This Ordinance shall be known as the "Code Enforcement Ordinance," and is hereinafter referred to within this Chapter 1-12 as "this Chapter."
The purpose of this Chapter is to provide the City of San Leandro ("City") with criminal, civil, and administrative remedies, which shall be in addition to all other legal remedies that may be pursued by the City, to prevent, discourage, abate, or otherwise address any violation of this Code, as that term is defined below.
"Affected property" shall mean the lands, or portions thereof, within the City, and/or improvements on such lands, on, in, or concerning which a violation has occurred.
"This Code" or "the Code" shall mean the San Leandro Municipal Code and shall include the City's Zoning Code, the Administrative Code, all incorporated Uniform Codes, and any applicable state laws and regulations.
"Day" or "days" shall mean calendar days.
"Enforcement Officer" means the City Manager or any person who is authorized or directed by the City Manager to enforce any provision of this Code. In addition to any other powers conferred upon him or her by this Code or by other State, County or Federal law, any such designated Enforcement Officer shall have the authority to arrest a person without a warrant, issue a notice to appear, as described in Penal Code Section 948, or issue a notice of violation or administrative penalty, as described in Sections 1-12-400, 1-12-410 and 1-12-415 below, if such Enforcement Officer has cause to believe that a violation of this Code was, or is being, committed.
"Hearing Body" shall mean the City Manager, or any person or persons appointed by the City Manager to conduct a hearing authorized by this Chapter.
"Owner" shall mean the owner or owners of record of the affected property.
"Penalty" shall mean an administrative penalty imposed by an Enforcement Officer, pursuant to Section 1-12-415 of this Code.
"Responsible party" shall mean any natural persons, firm, association, club, organization, corporation, partnership, business trust, trustee, or entity, and the parents or legal guardian of any person under 18 years of age, whose acts or omissions have caused or contributed to a violation of this Code, and shall include any owners, tenants, or holders of other estates or rights in, the affected property.
A violation of this Code, including any continuing violation as set forth in Section 1-12-140, below, is hereby declared to be a public nuisance. In addition to the remedies for nuisance abatement provided in this Chapter, the City expressly reserves the right to utilize other enforcement remedies found within specific chapters of the Code, remedies available under any applicable state or federal statute or pursuant to any other lawful power the City may possess.
All such remedies shall be alternative to or in conjunction with, and not exclusive of, one another. The election of remedies provided by this Chapter shall be at the sole discretion of the City and its officials.
The City Manager may direct that any required hearing be conducted before a Hearing Body. An Enforcement Officer, or a Hearing Body designated by the City Manager, may order the abatement of any public nuisance, as defined in this Code or in any state or federal statute, following notice and an opportunity for a hearing. However, no notice or hearing is required to abate a nuisance pursuant to the summary abatement authority set forth in Section 1-12-500, below.
It shall be a violation of this Code to violate any term or condition of any license, permit, agreement, or approval granted or issued pursuant by the City. Any person, whether as principal, agent, employee or otherwise, violating or contributing to the violation of any such term or condition shall be subject to the sanctions provided in this Chapter or any other law.
Causing, permitting, aiding, abetting, contributing to, or concealing a violation of any provision of this Code shall constitute a violation of such provision.
A single offense shall be deemed committed if a single violation of this Code occurs at any unlicensed, unpermitted, unauthorized, or unapproved property. A single violation may include issuance of a written order prohibiting future violations of this Code, establishing fines for subsequent violations, and authorizing the City, or an agent or contractor of the City, to enter onto the affected property and abate the condition that is the subject of said enforcement action, and allowing recovery by the City of the costs of enforcement actions. A separate offense shall be deemed committed each day a violation of this Code occurs or continues. Any condition of real property that constitutes a violation of this Code, where the same, substantially similar, or related violations have been the subject of two or more enforcement actions within any 12 month period, is deemed to be a continuing violation. For the purposes of this section, "enforcement action" shall mean any notice of violation, including a warning or courtesy notice, hearing, citation, complaint or petition, or any administrative or judicial order under authority of this Chapter or pursuant to any other legal authority. Any subsequent enforcement action with respect to such continuing violation may include issuance of a written order prohibiting future violations of this Code, establishing fines for subsequent violations, and authorizing the City, or an agent or contractor of the City, to enter onto the affected property and abate the condition that is the subject of said enforcement action, and allowing recovery by the City of the costs of future enforcement actions.
An Enforcement Officer may exercise all lawful authority to enter upon any real property or premises to ascertain whether the provisions of this Code are being obeyed and to make any examinations and surveys as may be necessary in the performance of his or her code enforcement duties. Inspections may include and/or involve the taking of photographs, samples, or other physical evidence and conferring with persons present.