An enforcement officer must comply with the procedures set forth
in this chapter in order to collect enforcement and response costs
from a responsible party.
(Ord. 2150 § 3, 2018)
Unless the contrary is stated or clearly appears from the context,
the following definitions will govern the construction of the words
and phrases used in this chapter:
"Alcohol"
has the same meaning as set forth in Business and Professions
Code Section 23003.
"Alcoholic beverage"
has the same meaning as set forth in Business and Professions
Code Section 23004.
"Code violation"
means any violation of this code or any federal, state, or
local law that the city may enforce pursuant to the city council's
legislative action or any other provision of law for which the city
may recover its response costs. This term will include both singular
and plural.
"Disturbance"
means a threat to public peace, health, safety and welfare,
including, but not limited to, the following:
(1)
Disturbing the peace in violation of California
Penal Code Section
415;
(2)
Disorderly conduct in violation of California
Penal Code Section
647;
(3)
Brandishing a weapon in violation of California
Penal Code Section
417;
(4)
Assault and/or battery in violation of California
Penal Code
Sections 240 and 242;
(5)
Assault with a deadly weapon in violation of California Penal
Code Section 245;
(6)
Riot in violation of California
Penal Code Section 404 or riot
in violation of California
Penal Code Section 406; and
(7)
Unlawful assembly in violation of California
Penal Code Section
407.
"Enforcement action"
means any action taken to correct a code violation including,
without limitation, an unruly gathering or disturbance.
"Hearing officer"
means a third-party, independent, hearing officer appointed
by the director.
"Incidental expenses"
include, without limitation, actual expenses, city administrative
costs and other costs of the city of all previous code enforcement
efforts, the preparation of the abatement work specifications, contracts,
and staff time in inspecting the work, as well as the costs of printing,
posting and mailings required by this chapter.
"Minor"
means, except as otherwise provided, a person under twenty-one
years of age.
"Premises"
means any unimproved or improved real property, including,
without limitation, dwelling units, rental units, garage facilities,
streets, alleyways, stairwells, elevators, and, as the context permits
or requires, any public or private property which abuts any of such
areas.
"Reinspection date"
means the date on or after which an enforcement officer conducts
an inspection to verify correction of a code violation.
"Rental unit"
includes:
(1)
Any dwelling unit as defined in this code including, without
limitation, any singleand multi-family residence, duplex, or condominium,
boarding house, or residential care facility located in the city;
(4)
Any mobile home, whether rent is paid for the mobile home, the
land upon which the mobile home is located, or both; and
(5)
Any recreational vehicle, as defined in
Civil Code Section 799.29
and
Health and Safety Code Section 18010, if located in a mobile home
park or recreational vehicle park, whether rent is paid for the recreation
vehicle, the land upon which it is located, or both.
"Repeat offender"
means a responsible person who, following a written notice of violation pursuant to Section
4.40.070, repeatedly violates the same code provision(s) identified in the notice.
"Response costs"
means the cost associated with responses by law enforcement,
fire, and other public services (for example, public works or building
safety) to enforcement actions including, without limitation:
(1)
Salaries and benefits of personnel for the amount of time spent
responding to, remaining at, or otherwise addressing enforcement actions
and the administrative costs attributable to such response(s);
(2)
The cost of any medical treatment to or for any personnel injured
responding to, remaining at or leaving an enforcement action;
(3)
Actual cost of preparing notices, correspondence, specifications,
and contracts;
(4)
Personnel costs incurred for property inspections. Such costs
will be calculated at an hourly rate based on a schedule established
by city council resolution;
(5)
The cost of printing and mailing;
(6)
Costs related to inspection warrants;
(7)
Costs related to office hearings and administrative adjudications;
(8)
Attorney's fees expended in enforcement actions including, without
limitation, any action to recover response costs pursuant to this
chapter;
(9)
All costs or expenses for which the city may be liable under
state law arising from or related to an enforcement action;
(10)
The cost of repairing any city equipment or property damage,
and the cost of the use of any such equipment, in responding to, remaining
at or leaving enforcement actions; and
(11)
Any other costs recoverable in compliance with applicable law
including, without limitation,
Civil Code Section 1714.9.
"Responsible person"
has the same meaning as set forth in Section
4.20.030 of this code. A responsible person need not be present in order to be liable for response costs. Prior knowledge of code violations is not required for a finding that an individual is a responsible person. A person may be considered a responsible person regardless of whether that person paid compensation for the use of a premises.
"Unruly gathering"
means any activity involving two or more persons on a premises
which includes any of the following and interferes with the comfortable
enjoyment of life, public or private property, or public safety:
(1)
Violations of this code with regard to noise;
(2)
Interference with the normal flow of pedestrian or vehicle traffic
in violation of this code or other applicable law;
(3)
Curfew violations of this code by minors;
(4)
Consumption of alcohol and alcoholic beverages in violation
of this Code or other applicable law including, without limitation,
or consumption of alcoholic beverages by minors; and
(5)
Illegal drug activity or use of controlled substances in violation
of any applicable law.
(Ord. 2150 § 3, 2018)
The director will administer this chapter. The city manager
may promulgate such administrative procedures as may be necessary
to implement the provisions of this chapter.
(Ord. 2150 § 3, 2018)
Utilization of any public employee during any response to enforcement
actions after the first warning, where responding enforcement officers
determine there is a violation of this code, is a public service over
and above the services generally provided within the city's jurisdiction
and, accordingly, constitutes a special public service authorizing
the city to recover its response costs.
(Ord. 2150 § 3, 2018)
If no responsible person is available on the premises when the
enforcement officer is present, or the responsible person refuses
to sign receipt of the notice, a copy of the notice must be posted
in a conspicuous place on the premises on each occasion the police
respond.
(Ord. 2150 § 3, 2018)
Response costs will be charged in those instances where the responsible party fails to correct the code violations by the reinspection date or, for repeat offenders, will be charged from the date enforcement officers determine that the same specified condition exists within six months of the initial response. For repeat offenders of Section
4.40.040, response costs will be charged from the date enforcement officers are required to respond to the same property within twelve hours of the initial response or three or more times within six months of the initial response. However, if a court of competent jurisdiction dismisses an enforcement action or subsequently finds the responsible party innocent of all alleged code violations, no response costs will be charged to the responsible party.
(Ord. 2150 § 3, 2018)
The procedures prescribed in this chapter must only be followed
if the city is to recover response costs in an enforcement action.
The recovery of response costs will be in addition to any fines or
penalties that may be imposed under this code or by court order.
(Ord. 2150 § 3, 2018)
All response costs will be paid to the city. Should a responsible
party fail to pay all response costs for which it has been charged
within the time prescribed herein, the city may effectuate payment
through a collection agency or through any other legal means at its
disposal.
(Ord. 2150 § 3, 2018)
Responsible persons served with a response cost invoice in accordance
with this chapter may appeal the response cost invoice provided:
(a) A
request for review must be commenced within ten days from the date
on which the response cost invoice is served on the responsible person.
If an appeals request is untimely, the director may, nevertheless,
extend the time for commencing such review for good cause shown.
(b) A
request for appeal must be accompanied by an advance deposit of the
response costs or a request for a hardship waiver, and must be made
on a form provided by the director which contains the following information:
(1) The name, address and telephone number of the person making the request;
(2) A copy of the response cost invoice or, if that document is unavailable,
the approximate date, time, address, and amount of response costs;
(3) A brief description of all grounds for making the request;
(4) Whether an administrative hearing is requested; and
(5) Such other information as the city may require.
(c) Upon
receiving an appeal, the director must appoint a hearing officer to
review the request.
(d) If
a responsible person requests a hearing, the director will schedule
a hearing on a date not less than fifteen nor more than sixty days
from the date the hearing is requested. Written notice of the date,
time and location of the administrative hearing must be provided to
the responsible person at least fifteen days before the hearing date.
(Ord. 2150 § 3, 2018)
In addition to any other legal remedy, the city may place a
lien on property owned by the responsible person in an amount equal
to the sum of the response costs delinquent for more than ninety days,
plus penalties and interest. If multiple responsible persons exist,
they will be jointly and severally liable for any payments so ordered.
(Ord. 2150 § 3, 2018)
Within thirty days following the city council's adoption of
a resolution imposing a lien, the director will file same as a judgment
lien in the Los Angeles County recorder's office.
(Ord. 2150 § 3, 2018)
Each responsible person against whose property an assessment
is levied pursuant to this chapter will also be assessed an administrative
fee in an amount established by city council resolution based on the
costs incurred in levying the assessment. The administrative fee will
be included in the lien amount approved by the city council and recorded
against the responsible person's property.
(Ord. 2150 § 3, 2018)
Once the city receives full payment for outstanding principal,
penalties, and costs, the director will either record a notice of
satisfaction or provide the responsible person with a notice of satisfaction
for recordation at the Los Angeles County recorder's office. This
notice of satisfaction will cancel the city's lien.
(Ord. 2150 § 3, 2018)