For the purpose of this title, the words and phrases designated in this section shall be defined as follows:
"Commercial venture"
means any development, management, sale, rental or use of property other than the sole purpose of residential occupancy by the property owner or his or her immediate family members.
"Director"
means the director of building and planning, and shall include any duly authorized representative of such director.
"Land use ordinance"
means any existing or future ordinances of the city, or rules or regulations adopted thereunder, which regulate the use and development of land, including, but not limited to, the city's zoning ordinances, El Cajon Municipal Code Title 15, relating to building and construction, the State Subdivision Map Act, Uniform Fire Code, Uniform Building Code, Uniform Plumbing Code, Uniform Housing Code, Uniform Mechanical Code, and National Electrical Code.
"Permit"
means any form of certificate, approval, registration, license or other written permission given to any person to engage in any activity as required by law, ordinance or regulation.
"Person"
includes any natural person, organization, corporation or partnership and their agents, representatives or assigns.
(Ord. 4056 § 3, 1987)
A. 
Whenever the director of community development has reason to believe that a use or condition exists in violation of any land use ordinance as defined in this title, or rules and regulations adopted thereunder, he or she is authorized to issue an administrative citation in accordance with Chapter 1.14, or initiate enforcement under Chapter 1.24, abatement pursuant to Chapter 15.16, and/or may commence an administrative proceeding under this chapter to cause the assessment of a civil penalty pursuant to Section 1.24.020.
B. 
Pending commencement and completion of the administrative procedure provided for in this chapter, the director of community development may cause an order to cease violation to be posted on the subject property or served on persons engaged in any work or activity in violation of a land use ordinance. The effect of such an order shall be to require the immediate cessation of such work or activity until authorized by the director of community development to proceed.
(Ord. 4056 § 3, 1987; Ord. 4640 § 1, 2000)
A. 
Whenever the director has reason to believe that violation of a land use ordinance will be most promptly and equitably terminated by an administrative proceeding, a written Notice and Order to Correct or Abate shall be issued, directed either to the owner or operator of the source of the violation, the person in possession of the property where the violation originates, or the person otherwise causing or responsible for the violation.
B. 
The Notice and Order to Correct or Abate shall contain:
1. 
The street address, when available, assessor's parcel number and/or description of personal property sufficient for identification of where the violation occurred or is located;
2. 
A statement that the director has found the person to be in violation of a land use ordinance with a brief and concise description of the conditions found to be in violation;
3. 
A statement of the corrective action required to be taken. If the director has determined that corrective work is required, the order shall require that all required permits be secured, that work physically be commenced, and that the work be completed within such times as the director determines are reasonable under the circumstances;
4. 
A statement specifying the amount of any civil penalty assessed to date on account of the violation, and, if applicable, the conditions on which assessment of such civil penalty is contingent;
5. 
Statements advising that:
a. 
If any required work is not commenced or completed within the times specified, the director will proceed to cause abatement of the violation and cause the work to be done and charge the costs thereof as a lien against the property and as a joint and separate personal obligation of any person in violation, and
b. 
The civil penalties will accrue until the violations are corrected, and if any assessed civil penalty is not paid, the amount of the penalty will be charged as a lien against the property and as a joint and separate personal obligation of any person in violation;
6. 
A statement advising that the order shall become final, unless, no later than ten days after the notice and order are served, any person aggrieved by the order requests an appeal in writing.
C. 
Service of the Notice and Order shall be made upon all persons identified in the Notice and Order either personally or by mailing a copy of such Notice and Order by certified mail, postage prepaid, return receipt requested, and to the occupant of the address of the location of the violation. The failure of any such person to receive such Notice shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner provided in this section shall be effective on the date of postmark. The Notice and Order shall be posted on the subject property.
(Ord. 4056 § 3, 1987)
A. 
Review, modification, or waiver of the amount of penalties assessed may be made by the joint decision of the city manager, the director of building and planning, and the city attorney. Such a request must be made in writing. Denial of the request does not preclude appeal to the city council.
B. 
It is the function of the city council to review evidence submitted on appeal, to make written findings on the evidence, and to affirm, modify or reverse any order issued by the director.
C. 
Following review of any evidence submitted, the city council shall make written findings and conclusions, and shall affirm or modify the order previously issued if it finds that a violation has occurred, or reverse the order if it finds that no violation occurred. The written decision of the city council shall be mailed by certified mail, postage prepaid, return receipt requested, to all parties of interest. Action by the city council on the appeal shall be final and conclusive.
(Ord. 4056 § 3, 1987)
A. 
If, after any Order duly issued has become final, the person to whom such Order is directed fails, neglects or refuses to obey such Order, including refusal to pay a civil penalty assessed under such Order, the director may:
1. 
Refer the matter to the city attorney for prosecution under the provisions of this title; and/or
2. 
Institute any appropriate action to collect a civil penalty assessed under this title; and/or
3. 
Abate the land use violation using the procedures of this title; and/or
4. 
Pursue any other appropriate remedy at law or equity.
B. 
Enforcement of any Notice and Order issued pursuant to this title shall be stayed during the pendency of any appeal under this title, except when the director determines that the violation, if continued, will cause immediate and irreparable harm.
(Ord. 4056 § 3, 1987)
The city shall have a lien for any civil penalty imposed or for the cost of any abatement work done pursuant to this title, or both, against the real property on which the civil penalty was imposed or any of the abatement work was performed.
The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens, except for state and county taxes, with which it shall be on a parity.
The civil penalty and the cost of abatement are also joint and separate personal obligations of any person in violation. The city attorney may collect the civil penalty and the abatement work costs by use of all appropriate legal remedies.
The lien provided by this title may be foreclosed and enforced by a civil action in a court having jurisdiction.
(Ord. 4056 § 3, 1987)
The Notice and Order of the director pursuant to this title shall give notice to the owner that a lien for the civil penalty or the cost of abatement, or both, may be claimed. Service of the Notice and Order shall be made upon all persons identified in the Notice and Order either personally or by mailing a copy of such Notice and Order by certified mail, return receipt requested. If the address of any such person cannot reasonably be ascertained, a copy of the Notice and Order shall be mailed to such person at the address of the location of the violation. The failure of any such person to receive such Notice shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner provided in this section shall be effective on the date of postmark. The Notice and Order shall be posted on the subject property.
(Ord. 4056 § 3, 1987)
A. 
The director shall cause a Notice of Intent to Lien to be recorded within ninety days from the date the civil penalty is due or within 90 days from the date of completion of the abatement work performed pursuant to this title.
B. 
The Notice of Intent to Lien shall contain the following:
1. 
The authority for imposing a civil penalty or proceeding to abate the violation, or both;
2. 
A brief description of the civil penalty imposed, the violations charged and the duration thereof, or a brief description of the abatement work done, the dates of commencement and completion of the work, and the name of the persons or organizations performing the work;
3. 
A legal description of the property to be charged with the lien;
4. 
The name of the known or reputed owner, and, if not known, the fact shall be alleged; and
5. 
The amount, including lawful and reasonable costs, for which the lien is claimed.
C. 
The director shall sign and verify a declaration by oath to the effect that the affiant believes the lien claimed is just.
(Ord. 4056 § 3, 1987)
The San Diego County recorder's office shall record and index the Notices of Intent to Lien described in this chapter. No lien created by this title binds the property subject to the lien for a period longer than three years after the Notice of Intent to Lien has been filed, unless an action is commenced in the proper court within that time to enforce the lien.
(Ord. 4056 § 3, 1987)
Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter.
(Ord. 4056 § 3, 1987)