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)
(a) 
Upon receipt of an administrative citation, the responsible person must do the following:
(1) 
Pay the fine to the city within fifteen days from the correction date of the administrative citation. All penalties assessed shall be paid to the city. Payment of a penalty shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city.
(2) 
Remedy the violation(s), if the violation(s) is of such a nature that it can be remedied. If the violation(s) is corrected before the date provided on the citation, no fine shall be imposed. If the responsible person fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s).
(b) 
The payment of a penalty by or on behalf of any responsible party shall not relieve such party from the responsibility of correcting, removing or abating the nuisance condition, or performing restoration where required, nor prevent further proceedings under this chapter or any other authority to achieve the correction, removal or abatement of the nuisance, or any required restoration.
(Ord. 1413 § 1, 2009)
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)
(a) 
Any recipient of a citation or notice to abate may appeal the determination that there was a violation of the South San Francisco Municipal Code, that a penalty or the penalty amount is warranted, or that he or she is the responsible person by completing a request for appeal hearing form and returning it to the city within fifteen days from the date of the administrative citation or notice to abate, together with an advance deposit in the amount of the penalties assessed. A request for hearing form may be obtained from the department specified on the administrative citation.
(b) 
Advance Deposit—Hardship Waiver. No appeal shall proceed without payment of the advance deposit of the fine owed at the time the appeal is filed; provided, that the hearing officer may waive or defer the advance deposit requirement upon notice that a request for an advance deposit hardship waiver has been filed. The request for a waiver shall be filed with the finance department on an advance deposit hardship waiver application form, available from the finance department, within ten days of the date of the administrative citation. The requirement of depositing the full amount of the fine shall be stayed unless or until the finance director makes a determination not to issue the advance deposit hardship waiver. The finance director may waive the requirement of an advance deposit only if the cited party submits to the director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the director the person’s actual financial inability to deposit with the city the full amount of the fine in advance of the hearing. If the finance director determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within ten days of that decision.
(c) 
If the hearing officer finds that no violation occurred, that the violation was corrected within the specified time period, or that the person cited is not the responsible party, the hearing officer may issue an administrative order to reflect those facts, and the city shall refund the amount of the deposited fine within fifteen days from the determination.
(d) 
Failure to timely submit a completed request for hearing form or to pay the advance deposit of any penalties constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies.
(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:
(1) 
Impose or uphold a penalty, subject to Government Code Sections 36900(b) and 53069.4.
(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) 
Any responsible party who is aggrieved by a decision of a hearing officer or department pursuant to this chapter, and who has exhausted the administrative remedies provided in this code, or any other applicable law, shall have the right to seek judicial review of such decision by filing a petition for writ of mandate in accordance with Code of Civil Procedure Section 1094.5. A petition for writ of mandate must be filed within ninety days after the administrative decision becomes final (as determined in Code of Civil Procedure Section 1094.6).
Notwithstanding these time limits, where a shorter time limitation is provided by any other law, including that set forth in Government Code Section 53069.4 (see subsection (e) of this section), such shorter time limit shall apply.
(b) 
Written notice of the time limitation in which a party may seek judicial review of an abatement order shall be given to all responsible parties in the matter by the city in substantially the following form:
"Judicial review of this decision may be sought by following the procedure outlined in Code of Civil Procedure Section 1094.5. Judicial review must be sought not later than the ninetieth day following the date on which this decision becomes final, except that where a shorter time is provided by any state or federal law, such shorter time limit shall apply."
(c) 
This section shall not be deemed to revive any cause of action or grounds for relief through a special proceeding that is barred by law or equity.
(d) 
All costs of preparing an administrative record that may be recovered by a local agency pursuant to Code of Civil Procedure Section 1094.5(a) or successor statute shall be paid by the petitioner prior to delivery of the record to petitioner.
(e) 
Any responsible party against whom a penalty has been imposed and who has exhausted the administrative remedies provided in this code or other applicable law may obtain judicial review of said penalty pursuant to Government Code Section 53069.4 by filing an appeal to the San Mateo County Superior Court, subject to the time limits described therein. Any such appeal shall be filed as a limited civil case. Written notice of the subject time limits shall be given to all responsible parties against whom a penalty is imposed in substantially the following form:
"The time within which judicial review of the penalty imposed by this order must be sought is governed by Government Code Section 53069.4. Judicial review must be sought not later than twenty days after service of the order imposing or confirming such penalty."
(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)
(a) 
Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public, the condition or use may be summarily abated by the city without notice or hearing.
(b) 
When summary abatement is necessary, it shall be ordered only by the city manager or the person performing the duties of city manager pursuant to Section 2.36.020 of this code.
(c) 
Summary abatement shall be limited to those actions necessary to eliminate the immediate threat to the public health and safety.
(d) 
Notice of the summary abatement shall be provided to the owner(s) as soon as practical in accordance with provisions of Section 8.54.110 covering service in person or by certified mail.
(e) 
The costs and expenses of a summary abatement shall be made a lien on the property and shall be collected pursuant to the recovery of costs provisions set forth in this chapter at Section 8.54.200 et seq.
(Ord. 1266 § 1, 2000)