A. 
This chapter applies to the enforcement of a continuing violation of the municipal code which pertains to a building, plumbing, electrical, or other structural or zoning issue that does not create an immediate danger to health or safety. It is intended to provide the person responsible a reasonable period of time to correct or otherwise remedy the violation.
B. 
This chapter provides for administrative remedies, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address a violation of this code. Use of this chapter is at the sole discretion of the city.
(1991 code § 1-8.1; Ord. 782 § 3, 2004)
For purposes of this section:
Administrative order
means an order issued under PHMC § 1.40.080 for failure to comply with an administrative citation.
Compliance order
means an order issued under PHMC § 1.40.030 for a violation of the code.
Director
means the head of any city department which is charged with responsibility for enforcement of a provision of this code, or the enforcement officer as defined in PHMC § 1.35.020.
Hearing officer
means the hearing officer appointed under PHMC § 1.40.050.
(1991 code § 1-8.2; Ord. 782 § 3, 2004)
A. 
Authority to issue compliance order. Whenever the director determines that a violation of a provision of this code within the director's responsibility is occurring or exists, the director may issue a written compliance order to the person responsible for the violation.
B. 
Contents of compliance order. A compliance order issued under this chapter shall contain the following information:
1. 
The date and location of the violation.
2. 
The section of the code violated and a description of the violation.
3. 
The actions required to correct the violation.
4. 
The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved.
5. 
Either a copy of this chapter or an explanation of the consequences of noncompliance with this chapter and a description of the hearing procedure and appeal process.
C. 
Dismissal of order. If the director determines that all violations have been corrected within the time specified in the compliance order, that there was no violation as charged in the compliance order, or that the wrong person was identified as the responsible person, the director shall notify the original recipient in writing.
(1991 code § 1-8.3; Ord. 782 § 3, 2004)
A. 
Notices generally. A notice required by this chapter shall be provided either by personal delivery to the person to be notified or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to the person to be notified at the person's last known business or residence address as it appears in the public records or other records pertaining to the matter.
B. 
Real property. Where real property is involved, written notice shall also be provided to the property owner at the address as shown on the last equalized county assessment roll available on the date the notice is prepared.
C. 
Posting. Where personal service or service by mail upon the property owner is unsuccessful after one week, a copy of the order shall be conspicuously posted at the property which is the subject of the order.
D. 
Failure to receive. The failure of a person to receive a notice required under this chapter shall not affect the validity of any proceedings taken under this chapter.
(1991 code § 1-8.4; Ord. 782 § 3, 2004)
A. 
Hearing set. If full compliance is not achieved within the time specified in the compliance order, the director shall set a hearing before the hearing officer.
B. 
Notice of hearing. The director shall cause a written notice of hearing to be served on the violator, sent to the issuing code enforcement officer, and, where real property is involved, provided to the property owner. The notice of hearing on a compliance order shall contain the date, time and place of the hearing.
C. 
Purpose of hearing – Failure to appear. The purpose of the hearing is to provide an opportunity for the person subject to a compliance order to object to the determination that a violation has occurred, that he or she is responsible, and/or that the violation has continued to exist. The failure of a person subject to a compliance order to appear at the hearing constitutes a failure to exhaust administrative remedies.
(1991 code § 1-8.5; Ord. 782 § 3, 2004)
The city manager shall designate the hearing officer for the administrative remedies hearing. The designated hearing officer shall be an impartial person, such as (1) a city employee from a department which has no involvement in code enforcement, or (2) someone selected randomly from a panel assembled by the city attorney's office, or (3) someone hired from an organization which provides hearing officers, in which case the cost will be shared equally by the city and the person cited.
The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon or affected by the amount of administrative citation fines upheld by the hearing officer.
(1991 code § 1-8.6; Ord. 782 § 3, 2004)
A. 
Conduct of hearing. At the time and place set forth in the notice, the hearing officer shall conduct a hearing on the compliance order issued under PHMC § 1.40.030. The hearing officer shall consider any written or oral evidence regarding the violation and compliance. The hearing officer may continue the hearing from time to time.
B. 
Written determination. Within 10 working days following the conclusion of the hearing, the hearing officer shall make written findings and issue its determination regarding: (1) the existence of the violation; and (2) the failure of the violator or owner to take required corrective action within the required time period. The findings shall be supported by evidence received at the hearing.
C. 
Administrative order. If the hearing officer finds that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the hearing officer shall issue an administrative order. (See PHMC § 1.40.080.)
D. 
No violation. If the hearing officer finds that no violation has occurred, that the violation was corrected within the time period specified in the compliance order, or that the wrong person was identified as responsible, the hearing officer shall issue a written finding of those facts.
(1991 code § 1-8.7; Ord. 782 § 3, 2004)
A. 
Administrative order. If the hearing officer determines that a violation occurred which was not corrected within the time period specified in the compliance order, the hearing officer shall issue an administrative order consistent with PHMC § 1.40.070 imposing any or all of the following:
1. 
An order to correct, including a schedule for correction where appropriate.
2. 
Administrative penalties as provided in PHMC § 1.40.090.A.
3. 
Administrative costs as provided in PHMC § 1.40.090.B.
B. 
Agreement to correct violations. As an alternative to the administrative order, if the person in violation agrees, the city and the person in violation may enter into a written agreement specifying the nature of the violation, the required measures for correction, the schedule for correction, and the amounts and payment schedule for administrative penalties and costs, if any. The agreement must be signed by the person responsible for the violation (generally, the property owner) and the city manager.
(1991 code § 1-8.8; Ord. 782 § 3, 2004)
A. 
Maximum penalty. The hearing officer may impose administrative penalties for the violation of any provision of this code. The maximum amount of the penalty imposed for each code violation, per day, under this chapter is as follows:
1. 
One hundred dollars per day for a first violation;
2. 
Two hundred dollars per day for a second violation of the same ordinance within one year; and
3. 
Five hundred dollars per day for each additional violation of the same ordinance within one year.
B. 
Additional amounts. The hearing officer shall assess administrative costs against the violator when he or she finds that a violation has occurred and that compliance has not been achieved within the time specified in the compliance order. The administrative costs may include all costs incurred by the city in connection with the matter before the hearing officer including, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, costs for all reinspections necessary to enforce the compliance order, and later-incurred collection costs. These include:
1. 
Administrative costs. Based on time spent by code enforcement staff, supervisors and city attorney's office, at the full cost hourly rate of each employee, including salary, benefits and overhead.
2. 
Late payment charges (finance charge). Due at the rate of 1% per month.
3. 
Compliance reinspections. Based on staff time at the full cost hourly rate.
4. 
Collection costs. Actual collection costs.
C. 
Discretion of enforcement officer or hearing officer – Factors in establishing penalty. In determining the amount of the penalty and additional amounts, the hearing officer has the discretion to set the penalty lower than the maximum amount, or to reduce the additional costs, based on any or all of the following factors:
1. 
The duration of the violation;
2. 
The frequency, recurrence and number of violations, related or unrelated, by the same violator;
3. 
The seriousness of the violation;
4. 
The good faith efforts of the violator to come into compliance;
5. 
The economic impact of the fine on the violator;
6. 
The impact of the violation on the community; and
7. 
Such other factors as justice requires.
D. 
Accrual – Due date. An administrative penalty imposed by the hearing officer shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the director or the hearing officer. An administrative penalty assessed by the hearing officer is due by the date specified in the administrative order.
If the violation is not corrected as specified in the hearing officer's administrative compliance order, administrative penalties shall continue to accrue on a daily basis until the violation is corrected.
E. 
Suspension of penalties while permits pending. The hearing officer, in the hearing officer's discretion, may suspend the imposition of applicable penalties for any period of time during which:
1. 
The violator has filed for necessary permits; and
2. 
Such permits are required to achieve compliance; and
3. 
Such permit applications are actively pending before the city, state or other appropriate governmental agency.
F. 
Debt collection. An administrative penalty and additional costs assessed by the hearing officer is a debt owed to the city and, in addition to all other means of enforcement, if the violation is located on real property, may be enforced by means of a lien or special assessment against the real property on which the violation occurred. (See PHMC § 1.40.120.)
(1991 code § 1-8.9; Ord. 782 § 3, 2004)
Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the hearing officer may be enforced as: (1) a personal obligation of the violator; and/or (2) if the violation is in connection with real property, a lien or special assessment upon the real property. The lien or special assessment shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full.
The city may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien or special assessment pursuant to PHMC § 1.40.120.
(1991 code § 1-8.10; Ord. 782 § 3, 2004)
A person aggrieved by an administrative order may obtain review of the administrative order in the superior court by filing with the court a petition for writ of mandate under Code of Civil Procedures section 1094.6.
(1991 code § 1-8.11; Ord. 782 § 3, 2004)
A. 
Lien or special assessment procedure.
1. 
Whenever the amount of an administrative penalty and/or administrative cost imposed by the hearing officer under this chapter in connection with real property has not been satisfied in full within 90 days or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien or special assessment against the real property on which the violation occurred.
2. 
Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law.
3. 
Before recording any such lien or special assessment, the finance director shall prepare and file with the city clerk a report stating the amounts due. The city clerk shall fix a time, date and place for a city council hearing on the report and any protests or objections to it. The finance director shall provide written notice to the property owner not less than 10 days before the hearing. The notice shall be served as provided in PHMC § 1.40.040.
B. 
Hearing.
1. 
A person whose real property may be subject to a lien or special assessment may file a written protest with the city clerk and/or may protest orally at the city council meeting. Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of the protest or objection.
2. 
The city council, after the hearing, shall adopt a resolution confirming, discharging or modifying the amount of the lien or special assessment. The lien or special assessment may carry additional administrative charges as set forth in the council's resolution.
C. 
Recordation.
1. 
Thirty days after the adoption of a resolution by the city council imposing a lien or special assessment, the city clerk shall file it as a judgment lien or special assessment in the office of the county recorder of Contra Costa County, California. The lien or special assessment shall have no effect until recorded with the county recorder. Once recorded, the administrative order shall have the effect and priority of a judgment lien or special assessment governed by Code of Civil Procedures section 697.340 and may be renewed as provided in Code of Civil Procedures sections 683.110 to 683.220, inclusive.
2. 
Once payment in full is received by the city for outstanding penalties and costs, the finance director shall either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record this notice with the office of the county recorder. The notice of satisfaction shall cancel the city's lien or special assessment.
(1991 code § 1-8.12; Ord. 782 § 3, 2004)