The city council finds that there is a need for an alternative method of enforcement for enforcing more serious violations of this code, adopted uniform codes, and applicable state codes. The city council further finds that the assessment of civil penalties through an administrative hearing procedure for code violations is a necessary alternative method of code enforcement. The administrative assessment of civil penalties is in addition to any other administrative or judicial remedy established by law, which may be pursued by the city to address serious violations of this code, adopted uniform codes, or applicable state codes.
(Ord. 1457 § 2, 2010)
A. 
Any person violating any provision of this code, adopted uniform codes, or applicable state code may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in this chapter.
B. 
Each and every day a violation of any provision of this code or applicable state code exists constitutes a separate and distinct violation.
C. 
Civil penalties may be directly assessed in conjunction with a notice and order issued by the director, or affirmed by a hearing officer. Civil penalties assessed shall be collected in accordance with the procedures specified in this chapter.
D. 
Civil penalties for violations of any provision of this code, adopted uniform codes, or applicable state codes shall be assessed at a daily rate determined by the director or hearing officer pursuant to the criteria listed in this chapter. Except as authorized pursuant to state and federal laws, the maximum civil penalty shall be one thousand dollars per violation per day with the maximum amount of civil penalties not exceeding one hundred thousand dollars per parcel or structure for any related series of violations occurring within the twelve-month period immediately preceding the latest violation.
(Ord. 1457 § 2, 2010)
A. 
Whenever the director determines that a violation of one or more provisions of this code, adopted uniform codes, or applicable state codes has occurred or continues to exist, a civil penalty may be issued in conjunction with a notice and order to the responsible person.
B. 
The notice and order shall refer to all code sections violated and describe how each section is or has been violated.
C. 
The notice and order shall refer to the dates and locations of the violations.
D. 
The notice and order shall address the action required to correct the outstanding violations and establish time frames for completion.
E. 
The notice and order shall establish a daily amount of civil penalties. The director shall determine the daily amount of civil penalties pursuant to the criteria set forth in this article.
F. 
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.
G. 
If a director determines that the violations are continuing, the notice and order shall demand that the responsible person cease and desist from further action causing the violations, or take affirmative action to cease from maintaining or permitting the violation to exist, and commence and complete all action to correct the outstanding violations under the guidance of the appropriate city departments.
H. 
The notice and order shall enumerate any other consequences should the responsible person fail to comply with the terms and deadlines as prescribed in the notice and order.
I. 
The notice and order shall identify appropriate hearing procedures as required by this chapter.
J. 
The notice and order shall be served upon the responsible person by any one of the methods of service listed in this chapter.
K. 
The notice and order shall identify the factors used by the director in determining the duration and the daily amount of civil penalties.
L. 
More than one notice and order may be issued against the same responsible person if it encompasses either different dates or different violations.
(Ord. 1457 § 2, 2010)
A. 
In determining the date when civil penalties started to accrue, a director may consider the date when the department first discovered the violations as evidenced by the issuance of a notice of violation or any other written correspondence.
B. 
The assessment of civil penalties shall end when all action required by the notice and order has been completed.
C. 
In determining the amount of the civil penalty to be assessed on a daily rate, the director may consider some or all of the following factors:
1. 
The duration of the violation;
2. 
The frequency or recurrence of the violation;
3. 
The seriousness of the violation;
4. 
The history of the violation;
5. 
The responsible person's conduct after issuance of the notice and order;
6. 
The good faith effort by the responsible person to comply;
7. 
The economic impact of the penalty on the responsible person;
8. 
The impact of the violation upon the community;
9. 
Any other factors that justice may require.
(Ord. 1457 § 2, 2010)
The director may collect all civil penalties and related administrative costs by the use of all appropriate legal means, including, but not limited to, the recordation of a code enforcement lien pursuant to the procedures set forth in this chapter. If unable to collect the obligation, the director may refer the obligation to the city attorney to file a court action to recover these penalties and costs.
(Ord. 1457 § 2, 2010)
The total costs for abating a declared nuisance, as so confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on the property for the amount of such assessment.
After such confirmation and recordation, a certified copy of the council's decision shall be filed with the county auditor-controller on or before August 1st of each year, whereupon it shall be the duty of the auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against and respective lots and parcels of land for municipal purposes and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.
In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
Such notice of lien for recordation shall be in form substantially as follows:
Notice of Lien
(Claim of the City of Manteca)
Pursuant to the authority vested by the provisions of Section of Manteca Ordinance No. _________, the City Manager of the City of Manteca did on or about the _______ day of _______, 20_____, cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Manteca did on the _______ day of _______, 20_____, assess the cost of such hereinafter described; and the same has not been paid nor any part thereof; and that the City of Manteca does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit, the sum of $_______, and the same, shall be a lien upon said real property until the same has been paid in full and discharged of record.
The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the city of Manteca, county of San Joaquin, state of California, and particularly described as follows:
______________________________
______________________________
______________________________
(description)
Dated this __________ day of __________, 20________.
______________________________
City Manager
(Ord. 1457 § 2, 2010)
Once payment in full is received for the outstanding civil penalties and costs or the amount is deemed satisfied pursuant to a subsequent administrative or judicial order, the director shall, within ten days from the date payment is made or decision is final, record a notice of satisfaction with the San Joaquin County recorder's office. The notice of satisfaction shall include the same information as provided for in the original code enforcement lien. Such notice of satisfaction shall cancel the code enforcement lien.
(Ord. 1457 § 2, 2010)
The director or hearing officer is authorized to assess any reasonable administrative costs. Administrative costs may include scheduling and processing of the hearing and all subsequent actions.
(Ord. 1457 § 2, 2010)
The director shall request the city attorney to appoint a hearing officer and the director shall establish a date, time, and place for the civil penalties hearing in accordance with this chapter when the responsible person fails to comply with the terms of the notice and order. 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 of this code, adopted uniform codes, or applicable state codes.
(Ord. 1457 § 2, 2010)
A. 
The procedures for the civil penalties hearing are the same as the hearing procedures set forth in this chapter.
B. 
The hearing officer shall only consider evidence that is relevant to the following issues: (1) whether the responsible person has caused or maintained a violation of this code or applicable state code that existed on the dates specified in the notice and order; and (2) whether the amount of civil penalties assessed by the director pursuant to the procedures and criteria outlined in this chapter was reasonable.
(Ord. 1457 § 2, 2010)