The enforcement of this code and applicable state codes throughout the city is an important public service and is vital to the protection of the public's health, safety, and quality of life. There is a need for alternative methods of code enforcement, and a comprehensive code enforcement system uses a combination of judicial and administrative remedies to gain compliance with code regulations. There is a need to draft precise regulations that can be effectively applied in judicial and administrative proceedings, and there is a need to establish uniform procedures for administrative enforcement hearings.
(Ord. NS-591 § 1, 2001; Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)
The following definitions apply in interpreting and enforcing this chapter:
"Administrative code enforcement remedies"
include administrative abatement, summary abatement, civil penalties, notices of violation, administrative citations, recordation of notices of violation and certificates of noncompliance, and the withholding or revocation of permits as authorized by this code.
"Administrative costs"
means the actual costs incurred by the city from first discovery of a violation through the appeal process and until compliance is achieved, including staff time inspecting property, documenting violations, sending notices, and interviewing and responding to witnesses/complaining parties; laboratory, photographic, printing and other expenses incurred to document or establish the existence of a violation; scheduling and processing of any administrative hearing and related actions; and time and resources necessary to prepare for and participate in any appeal hearing. The amount of administrative costs shall not exceed the actual cost incurred in performing inspections and enforcement activity, including permit fees, fines, late charges, and interest.
"Administrative enforcement order"
means an administrative hearing officer's written decision and order.
"Administrative hearing officer"
means any neutral third party contracted by the city to preside over administrative hearings.
"Administrative penalty"
means a monetary fine imposed by the city for acts or omissions determined to violate this code.
"Director"
means the director of any city department, including, but not limited to, the Director of Community Development, the Director of Public Works, the Director of Finance, and the Director of Environmental Management.
"Enforcement officer"
means any city employee or agent of the city with the authority to enforce any provision of this code.
"Notice"
means a notice of violation, a notice and order for civil penalties, a notice of ineligibility for land development, a notice of hearing, and any notice and order that may be issued by the city pursuant to this code or any state code.
"Person"
means a natural person, firm, association, business, trust, organization, corporation, partnership, company, or other entity, which is recognized by law as the subject of rights or duties.
"Responsible party"
means a person in charge of a premises or location, or a person responsible for an event or incident, and includes any of the following:
1. 
A person who owns a property where a violation exists.
2. 
A person in charge of or exercising control over a premises where a violation exists.
3. 
A person renting, leasing, or using a premises where a violation exists.
4. 
If a person is a minor under the age of 18, the parents or guardians of the minor shall be the responsible party.
5. 
If a person is a business entity, the manager or on-site supervisor where a violation exists shall be a responsible party.
(Ord. NS-591 § 1, 2001; Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)
The procedures established in this chapter shall be in addition to criminal, civil, or other legal and equitable remedies established by law which may be pursued to address violations of this code or applicable state codes, including cease and desist orders for violations that pose a threat to health, safety, welfare, or the environment. The use of this chapter shall be at the sole discretion of the city.
(Ord. CS-434 § 3, 2022)
A. 
Unless otherwise specified in this code, the City Manager or designee or designated enforcement officer shall have the power to inspect public and private property, and use the judicial and administrative remedies available under this code and state law to enforce any violation of any provision of this code, any permit or license approved pursuant to any provision of this code, any condition of approval of a permit or entitlement granted pursuant to any provision of this code, any required environmental mitigation measure, any term or condition of any city agreement pursuant to a police power, or any order issued by or on behalf of the city or by an administrative hearing officer contracted with the city.
B. 
The City Manager or designee or designated enforcement officer shall have the power to issue the following notices, orders, and citations in accordance with the procedures set forth in Section 1.10.040 of this chapter, unless another procedure is specified in this section:
1. 
Notice of violation. A notice of violation may be issued to a responsible party pursuant to the procedures of Article I of this chapter.
2. 
Administrative citation. An administrative citation may be issued to a responsible party pursuant to the procedures of Article II of this chapter.
3. 
Compliance agreement and order. At the discretion of the Code Enforcement Manager and in consultation with the City Attorney, a compliance agreement and order may be executed with a property owner and any responsible party(ies) to ensure ongoing and long-term actions to remedy any violation of this code or other violation as stated in Section 1.10.020(A) of this chapter. The compliance agreement and order may contain a compliance schedule with milestones, penalty payment plans and due dates, action plans, compliance meetings, or other measures necessary to achieve and maintain compliance.
4. 
Notice of hearing.
a. 
The City Manager or designee may issue a notice of nuisance abatement hearing for violations of Chapter 6.16 of this code to a property owner and any additional responsible party pursuant to the procedures in Chapter 6.16 of this code.
b. 
For all other violations of this code or other violations as stated in Section 1.10.020(A) of this chapter, a designated enforcement officer may issue a notice of hearing to a property owner and any additional responsible party if cure or abatement of the violation(s) is not achieved by the compliance date provided on the notice, administrative citation, or order, or within three business days of issuance if no date is provided.
c. 
The following procedures shall apply when a notice of hearing is issued:
i. 
The city shall file the notice of hearing with the City Clerk's office.
ii. 
The hearing shall be scheduled, noticed, and administered in accordance with Article III of Chapter 1.10 of this code.
iii. 
The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 calendar days prior to the date of the hearing.
iv. 
If the enforcement officer submits an additional written report concerning the violation to the administrative hearing officer at the hearing, then a copy of that report shall also be served on the person requesting the hearing at least five calendar days prior to the date of the hearing.
v. 
Within 15 days of receipt of the notice of hearing, the property owner or responsible party shall pay an advance deposit of the full amount of any administrative penalties owed or file a request for an advance deposit hardship waiver pursuant to Section 1.10.120(F) of this chapter. A failure to comply with the requirements of this provision will not prohibit the city from proceeding with the hearing.
5. 
Stop work order and stop use order.
a. 
Reason for issuance. Without advance written notice, a stop work order or stop use order may be issued to a property owner or responsible party to immediately cease any construction, installation, operation, or activity, or to immediately cease the use of a building, building component, structure, or mechanical device for any of the following reasons:
i. 
There is reasonable cause to believe that the construction, installation, activity, existing condition, or method of operation creates an imminent danger to public safety or health as a result of a violation of this code or of other applicable law.
ii. 
The activity is being performed or conducted by an individual who does not hold the appropriate license, certification, or registration as required by this code or by other applicable law.
iii. 
The construction, installation, activity, or operation has not been approved or has not been issued the appropriate permit as required by this code or by other applicable law.
iv. 
Where a permit has been issued and no imminent danger circumstances defined in Section 1.10.020(B)(5)(a)(i) of this chapter exist, the City Attorney's office must review the stop work order or stop use order before issuance to ensure the work or use is unlawful.
b. 
Issuance of order.
i. 
Unless otherwise specified in this code, a stop work order or stop use order shall be issued only upon the review and approval of the Director of Community Development or designee. This section is not intended to conflict with, override, or interfere with other sections of this code that provide the building official, City Engineer, Director of Public Works, City Planner, or their designee with primary stop work order authority and enforcement responsibility.
ii. 
A stop work order or stop use order shall be in writing and shall be served using the procedures in Section 1.10.040(A)(2) of this chapter, requiring posting and mailing.
iii. 
The stop work order or stop use order shall include at least all of the following:
(A) 
The date and location of the violation(s) and, if applicable, the approximate time the violation(s) were observed.
(B) 
The code section(s) violated and describe how the section(s) were violated.
(C) 
A description of the application and the extent of the order describing the object, component, or activity covered by the order. A stop work order or stop use order issued in relation to the construction of a building may not extend to other activities or portions of a building, structure, building component, or mechanical device that is not directly associated with the reason for the stop work order or stop use order.
(D) 
A description of the action required to correct the violation(s) and a requirement that the corrective action take place immediately.
(E) 
A reference that the stop work order or stop use order shall remain in effect until the enforcement officer or City Manager or designee determines that the conditions of the order are fulfilled, or until the order is rescinded or overturned by the City Manager or designee.
(F) 
The signature of the issuing enforcement officer and the Director of Community Development or designee, or if issued pursuant to another chapter of this code, the signature of the issuing building official, City Engineer, Director of Public Works, City Planner, or their designee. The City Attorney's office must also review any stop work order or stop work order issued pursuant to Section 1.10.020(B)(5)(a)(iv) of this chapter.
(G) 
Instructions for submitting a request to appeal the stop work order or stop use order to the City Manager or designee, consistent with Section 1.10.020(B)(5)(c) of this chapter.
(H) 
A reference to the potential consequences should the property owner or responsible party refuse to immediately comply with the conditions of the stop work order or stop use order, including criminal prosecution; civil injunction; administrative abatement; additional administrative citations; an administrative hearing requested by the city to resolve the violations; suspension, revocation, or stay of issuance of municipal permits or other city authorizations; recordation of notices of violation, certificates of noncompliance, or notices of ineligibility for land development; bonding requirements; and referral to other enforcement authorities.
iv. 
The city may post a sign or notice to the public regarding the issuance of a stop work order or stop use order. The sign or notice shall be posted in a conspicuous location and shall remain where posted until the enforcement officer or City Manager determines that the conditions of the order are fulfilled, or until the order is rescinded or overturned by the City Manager.
v. 
The property owner or responsible party must furnish to the city any additional information, investigations and reports necessary to resolve the stop work order or stop use order conditions. The property owner or responsible party must pay for all expenses associated with furnishing these items, as well as any additional staff time to resolve the stop work order or stop use order conditions.
vi. 
Any person who continues or allows prohibited work or a prohibited use after a stop work order or stop use order has been issued by the city, or who removes a stop work order or stop use order posted by the city, is in violation of the stop work order or stop use order. This offense will be treated as a violation of this code and may be prosecuted as an infraction or misdemeanor at the discretion of the City Attorney. The city may use any other available legal or equitable remedy to recover any penalties, costs, fees, and obtain compliance with the stop work order or stop use order, as provided in this code or other applicable law.
c. 
Appeal of stop work order or stop use order to the City Manager or designee.
i. 
The recipient of a stop work order or stop use order or any person who is adversely affected by the order may request to appeal the order to the City Manager or designee within 30 calendar days of posting of the order.
ii. 
A request to appeal a stop work order or stop use order shall be in writing and shall include a statement of the specific reasons why the person believes that the issuance of the order is incorrect or inappropriate. Request to appeal forms may be obtained from the city's website, the code enforcement division, or the department or division specified on the stop work order or stop use order.
iii. 
The request to appeal shall be filed with the department or division specified on the stop work order or stop use order.
iv. 
Hearing on appeal and decision of City Manager or designee.
(A) 
The City Manager or designee shall set a date, time, and location for the appeal hearing on a date no later than 10 business days after the request to appeal has been filed, unless the parties stipulate to a later date.
(B) 
At the hearing, the party contesting the stop work order or stop use order shall have an opportunity to testify and to present evidence concerning the stop work order or stop use order. Formal rules of evidence shall not apply during the hearing.
(C) 
Any city-issued notices, administrative citations, and additional report(s) submitted by an enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
(D) 
The City Manager or designee may continue the hearing and request additional information from the enforcement officer, the recipient of the stop work order or stop use order, or the property owner prior to issuing a written decision.
(E) 
The failure of any person requesting to appeal a stop work order or stop use order to appear at any scheduled appeal hearing shall result in the dismissal of the appeal and a failure to exhaust administrative remedies.
(F) 
The failure of any person to file a request for appeal in accordance with the provisions of this section shall constitute a waiver of the person's rights to an administrative determination of the merits of the stop work order or stop use order. If no request for appeal is filed, the stop work order or stop use order shall be deemed a final order.
(G) 
The City Manager or designee shall issue a written decision within five business days following an appeal hearing of a stop work order or stop use order. The written decision shall include information about appeal rights and procedures if the decision adversely affects the person requesting the appeal.
d. 
Administrative review hearing.
i. 
A person adversely affected by the decision of the City Manager or designee under Section 1.10.020(B)(5)(c) of this chapter concerning a stop work order or stop use order may file an appeal of the decision to be reviewed by an administrative hearing officer, in accordance with the procedures of Section 1.10.120 of this chapter and Article III of Chapter 1.10 of this code.
ii. 
A request for a hearing to review the decision of the City Manager or designee regarding a stop work order or stop use order shall include a statement of the specific reasons why the person believes the decision is incorrect or inappropriate.
iii. 
A request for a hearing to review the decision of the City Manager or designee regarding a stop work order or stop use order shall be denied if the request is received more than 30 calendar days after issuance of the decision.
iv. 
An administrative hearing to review the decision of the City Manager or designee regarding a stop work order or stop use order shall be governed by the provisions of Section 1.10.120 and Article III of Chapter 1.10 of this code.
7. 
Notice of intent to determine ineligibility for land development.
a. 
Any person who fails to perform construction, grading, building, or other work in accordance with a city-issued permit or who performs construction, grading, building, or other work in violation of applicable provisions of this code, a city-issued permit or order, conditions of approval, or other regulatory requirements, along with the property owner, may be served a notice of intent to determine ineligibility for land development, which prohibits the continuation of development or construction activities on the property where the violation occurred.
b. 
The notice of intent required by this section must:
i. 
Be served on the responsible party and property owner personally, or posted on the property and mailed by certified mail and first-class mail to the address shown on the most recent tax assessment roll;
ii. 
State the city's intent to record a notice of ineligibility for land development against the property;
iii. 
Fix a location, time, and date, not less than 15 calendar days after delivery of the notice, at which an administrative hearing will occur; and
iv. 
Explain that during the hearing the responsible party and property owner may submit written or oral comments or reasons why a notice of ineligibility should not be recorded.
c. 
The ineligibility hearing must:
i. 
Be held at the appointed time, or at a time agreed to by all parties;
ii. 
Provide the responsible party and property owner an opportunity to present written or oral comments or reasons why a notice of ineligibility should not be recorded against the property;
iii. 
Result in a determination of whether a violation occurred, whether it has been remedied, and whether to record a notice of ineligibility for land development; and
iv. 
Comply with the hearing requirements of this chapter to the extent those requirements do not conflict with the requirements of this section.
d. 
A notice of ineligibility for land development that is recorded in accordance with this section remains in effect until the enforcement officer records a release of notice of ineligibility for land development. A release of notice of ineligibility for land development may be recorded when the responsible party implements all required plans and best management practices (if applicable) and remedies all noncompliant site conditions as described in the notice of ineligibility for land development. During the effective dates of any notice of ineligibility recorded in accordance with this section, no application for a building permit, administrative permit, site plan, use permit, variance, tentative parcel map, tentative map, parcel map, final map, or any other permit for the development of the property on which the violation occurred will be approved.
e. 
This remedy is not intended to conflict with any other notices that may be recorded against a property for violations of this code.
8. 
Bonding requirement. A responsible party may be required to post a bond or other security instrument to assure the correction of a violation of any provision of this code or other violation as stated in Section 1.10.020(A) of this chapter.
9. 
Referral to other enforcement authorities. Where required or appropriate, violations of this code or other violations as stated in Section 1.10.020(A) of this chapter may be referred to agencies having authority over the action constituting a violation.
C. 
Each type of notice, order, or citation authorized by this code may be issued alone, or it may be combined with any other type of notice, order, or citation.
D. 
The City Manager may establish rules and procedures necessary to implement the provisions of this chapter.
E. 
This section is not intended to replace or override any enforcement powers that are provided to other designated city employees in this code or in any other applicable law.
(Ord. NS-591 § 1, 2001; Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)
Failure to comply with any procedural requirement of this chapter, to receive any notice, decision, or order specified in this chapter, or to receive any copy required to be provided by this chapter does not affect the validity of proceedings conducted under this chapter unless the responsible person is denied constitutional due process by the failure.
(Ord. CS-434 § 3, 2022)
An enforcement officer may issue a notice of violation to a responsible party in response to any violation of any provision of this code, any permit or license approved pursuant to any provision of this code, any required environmental mitigation measure, any term or condition of any city agreement pursuant to a police power, or any order issued by or on behalf of the city or by an administrative hearing officer contracted with the city. The notice of violation shall include the following information:
A. 
The name of the record owner of the property.
B. 
Street address.
C. 
The code section(s), provision(s), condition(s), or term(s) violated.
D. 
A description of how the property's condition violates the applicable code section(s), provision(s), condition(s), or term(s).
E. 
A description of necessary corrections to bring the property into compliance.
F. 
A reasonable deadline or specific date to correct the violations listed in the notice of violation.
G. 
If the notice of violation is issued for a public nuisance under Chapter 6.16 of this code, an advisement that the responsible party has 10 calendar days from the date of mailing of the notice of violation to file an appeal, or 10 calendar days from the date of personal service of the notice of violation if served using this method.
H. 
A reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline, including criminal prosecution; civil injunction; administrative abatement; administrative citations; an administrative hearing requested by the city to resolve the violations; suspension, revocation, or stay of issuance of municipal permits or other city authorizations; recordation of notices of violation, certificates of noncompliance, or notices of ineligibility for land development; bonding requirements; and referral to other enforcement authorities.
(Ord. NS-591 § 1, 2001; Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)
A. 
Except for an initial notice of violation, whenever a notice, order, or administrative citation is required to be given under this code for enforcement purposes, the notice, order, or administrative citation shall be served on a responsible party by any of the following methods unless different provisions are otherwise specifically stated to apply:
1. 
Personal service.
2. 
Posting the notice, order, or administrative citation conspicuously on or in front of the property that is the subject of the violation and subsequently mailing a copy to a responsible party in the manner described in subsection (A)(3) of this section. The form of the posted notice, order, or administrative citation shall be approved by the City Attorney or designee.
3. 
Certified mail, postage prepaid, return receipt requested to the property address and any other mailing address(es) on file with the county tax collector and the county assessor. The city may, but is not required to, provide this form of notice to any other known address for a responsible party.
a. 
Simultaneous to service by certified mail, the same notice, order, or administrative citation may also be sent by regular mail to the property address(es) on file with the county tax collector and the county assessor.
b. 
If a notice, order, or administrative citation sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to any regular mailing. However, if the notice, order, or administrative citation sent by both regular mail and certified mail are returned, the notice, order, or administrative citation must be served pursuant to subsection (A)(1) or (A)(2) of this section.
c. 
Service by certified or regular mail in the manner described in this subsection is effective on the date of mailing.
B. 
The failure of a responsible party to receive any notice, order, or administrative citation served in accordance with this chapter shall not affect the validity of any proceedings taken under this code.
C. 
The notice requirements in this section do not apply to initial notices of violation, which may be sent by regular mail to the property address(es) on file with the county tax collector and the county assessor. Service of a notice of violation by regular mail is effective on the date of mailing.
D. 
If a responsible party is not an individual, the enforcement officer shall attempt to identify the property owner and issue the property owner the notice, order, or administrative citation. If the enforcement officer can only identify the manager or on-site supervisor of the property, the notice, order, or administrative citation may be issued in the name of the property owner and served upon the manager or on-site supervisor in the manner provided in this chapter. A copy of the notice, order, or administrative citation shall also be mailed to the property owner in the manner prescribed by this section.
E. 
If the property that is the subject of a violation is owned by a corporation, notices and administrative citations may be served by certified mail to the registered agent for the corporation.
(Ord. NS-591 § 1, 2001; Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)
A. 
For purposes of this chapter the enforcement officer may have a notice recorded with the County Recorder's office against a property that is the subject of a pending administrative enforcement action with the city.
B. 
The notice of the pending administrative enforcement action shall be on a form approved by the City Attorney or designee and shall describe the nature of the administrative enforcement action, the owner's assessor's parcel number, the parcel's legal description, a copy of the latest notice of violation, and the governing code section(s).
C. 
Notification Letter.
1. 
Prior to recording the notice of pending administrative enforcement action, the enforcement officer shall serve a notification letter on the responsible party and property owner stating that the notice of pending administrative enforcement action will be recorded unless a request for hearing form is filed pursuant to the procedures outlined in Section 1.10.120 of this chapter, except that the time to file the request for hearing form is 10 calendar days from the date of mailing of the notification letter.
2. 
The notification letter shall be served on the responsible party and property owner pursuant to any of the methods of service set forth in Section 1.10.040 of this chapter. The enforcement officer may also send a courtesy copy of the letter to any other party with an interest in the property.
3. 
If a request for hearing form is not received by the city within 10 calendar days of the date of mailing of the notification letter, the enforcement officer may record the notice of pending administrative enforcement action if the code violations remain. The failure of any person to file a request for hearing form in accordance with these provisions shall constitute a waiver of the right to an administrative hearing and shall not affect the validity of the recorded notice of pending administrative enforcement action.
D. 
Hearing Prior to Recordation of Notice of Pending Administrative Enforcement Action.
1. 
Any hearing conducted upon receipt of a request for hearing form shall follow the procedures set forth in Section 1.10.120 and Article III of this chapter.
2. 
The purpose of the hearing is for the responsible party or property owner to state any reasons why a notice of pending administrative enforcement action should not be recorded. The administrative enforcement officer shall only consider evidence that is relevant to the following issues:
a. 
Whether the conditions listed in the notice of pending administrative enforcement action violate the Carlsbad Municipal Code or applicable state codes, or whether the conditions constitute any other violation as described in Section 1.10.020(A) of this chapter; and
b. 
Whether the enforcement officer afforded the responsible party and property owner with due process by adhering to the notification procedures specified in this section.
3. 
If the administrative hearing officer affirms the enforcement officer's decision to record the notice of pending administrative enforcement action, the enforcement officer may record the notice.
4. 
If the administrative hearing officer determines that recordation is improper, the administrative hearing officer shall invalidate the enforcement officer's decision to record the notice of pending administrative enforcement action.
E. 
A copy of the recorded notice of pending administrative enforcement action shall be served on the property owner and responsible party pursuant to any of the methods of service set forth in Section 1.10.040 of this chapter.
F. 
Prohibition Against Issuance of Multiple Permits. The city may withhold permits for any alteration, repair, or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of the real property or the structure: (1) if a request for hearing prior to recordation of notice of pending administrative enforcement action has not been timely filed and the notice is subsequently recorded; or (2) after an administrative hearing officer affirms the enforcement officer's decision to record a notice of pending administrative enforcement action and the notice is subsequently recorded. The city may withhold permits until a certificate of compliance or notice of release has been issued by the enforcement officer. The city may not withhold permits which are necessary to obtain a certificate of compliance or notice of release, or which are necessary to correct serious health and safety violations.
G. 
Upon final resolution of the pending administrative enforcement action, including the correction of all violations and payment of all outstanding penalties, costs, and fees, the enforcement officer shall have a certificate of compliance or notice of release filed with the County Recorder's office releasing the property from the notice of pending administrative enforcement action. The certificate of compliance or notice of release shall be on a form approved by the City Attorney or designee.
(Ord. NS-591 § 1, 2001; Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)
A. 
In addition to the assessment of any administrative penalties, the enforcement officer is authorized to assess administrative costs against a responsible party, as provided for in California Government Code Section 54988.
B. 
The city shall provide a responsible party and the property owner with written notice of assessment of administrative costs on a form approved by the City Attorney or designee, which shall include:
1. 
The basis for the administrative costs;
2. 
The code section(s) of the underlying administrative enforcement action;
3. 
A statement that the property owner has 45 calendar days after such notice is issued to pay the administrative costs, after which time the property may be subject to a proposed lien;
4. 
A statement that the property owner has an opportunity to appear before the Planning Commission and be heard regarding whether the proposed lien should become a lien and the lien amount.
C. 
The notice of assessment of administrative costs shall be mailed using the service by mail procedures in Section 1.10.040 of this chapter.
D. 
If the property owner elects to appear before the Planning Commission and be heard regarding whether the proposed lien should become a lien and the lien amount, the Planning Commission shall conduct a hearing. Written notice of the hearing shall be provided to the property owner by mail at least 10 calendar days in advance of the hearing. After the hearing, the Planning Commission shall make a written recommendation to the City Council. The recommendation shall include factual findings based on the evidence introduced at the hearing.
E. 
The City Council may adopt the Planning Commission's recommendation or direct the matter be set for a new hearing before the City Council. Written notice of the new hearing shall be provided to the property owner by mail at least 10 calendar days in advance of the hearing.
F. 
If the City Council determines that the proposed lien shall become a lien, the City Council may have a notice of lien recorded with the County Recorder. The lien shall attach upon recordation and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice of lien shall include the record owner or possessor of the property, the last known address of the record owner or possessor, the date upon which the lien was created against the property, and a description of the real property subject to the lien and the amount of the lien.
G. 
The failure of any person with a financial interest in the property to actually receive the notice of the lien shall not affect the validity of the lien or any proceedings taken to collect the outstanding civil penalties.
H. 
All administrative costs assessed are cumulative. If a responsible party fails to correct the violation(s), or has the same, similar, repeated, or continuing violation(s), subsequent administrative costs may be assessed.
I. 
Payment of administrative costs does not excuse the failure of a responsible party to correct the violation(s) and does not bar further enforcement action by the city.
J. 
The correction of a violation does not excuse the failure of a responsible party to pay any outstanding administrative costs.
(Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)
A. 
Declaration of Purpose. The City Council finds that there is a need for alternative methods of code enforcement. The administrative assessment of civil penalties along with an administrative hearing procedure is a necessary alternative method of code enforcement, in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of this code and applicable state codes.
B. 
Authority.
1. 
Any person violating any provision of this code or applicable state code, any permit or license approved pursuant to any provision of this code, any condition of approval of a permit or entitlement granted pursuant to any provision of this code, any required environmental mitigation measure, any term or condition of any city agreement pursuant to a police power, or any order issued by or on behalf of the city or by an administrative hearing officer contracted with the city may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in this section.
2. 
Each day a violation as described in Section 1.10.060(B)(1) of this chapter exists constitutes a separate and distinct violation.
3. 
Civil penalties may be directly assessed by means of a notice and order issued by any director or imposed, affirmed, or modified by an administrative hearing officer.
4. 
Civil penalties shall be assessed at a daily rate determined by a director or administrative hearing officer pursuant to the criteria listed in Section 1.10.060(D)(3) of this chapter. The maximum rate shall be $2,500.00 per violation. The maximum amount of civil penalties shall not exceed $400,000.00 per parcel or structure for any related series of violations, exclusive of administrative costs.
C. 
Procedures—Notice and Order.
1. 
Whenever a director determines that a violation as described in Section 1.10.060(B)(1) of this chapter has occurred or continues to exist, a written civil penalties notice and order may be issued to the responsible party.
2. 
The notice and order shall list all applicable sections violated and describe how each section is or has been violated.
3. 
The notice and order shall refer to the dates and locations of the violations.
4. 
The notice and order shall describe the remedial action required to permanently correct outstanding violations and establish time frames for completion.
5. 
The notice and order shall establish a daily amount of civil penalties. A director shall determine the daily amount of civil penalties pursuant to the criteria in Section 1.10.060(D)(3) of this chapter.
6. 
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.
7. 
If a director determines that the violations are continuing, the notice and order shall demand that the responsible party cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate city department(s) or division(s).
8. 
The notice and order shall enumerate any other consequences should the responsible party fail to comply with the terms and deadlines as prescribed in the notice and order.
9. 
The notice and order shall explain the responsible party's right to appeal in accordance with Section 1.10.020 of this chapter and shall follow the appeal procedures set forth in Section 1.10.120 and Article III of this chapter. Unless contested, the notice and order shall be final and be enforced pursuant to this section.
10. 
The notice and order shall be served upon the responsible party by any one of the methods of service provided in Section 1.10.040 of this chapter.
11. 
The notice and order shall identify the factors used by a director in determining the duration and the daily amount of civil penalties.
12. 
More than one notice and order may be issued against the same responsible party if it encompasses different dates or different violations.
D. 
Determination of Civil Penalties.
1. 
In determining the date when civil penalties start to accrue, a director or administrative hearing officer may consider the date when the department or division first discovered the violations as evidenced by the issuance of a notice of violation or any other written correspondence.
2. 
The assessment of civil penalties shall end when all action required by the notice and order has been completed.
3. 
In determining the amount of the civil penalty to be assessed at a daily rate, a director or administrative hearing officer may consider some or all of the following factors:
a. 
The duration of the violation.
b. 
The frequency or recurrence of the violation.
c. 
The nature and seriousness of the violation.
d. 
The history of the violation.
e. 
Whether the offense impacted environmentally sensitive lands, a historical resource, or a designated historical resource as defined throughout this code.
f. 
The willfulness of the responsible party's misconduct.
g. 
The responsible party's conduct after issuance of the notice and order.
h. 
The good faith effort by the responsible party to comply.
i. 
The economic impact of the penalty on the responsible party.
j. 
The impact of the violation on the community.
k. 
Any other factors that justice may require.
4. 
The City Manager may establish a penalty schedule for a director and administrative hearing officer to use as a guideline in determining the amount of civil penalties in appropriate cases. The City Manager may also establish procedures for the use of this penalty schedule.
E. 
Failure to Comply With Director's Notice and Order. When the responsible party fails to comply with the terms of the notice and order, a director shall schedule a civil penalties hearing in accordance with the administrative hearing procedures contained in Article III of Chapter 1.10 of this code, to the extent those procedures do not conflict with the requirements of this section. 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 as described in Section 1.10.060(B)(1) of this chapter.
F. 
Civil Penalties Hearing.
1. 
The procedures for a civil penalties hearing are the same as the hearing procedures set forth in Article III of Chapter 1.10 of this code.
2. 
The administrative hearing officer shall only consider evidence that is relevant to the following issues:
a. 
Whether the responsible party has caused or maintained a violation as described in Section 1.10.060(B)(1) of this chapter which existed on the dates specified in the notice and order.
b. 
If a notice and order was issued by a director, whether the amount of civil penalties assessed by the director pursuant to the procedures and criteria outlined in this section was reasonable.
G. 
Administrative Enforcement Order.
1. 
Once all evidence and testimony are completed, the administrative hearing officer shall issue an administrative enforcement order which affirms or rejects the director's notice and order or which modifies the daily rate or duration of the civil penalties depending upon the review of the evidence. The administrative hearing officer may increase or decrease the total amount of civil penalties and costs that are assessed by the director's notice and order.
2. 
The administrative hearing officer may issue an administrative enforcement order that requires the responsible party to cease and desist from committing the specified violations and to make specified corrections.
3. 
As part of the administrative enforcement order, the administrative hearing officer may establish specific deadlines for the payment of penalties and costs and condition the total or partial assessment of civil penalties on the responsible party's ability to complete compliance by specified deadlines.
4. 
The administrative hearing officer may issue an administrative enforcement order that imposes additional civil penalties that will continue to be assessed until the responsible party complies with the administrative enforcement order and corrects the violation.
5. 
The administrative hearing officer may schedule subsequent review hearings as necessary or as requested by a party to the hearing to ensure compliance with the administrative enforcement order.
H. 
Failure to Comply With the Administrative Enforcement Order. The failure of a responsible party to comply with the terms and deadlines set forth in the administrative enforcement order will trigger the enforcement provisions set forth in Section 1.10.130(C) of this chapter. If the civil penalties were initially imposed pursuant to a notice and order, the director shall monitor the violations and determine compliance.
(Ord. NS-591 § 1, 2001; Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)