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:
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.
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.
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.
means that person hired or appointed by the city to determine
compliance with all adopted building codes.
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.
means the appointed official of the city of Lathrop who occupies
the position as the chief administrative officer of the city.
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.
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.
means the city of Lathrop Municipal Code, unless otherwise
specified.
means the city council of the city of Lathrop.
is the county of San Joaquin.
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.
means a designated city director or the Lathrop Manteca fire
district fire marshal code enforcement officer.
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.
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.
means any condition which creates a present and immediate
danger to life, property, health or public safety.
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.
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.
means sworn affirmation.
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.
means and includes to carry on, keep, conduct, maintain,
or cause or allow to be kept or maintained.
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.
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.
means any building, lot, parcel, real estate, or land or
portion of land whether improved or unimproved including adjacent
street areas.
means the record owner of real property as listed on the
last equalized assessment roll as maintained by the San Joaquin County
assessor.
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.
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.
is the state of California.
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.
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:
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:
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)
The director shall record or cause to be recorded the notice
of compliance with the county recorder's office. The recordation of
the notice of compliance shall have the effect of canceling the recorded
notice of violation.
(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.
(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)
An appeal from the issuance of an administrative citation shall follow the procedures set forth in Section 1.12.350.
(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)
Administrative fines collected pursuant to this chapter shall
be deposited into a fund to be created to retain funds for code enforcement.
(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.
(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:
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:
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)
It is unlawful for any person to refuse to obey a subpoena issued
by a hearing officer (formerly Section 1.12.350(E)).
(Ord. 07-267 § 1)
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)
