A. 
The amounts of the fines for code violations imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution of the city council and available at the city clerk's office.
B. 
The amount of fines set forth in the schedule of fines shall be in accordance with the limits set forth in California Government Code Section 3901.
C. 
The amount of the code violation fine(s) shall be determined based on the category of violation:
1. 
Level A violations are violations that present a substantial probability that death or serious physical harm to person(s) of the public at large would result therefrom.
2. 
Level B violations are violations that either: (a) present the threat, but not substantial probability, that serious physical harm to persons or the public at large would result therefrom; or (b) present circumstances that are likely to cause and/or do cause serious harm to public or private property; or (c) present a conscious and willful disregard of (i) notice(s) of violation or administrative citation(s) issued by the city, or (ii) other orders or notices of violation issued by any agency or commission authorized to issue such orders or notices.
3. 
Level C violations are violations that present circumstances that either:
a. 
Are likely to cause, and/or do cause, harm to public or private property; or
b. 
Show repeated or continuous noncompliance with:
i. 
Notices of violation or administrative citations issued by the city; or
ii. 
Orders or notices of violation issued by any agency or commission authorized to issue such orders or notices.
4. 
Level D violations are violations other than Level A, B or C violations.
D. 
The code enforcement official may impose fines for the violation of any code provision in accordance with the schedule of fines, in an amount not to exceed a maximum of $1,000 per day for each ongoing violation, except that the total administrative fine shall not exceed $100,000, exclusive of administrative costs, interest and restitution for compliance reinspection, for any related series of violations.
(Formerly 1.17.110; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
A. 
The fine shall be paid to the city within 30 days from the date of the administrative citation.
B. 
Payment of a fine under this article shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.
(Formerly 1.17.120; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
Any person who fails to pay to the city any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges and interest rates set forth in the schedule of fines.
(Formerly 1.17.260; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
A. 
The city may collect any past due administrative citation fines or late payment charges by use of all available legal means. The city also may recover its collection costs pursuant to subsection C of this section.
B. 
The city may collect the costs incurred for the additional work that is undertaken by city staff when a responsible party fails to voluntarily correct a code violation in a timely manner. The assessment and collection of these costs shall be in addition to, and shall not preclude, the imposition of any other fines and fees allowed by this code, the state codes, or applicable uniform codes.
C. 
Any person who fails to pay any obligation required by this chapter shall also be liable in any action brought by the city for all the city's costs incurred in securing payment of the delinquent amount including, but not limited to, administrative costs. Additionally, attorneys' fees may be recovered by the prevailing party in any such action. Collection costs imposed under this provision shall be added to and become a part of the underlying obligation.
(Formerly 1.17.270; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
A. 
It shall be unlawful for the owner of any dwelling unit, structure, or premises that is subject to a notice of violation or an administrative citation to sell, transfer, mortgage, lease or otherwise dispose of the subject property until:
1. 
The provisions of the notice of violation or administrative citation have been complied with; or
2. 
Until such owner first furnishes the grantee, transferee, mortgagee or lessee with a true copy of any such notice of violation or administrative citation; and
a. 
Furnishes to the city clerk a signed and notarized statement from the grantee, transferee, mortgagee or lessee:
i. 
Acknowledging the receipt of such notice of violation or administrative citation, and fully accepting the responsibility without condition for making the corrections or repairs required by the citation; or
ii. 
Stating that the grantee, transferee, mortgagee or lessee intends to timely challenge the notice of violation or administrative citation.
B. 
The transfer of ownership in violation of this section shall not abrogate the transfer.
(Formerly 1.17.290; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
For properties where a notice of violation, an administrative citation, or administrative order has been issued, 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 city. The city may not withhold permits which are necessary to obtain a notice of compliance or which are necessary to correct serious health and safety violations.
(Formerly 1.17.440; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
Whenever the amount of any administrative penalty and/or administrative cost imposed in connection with real property pursuant to this chapter has not been satisfied in full within 90 days after the issuance of an order by the appeals board ordering the payment of those fines, or an order, notice, citation or other official directive to pay such fines issued by a code enforcement official has been disregarded by the responsible party or has not been 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 confirmation and recordation with the office of the county recorder as a notice of lien, shall constitute a lien on said property in the amount of the assessment.
(Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008; Ord. 18-02 § 3, 2018)
A. 
The appropriate department head shall prepare and file with the city clerk a report stating the amounts due and owing by the responsible party.
B. 
The city clerk or city attorney shall then schedule a hearing before the appeals board and issue a notice of hearing pursuant to HMC § 1.17.330 not less than 15 days prior to the time set for the hearing. Parties served with the notice of hearing must respond to the notice of hearing, indicating their intent to appear at the hearing, no less than five days prior to the time set for the hearing.
C. 
Hearing procedures for the lien hearing shall generally follow the administrative hearing procedures set forth in HMC § 1.17.340 et seq.
D. 
If any party indicates that it intends to appear at the hearing, the hearing will take place on the date and time scheduled. Any person whose real property is the subject of this lien procedure may file a written protest, or appear at the hearing and make objections, or both, to the imposition of such lien. Parties are entitled to have legal counsel present at the hearing, pursuant to HMC § 1.17.350.
E. 
If no party responds to the notice of hearing indicating an intent to appear, no hearing shall be scheduled and the city may proceed with recording the lien, or if the hearing takes place as scheduled, and no party appears to oppose the lien, the city may impose and record the lien in accordance with HMC § 1.17.230.
F. 
If a hearing is held under this section, the appeals board, after the hearing, shall issue an order authorizing or modifying the lien and directing the recording thereof, or dismissing the lien.
G. 
The owner of such property shall be given notice prior to the recordation of the lien. The notice shall be served in the manner required under Section 38773.1 of the California Government Code.
H. 
Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to HMC § 1.17.160.
(Formerly 1.17.500; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008; Ord. 18-02 § 4, 2018)
A. 
Thirty days following the issuance of the administrative order imposing a lien pursuant to HMC § 1.17.220, or if no hearing was required then 30 days after the date of default judgment against the responsible party, the city clerk shall file the same as a judgment lien in the office of the county recorder of Stanislaus County, California. The lien may carry such additional administrative charges as set forth in the city's schedule of fines.
B. 
The lien shall specify the amount of the lien, the name of the city on whose behalf the lien is imposed, the date of the administrative order imposing the lien, the street address of the affected property, the legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.
C. 
The lien may be foreclosed by an action brought by the city for a money judgment.
D. 
In the alternative, the city may collect administrative fines, fees, and costs of abatement as a special assessment in accordance with the procedures set forth in California Government Code Section 38773.5.
(Formerly 1.17.520; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
Any person directly aggrieved by an administrative decision of the appeals board regarding the imposition of a lien or special assessment may obtain review of the administrative decision by filing a petition for review with the superior court of Stanislaus County.
(Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008; Ord. 18-02 § 5, 2018)
Once all cited violations have been corrected and payment in full is received by the city for outstanding penalties and costs and thereby satisfying the lien or assessment, the finance director or department head shall record a notice of compliance and satisfaction with the office of the county recorder. Such notice of satisfaction shall cancel the city's lien.
(Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)