(1) 
The City Manager is hereby authorized to administer and enforce all of the provisions of this chapter. In accordance with approved procedures, the City Manager may assign said authority to department heads and/or employ qualified officers, inspectors, assistants, and other employees as shall be necessary to carry out the provisions of this chapter. The authority of the City Manager to enforce the provisions of this chapter is independent of and in addition to the authority of other City officials to enforce the provisions of any other chapter of the City Code.
(2) 
Pursuant to California Code of Regulations, Title 25, Section 52, the procedures contained in this chapter are deemed to be equivalent for the purposes intended by, and may be used in lieu of, the regulations and procedures for abatement contained in Article 6 of Subchapter 1 of Chapter 1 of Division 1 of Title 25 of the California Code of Regulations which addresses mobile homes and parks.
(3) 
Nothing in this chapter shall be construed to limit the authority of the Police Chief of the City to enforce all laws within the Police Chief's jurisdiction.
(Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
(1) 
Whenever it is necessary to make an inspection of any premises to enforce the provisions of this chapter, and to the extent authorized by law, the Code Compliance Administrator or a department head authorized by the Code Compliance Administrator may enter on such premises at all reasonable times to inspect the same or to perform any duty imposed upon him/her by this code, subject to the requirements of Amendment IV of the United States Constitution and any other provisions of applicable law.
(2) 
Whenever practicable, the Code Compliance Administrator or the department head shall contact the occupant of such premises 24 hours prior to entry and inform the occupant of the reasons for such entry onto such property, and if the occupant is other than the owner, the Code Compliance Administrator or the department head shall also, if practicable, contact such owner. This does not prevent entering the property within the 24 hours of notification with the owner's or occupant's permission.
(3) 
If entry onto any premises is denied by the owner or occupant of such premises, or by any third party, the Code Compliance Administrator or authorized department head shall have recourse to every remedy provided by law to secure peaceable entry on such premises to perform the duties required by this chapter.
(Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
(1) 
It shall be unlawful for any person, firm, corporation, or other entity to violate any provision of this chapter. Any person, firm, corporation, or other entity, whether as owner, lessee, sublesser, sublessee, or occupant of any premises that violates the provisions of this chapter or any order issued pursuant to this chapter shall be subject to any or all of the following:
(a) 
Such person shall be subject to weed abatement, summary or administrative abatement of the nuisance by the City, and be subject to administrative citations, fines, civil penalties, fees and costs, including reasonable attorney fees imposed by the City pursuant to the summary or administrative abatement procedures contained in the City Code or any other provisions of law;
(b) 
Such person shall be guilty of a misdemeanor for each day such violation continues, and upon conviction thereof shall be punished for each violation by a fine not to exceed $1,000, or by imprisonment of not longer than six months, or both for each violation;
(c) 
Such person shall be prosecuted in a civil action, criminal action, or both brought by the City. The City Attorney or other authorized legal representative may bring an action in a court of competent jurisdiction to enjoin or prosecute any nuisance violation of this chapter, or violation of any other ordinance of the City;
(d) 
Each and every day that any such violation continues to exist shall constitute a continuing and separate offense.
(2) 
To address the variety of circumstances that may arise in conjunction with addressing violations of the municipal code of Rio Dell, including, but not limited to, nuisance regulations, such as difficult and/or recurrent cases, the following mechanisms shall facilitate a prompt and responsive code compliance program. The City Council finds that there is a need to establish several mechanisms, including fines.
(3) 
These provisions provide for administrative procedures and citations as provided in Government Code Section 53069.4.
(4) 
The remedies provided by these provisions are in addition to all other legal remedies, administrative, criminal and/or civil, which may be pursued by the City to address any violation of this code.
(5) 
Use of these provisions shall be at the sole discretion of the City.
(Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
(1) 
Whenever an enforcement officer charged with the enforcement of any provision of this code determines that a violation has occurred, the enforcement officer may issue an administrative citation to any person responsible for the violation.
(2) 
Each administrative citation shall contain the following information:
(a) 
The date of the violation;
(b) 
The address or a definite description of the location where the violation occurred;
(c) 
The section of this code violated and a description of the violation;
(d) 
The amount of the fine for the code violation;
(e) 
A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
(f) 
An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;
(g) 
An order to correct the code violation described in the administrative citation if said violation is correctable as described in this chapter;
(h) 
A description of the administrative citation review process, including the time period within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained and an advance deposit waiver; and
(i) 
The name and signature of the citing enforcement officer.
(3) 
In addition to the administrative citation and penalty authorized by this chapter, an order to correct a violation under subsection (2)(g) of this section may be enforced as set forth in the chapter applicable to that violation.
(4) 
In the case of a continuing violation pertaining to building, plumbing, electrical or other similar structural or zoning issue that in the opinion of the Code Compliance Administrator or designee does not create an immediate danger to health, safety or public welfare, a reasonable time, not to exceed 120 days, shall be provided to remedy or correct the violation prior to imposition of fines or penalties. In determining what constitutes a reasonable time, the Code Compliance Administrator may consider the estimate of local professionals including licensed contractors, but shall have sole discretion to make the final determination as to what the reasonable time shall be. In the case of such violations, the time within which the violation must be corrected, in order to avoid a fine, shall also be specified on the administrative citation.
(Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
(1) 
The amounts of the fines for violations of the Rio Dell Municipal Code and local building and safety codes including the California Building Code (CBC), California Residential Code (CRC), Section 17920.3 of the California Health and Safety Code, and Uniform Housing Code (UHC) are imposed pursuant to Government Code Section 53069.4 and this chapter and shall be as follows:
(a) 
A fine of $100.00 for a first violation;
(b) 
A fine of $200.00 for a second violation of the same section of the Rio Dell Municipal Code within one year of the first violation;
(c) 
A fine of $500.00 for each additional violation of the same section of the Rio Dell Municipal Code within one year of the first violation.
(2) 
A 10 percent late payment fee shall be imposed on any fine which is not paid within 30 days of the issuance of the citation.
(3) 
The administrative fines outlined in this chapter are levied in addition to any recovery of costs outlined in this chapter.
(Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
(1) 
The fine shall be paid to the City within 30 days from the date of the administrative citation.
(2) 
Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.
(Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
Any recipient of an administrative citation may contest the existence of a violation of the code, that he or she is the responsible party, or any order issued under RDMC § 8.10.090(2) pursuant to RDMC § 8.10.270. Any person, corporation, or entity seeking to contest an administrative citation shall notify the City Clerk in writing on a form provided by the City of Rio Dell within 21 days from the date the administrative citation was issued.
(Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
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 identified in RDMC § 8.10.100(2), as well as interest at the legal rate.
(Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
The City may collect any past due administrative citation fine or late payment charges by use of all available legal means, including, but not limited to, means available for the collection of judgments, liens and actions for recovery of money. The City also may recover its collection costs. Special assessment liens against property may only be applied when the administrative citation fine was issued for a violation directly connected to the property.
(Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
Any person aggrieved by a final administrative decision issued pursuant to RDMC § 8.10.270(5) of an administrative citation may obtain judicial review of the administrative decision by filing a petition seeking review in accordance with Government Code Section 53069.4.
(Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
(1) 
Whenever a notice or report is required to be given or provided under this chapter, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by first class U.S. mail, postage prepaid with confirmation of delivery by the U.S. Postal Service, upon the record owner at the address as it appears on the latest equalized assessment roll of Humboldt County, and upon the occupant of the premises, if any. If neither of these methods results in the notice being served upon the record owner and any occupants after reasonable attempts to serve, a copy of the notice shall be posted on the premises.
(2) 
Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.
(3) 
Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by affidavit of any person over the age of 18 years, which shows service in conformity with this code or other provisions of law applicable to the subject matter concerned.
(Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
Nothing in this chapter shall be deemed to prevent the City from commencement of any available administrative, civil and/or criminal proceeding to abate a nuisance pursuant to all applicable provisions of law as an alternative and/or in addition to any enforcement proceedings set forth in this chapter.
(Formerly 8.10.080; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
The remedies set forth in this chapter include summary and administrative abatement, administrative citations, civil actions, criminal actions and all other remedies provided for by law. All remedies set forth in this chapter and in all City ordinances for the abatement or punishment of any violation thereof are cumulative and may be pursued alternatively or in combination. Provisions of this code are to be supplementary and complementary to all of the City ordinances, the Rio Dell Municipal Code, State law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City to abate any and all nuisances and to enforce its ordinances.
(Formerly 8.10.090; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
When a permit is required to correct a code violation pursuant to a code compliance action, the property owner shall complete the permit, including all inspections, corrections, and work in accordance with a timeline established by the Code Compliance Administrator. In establishing the timeline the Code Compliance Administrator shall provide a time frame, which in his or her judgment is reasonable to expeditiously complete the permit. Failure to strictly adhere to the established time frame shall be deemed a continuing violation subject to the remedies established in this article. Nothing in this chapter shall be construed to relieve the violator from payment of any and all costs incurred by the City in enforcing and/or causing the abatement of any violation of the City of Rio Dell Municipal Code.
(Formerly 8.10.100; Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)