A.
The
city council finds that the enforcement of the Manteca Municipal Code
and applicable state codes throughout the city is an important public
service. Code enforcement is vital to the protection of the public's
health, safety, and quality of life. The city council recognizes that
enforcement starts with the drafting of precise regulations that can
be effectively applied in administrative enforcement hearings and
judicial proceedings. The city council further finds that a comprehensive
code enforcement system requires a variety of judicial and administrative
remedies to enforce violations of this code and applicable state codes.
The city council also finds that there is a need to establish uniform
procedures for administrative enforcement hearings conducted pursuant
to this code. It is the purpose and intent of the city council to
afford due process of law to any person who is directly affected by
an administrative action. Due process of law includes: adequate notice,
an opportunity to participate in the administrative hearing process
and an adequate explanation of the reasons justifying the administrative
action. These procedures are also intended to establish a forum to
efficiently, expeditiously, and fairly resolve issues raised in any
administrative enforcement action. The city attorney is authorized
to develop policies and procedures relating to the qualifications,
appointment, and compensation of hearing officers, hearing officer
powers, hearing procedures, scope of the hearing, subpoena powers,
and other matters relating to administrative enforcement hearings.
B.
The
procedures established in this chapter shall be in addition to criminal,
civil, or other legal remedies established by law, which may be pursued
to address violations of this code or applicable state codes and the
use of this chapter shall be at the sole discretion of the city.
(Ord. 1457 § 2, 2010)
means a document issued by an enforcement officer to a person
violating the provisions of this code or applicable state code.
means an order issued by an administrative hearing officer
after a hearing requiring a responsible person to correct violations,
abate a public nuisance, pay administrative fines, civil penalties,
administrative costs, authorize the city to abate a public nuisance,
assess a code enforcement lien, or take any other action as authorized
or required by this code and applicable state codes.
means a lien recorded with the San Joaquin County recorder's
office, or a special assessment filed with the San Joaquin County
auditor-controller's office, for the purposes of collecting outstanding
administrative citation fines, civil penalties, and administrative
costs imposed as part of a cost recovery, administrative or judicial
code enforcement action. It also means the same as a code enforcement
lien.
See definition of "assessment lien."
means a person authorized to enforce violations of the Manteca
Municipal Code, adopted uniform codes, and applicable state codes
within their department's jurisdiction, or as designated by the city
manager.
includes each of the directors of the following city departments:
community development, public works, parks, finance, police, fire,
and any of their designated agents or representatives within their
jurisdiction.
means any person appointed by the city attorney to preside
over administrative hearings.
means a document used in abatement actions and assessment
of civil penalties involving serious code violations, which provide
notice of municipal code, adopted uniform codes, or applicable state
code violations and orders a responsible person to take certain steps
to correct the violations within a definitive period of time. Civil
penalties may also be imposed in conjunction with this notice.
means a document issued by a director, which represents that
a property has been brought into compliance with the criteria set
forth under this code.
means a document or form to be recorded with the San Joaquin
County recorder's office advising that the property is in violation
of the Manteca Municipal Code, uniform codes, or applicable state
codes or that an abatement action is pending.
means a document or form, which indicates that all outstanding
civil penalties and costs have either been paid in full, or that the
city has negotiated an agreed amount, or that a subsequent administrative
or judicial decision has resolved the outstanding debt.
means a written notice, which informs a responsible person
of code violations present on the subject property, lists the required
compliance actions, and contains specific information as required
by this code.
applied to a building or land, shall include any part owner,
joint owner, tenant, tenant in common, joint tenant, of the whole
or a part of such building or land.
unless it otherwise appears from the context as used, includes
any person, firm, association, organization, partnership, business
trust, company, corporation, public agency, school district, the state
of California, its political subdivisions and/or instrumentalities
thereof or any other entity which is recognized by law as the subject
of rights or duties.
means the record owner of real property as listed on the
last equalized assessment roll maintained by the San Joaquin County
assessor.
means a person who a director determines is responsible for
causing, permitting, or maintaining a public nuisance or a violation
of the Manteca Municipal Code, adopted uniform codes, or applicable
state codes. The term "responsible person" includes, but is not limited
to, a property owner, tenant, person with a legal interest in the
subject property, person in possession of the subject property, or
person that exercises custody and control over the subject property.
is mandatory and "may" is permissive. However, the use of
the word "shall" in this chapter is not intended and shall not impose
any mandatory duty to third parties by the city, its commissions,
boards, officers, agents, or employees and is not intended and shall
not impose any liability on the city, its commissions, boards, officers,
agents, or employees.
(Ord. 1457 § 2, 2010)
The police chief, designated enforcement officers, the fire
chief, and other city directors and/or their designated agents have
the authority and powers necessary to determine whether a violation
of this code or applicable state codes exists and the authority to
take appropriate action to gain compliance with the provisions of
this code, adopted uniform codes, or applicable state codes. These
powers include the power to issue notices of violation, administrative
citations, notices and orders, civil penalties, the power to inspect
public and private property, and use the administrative remedies which
are available under this code, adopted uniform codes, or applicable
state codes.
(Ord. 1457 § 2, 2010)
A director, an enforcement officer, or other duly authorized
agent are authorized to enter upon any property or premises within
the city to ascertain whether the provisions of this code, adopted
uniform codes, or applicable state codes are being obeyed, and to
make any examinations and surveys as may be necessary in the performance
of their enforcement duties. These may include the taking of photographs,
samples, or other physical evidence such as the use of a sound level
measurement device to measure noise disturbances. All inspections,
entries, examinations, and surveys shall be done in a reasonable manner.
If an owner, occupant, or agent or other responsible person refuses
permission to enter or inspect, the enforcement officer may seek an
administrative inspection warrant pursuant to the procedures provided
for in the California Code of Civil Procedure.
(Ord. 1457 § 2, 2010)
A.
The
city council finds there is a need to recover costs incurred by the
city in its code enforcement efforts including time spent by city
personnel inspecting and reinspecting properties throughout the city,
preparing and posting the various notices that are required under
this code whenever a property is found to be in violation of a mandatory
provision, processing a case file, towing inoperative vehicles, obtaining
inspection warrants, and preparing for and appearing at administrative
hearings, which procedures all become necessary when a responsible
person fails to voluntarily correct code violations on his or her
property. These additional code enforcement efforts are not usually
undertaken or employed until after a responsible person has failed
to respond on a voluntary basis to notices and/or warnings from the
city or volunteers.
B.
The city council further finds the assessment of fees for the services listed in subsection A of this section, are an appropriate method to recover costs incurred for the additional work that is undertaken by city staff when a responsible person fails to voluntarily correct code violations on his or her property in a timely manner. The assessment and collection of these code enforcement fees shall not preclude the imposition of, and shall be in addition to, any administrative or judicial civil penalties or fines for violations of this code or applicable state codes.
(Ord. 1457 § 2, 2010)
Whenever a enforcement officer and/or designated staff inspects,
reinspects, processes a case file, prepares and posts a notice of
intent to abate, a notice of violation, notice to vacate, notice and
order of demolition, abandoned vehicle abatement notice, seeks and
obtains an inspection warrant, prepares for and appears at an administrative
hearing, or any other action as may be hereinafter designated by resolution
of the city council, for which an action has been initiated to obtain
compliance with this code or applicable state code, a director shall
assess the appropriate code enforcement fee against the responsible
person.
(Ord. 1457 § 2, 2010)
A code enforcement fee schedule shall be established and revised
as necessary by the city council to reflect current costs. The code
enforcement fee schedule shall be filed in the city clerk's office.
(Ord. 1457 § 2, 2010)
No fee shall be charged if any of the following circumstances
exist:
A.
A notice
of compliance has been issued;
B.
It is
determined that the previously identified responsible person has not
caused the code violation; or
C.
The
responsible person fully complies with any notice of violation or
warning before the compliance reinspection deadline set by code enforcement
staff.
(Ord. 1457 § 2, 2010)
A.
Where
the assessment of code enforcement fees is authorized under this chapter,
the director shall provide the responsible person with a written notice
assessing code enforcement fees. The written assessment shall contain
the following information: (1) the amount of fees charged; (2) the
corresponding dates when code enforcement action took place; and (3)
a deadline by which the code enforcement fee must be paid.
B.
Notification
of the code enforcement fee assessment shall be provided to the responsible
person by any of the means outlined in this chapter.
C.
Code
enforcement fees may be assessed as part of any judicial or administrative
enforcement action as provided for in this chapter.
D.
Code
enforcement fees collected pursuant to this chapter shall not be duplicated
in any other action to recover these identical costs.
E.
The
failure of any responsible person to receive notice of the code enforcement
fees shall not affect the validity of any fees imposed under this
chapter.
(Ord. 1457 § 2, 2010)
The city shall collect the assessed code enforcement and late
fees by the use of all appropriate legal means, including but not
limited to: referral to the finance department for collection or assessment
against the property.
(Ord. 1457 § 2, 2010)
