This chapter provides for administrative citations, which are
in addition to all other legal penalties and remedies, whether administrative,
criminal, or civil, that may be imposed in connection with any violation
of this code. Any person violating, or who has violated, any provision
of this code may be issued an administrative citation by an enforcement
official as provided for in this chapter.
(Ord. 1936 § 3, 2020)
For purposes of this chapter, the following definitions shall
apply, unless the context clearly indicates otherwise:
"City manager's designee"
means and includes the city manager or the person designated
by the city manager to fulfill the responsibilities required by this
chapter.
"Decision"
means the decision of the hearing officer at the conclusion
of an administrative hearing held in accordance with this chapter.
"Enforcement agency"
means and includes any agency, department, or unit authorized
to enforce any provision of this code.
"Enforcement official"
means and includes any city employee or agent of the city
authorized by this code, the city council, or the city manager to
issue administrative citations to enforce any provision of this code.
"Grace period"
means the reasonable timeframe provided to a responsible
party to correct a violation of this code in accordance with this
chapter.
"Grace period exception"
mean a code violation that is any of the following:
1.
Not a continuing violation.
3.
The result of, or used to facilitate, the illegal cultivation
of cannabis, unless all the following are true:
a.
The nuisance property is a rental property.
b.
The relevant responsible party is the nuisance property owner
or owner's agent.
c.
A tenant is in possession of the nuisance property.
d.
The relevant responsible party can provide evidence that the
rental or lease agreement prohibits the cultivation of cannabis.
e.
The relevant responsible party did not know the tenant was illegally
cultivating cannabis and no complaint, property inspection, or other
information caused the responsible party to have actual notice of
the illegal cannabis cultivation.
"Hearing officer"
means the neutral and impartial hearing officer appointed
to hold and conduct an administrative hearing in accordance with this
chapter.
"Immediate danger"
means that the cited condition poses a reasonable risk of
causing immediate harm or damage to the health or safety of a person
or property.
"Nuisance property"
means the parcel of real property upon which the violations
cited in an administrative citation occurred.
"Person"
means any natural person, business, organization, corporation,
or other legal entity.
"Responsible party" or "responsible parties"
means and includes any of the following:
1.
Any person or entity that causes, maintains, permits, or allows
a violation of this code.
2.
Any person or entity that owns, possesses, or controls any parcel
of real property in the city upon which a violation of this code is
maintained.
3.
Any trustee of any trust that holds legal title to any parcel
of real property in the city upon which a violation of this code is
maintained.
4.
Any person or entity that owns, possesses, operates, manages,
or controls any business within the city that is responsible for causing
or maintaining a violation of this code.
(Ord. 1936 § 3, 2020)
The city manager's designee shall establish procedures for the
selection of a hearing officer required in this chapter. A hearing
officer shall be a neutral third party contracted by the city and
selected in a manner that avoids the potential for any bias against
any parties to the hearing. The hearing officer's compensation, if
any, shall be paid by the city; however, the non-prevailing party
shall be liable to the city for the costs of the hearing and the hearing
officer's compensation. The hearing officer's compensation shall not
be directly or indirectly conditioned upon the outcome of the hearing.
(Ord. 1936 § 3, 2020)
The city may collect any past due administrative fines, administrative fees, late fees, nuisance abatement costs, collection costs, and hearing costs by use of all available legal means, including, but not limited to, personal collection from the responsible parties and special assessment against the nuisance property if the responsible parties have or control title to the nuisance property. The procedures provided in this section are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter
1.20 of this code.
(Ord. 1936 § 3, 2020)
Within 20 days after service of the decision upon a responsible
party, that responsible party may seek review of the decision by filing
an appeal with the Superior Court of the state of California, in the
county of San Bernardino, in accordance with
Government Code Section
53069.4. That responsible party shall serve upon the city clerk, either
in person or by first-class mail, a copy of the notice of appeal.
If a responsible party fails to timely file a notice of appeal, the
hearing officer's decision shall be final and that responsible party's
right to appeal shall be deemed waived and terminated.
(Ord. 1936 § 3, 2020)