limitation, contempt proceedings upon
a subsequent violation of such order.
(Ord. 1240 § 2, 1999; Ord. 1413 § 1, 2009)
A copy of the decision of the city manager or his or her designee ordering the abatement of said nuisance shall be served upon the owner(s) of said property in accordance with the provisions of Section
8.54.110. Upon abatement in full by the owner, the proceedings hereunder shall terminate.
(Ord. 1240 § 2, 1999)
The property shall be rehabilitated, repaired, removed or abated in the manner and means specifically set forth in said findings and order. In the event the owner fails to abate the nuisance as ordered, the fire chief shall cause the same to be abated by city employees or private contract. The costs shall be billed to the owner, as specified in Section
8.54.145. In appropriate circumstances, the fire chief shall request the city attorney to obtain all necessary judicial approval for entry onto the subject premises for abatement purposes.
(Ord. 1240 § 2, 1999)
Any judicial action appealing the city manager’s decision
and order shall be commenced within thirty calendar days of the date
of service of the decision.
(Ord. 1240 § 2, 1999)