A. 
The procedures established in this chapter shall be in addition to criminal, civil, or any other legal remedy established by law which may be pursued to address violations of this code and applicable state codes.
B. 
The council also finds that there is a need to establish procedures for administrative enforcement hearings conducted pursuant to the Lathrop Municipal Code. It is the purpose and intent of the 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 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.
(Ord. 98-156)
For the purpose of this chapter, the following definitions shall apply:
"Abatement"
means any action the city director or the Lathrop Manteca fire district fire marshal may take to remove or alleviate a nuisance, including, but not limited to, demolition, removal, repair, cleaning, boarding up, securing, or replacement of property.
"Assessment lien"
means a lien recorded with the San Joaquin County recorder'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 shall also mean the same as a code enforcement lien.
"Building"
means any structure having a roof supported by columns or walls used or intended to be used for commercial or residential purposes for the shelter or enclosure of persons, animals, or property.
"Building inspector"
means that person hired or appointed by the city to determine compliance with all adopted building codes.
"City"
means the area within the territorial city limits of the city of Lathrop and such territory outside this city, over which the city has jurisdiction or control by virtue of any constitutional or general law provisions, by contract, or any law. "City" shall also mean the city council, city manager, officer or department authorized to act on behalf of the city.
"City manager"
means the appointed official of the city of Lathrop who occupies the position as the chief administrative officer of the city.
"City official"
means a designated individual from the planning and building, public works, parks and recreation, administrative or finance departments or any subsequently established department; the police chief; the code enforcement officer(s); the city engineer, the building inspector, the city manager and the designated agents or representatives within those respective jurisdictions who are charged with the responsibility of enforcing of any provision of this code.
"City staff"
means any individual employed by of the city of Lathrop who is charged with the responsibility of enforcing any provision of this code, or any city employee who acts at the direction of such an individual.
"Code"
means the city of Lathrop Municipal Code, unless otherwise specified.
"Council"
means the city council of the city of Lathrop.
"County"
is the county of San Joaquin.
"Director"
means and includes each of the directors of the following city departments: public works, parks and recreation, administrative, planning and building, finance or any subsequently established department; the police chief, the Lathrop Manteca fire district fire marshal, the city engineer and their designated agents or representatives within those respective jurisdictions who are charged with the responsibility of enforcing of any provision of this code.
"Enforcement officer"
means a designated city director or the Lathrop Manteca fire district fire marshal code enforcement officer.
"Fire marshal"
means and includes the fire marshal of the Lathrop Manteca fire district, its designated agent or representative within that respective jurisdiction who is charged with the responsibility of the enforcing of any provision of this code.
"Hearing officer"
means any person appointed by the city manager or interim or acting city manager/ administrator to preside over administrative hearings, in accordance with this chapter.
"Imminent and substantial endangerment"
means any condition which creates a present and immediate danger to life, property, health or public safety.
"Notice and order"
means a document which orders a responsible party to take certain steps to correct code violations within a definitive period of time, orders the abatement of a nuisance; and/or imposes civil penalties imposed as a result of code violations.
"Notice of violation"
means a written notice which informs a responsible party of code violations present on the subject property, lists the required compliance actions and contains specific information as required by the municipal code. This document may be recorded.
"Oath"
means sworn affirmation.
"Office"
means the use of the title of any officer, employee, office, or ordinance, and shall mean such officer, employee, office or ordinance of the city of Lathrop.
"Operate" or "engage in"
means and includes to carry on, keep, conduct, maintain, or cause or allow to be kept or maintained.
"Owner,"
applied to a building or land, means and includes any part owner, joint owner, tenant, tenant in common, joint tenant, of the whole or a part of such building or land.
"Person,"
unless it otherwise appears from the context as used, means and includes any person, firm, association, organization, partnership, business trust, company, corporation, public agency, school district or other special district(s), 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.
"Premises"
means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved including adjacent street areas.
"Property owner"
means the record owner of real property as listed on the last equalized assessment roll as maintained by the San Joaquin County assessor.
"Public nuisance"
means any condition caused, maintained, or permitted to exist which constitutes a threat to the public health, safety and welfare or which is injurious to the senses or which significantly obstructs, injures or interferes with the reasonable or free use of property in a neighborhood, community, or to any considerable number of persons. A public nuisance also has the same meaning as set forth under the California Civil Code.
"Responsible party"
means any person, business, company or entity, and the parent or legal guardian of any person under the age of 18 years, who has done any act for which an administrative citation may be imposed.
"State"
is the state of California.
"Street"
means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, parkways or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
"Tenant or occupant,"
as applied to a building or land, means and includes any person who occupies the whole or part of such building or land, whether alone or with others.
(Ord. 07-267 § 1; Ord. 14-339 § 1)
Under this chapter, the term "days" means calendar days unless otherwise specified.
(Ord. 07-267 § 1)
The community development director or the city manager's designee, designated code enforcement officers, other city directors and/or their designated agents have the authority and powers necessary to determine whether a violation of the code exists and the authority to take appropriate action to gain compliance with the provisions of the Lathrop Municipal Code and the applicable state codes. These powers include the power to issue notices of violation, administrative citations, notices and orders, and civil penalties, the power to inspect public and private property and use the administrative remedies which are available under the Lathrop Municipal Code, California Building Standards Codes, adopted Uniform Codes or other applicable codes.
(Ord. 98-156; Ord. 08-276 § 1; Ord. 10-298 § 1)
The director also may enter into code compliance agreements with the affected persons to resolve abatement matters expeditiously and fairly. Said agreements, voluntarily entered into by the parties, may include provisions which address the nature and extent of abatement activities, a time schedule for completion of abatement procedures, assessment of fines and costs, the consequences of failing to comply with the terms and conditions thereof, and any other provision which expeditiously and reasonably resolves the abatement dispute between the city and affected persons. Said agreements shall be executed, acknowledged and recorded in the official records of the county of San Joaquin clerk/recorder. Said agreements shall run with the land and be binding on the heirs, successors and assigns of the affected persons who entered into said agreements with city.
(Ord. 07-267 § 1)
The director, or any designated code enforcement officer is authorized to enter upon any property or premises to ascertain whether the provisions of the Lathrop Municipal Code 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, agent, or other responsible person refuses permission to enter or inspect, the code enforcement officer may seek an administrative inspection warrant pursuant to the procedures provided for in the California Code of Civil Procedure.
(Ord. 98-156)
It is unlawful for any person to:
A. 
Either orally or in writing, give information to an enforcement official which the person knows to be false; or
B. 
Remove or violate a notice or order posted as required by any provision of the Lathrop Municipal Code for the purpose of interfering with or preventing the enforcement thereof; or
C. 
Obstruct, impede, or interfere with the lawful activities of any city enforcement official, including inspections, examinations, or surveys. Such interference with enforcement procedures shall constitute a misdemeanor.
(Ord. 07-267 § 1)
Whenever it is determined that a violation of this code or applicable state codes exists, the director or code enforcement officer may issue a notice of violation to the responsible person(s). The notice of violation shall include the following information:
A. 
The name of the responsible party;
B. 
The name of the owner, if different from the responsible person;
C. 
Street address;
D. 
The code sections in violation;
E. 
A description of the conditions which violate the applicable codes;
F. 
A list of necessary corrections to bring the property into compliance;
G. 
A deadline or specific date to correct the violations listed in the notice of violations;
H. 
A list of the potential consequences for failure to comply with the notice including, but not limited to, criminal prosecution, civil injunction, administrative abatement, administrative citations, civil penalties, revocation of permits, recordation of the notice of violation and withholding of future municipal permits.
(Ord. 98-156)
A. 
The city council finds that there is a need to give notice of pending enforcement actions to persons who may subsequently acquire the property as a means by which to ensure the violations will be corrected. An appropriate method to accomplish this is through the issuance and recordation of notices of violation.
B. 
The procedures established in this division shall be in addition to criminal, civil, or any other remedy established by law which may be pursued to address violations of this code or applicable state codes.
(Ord. 98-156)
A. 
Once the director has issued a notice of violation to a responsible person and the property remains in violation after the deadline established in the notice of violation, the director may record the notice of violation with the San Joaquin County recorder's office.
B. 
Before recordation, the director shall provide to the responsible person a notice of intent to record stating that a notice of violation will be recorded unless a written request to appeal this action is received pursuant to the procedures outlined in this chapter. The letter shall be served in accordance with the methods set forth in Title 15.24, California Housing Code.
C. 
If a written request to appeal is not received within the time frame specified, the director may thereafter cause the notice of violation to be recorded, if the violations remain.
D. 
The recorded notice of violation shall include the name of the property owner, the assessor's parcel number, the street address, the parcel's legal description, and a copy of the latest notice of violation.
E. 
Any costs associated with recording and removal may be assessed against the property as provided for herein.
(Ord. 98-156; Ord. 16-372 § 2)
A. 
The notice of violation and all other notices required to be given by this chapter shall be served on the responsible party in accordance with the provisions of Section 1.12.070.1.
B. 
Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.
(Ord. 98-156; Ord. 07-267 § 1)
A. 
Any required notice shall be given either by personal delivery thereof to the owner, occupant, or party responsible for the violation, or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to such person to be notified at his or her last known address or residence as the same appears in the public records or other records pertaining to the matter to which the notice is directed. Service by mail shall be deemed to be completed at the time of deposit in the post office.
B. 
Where real property is involved, written notice shall be mailed to the property owner at the address as shown on the last equalized county assessment roll.
C. 
Where personal service or service by mail upon the property owner is unsuccessful, a copy of the order shall be conspicuously posted at the property which is the subject of the order.
D. 
If the violation is the result of a condition existing on property in the city and the city may impose a lien or special assessment on the property, any notice from the hearing officer shall also be served on each of the following, if known to the city or disclosed from official public records:
1. 
The holder of any mortgage, deed of trust, lien, or encumbrance of record;
2. 
The owner or holder of any lease of record.
E. 
The failure of any person to receive any notice required under this chapter shall not affect the validity of any proceedings under this chapter.
(Ord. 07-267 § 1)
A. 
An appeal of the director's intent to record the notice of violation shall follow the procedures set forth in Section 1.12.350.
B. 
Upon receiving a written appeal, the director shall schedule a hearing pursuant to the procedures set forth in Section 1.12.340. The purpose of the hearing is for the responsible person or property owner to state any reasons why a notice of violation should not be recorded.
C. 
The failure of any person to file an appeal 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 violation.
(Ord. 98-156)
A. 
At the appeal hearing, the hearing officer shall only consider evidence that is consistent with the city attorney's rules and procedures for administrative hearings, and that is relevant to the following issues:
1. 
Whether the conditions listed in the notice of violation violate this code, or applicable state codes; and
2. 
Whether the director afforded the responsible person with due process by adhering to the notification procedures specified in this chapter.
B. 
If the hearing officer affirms the director's decision, the director may proceed to record the notice of violation.
C. 
If the hearing officer determines that recordation is improper, the hearing officer shall invalidate the director's decision to record the notice of violation.
(Ord. 98-156)
A. 
When the violations listed on the notice of violation have been corrected, the responsible person or property owner may file with the director a written request for a notice of compliance on a form provided by the city.
B. 
Once the director receives this request, the director shall reinspect the property within 10 days from receipt of the request to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed.
C. 
The director shall provide a notice of compliance to the responsible person or property owner if the director determines that:
1. 
All violations listed in the recorded notice of violation have been corrected;
2. 
All necessary permits have been issued and finalized;
3. 
All administrative fines or civil penalties have been paid; and
4. 
The party requesting the issuance of the notice of compliance has paid an administrative fee to reimburse the city for all administrative costs.
D. 
Administrative costs may include costs incurred in the investigation, inspection, reinspection, title search, appeal hearing, and any other processing costs associated with the violations specified on the notice of violation.
E. 
If the director denies a request to issue a notice of compliance, the director shall serve the requesting party, the responsible person and the property owner with a written explanation within five days from the inspection setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service listed in this code.
F. 
The director's decision denying a request to issue a notice of compliance constitutes the final decision in the matter and is not appealable.
(Ord. 98-156)
For properties where a notice of violation has been recorded, the city may withhold permits for repair, construction and/or alteration on the affected property until a notice of compliance has been issued by the director. The city may not withhold permits which are necessary to correct serious health and safety violations.
(Ord. 98-156)
A. 
Any person violating any provisions of this code or applicable state code may be issued an administrative citation by a code enforcement officer as provided for in this chapter.
B. 
Each and every day a violation of this code or applicable state code exists constitutes a separate and distinct offense.
C. 
An administrative fine shall be assessed by means of an administrative citation issued by the code enforcement officer and shall be payable directly to the city unless otherwise noted on the citation.
D. 
Fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in Section 1.12.170.
(Ord. 98-156)
A. 
Upon discovering any violation of this code or applicable state codes, a code enforcement officer may issue an administrative citation to a responsible person in the manner prescribed in this chapter. The administrative citation shall be issued on a form approved by the director.
B. 
If the responsible person is a commercial business, the code enforcement officer shall attempt to locate the business owner and issue the business owner an administrative citation. If the code enforcement officer can only locate the manager of the commercial business, the administrative citation shall also be mailed to the business owner or responsible person in the manner prescribed by Title 15.24, California Housing Code.
C. 
The administrative citation shall be signed by the issuing code enforcement officer.
D. 
Method of Service.
1. 
Once the responsible person is located, the code enforcement officer shall attempt to obtain the signature of that person on the administrative citation. However, if the responsible person refuses or fails to sign the administrative citation, it shall not affect the validity of the citation and subsequent proceedings.
2. 
If the code enforcement officer is unable to locate the responsible person, then the administrative citation shall be mailed to the responsible person in the manner prescribed in Title 15.24, California Housing Code.
3. 
If no one can be located at the property, then the administrative citation shall be posted in a conspicuous place on or near the property and a copy subsequently mailed to the responsible person in the manner prescribed by Title 15.24, California Housing Code.
4. 
A copy of the administrative citation shall thereafter be mailed to the responsible person and to the owner of the property if different from the responsible person in the manner prescribed by Title 15.24, California Housing Code. The failure of any person with an interest in the property to receive notice shall not affect the validity of any proceedings taken under this chapter.
(Ord. 98-156; Ord. 16-372 § 2)
Any administrative citation that is issued shall contain all of the following information:
A. 
The date and location of the violations and the approximate time the violations were observed;
B. 
The code sections violated and a brief description of how the sections are violated;
C. 
Where appropriate, the action required to correct the violation;
D. 
Set forth a deadline by which the violations must be corrected and the consequences of failing to comply;
E. 
The amount of fine imposed for the violations, if any;
F. 
An explanation as to how the fine shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the fine; and
G. 
Identify all rights and procedures of appeal.
(Ord. 98-156)
A. 
If the responsible person fails to correct the violation, subsequent administrative citations may be issued for the same violations. The amount of the fine shall increase at a rate specified in subsection B below.
B. 
The fines assessed for each administrative citation issued for the same violations shall be as follows:
1st administrative citation – $100.
2nd administrative citation – $250.
3rd or subsequent administrative citation – $500.
C. 
Payment of the fine shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.
D. 
All fines assessed shall be payable to the city, unless otherwise directed on the citation.
(Ord. 98-156)
The failure of any person to pay the fines assessed by an administrative citation within the time specified on the citation may result in the director referring the matter to the finance department or other designated agent for collection. Alternatively, the director shall pursue any other legal remedy to collect the fines including, but not limited to, those remedies provided in this chapter.
(Ord. 98-156)
The city council finds that it is necessary to establish appropriate procedures for the administrative and summary abatement of public nuisances and code violations. The procedures established in these sections are in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address this code or applicable state code violations. These sections govern all other nuisance abatement procedures established in other chapters of this code unless other procedures are specifically stated to apply.
(Ord. 98-156)
Any condition caused, maintained or permitted to exist in violation of any provisions of this code or applicable state codes which constitutes a public nuisance may be abated by the city director or the Lathrop Manteca fire district fire marshal pursuant to the procedures set forth herein.
(Ord. 98-156; Ord. 14-339 § 1)
A. 
Abatement Notice.
1. 
Whenever the city director or the Lathrop Manteca fire district fire marshal determines that public or private property or any portion of public or private property is a public nuisance as generally defined in Chapter 8.24, or as declared in any other specific section of this code, California Building Standards Codes, adopted Uniform Codes, or applicable state codes, an abatement notice may be issued to the responsible person to abate the public nuisance.
2. 
The abatement notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to specific sections of this code or applicable state code violations which render the property a public nuisance.
3. 
The abatement notice shall describe the action required to abate the public nuisance which may include, but is not limited to: corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants, or occupants or other appropriate action and shall establish time frames by which each action must occur.
4. 
The abatement notice shall explain the consequences should the responsible person fail to comply with the terms of the notice.
5. 
The abatement notice shall identify all applicable hearing and appeal rights.
B. 
Service of Abatement Notice. The abatement notice shall be served by any of the methods of service listed in this chapter.
(Ord. 98-156; Ord. 08-276 § 1; Ord. 14-339 § 1)
A. 
Once the city director or the Lathrop Manteca fire district fire marshal follows the procedures set forth herein and the time for compliance has lapsed, if the violations remain, the nuisance conditions may be abated by city personnel or by a private contractor.
B. 
The city director, or the Lathrop Manteca fire district fire marshal, personnel or a private contractor can enter upon private property in a reasonable manner as provided by law to abate the nuisance conditions as specified in the abatement notice or abatement order.
C. 
If the responsible person abates the nuisance conditions before the city director or the Lathrop Manteca fire district fire marshal performs the actual abatement pursuant to the procedures set forth herein.
D. 
When abatement is completed, a report describing the work performed and an itemized account of the total abatement costs shall be prepared by the city director or the Lathrop Manteca fire district fire marshal. The report shall contain the names and addresses of the responsible persons of each parcel, the name and address of the property owner if different from the responsible person, the tax assessor's parcel number and a legal description of the property if the responsible person is an owner.
E. 
The city director or the Lathrop Manteca fire district fire marshal shall schedule a confirmation of costs hearing before an administrative hearing officer pursuant to the procedures set forth in this chapter, unless waived in writing by all responsible persons.
F. 
All administrative and actual costs incurred by the city director or the Lathrop Manteca fire district fire marshal in abating the violations may be assessed and recovered against the responsible person pursuant to the provisions set forth in this chapter.
(Ord. 98-156; Ord. 14-339 § 1)
Whenever the city director or the Lathrop Manteca fire district fire marshal determines that an imminent health and safety hazard exists that requires immediate correction or elimination, the city director or the Lathrop Manteca fire district fire marshal may exercise the following powers without prior notice to the responsible person:
A. 
Order the immediate vacation of any tenants and prohibit occupancy until all repairs are completed;
B. 
Post the premises as unsafe, substandard or dangerous;
C. 
Board fence or secure the building or site;
D. 
Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public;
E. 
Make any minimal emergency repairs as necessary to eliminate any imminent health and safety hazard; or
F. 
Take any other action as appropriate under the circumstances.
(Ord. 98-156; Ord. 14-339 § 1)
A. 
The director shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard. Costs incurred by the city during the summary abatement process shall be assessed, collected and recovered against the responsible person through the procedures outlined in this chapter.
B. 
The director may also pursue any other administrative or judicial remedy to abate any remaining public nuisance.
(Ord. 98-156)
A. 
The council finds that there is a need for an alternative method of enforcement for enforcing more serious violations of this code and applicable state codes. The 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 of this code or applicable state codes.
B. 
Any person violating any provision of this code or applicable state code may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in this chapter.
C. 
Each and every day a violation of any provision of this code or applicable state code exists constitutes a separate and distinct violation.
D. 
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.
E. 
Civil penalties for violations of any provision of this code or applicable state codes shall be assessed at a daily rate determined by the director or hearing officer pursuant to the criteria authorized pursuant to state and federal laws, the maximum civil penalty shall be $1,000 per violation per day with the maximum amount of civil penalties not exceeding $100,000 per parcel or structure for any related series of violations in a year.
(Ord. 98-156)
A. 
Whenever the director determines that a violation of one or more provisions of this code 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 in this chapter.
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 the 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 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. 98-156)
A. 
In determining the date when civil penalties started to accrue, the director may consider the date when the department first discovered the violations as evidenced by the issuance of a notice and order has been completed.
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 violations;
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. 98-156)
Any person who fails to remit payment to the city of any penalty, cost, or any other charge required to be paid to the city under this chapter on or before the date the penalty, cost or other charge is due, shall, in addition to the amount of the penalty, cost or charge, pay interest in the rate set forth, and in the manner prescribed by the schedule of fines.
(Ord. 07-267 § 1)
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. 98-156)
A. 
Whenever the amount of any administrative penalty and/or administrative cost imposed by the hearing officer in connection with real property pursuant to this chapter has not been satisfied in full within 90 days, and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a special assessment against the real property on which the violation occurred and upon recordation in the office of the county recorder of a notice of lien, such obligation shall constitute a lien on said property for the amount of such obligation.
B. 
The owner of such property shall be given notice prior to the recordation of the lien. The notice shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062.
C. 
Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to Section 1.12.280.1 of this code.
D. 
Prior to recording any such lien, the finance director shall prepare and file with the city clerk a report stating the amounts due and owing.
E. 
The finance director shall cause written notice to be served on the property owner not less than 15 days prior to the time set for the hearing. Such notice shall be served as provided in Section 1.12.070.1 of this code.
F. 
A certified copy of the finance director's report shall be filed with the San Joaquin 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 said respective lots and parcels of land for municipal purposes and thereafter said 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.
G. 
In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
(Ord. 07-267 § 1)
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 10 days from the date payment is made or decision is final, record a notice of satisfaction with the 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. 98-156)
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. 98-156)
The director shall request the city manager to appoint a hearing officer and the director shall establish a date, time and place for the civil penalties hearing in accordance with Section 1.12.340 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 or applicable state codes.
(Ord. 98-156)
A. 
The procedures for the civil penalties hearing are the same as the hearing procedures set forth in Section 1.12.340.
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 Section 1.12.280 was reasonable.
(Ord. 98-156)
This section establishes the procedures for the use of administrative hearing officers and the procedures for governing administrative hearings.
A. 
Qualifications of Administrative Hearing Officer. The city attorney shall develop and the city council shall ratify, rules and procedures as are necessary to establish a list of qualified persons who are capable of acting on behalf of the city as administrative hearing officers.
1. 
Candidates for the position of administrative hearing officer shall meet one of the following minimum qualifications:
a. 
Employed by a municipality other than the city of Lathrop as a city attorney, assistant city attorney or deputy city attorney.
b. 
Employed by a municipality other than the city of Lathrop as a code enforcement manager or code enforcement supervisor.
B. 
Appointment of Administrative Hearing Officer. The city attorney shall develop and the city council shall ratify policies and procedures relating to the appointment and compensation of hearing officers. Hearing officers presiding at administrative hearings shall be appointed and compensated by the city manager or city manager's designee. The employment, performance evaluation, compensation and benefits of the administrative hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines or other compensation upheld by the administrative hearing officer.
1. 
Hearing officers shall be compensated by a reciprocal services agreement whereas the city of Lathrop will provide like services to the agency of the individual acting as administrative hearing officer on behalf of the city of Lathrop.
2. 
Terms of any reciprocal services agreement for hearing officer services shall be approved by the city manager or city attorney.
C. 
Disqualification of Hearing Officer. Any person designated to serve as an administrative hearing officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law. Rules and procedures for the disqualification of a hearing officer shall be promulgated by the city attorney and ratified by the city council.
Any party may petition the city manager to disqualify a designated hearing officer after receipt of a notice indicating the identity of the hearing officer or discovering facts which establish grounds for disqualification. The petition must be filed immediately with the city manager upon discovery of such facts.
The city manager shall determine whether to grant the petition for disqualification. A written statement of the facts and reasons for the determination shall be incorporated into the administrative record for the hearing. The decision of the city manager may be appealed to the city council within 10 days' notice of the decision.
If a substitute is required for a hearing officer due to disqualification or unavailability, a substitute shall be appointed by the city manager in accordance with these rules and regulations.
D. 
Powers of Hearing Officer. The hearing officer has the authority to do the following:
1. 
Administer oaths;
2. 
Conduct a pre-hearing conference to deal with such matters as exploration of a settlement, preparation of stipulations, clarification of issues, and other matters;
3. 
Continue a hearing based on good cause shown by one of the parties to the hearing or if the hearing officer independently determines that due process has not been adequately afforded;
4. 
Issue subpoenas in accordance with this section. Upon receipt of a written request which is submitted no later than five days before the hearing, the hearing officer shall subpoena witnesses, documents, and other evidence where the attendance of the witness of the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees shall be borne by the party requesting the subpoena. The city attorney shall develop policies and procedures relating to the issuance of subpoenas in administrative hearings, including the form of the subpoena and related costs;
5. 
Maintain continuing jurisdiction over the subject matter of an administrative hearing for the purpose of granting a continuance, ensuring compliance with an administrative order, modifying an administrative order, or where extraordinary circumstances exist, granting a new hearing;
6. 
Require the posting of a performance bond or some other equivalent means of guaranteeing that compliance will occur, if necessary;
7. 
Approve any settlement voluntarily entered into by the parties.
(Ord. 98-156; Ord. 07-267 § 1; Ord. 16-364 § 1)
A. 
A person served with one of the following documents, order or notices may file an appeal within 10 calendar days from the service of the notice:
1. 
Any civil penalty notice and order issued;
2. 
An administrative citation issued pursuant to Sections 1.12.130 and 1.12.140;
3. 
An application for a waiver of fees.
B. 
The appeal shall be made in writing stating the grounds for the appeal and filed with the director on or before the tenth day after service.
(Ord. 98-156)
A. 
Where an administrative remedy or proceeding provides for an appeal procedure, the director shall request the city attorney to appoint a hearing officer and to schedule a day, time and a place for the hearing.
B. 
Written notice of the time and place of the hearing shall be served at least 10 calendar days prior to the date of the hearing to the responsible person.
C. 
The format and contents of the hearing notice shall be in accordance with rules and policies promulgated by the city attorney.
D. 
The notice of hearing shall be served by any of the methods of service listed in Section 15.36.050.
(Ord. 98-156)
A. 
Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall follow the procedures promulgated by the city attorney.
B. 
The city bears the burden of proof at an administrative hearing to establish the existence of a violation of this code or applicable state codes.
C. 
The standard of proof to be used by the hearing officer in deciding the issues at an administrative hearing is by a preponderance of the evidence.
D. 
Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case.
E. 
Both the city and the party whose property and/or actions are the subject of an administrative hearing are entitled to representation by legal counsel. If the party whose property and/or actions are subject to the hearing is to be represented by an attorney, written notification of the attorney's name, address, and phone number must be supplied immediately to the city department which is holding the hearing. Upon notification by the other party of legal representation, the city department may contact the city attorney's officer to request representation at the hearing. Thereafter, all contact or communication should be made by the parties' attorneys.
(Ord. 98-156; Ord. 07-267 § 1)
Any responsible person who requests a hearing or whose actions are the subject of an administrative hearing and who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that the hearing was properly noticed.
(Ord. 98-156)
A. 
The decision of the hearing officer shall be entitled "administrative order" and shall be issued in accordance with the rules and procedures promulgated by the city attorney.
B. 
Once all evidence and testimony are completed, the hearing officer shall issue an administrative order which affirms, modifies or rejects the director's action. In the case of a notice and order of civil penalty, the administrative order may affirm, modify or reject the daily rate or duration of the civil penalties depending upon the review of the evidence and may increase or decrease the total amount of civil penalties and costs assessed.
C. 
The hearing officer may issue an administrative order that requires the responsible person to cease from violating this code or applicable state codes and to make necessary corrections within a specific time frame.
D. 
As part of the administrative order, the 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 person's ability to complete compliance by specified deadlines.
E. 
The hearing officer may issue an administrative order which imposes additional civil penalties that will continue to be assessed until the responsible person complies with the hearing officer's decision and corrects the violation.
F. 
The hearing officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative order.
G. 
The administrative order shall become final on the date of service of the order.
H. 
The administrative order shall be served on all parties by any one of the methods listed in this chapter.
(Ord. 98-156)
Once an administrative order becomes final as provided in this chapter, any person directly aggrieved by the administrative decision rendered in that order may obtain judicial review of the decision by filing a petition for review with the superior court of San Joaquin County. The time in which judicial review of the order must be sought shall be governed by California Code of Civil Procedure Section 1094.6, or as may be amended hereafter.
(Ord. 98-156; Ord. 07-267 § 1)
A. 
After the hearing officer issues an administrative order, the director shall monitor the violations and determine compliance.
B. 
Upon the failure of the responsible person to comply with the terms and deadlines set forth in the administrative order, the director may use all appropriate legal means to recover the civil penalties, administrative costs and obtain compliance with the administrative order including seeking an injunction.
C. 
Failure to comply with an administrative order constitutes a misdemeanor.
(Ord. 98-156)