A. 
The City Council has determined that the enforcement of the Mill Valley Municipal Code throughout the City is an important public service and is vital to the protection of the public's health, safety and quality of life. The City Council has determined a need for alternative methods of code enforcement and that a comprehensive code enforcement system uses a combination of judicial and administrative remedies to gain compliance with code regulations. The City Council finds a need to draft precise regulations that can be effectively applied in judicial and administrative proceedings and further finds that there is a need to establish uniform procedures for the proper application of administrative code enforcement remedies and administrative hearings to resolve administrative code enforcement cases and appeals.
B. 
It is the purpose and intent of the City Council to afford due process of law to any person who is directly affected by an administrative enforcement action. Due process of law includes adequate notice of the violation and enforcement remedy chosen by the City, an adequate explanation of the reasons justifying the administrative enforcement action taken by the City, and an opportunity to participate in the appropriate administrative enforcement or appeal hearing. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised by any administrative enforcement action.
C. 
The City Manager, or a duly authorized designee, is authorized to develop and implement policies and procedures relating to the qualifications, appointment and compensation of administrative hearing officers; the powers of administrative hearing officers; and all other matters relating to conducting administrative hearings as provided in this Code.
D. 
Sections 8.02.010 through 8.02.190 shall be deemed the general provisions of this chapter. These sections shall apply to both the administrative citation and administrative civil penalties processes, each of which constitute separate remedies, as set forth in this chapter.
(Ord. 1261 § 3, November 4, 2013)
The following definitions shall apply in interpretation and enforcement of this chapter:
"Administrative costs"
means all costs incurred by or on behalf of the City from the first discovery of the violation of the Mill Valley Municipal Code through the appeal process and until compliance is achieved, including but not limited to, staff time in investigating the violation, inspecting the property where the violation occurred, preparing investigation reports, sending notices, preparing for and attending any appeal hearing, attorneys' fees, and fees paid to the administrative hearing officer. "Administrative costs" shall not mean the administrative citation fines and the administrative civil penalties assessed pursuant to this chapter. "Administrative costs" shall not mean late payment charges that accrue, or collection costs incurred, as a result of unpaid administrative citation fines.
"Administrative code enforcement remedies"
means administrative citations, and administrative civil penalties as provided in this chapter; and recordation of any notice, including notice of pendency of administrative proceeding, to the property owner and all other interested parties of violations of any provisions contained in this Code.
"Administrative hearing officer"
shall mean any person appointed by the City Manager or other appointing authority designated under this Code to preside at administrative hearings.
"City Manager"
means the City Manager of the City of Mill Valley and his or her duly authorized designee.
"Enforcement officer"
shall mean any City employee or agent of the City authorized by the City Manager to enforce any provision of this Code.
"Person"
shall mean any individual or legal entity, including but not limited to, a corporation, partnership, or trust.
"Responsible party"
means each person committing the violation or causing a condition on a parcel of real property located within the City of Mill Valley to violate the Mill Valley Municipal Code; each person who has an ownership interest in that property; and each person who although not an owner, nevertheless has a legal right or a legal obligation to exercise possession and control over that property. In the event the person who commits the violation or causes the violating condition is a minor, then the minor's parents or legal guardian shall be deemed the responsible party. In the event the violation or violating condition is most reasonably attributable to a business and not to an employee, then that business, to the extent it is a legal entity such that it can sue and be sued in its own name, and each person who is an owner of that business shall each be deemed responsible parties.
"Mill Valley Municipal Code," and "this Code,"
shall mean the Mill Valley Municipal Code, including all pertinent provisions of state codes and regulations as adopted therein, enacted by the City Council of the City of Mill Valley.
(Ord. 1261 § 3, November 4, 2013)
Notwithstanding any other provision of the Mill Valley Municipal Code, an enforcement officer shall have the power to use the provisions of this chapter to enforce any and all provisions of this Code and to use whatever judicial and administrative remedies are available under this Code.
(Ord. 1261 § 3, November 4, 2013)
A. 
Notwithstanding any other provision of this Code, any notice required to be given under this chapter may be served by any of the following methods:
1. 
Personal service; or
2. 
Proof of mail, and first class mail to each responsible party at his or her last known address as it appears on the public records related to title or ownership of the property that is the subject of an administrative enforcement action; or
3. 
As to only those responsible parties who reside at or occupy the property that is the subject of an administrative enforcement action, as determined through diligent investigation; by posting the notice conspicuously on or in front of the subject property and mailing a copy of the notice to them by first class mail.
B. 
Service by proof of mail or first class mail in the manner described above shall be effective on the date of mailing.
C. 
The failure of any responsible party or other person with a legal or equitable interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this Code.
(Ord. 1261 § 3, November 4, 2013)
For the purposes of this chapter:
A. 
The enforcement officer may record, with the County Recorder's Office, a notice against a property that is the subject of an administrative enforcement action pending with the City of Mill Valley.
B. 
A "notice of pendency" or other notice of pending administrative action shall use a form approved by the City Manager and shall describe the nature of the administrative action and refer to the applicable provisions of this Code governing the pending administrative action.
(Ord. 1261 § 3, November 4, 2013)
The procedures established in this chapter for the use of administrative citations and the administrative civil penalties process as means for addressing violations of this code shall be in addition to criminal, civil or other legal or equitable remedies established by law that may be pursued to address violations of this code and the use of this chapter shall be at the sole discretion of the City.
(Ord. 1261 § 3, November 4, 2013)
A. 
Unpaid fines or penalties and their related costs, arising from administrative citations, administrative civil penalties actions or other administrative enforcement actions as provided by this Code shall be a debt to the City of Mill Valley and subject to all remedies for debt collection as allowed by law. The City shall be entitled to interest from the date the order becomes final or 30 days after the first billing whichever date is later.
B. 
Where an administrative enforcement action is relates to a specific property, administrative costs may also be recovered by the method prescribed in California Government Code Section 54988.
C. 
Where an administrative enforcement action also involves abatement of a public nuisance, administrative costs related to abatement of the public nuisance may also constitute abatement costs recoverable by special assessment against the real property on which the nuisance exists. Such special assessments shall be confirmed, collected and satisfied in accordance with the procedures set forth in Chapter 8.04 of this Code.
(Ord. 1261 § 3, November 4, 2013)
A. 
In order to effect proper enforcement of this Code and provide for the procedural and substantive due process rights of all persons subject to enforcement of this Code through the application of its administrative code enforcement remedies, there shall be the following two general types of administrative hearing:
1. 
Administrative Enforcement Hearing. Where this chapter requires the City to seek an administrative hearing as the means of enforcing this Code through the imposition of an administrative penalty for a responsible party's failure or refusal to comply with the appropriate notice for his or her violation of the Code, the hearing shall be an "administrative enforcement hearing."
2. 
Administrative Appeal Hearing. Where an aggrieved, responsible party seeks to appeal from an administrative decision, or an administrative enforcement action not requiring an administrative enforcement hearing, the hearing shall be an "administrative appeal hearing."
B. 
Both types of hearing shall provide for judicial review. The rules procedures set forth at Sections 8.02.100 through 8.02.130 apply to both administrative enforcement and administrative appeal hearings conducted pursuant to this chapter.
(Ord. 1261 § 3, November 4, 2013)
A. 
Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. Other than copies of citations, notices, notice and orders, and inspection reports served on the responsible parties as part of the enforcement action giving rise to the hearing, no pre-hearing discovery of the City's evidence shall be permitted.
B. 
The City bears the burden of proof at an administrative hearing to establish the existence of a violation of this Code.
C. 
A preponderance of the evidence shall be the standard of proof used by the administrative hearing officer in deciding the issues at an administrative hearing. The administrative citation or administrative civil penalties notice, along with any additional reports submitted by the enforcement officer shall constitute prima facie evidence of the facts contained in those documents.
D. 
Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case.
E. 
The only evidence that shall be permitted at the hearing and considered by the administrative hearing officer in reaching a decision is that evidence that is relevant to the proof or disproof of:
1. 
Ownership of the subject property, when applicable;
2. 
Whether a person noticed by the City as a responsible party is, in fact, a responsible party, as defined in Section 8.02.020 of this chapter;
3. 
Whether a violation of this Code occurred or continued to occur on the date or dates specified in the citation, notice, or order;
4. 
Whether the responsible party has caused, maintained or permitted the violation(s) specified in the citation, notice, or order; and, in the event of an administrative enforcement hearing on an administrative civil penalties notice, whether the amount of civil penalties proposed by the enforcement officer to be assessed are reasonable based on the procedures and criteria set forth in this chapter.
(Ord. 1261 § 3, November 4, 2013)
Any responsible party whose property or actions are the subject of an administrative hearing and who fails to appear at the hearing shall be deemed to have waived the right to a hearing; the adjudication of the issues related to the hearing, any and all rights afforded under this Code; and shall be deemed to have failed to exhaust their administrative remedies, provided that proper notice of the hearing as required by this or another applicable chapter of this Code has been served.
(Ord. 1261 § 3, November 4, 2013)
The written decision of the administrative hearing officer setting forth the findings and ruling in a particular case shall be entitled "administrative hearing order," unless a different title is imposed by this or another applicable chapter of this Code, and conform to the requirements set forth therein.
(Ord. 1261 § 3, November 4, 2013)
A. 
The City Manager shall promulgate rules and procedures as are necessary to contract with qualified persons capable of acting as administrative hearing officers.
B. 
The City Manager shall select an administrative hearing officer.
C. 
In an administrative appeal hearing, the administrative hearing officer may be a member of the staff of the department through which the administrative citation was issued, provided that the staff member meets the requirements of this section. The enforcement officer that issues an administrative citation shall not serve as the administrative hearing officer on any matter related to that citation.
D. 
The employment, performance evaluation, compensation and benefits of the administrative hearing officer shall not be directly or indirectly conditioned upon the amount of the administrative fines or penalties upheld, awarded, imposed, or assessed by the administrative hearing officer.
E. 
Any person designated to serve as an administrative hearing officer is subject to disqualification for bias, prejudice, interest, or for other reason for which a judge may be disqualified in a court of law. Rules and procedures for the disqualification of an administrative hearing officer based upon a showing of actual bias, prejudice, interest, or other reason shall be promulgated by the City Manager.
F. 
The administrative hearing officer shall have the power to:
1. 
Conduct administrative enforcement hearings and administrative appeal hearings as provided under the authority of this Code;
2. 
Continue a hearing based on good cause shown by one of the parties to the hearing or upon his or her own independent determination that due process has not been adequately afforded to a responsible party;
3. 
Exercise continuing jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance, ensuring compliance with an administrative civil penalties enforcement order, modifying an administrative civil penalties enforcement order, or where extraordinary circumstances exist, granting a new administrative enforcement hearing;
4. 
Rule upon the merits of an administrative appeal hearing or an administrative enforcement hearing upon consideration of the evidence submitted and issue a written decision resolving the case;
5. 
Uphold, award, impose, assess, or deny a fine or penalty authorized under this Code;
6. 
Assess administrative costs according to proof;
7. 
Set, increase, or decrease, according to proof, the amount of fine or penalty or the daily rate of such fine or penalty sought by the City to be awarded, imposed, or assessed in those cases where the fine or penalty is not fixed but is subject to a range as otherwise established by this Code;
8. 
In those cases where the fine or penalty is not fixed but is subject to a range as otherwise established by this Code, determine the date certain upon which the assessment of civil penalties shall begin; and, where the corrections are subsequently completed to the City's satisfaction, the date certain upon which the assessment of civil penalties shall end. If the violations have not been so corrected, the daily accrual of the penalties assessed shall continue until the violations are corrected or the legal maximum limit is reached; and
9. 
Where appropriate in administrative enforcement actions arising from the issuance of an administrative civil penalties notice and as a condition of compliance in correcting the violations at issue; require each responsible party to cease violating this Code and to make all necessary corrections as specified by the City.
(Ord. 1261 § 3, November 4, 2013)
A. 
An enforcement officer may issue an administrative citation, on a form approved by the City Manager, to a responsible party in accordance with the notice provisions set forth in Section 8.02.040.
B. 
An administrative citation shall contain all of the following information:
1. 
The date and location of the violation and the approximate time the violation occurred;
2. 
The code section violated and a description of how the section was violated;
3. 
The amount of the fine imposed for the violation, and the time within which and the place at which the fine shall be paid;
4. 
An order prohibiting another occurrence of the code violation;
5. 
A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation; and
6. 
The name and signature of the citing enforcement officer.
(Ord. 1261 § 3, November 4, 2013)
The fine imposed pursuant to this chapter for a particular violation shall be in the amount set forth in the administrative citation schedule established by resolution of the City Council. The administrative citation schedule shall specify the amount of any late payment charges imposed for failure to timely pay the fine.
(Ord. 1261 § 3, November 4, 2013)
The administrative fine shall be paid to the City of Mill Valley within 30 days from the date of service of the administrative citation. If, after a hearing requested pursuant to Section 8.02.240, the hearing officer determines that the administrative citation should be canceled, the administrative fine shall be refunded in accordance with Section 8.02.280.
(Ord. 1261 § 3, November 4, 2013)
A. 
Any responsible party to whom an administrative citation is issued may contest the citation no later than 30 days from the date of service of the administrative citation by:
1. 
Completing a request for hearing form and returning it to the City of Mill Valley; and
2. 
Either depositing the administrative fine with the City of Mill Valley or providing notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 8.02.250.
B. 
A request for hearing form may be obtained from the department specified on the administrative citation. The person requesting the hearing shall be notified by certified mail, return receipt, of the time and place of the hearing at least 10 days before the date of the hearing. Any documentation, other than the administrative citation, which the enforcement officer has submitted, or will submit, to the hearing officer shall be served on the person requesting the hearing by certified mail, return receipt, at least five days before the date of the hearing.
(Ord. 1261 § 3, November 4, 2013)
Any responsible party who requests a hearing to contest an administrative citation and who is financially unable to deposit the administrative fine as required in Section 8.02.240 may file a request for an advance deposit hardship waiver. The request shall be filed with the department specified on the administrative citation on an advance deposit hardship waiver application form, available from the department, no later than 30 days after service of the administrative citation. The department director may issue an advance deposit hardship waiver only if the person requesting the waiver submits to the department a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the director the person's financial inability to deposit the full amount of the fine in advance of the hearing. The department director shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be served upon the person requesting the waiver by certified mail return receipt. If the department director determines that the waiver is not warranted, the person shall remit the full amount of the fine to the City of Mill Valley within 10 days of receipt of the director's written decision.
(Ord. 1261 § 3, November 4, 2013)
Only after a request for hearing form is filed, and the responsible party requesting the hearing has either deposited the administrative fine in full or obtained an advance deposit hardship waiver, shall the City of Mill Valley set the date and time for the administrative hearing. The hearing shall be set for a date not less than 15 days nor more than 60 days after the request for hearing form is filed, and the administrative fine is deposited with the City or an advance deposit hardship waiver is issued. The City shall send notice of the date, time and place of the hearing to the person requesting the hearing by certified mail return receipt at least 10 days before the date of the hearing.
(Ord. 1261 § 3, November 4, 2013)
The responsible party requesting a hearing may request one continuance, but in no event may the hearing begin later than 90 days after the request for hearing form is filed, and the administrative fine is deposited with the City or an advance deposit hardship waiver is issued.
(Ord. 1261 § 3, November 4, 2013)
A. 
After considering all of the testimony and evidence submitted at the hearing, the administrative hearing officer shall, within 45 days, file an "administrative citation appeal order" with the enforcement officer. The administrative citation appeal order shall be a written decision either upholding, modifying, or canceling the administrative citation as to each named responsible party. The order shall list all findings in support of the hearing officer's determination and the imposition of any administrative fine or penalty.
B. 
Upon filing the administrative citation appeal order with the enforcement officer, the administrative hearing officer shall also serve the administrative citation appeal order on the responsible party by the applicable method set forth in Section 8.02.040.
C. 
If the administrative citation appeal order cancels the administrative citation as to a responsible party, any fine deposited with the City shall be promptly refunded, together with interest at the average rate earned on the City's portfolio for the period of time that the City held the fine, and the case shall be terminated as to that party.
D. 
If the administrative citation appeal order upholds the administrative citation, the City shall retain the fine deposited by the responsible party. If the administrative hearing officer upholds the administrative citation and the fine has not been deposited pursuant to an advance deposit hardship waiver, the administrative hearing officer shall specify in the decision a payment schedule for the fine.
E. 
The administrative citation appeal order shall be final and conclusive. Within 20 days after the administrative hearing officer's filing and service of the order, a responsible party held liable under the decision may seek judicial review by filing an appeal to be heard by the Superior Court pursuant to California Government Code Section 53069.4. A copy of the notice of appeal shall be served in person or by first-class mail upon the City by the appellant.
(Ord. 1261 § 3, November 4, 2013)
A. 
The Mill Valley City Council finds that there is a need for alternative methods of enforcement of this Code and applicable state codes. The City Council further finds that the assessment of administrative civil penalties through an administrative hearing procedure for code violations is a necessary additional method of code enforcement which will augment the City of Mill Valley's other code enforcement remedies.
B. 
The administrative assessment of civil penalties established in this chapter is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of this Code or applicable state codes.
(Ord. 1261 § 3, November 4, 2013)
A. 
Any person violating any provision of this Code or applicable state code may be subject to the assessment of administrative civil penalties pursuant to the provisions of this chapter.
B. 
Administrative civil penalties may be directly assessed by means of an administrative civil penalties notice issued by an enforcement officer, as defined in Section 8.02.020. Such penalties may be recovered by special assessment lien pursuant to Section 8.02.090 and related provisions of this Code.
C. 
Administrative civil penalties for violations of any provision of this Code or applicable state codes shall be assessed at a daily rate determined by the administrative hearing officer pursuant to the criteria listed in Section 8.02.330. The maximum rate shall be $1,000.00 per violation. The maximum amount of administrative civil penalties shall not exceed $100,000.00, exclusive of administrative costs, interest and restitution for compliance re-inspections, annually per parcel or structure for any series of related violations or conditions constituting a public nuisance.
(Ord. 1261 § 3, November 4, 2013)
A. 
Whenever an enforcement officer determines that a violation of one or more provisions of this Code or applicable state code has occurred or continues to exist, a written administrative civil penalties notice may be issued to the responsible party.
B. 
The administrative civil penalties notice shall refer to all code sections violated and describe, in reasonable detail, how each section is being violated.
C. 
The administrative civil penalties notice shall refer to the dates and locations of the violations.
D. 
The administrative civil penalties notice shall describe all remedial action required to permanently correct outstanding violations and establish time frames for completion.
E. 
The administrative civil penalties notice shall establish a daily amount of administrative civil penalties. The enforcement officer shall determine the daily amount of administrative civil penalties pursuant to the criteria in this chapter.
F. 
The administrative civil penalties notice shall identify a date when the administrative civil penalties began to accrue and a date when the assessment of administrative 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 enforcement officer determines that the violations are continuing, the administrative civil penalties notice shall demand that the responsible party cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate City departments.
H. 
The administrative civil penalties notice shall enumerate any other consequences should the responsible party fail to comply with the terms and deadlines as prescribed in the notice.
I. 
The administrative civil penalties notice shall identify appropriate hearing procedures as required by Sections 8.02.130 through 8.02.160.
J. 
The administrative civil penalties notice shall be served upon the responsible party by any one of the methods of service listed in Section 8.02.040.
K. 
The administrative civil penalties notice shall identify the factors used by the enforcement officer in determining the duration and the daily amount of administrative civil penalties.
L. 
More than one administrative civil penalties notice may be issued against the same responsible party if it encompasses either or both different dates, different violations or different parties responsible for the violation.
(Ord. 1261 § 3, November 4, 2013)
A. 
In determining the date when administrative civil penalties started to accrue, the enforcement officer may consider the date when the City of Mill Valley first discovered the violations, as evidenced by the issuance of a notice of violation or any other written correspondence.
B. 
The assessment of administrative 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 enforcement officer may consider some or all of the following factors:
1. 
The duration of the violation;
2. 
The frequency or recurrence of the violation;
3. 
The seriousness of the violation;
4. 
The history of the violation;
5. 
The responsible party's conduct after issuance of the notice and order;
6. 
The reasonable and good faith effort by the responsible party to comply;
7. 
The economic impact of the penalty on the responsible party;
8. 
The impact of the violation upon the community;
9. 
Any other factors that justice may require.
D. 
The City Manager has the authority to establish a penalty schedule to use as a guideline in determining the amount of administrative civil penalties to be assessed in each individual case. The City Manager shall also establish criteria and procedures for the application of this penalty schedule.
(Ord. 1261 § 3, November 4, 2013)
A. 
The administrative hearing officer shall assess administrative costs, as defined in Section 8.02.020, against the record property owner or other responsible party when such officer finds that a code violation and/or public nuisance has occurred and that compliance has not been achieved by the compliance date specified in the administrative civil penalties notice.
B. 
Administrative costs assessed by the administrative hearing officer shall be due by the date specified in the administrative enforcement order.
(Ord. 1261 § 3, November 4, 2013)
A. 
When the responsible party fails to comply with the terms of the enforcement officer's notice by the compliance date set forth therein, the City Manager or director of the department through which the administrative civil penalties notice was issued shall appoint an administrative hearing officer in accordance with Section 8.02.130, and establish a date, time and place for an enforcement hearing concerning the administrative civil penalties notice. Failure to comply includes failure to pay the previously assessed costs or penalties, failure to commence and complete corrections by the established deadlines, or failure to refrain from continuing violations of this Code.
B. 
A written notice of the administrative enforcement hearing setting forth the date, time, and place of that hearing shall be served on the responsible party at least 10 calendar days prior to the date set for that hearing.
C. 
The notice of hearing shall be served by any of the methods of services listed in Section 8.02.040 of this chapter.
D. 
The notice of hearing shall include an itemized statement of administrative costs the City seeks to have assessed in addition to the amount of administrative civil penalties the City seeks to have assessed by the administrative hearing officer.
(Ord. 1261 § 3, November 4, 2013)
A. 
After considering all of the testimony and evidence submitted at the hearing, the administrative hearing officer shall, within 10 days, file an "administrative enforcement order" with the enforcement officer. The administrative enforcement order shall be a written decision and shall list all findings in support of the administrative hearing officer's determination and the imposition of any penalty or order. Upon filing the administrative enforcement order with the enforcement officer, the administrative hearing officer shall also serve the administrative enforcement order, by the applicable method set forth in Section 8.02.040, on the responsible party and on any other person or entity requesting the same.
B. 
The administrative enforcement order may affirm or reject the enforcement officer's administrative civil penalties notice or may modify the daily rate or duration of the administrative civil penalties depending upon the review of the evidence. The administrative hearing officer may increase or decrease the total amount of administrative civil penalties and costs that are assessed by the enforcement officer's administrative civil penalties notice.
C. 
The administrative hearing officer may issue an administrative enforcement order that requires the responsible party to cease violating this Code or applicable state codes and to make necessary corrections.
D. 
As part of the administrative enforcement order, the administrative hearing officer may establish specific deadlines for the payment of penalties and costs and condition the total or partial assessment of administrative civil penalties on the responsible party's ability to complete compliance by specified deadlines.
E. 
The administrative hearing officer may issue an administrative enforcement order which imposes additional administrative civil penalties that will continue to be assessed until the responsible party complies with the hearing officers' order and corrects the violation.
F. 
The administrative 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 enforcement order.
G. 
After the administrative hearing officer issues an administrative enforcement order, the enforcement officer shall monitor the violations and determine compliance.
H. 
Upon the failure of the responsible party to comply with the terms and deadlines set forth in the administrative enforcement order, the City of Mill Valley may use all appropriate legal means to recover the administrative civil penalties, administrative costs and obtain compliance with the administrative enforcement order. The City shall consider and, when desirable, utilize the imposition of a lien upon the responsible party's real property that is the subject matter of the administrative enforcement order to secure recovery or collection of the administrative civil penalties, administrative costs and costs related to the proceedings authorized by this chapter.
I. 
The administrative enforcement order shall be final and conclusive. Within 20 days after the administrative hearing officer's filing and service of the order, a responsible party held liable under the decision may seek judicial review by filing an appeal to be heard by the Superior Court pursuant to California Government Code Section 53069.4. A copy of the notice of appeal shall be served in person or by first-class mail upon the City by the appellant.
(Ord. 1261 § 3, November 4, 2013)