City of Yucaipa, CA Chapter 1.12 ENFORCEMENT OF CODE

§ 1.12.010 Definitions.

As used in this code, the following shall have the following meanings.

"Abatement"

means any action the city may take on public or private property and any adjacent property as may be necessary to remove or alleviate a nuisance, including but not limited to demolition, removal, repair, boarding and securing or replacement of property.

"Administrative enforcement order"

means an order issued by an enforcement hearing officer after a hearing requiring a responsible person to correct violations, abate a public nuisance, pay civil penalties and administrative costs or take any other action as authorized or required by this code and applicable state codes. The enforcement order may also include an order authorizing the city to abate a public nuisance or assess a nuisance abatement lien.

"Abatement notice"

means a notice issued by an enforcement officer which requires a responsible person to abate a public nuisance.

"Code enforcement performance bond"

means a bond posted by a responsible person to ensure compliance with the Yucaipa Municipal Code, applicable state codes, a judicial decree or administrative enforcement order.

"Enforcement hearing officer"

means any person appointed by the city manager to preside over administrative enforcement hearings.

"Enforcement official"

means any person authorized to enforce violations of the Yucaipa Municipal Code or applicable state codes.

"Financial institution"

means any person that holds a recorded mortgage or deed of trust on a property.

"Imminent life safety hazard"

means any condition which creates a present and immediate danger to life, property, health or public safety.

"Legal interest"

means any interest that is represented by a document such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument which is recorded with the county recorder.

"Notice and order"

means a document used in abatement and civil penalties actions which provides notice of Yucaipa Municipal Code or applicable state code violations and orders a responsible person to take certain steps to correct the violations.

"Notice of compliance"

means a document sent by an enforcement official representing that a property complies with the requirements listed in a notice of violation and that the responsible person or property owner has paid all fines, penalties and administrative costs of enforcement.

"Notice of violation"

means a written notice prepared by an enforcement official which informs a responsible person of code violations, requires compliance and contains specific information as required by the Yucaipa Municipal Code.

"Nuisance abatement lien"

means a lien recorded to collect outstanding civil penalties and administrative costs imposed as part of a cost recovery, administrative or judicial code enforcement action.

"Person"

means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, business trust, organization or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties.

"Property owner"

means the record owner of real property based on the county assessor's records.

"Public nuisance"

means the maintenance or use of property in the city in a manner that jeopardizes or endangers the health, safety or welfare of persons on the premises or in the surrounding area; or real property that has been the situs for nuisance activity including, but not limited to: disturbing the peace, illegal drug activity, public drunkenness, drinking alcoholic beverages in public, harassment of passers by, illegal gambling, prostitution, sale of stolen goods, acts of violence, public urination or defecation, acts of vandalism, acts of lewd conduct, unreasonable loud noise, loitering or excessive littering; or the maintenance or use of property in the city in a manner that violates, or real property that has been the situs of a violation of, any provision of this code or any other city, state or federal law or regulation.

"Responsible person"

means any person who an enforcement official determines is responsible for creating, causing, maintaining, contributing to, or permitting a public nuisance or a violation of the Yucaipa Municipal Code or applicable state law. The term includes, but is not limited to:

1. The property owner, as shown on the last equalized assessment roll or otherwise identified through public records;

2. A tenant or lessee of the property;

3. Any person with a legal or equitable interest in the property, including mortgagees, lienholders, and trustees;

4. A person in possession of the property, whether lawfully or unlawfully;

5. A property manager or management company with contractual or actual authority over the property;

6. A contractor, subcontractor, or developer performing work on the property;

7. An operator or host of a short-term rental or other transient lodging use;

8. A business operator or franchisee conducting operations on the property;

9. A homeowners' association or similar entity responsible for managing or maintaining common areas of the property;

10. A family member, caretaker, or other occupant who exercises control over the use or condition of the property;

Any person who has assumed responsibility, whether through written agreement, course of conduct, or actual control, for maintaining the property or ensuring compliance with law.

The determination of responsibility may be based on ownership records, leases, contracts, occupancy, business operations, or any other evidence indicating control over the property or the condition giving rise to the violation.

"Written"

includes printed, typewritten, mimeographed, multigraphed, photocopied, facsimile and any other item of writing as listed in California Evidence Code Section 250.

(Ord. 452 § 4, 2024; Ord. 463 § 1, 2025)

§ 1.12.020 Code enforcement authority and powers.

A. Declaration of purpose. The city council finds that the enforcement of the municipal code and applicable state codes throughout the city is an important public service. Code enforcement is vital to protection of the public's health, safety and quality of life. The council recognizes that enforcement depends upon clear and precise regulations that can be effectively applied in administrative enforcement hearings and judicial proceedings. The council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain code compliance. Judicial remedies are traditional remedies to enforce laws by filing criminal and civil actions in a court of law. Administrative remedies are designed to provide fair and efficient methods of enforcing the provisions of the municipal code without the required expense and consumption of time that judicial actions may require. Failure to comply with an administrative code enforcement action may require the city attorney to file a judicial action to compel compliance.

B. General enforcement authority. All city enforcement officials designated in Yucaipa Municipal Code Section 1.12.020 shall have the authority and powers necessary to gain compliance with all provisions of the Yucaipa Municipal Code and applicable state codes for which they are responsible. These powers include the power to issue notices of violation and field citations, inspect public and private property and use whatever judicial and administrative remedies are available under the municipal code or applicable state codes.

C. Authority to issue notice to appear and release.

1. Pursuant to the provisions of Section 836.5 of the Penal Code of the State of California, certain officers and employees of the City of Yucaipa are authorized to issue written notice to appear and release citations for misdemeanors or infraction violations of city ordinances, and applicable state codes, which such officers or employees have the duty to enforce.

2. The following officers and employees of the City of Yucaipa are hereby designated and authorized to issue said citations:

a. Finance department:

i. Finance director and their designee(s).

b. Fire department:

i. Fire chief and their designee(s).

ii. Deputy fire marshal

iii. All sworn personnel.

c. Development services department:

i. Director of development services, and their designee(s).

ii. Deputy director of community development/city planner, and their designees(s).

iii. Senior code enforcement officers and code enforcement officers.

iv. Public works director, and their designee(s).

v. Public works/park rangers.

vi. Building inspectors (including supervising building inspectors, senior building inspectors, and building inspectors).

vii. Building officials (including chief, senior, and deputy building officials).

viii. Planners (including assistant and associate planners).

d. Police department:

i. Police chief and their designee(s).

ii. All sworn personnel.

e. Public safety manager, and their designee(s).

D. Notice of violation. Section 1.12.060 provides the procedure for issuance and recordation of notices of violation where other sections of this code or applicable state codes do not provide an alternative procedure.

E. Authority to inspect. City enforcement officials are authorized to enter upon any property or premises to ascertain whether the provisions of the Yucaipa Municipal Code or applicable state codes are being obeyed, and to make any examinations, inspections and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be conducted in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the enforcement official may seek an administrative inspection warrant pursuant to the applicable procedures provided for in the California Code of Civil Procedure.

F. Power to arrest. City enforcement officials are authorized to arrest without a warrant any person whenever the enforcement official has reasonable cause to believe that the person has committed a violation of the Yucaipa Municipal Code or applicable state codes in his or her presence. Pursuant to Penal Code Section 836.5 the enforcement official can only arrest a person by issuing a misdemeanor field citation or by effecting a citizen's arrest with the assistance of a peace officer.

G. Violation of code.

1. It shall be unlawful for any person to perform any act that is prohibited, made or declared to be unlawful or an offense by this code, or to violate any provision or fail to comply with any of the requirements of this code or for any property owner or occupant to maintain or use property in the city in a manner that constitutes a public nuisance.

2. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this code shall constitute a public nuisance.

3. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this code shall constitute a misdemeanor except when the violation of a provision of this code is specifically declared to be an infraction.

4. Notwithstanding any other provision of this code, any violation constituting a misdemeanor under this code may, in the discretion of the city attorney, be charged and prosecuted as an infraction. Except as otherwise provided, each and every day that any violation of this code shall continue shall constitute a separate offense. The person committing or permitting such offenses may be charged with separate offenses for each such violation and punished accordingly.

5. Abatement of a public nuisance may be accomplished by any of the methods described in this code, including criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, notice of violation, recordation of the notice of violation and withholding of future municipal permits.

6. Each day that a violation of any provision of this code continues shall be deemed a separate and distinct violation. Each responsible person shall be subject to separate enforcement actions, penalties, or fines for each day the violation remains uncorrected.

H. Subpoenas.

1. Purpose. This section is adopted for the purpose and intent of establishing a uniform procedure for issuing subpoenas for the attendance of witnesses, to compel their attendance and testimony, to administer oaths and affirmations, to take evidence, and to issue subpoenas for the production of any papers, books, accounts, records, documents, writings as defined in California Evidence Code Section 250 or other items that may be relevant to any investigation, enforcement action, or prosecution of any matter over which the city council has legislative and/or appropriative authority.

2. Authority. The procedures set forth herein are authorized by California Government Code Section 37104, et seq.

3. Issuance of subpoena. The city council may authorize, through the adoption of a resolution, the city clerk (with the assistance of the city attorney) to prepare and serve subpoenas for any matter that is described within this section. Such resolution shall state the existence of an investigation, enforcement, prosecution or other proceeding within the city council's legislative and/or appropriative authority and findings specifying the purposes of the subpoena and the relevancy of the subpoenaed testimony and materials thereto. The mayor shall sign all subpoenas. The city clerk shall attest to the mayor's signature. Upon such signature and attestation, the subpoena shall be deemed to have been issued by the City Council.

4. Form of subpoena. Subpoenas issued pursuant to this section shall be a form approved by the city attorney.

5. Failure to comply. If any person refuses or fails to comply with a subpoena issued under this section, the mayor may report the noncompliance to the judge of the superior court, in accordance with Government Code Section 37106, and apply for an attachment and/or order to compel that person's full and complete compliance with the subpoena(s). In the event that the court determines that the person is in noncompliance with the subpoena(s) and the person does not obey the order of the court requiring such compliance, the person may be held in contempt, in addition to any other penalties that may be authorized by this code for noncompliance with the subpoena(s) or under any other applicable laws.

(Ord. 452 § 4, 2024)

§ 1.12.030 Notice.

A. Service of notices.

1. Whenever a notice is required to be given under the Yucaipa Municipal Code for enforcement purposes, the notice shall be served by any of the following methods unless different provisions are otherwise specifically stated to apply:

a. Personal service; or

b. Regular mail; or

c. Certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

d. Posting the notice conspicuously on or in front of the property. The form of the posted notice shall be approved by the city manager.

2. Service by certified or regular mail in the manner described above shall be effective on the date of mailing.

3. The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this code.

B. Proof of service of notices. Proof of service of notice may be made by the certificate of any officer or employee of this city or by affidavit of any person over the age of eighteen years. The proof of service shall show that service was done in conformity with this code or other provisions of law applicable to the subject matter concerned.

C. Constructive notice of recorded documents. Whenever a document is recorded with the county recorder as authorized or required by the Yucaipa Municipal Code or applicable state codes, recordation shall provide constructive notice of the information contained in the recorded documents.

(Ord. 452 § 4, 2024)

§ 1.12.040 Judicial Remedies.

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of the Yucaipa Municipal Code.

A. Except as elsewhere stated in this code, any person causing, permitting, aiding, abetting, suffering or concealing a violation of this code shall be guilty of a misdemeanor, and may, in the discretion of the city attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the city or county jail for a period of not more than six (6) months, or by both such fine and imprisonment.

B. Except as elsewhere stated in this code, the city attorney, in his or her sound discretion, may prosecute a violation of this code as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this code shall be punished by a fine not exceeding one hundred dollars ($100) for the first violation, a fine not exceeding two hundred dollars ($200) for a second violation within one year, and a fine not exceeding five hundred dollars ($500) for a third violation within one year. A fourth violation of this code within one year shall be charged as a misdemeanor and may not be reduced to an infraction.

C. Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.

1. Failure to appear or post bail.

a. Any person who fails to appear in court in connection with a citation issued for a criminal violation of any provision of this code or to post bail in connection with that citation shall be guilty of a misdemeanor.

b. Pursuant to and in accordance with the mandatory provisions of California Penal Code Section 853.8 or, alternatively, the mandatory provisions of California Penal Code Section 1427, whenever a person fails to appear in court or to post bail in connection with a citation issued for a criminal violation of any provision of this code, it is the intent of the City Council that a warrant for the arrest of that person shall be issued.

2. Civil violations — Injunctions and civil penalties.

a. In addition to any other remedy provided by this code, any provision of this code may be enforced by injunction issued by the Superior Court upon a suit brought by the City of Yucaipa.

b. As part of a civil action filed to enforce provisions of this code, a court may assess a maximum civil penalty of two thousand five hundred dollars per violation of the municipal code for each day during which any person commits, continues, allows or maintains a violation of any provision of this code.

3. Code enforcement performance bond. As part of any enforcement action taken by the city, the city has the authority to require a responsible person to post a performance bond to ensure compliance with the Yucaipa Municipal Code, applicable state codes or any judicial action.

4. Judicial abatement. Pursuant to California Penal Code Section 372, and California Code of Civil Procedure Section 731 the city attorney has the authority to judicially abate public nuisances by filing criminal or civil nuisance actions in the name of the City of Yucaipa and the People of the State of California.

5. Treble damages for subsequent abatement judgments. Pursuant to California Government Code Section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code Section 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to Section 17980 of the California Health and Safety Code.

(Ord. 452 § 4, 2024)

§ 1.12.050 Administrative remedies.

Sections 1.12.060 through 1.12.100 establish optional administrative enforcement remedies available to the city for violations of the municipal code and applicable state codes. The general remedies issuance and recordation of notices of violation, administrative civil penalties, administrative citations, summary abatement, and administrative abatement. Sections 1.12.110 and 1.12.120 govern the procedures for appeals and hearings relating to these administrative remedies.

A. Declaration of purpose. The city council finds that there is a need for a variety of administrative remedies that do not require the city to file court actions to initiate enforcement of violations of the Yucaipa Municipal Code and applicable state codes. The procedures established by these administrative remedies are in addition to any other legal remedy established by law which may be pursued to address municipal code and applicable state code violations.

B. Authority. Whenever the city, through one of its department heads or enforcement officials, determines that a violation of the Yucaipa Municipal Code or applicable state code exists, the city may pursue any of the administrative remedies outlined in Sections 1.12.060 through 1.12.100 of this code.

(Ord. 452 § 4, 2024)

§ 1.12.060 Issuance and recordation of notices of violation.

This section shall govern the procedures relating to the issuance and recordation of administrative notices of violation.

A. Declaration of purpose. The city council finds that there is a need for alternative methods of enforcement for violations of the municipal code and applicable state codes which are found to exist on real property. The council further finds that an appropriate method of enforcement for these types of violations is the issuance and recordation of notices of violation. The procedures established in this section shall be in addition to criminal, civil or any other remedy established by law which may be pursued to address violations of the Yucaipa Municipal Code or applicable state codes.

B. Procedures for issuance of a notice of violation. Whenever an enforcement official determines that a violation of the Yucaipa Municipal Code or applicable state code pertaining to real property exists, the enforcement official may issue a notice of violation to a responsible person. A notice of violation shall include sufficient information to provide reasonable notice of activities or conditions constituting violation of the municipal code or applicable state code, and actions necessary to correct the violations. The notice of violation shall include the following information:

1. The name of the property's record owner;

2. Street address;

3. The code sections in violation;

4. A description of the property's condition which violates the applicable codes;

5. A list of necessary corrections to bring the property into compliance;

6. A deadline or specific date to correct the violations listed in the notice of violation;

7. Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline including, but not limited to: criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, recordation of the notice of violation and withholding of future municipal permits;

8. A brief description of the procedure to appeal the notice of violation including time limitations.

C. Procedures for recordation.

1. Once an enforcement official has issued a notice of violation to a responsible person and the property remains in violation after the deadline established in the notice of violation, the enforcement official may record a notice of violation with the recorder's office of San Bernardino County.

2. Before recordation, the enforcement official shall provide to the responsible person a letter of intent to record a notice of violation unless a written appeal is filed pursuant to the procedures outlined in this section. The letter shall be served pursuant to any of the methods of service set forth in Section 1.12.030 of this chapter. The enforcement official may also send a courtesy copy of the letter to any financial institution with a legal interest in the real property.

3. If a written appeal is not filed pursuant to the procedures set forth in this section, the enforcement official may record the notice of violation if the violation has not been corrected.

4. The recorded notice of violation shall include the name of the property owner, the property's assessor's parcel number, the parcel's legal description, and a copy of the notice of violation.

D. Service of notice of violation. A copy of the recorded notice of violation shall be served on the responsible person and property owner pursuant to any of the methods of service set forth in Section 1.12.030 of this chapter.

E. Procedures to appeal recordation.

1. An appeal of a letter of intent to record the notice of violation shall follow the procedures set forth in Sections 1.12.110 and 1.12.120 0 of this code.

2. Upon receipt of the written appeal, the enforcement official shall schedule a hearing pursuant to the procedures set forth in Sections 1.12.110 and 1.12.120 of this chapter. The purpose of the hearing is for the responsible person or property owner to show cause why a notice of violation should not be recorded.

3. The failure of any person to file an appeal in accordance with these provisions shall constitute a waiver of the right to an administrative appeal hearing and shall not affect the validity of the recorded notice of violation.

F. Appeal hearing.

1. The appeal shall follow the hearing procedures as set forth in Sections 1.12.110 and 1.12.120 of this chapter.

2. At the appeal hearing, the hearing officer shall only consider evidence that is consistent with the applicable rules and procedures for administrative enforcement hearings and that is relevant to the following issues:

a. Whether the conditions listed in the notice of violation violate the Yucaipa Municipal Code or applicable state codes; and

b. Whether the enforcement official afforded the responsible person with due process by adhering to the notification procedures specified in this code.

3. If the hearing officer affirms the enforcement official's decision, the enforcement official may proceed to record the notice of violation.

4. If the hearing officer determines that recordation is improper, the hearing officer shall reverse the enforcement official's decision to record the notice of violation.

G. Notice of compliance — Procedures.

1. After a notice of violation has been recorded, and after the violations listed on the notice of violation have been corrected, the responsible person or property owner may file with the enforcement official a written request for a reinspection of the property to determine compliance with the municipal code and applicable state codes listed in the recorded notice of violation, and for the issuance of a notice of compliance on a form provided by the city.

2. Once the enforcement official receives this request, the enforcement official shall reinspect the property to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed.

3. The enforcement official shall serve a notice of compliance to the responsible person or property owner in the manner provided in Section 1.12.030 of this chapter only if the enforcement official determines that:

a. All violations listed in the recorded notice of violation have been corrected; and

b. All necessary permits have been issued and finalized; and

c. All civil penalties and any fines have been paid; and

d. The party requesting the notice of compliance has paid an administrative fee to reimburse the city for all administrative costs. Administrative fees may include costs incurred in the investigation, inspection, reinspection, title search, appeal hearing and any other processing costs associated with the violations specified on the notice of violation.

4. If the enforcement official denies a request to issue a notice of compliance, the enforcement official shall serve the responsible person or property owner with a written explanation setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service listed in Section 1.12.030 of this chapter.

5. The enforcement official's decision denying a request to issue a notice of compliance shall be final and non-appealable.

H. Prohibition against issuance of municipal permits. Subject to the exception set forth herein or as otherwise provided by state law, the City of Yucaipa shall withhold permits for any alteration, repair or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of the real property or the structure: (i) if a request to appeal the recordation of a notice of violation has not been timely filed; or (ii) after a hearing officer on appeal affirms the enforcement official's decision to record a notice of violation. The city may thereafter withhold permits until a notice of compliance has been issued by the enforcement official. 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.

I. Cancellation of recorded notice of violation. The enforcement official, property owner or responsible person shall record the notice of compliance with the county recorder's office. The recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation.

(Ord. 452 § 4, 2024)

§ 1.12.070 Administrative civil penalties; purpose; authority.

This section governs the administrative assessment of civil penalties for violations of the Yucaipa Municipal Code and applicable state codes.

A. The city council finds that there is a need for alternative methods of enforcement of the Yucaipa Municipal Code and applicable state codes. The city council further finds that the assessment of civil penalties through an administrative hearing procedure for code violations is a necessary alternative method of code enforcement. The administrative assessment of civil penalties established in this section is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of the Yucaipa Municipal Code or applicable state codes.

B. Any person violating any provision of the Yucaipa Municipal Code or applicable state code may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in this section.

C. Each and every day a violation of any provision of the Yucaipa Municipal Code or applicable state code exists constitutes a separate and distinct violation.

D. Civil penalties may be directly assessed by means of a notice and order issued by the enforcement official or affirmed by an enforcement hearing officer. Civil penalties may be recovered as authorized by section 1.12.130 or subsequent legal action brought by the city attorney.

E. Civil penalties for violations of any provision of the Yucaipa Municipal Code or applicable state codes shall be assessed at a daily rate determined by the enforcement official or enforcement hearing officer pursuant to the criteria listed in this section. The maximum rate shall be $2,500.00 per violation.

F. Procedures — Notice and order. Whenever an enforcement official determines that a violation of one or more provisions of the Yucaipa Municipal Code or applicable state code has occurred or continues to exist, a written civil penalty notice, and order may be issued to the responsible person.

1. The notice and order shall refer to each code section violated and describe how each section is or has been violated.

2. The notice and order shall refer to the dates and locations of the violations.

3. The notice and order shall describe all remedial action required to permanently correct outstanding violations and establish a time frame for completion.

4. The notice and order shall establish a daily amount of civil penalties. The enforcement official shall determine the daily amount of civil penalties pursuant to the criteria in section 1.12.070B.

5. The notice and order shall identify a date when the civil penalties began to accrue and a date when the assessment of civil penalties will end, unless the violation is continuous. In the case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the notice and order until the violations are corrected.

6. If an enforcement official determines that the violations are continuing, the notice and order shall demand that the responsible person cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate city departments.

7. The notice and order shall enumerate any other consequences should the responsible person fail to comply with the terms and deadlines, as prescribed in the notice and order.

8. The notice and order shall identify appropriate hearing procedures.

9. The notice and order shall be served upon the responsible person by any one of the methods of service listed in section 1.12.030.

10. The notice and order shall identify the factors used by an enforcement official in determining the duration and the daily amount of civil penalties.

11. More than one notice and order may be issued against the same responsible person if it encompasses either different dates or different violations.

G. Determination of civil penalties.

1. In determining the date when civil penalties start to accrue, an enforcement official may consider the date when the enforcing department first discovered the violations as evidenced by the issuance of a notice of violation or any other written correspondence advising the responsible person of the existence of a violation.

2. The assessment of civil penalties shall end when all action required by the notice and order has been completed.

3. In determining the amount of the civil penalty to be assessed on a daily rate, an enforcement official may consider some or all of the following factors:

a. The duration of the violation.

b. The frequency or recurrence of the violation.

c. The seriousness of the violation.

d. The history of the violation.

e. The responsible person's conduct after issuance of the notice and order.

f. The good faith effort by the responsible person to comply.

g. The economic impact of the penalty on the responsible person.

h. The impact of the violation upon the community.

i. Any other factors that justice may require.

4. The city manager has the authority to establish a penalty schedule for an enforcement official to use as a guideline in determining the amount of civil penalties depending on the nature of the case. The city manager shall also establish procedures for the use of this penalty schedule.

H. Administrative costs. An enforcement official or enforcement hearing officer is authorized to assess any reasonable administrative costs. Administrative costs may include the costs of scheduling and processing the hearing and all subsequent actions.

I. Appeal of administrative civil penalty. An appeal of an administrative civil penalty shall follow the procedures set forth in sections 1.12.110 and 1.12.120.

J. Failure to comply with enforcement official's notice and order. An enforcement official shall request an enforcement hearing officer to establish a date, time and place for the civil penalties hearing in accordance with sections 1.12.110 and 1.12.120 when the responsible person fails to comply with the terms of the notice and order. Failure to comply includes failure to pay the assessed civil penalties, failure to commence and complete corrections by the established deadlines or failure to refrain from continuing violations of the Yucaipa Municipal Code or applicable state codes.

K. Civil penalties hearing.

1. The procedures for the civil penalties hearing are the same as the hearing procedures set forth in Sections 1.12.110 and 1.12.120.

2. The enforcement hearing officer shall only consider evidence that is relevant to the following issues:

a. Whether the responsible person has caused or maintained a violation of the Yucaipa Municipal Code or applicable state code that existed on the dates specified in the notice and order; and

b. Whether the amount of civil penalties assessed by the enforcement official pursuant to the procedures and criteria outlined in section 1.12.070B was reasonable.

L. Administrative enforcement order.

1. Once all evidence and testimony are completed, the enforcement hearing officer shall issue an administrative enforcement order which affirms or rejects the enforcement official's notice and order or which modifies the daily rate or duration of the civil penalties. The enforcement hearing officer may increase or decrease the total amount of civil penalties and costs that are assessed by the enforcement official's notice and order.

2. The enforcement hearing officer may issue an administrative enforcement order that requires the responsible person to cease from violating the Yucaipa Municipal Code or applicable state codes and to make necessary corrections.

3. As part of the administrative enforcement order, the enforcement hearing officer may establish specific deadlines for the payment of civil penalties and costs and condition the total or partial assessment of civil penalties on the responsible person's ability to complete compliance by specified deadlines.

4. The enforcement hearing officer may issue an administrative enforcement order which imposes additional civil penalties that will continue to be assessed until the responsible person complies with the hearing officer's decision and corrects the violation.

5. The enforcement hearing officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative enforcement order.

M. Failure to comply with the administrative enforcement order.

1. Upon the failure of the responsible person to comply with the terms and deadlines set forth in the administrative enforcement order, the enforcement official may use all appropriate legal means to recover the civil penalties, administrative costs and obtain compliance with the administrative enforcement order.

2. After the enforcement hearing officer issues an administrative enforcement order, the enforcement official shall monitor the violations and determine compliance.

N. Allocation of administrative civil penalties. Administrative civil penalties collected pursuant to this section shall be deposited in general fund.

(Ord. 452 § 4, 2024)

§ 1.12.080 Administrative citations.

A. Declaration of purpose. The city council finds that there is a need for an alternative method of enforcement for violations of the Yucaipa Municipal Code and applicable state codes. The city council further finds that an appropriate method of enforcement for violations is an administrative citation program as authorized by California Government Code Section 53069.4. The procedures established in this section shall be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the Yucaipa Municipal Code or applicable state codes.

B. Authority.

1. Any person violating any provision of the Yucaipa Municipal Code or applicable state code may be issued an administrative citation by an enforcement official as provided in this section.

2. Each and every day a violation of the Yucaipa Municipal Code or applicable state code exists constitutes a separate and distinct offense for which an administrative citation may issue.

3. An administrative fine shall be assessed by means of an administrative citation issued by the enforcement official and shall be payable directly to the city.

4. Administrative fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this section.

5. The administrative citation process set forth in this section does not apply to continuing violations of this code that pertain to building, plumbing, electrical, or other similar structural or zoning issues, unless a reasonable opportunity to correct or otherwise remedy the violation is first given to the violator. Ten days shall be deemed to be a reasonable period in the case of most such continuing violations; however, a longer period, in no case to exceed thirty days, shall be allowed at the discretion of the enforcement official. Nothing in this section shall prevent the city from utilizing the administrative citation process for building, plumbing, electrical, or other similar structural or zoning violations which are transient and noncontinuing in nature or create an immediate danger to health or safety.

C. Procedures.

1. Upon discovering any violation of the Yucaipa Municipal Code or applicable state codes, an enforcement official may issue an administrative citation to a responsible person in the manner prescribed in this section. The administrative citation shall be issued on a form approved by the city manager.

2. In the case of a business, the enforcement official shall attempt to locate the business owner and issue the business owner an administrative citation. If the enforcement official can only locate the manager of the business or the person in apparent charge of the business, the administrative citation may be issued to such person, who may sign or receive the administrative citation as agent for the responsible person or owner of the business. A copy of the administrative citation shall also be served on the business owner or responsible person in the manner prescribed by section 1.12.030.

3. Once the responsible person is located, the enforcement official shall attempt to obtain the signature of that person on the administrative citation. If the responsible person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings.

4. If the enforcement official is unable to locate the responsible person for the violation, then the administrative citation shall be mailed to the responsible person or posted on the property in the manner prescribed in section 1.12.030.

5. The administrative citation shall contain the signature of the enforcement official.

6. Provided that an administrative citation is properly issued to a responsible person, the failure of any person with an interest in the property to receive notice shall not affect the validity of any proceedings taken under this section.

D. Contents of notice of administrative citation.

1. The administrative citation shall refer to the date and location of the violations and the approximate time the violations were observed.

2. The administrative citation shall refer to the code sections violated and describe how the sections are violated.

3. The administrative citation shall describe the action required to correct the violations.

4. The administrative citation shall require the responsible person to immediately correct the violations and shall explain the consequences of failure to correct the violations.

5. The administrative citation shall state the amount of penalty imposed for the violations.

6. The administrative citation shall explain how the penalty shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the penalty.

7. The administrative citation shall provide notice of the right to appeal.

8. The citation shall contain the signature of the enforcement official and the signature of the responsible person if that person can be located.

E. Appeal of administrative citation. An appeal of an administrative citation shall follow the procedures in sections 1.12.110 and 1.12.120.

F. Administrative enforcement order. The appeal hearing shall follow the enforcement hearing procedures set forth in sections 1.12.110 and 1.12.120. As part of the administrative enforcement order made pursuant to an administrative enforcement appeal, the enforcement hearing officer may reduce, waive or conditionally reduce the penalties or late fees assessed by the citation. The enforcement hearing officer may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties. The enforcement hearing officer may assess reasonable administrative costs.

G. Penalties assessed.

1. If the responsible person fails to correct the violation, subsequent administrative citations may be issued for the same violation. The amount of the penalty shall increase at a rate specified in this section.

2. The penalties assessed for each administrative citation issued for the same violation shall not exceed the following amounts:

a. First violation: $100.00;

b. Second violation within a one-year period: $200.00;

c. Third or subsequent violation within a one-year period: $500.00.

d. Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.

e. All penalties assessed shall be payable to the city finance department.

H. Failure to pay penalties. The failure of any person to pay the administrative fines assessed by an administrative citation within the time specified on the citation may result in the enforcement official referring the matter to the city finance director to file a claim with the small claims court. Alternatively, the enforcement official may pursue any other legal remedy to collect the administrative fines.

I. Allocation of administrative fines. Administrative fines collected pursuant to this section shall be deposited in the general fund.

(Ord. 452 § 4, 2024)

§ 1.12.090 Summary abatement.

This section governs the procedures relating to summary abatement of public nuisances.

A. Declaration of purpose. The city council finds that its purpose in adopting this section and Section 1.12.100 is to establish a procedure for the summary abatement of public nuisances and code violations. The procedures established herein are in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address Yucaipa Municipal Code or applicable state code violations.

B. Authority. Whenever an enforcement official determines that an imminent life safety hazard exists that requires immediate correction or elimination, the enforcement official may exercise the following powers without prior notice to the responsible person:

1. Order the immediate vacation of any occupants and prohibit occupancy until all repairs are completed. Violation of the enforcement official's order of immediate vacation and prohibition of occupancy shall constitute a misdemeanor;

2. Post the premises as unsafe, substandard or dangerous;

3. Board, fence or secure the building or site;

4. Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public;

5. Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; and

6. Take any other action as appropriate under the circumstances.

C. Procedures.

1. An enforcement official shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard. Costs incurred by the city during the summary abatement process shall be assessed and recovered against the responsible person or property owner through the procedures outlined in section 1.12.100D.

2. The enforcement official may also pursue any administrative or judicial remedy to abate any remaining public nuisance.

(Ord. 452 § 4, 2024)

§ 1.12.100 Administrative abatement.

A. Declaration of purpose. The city council finds that its purpose in adopting this section and Section 1.12.090 is to establish a procedure for the abatement of public nuisances and code violations. The procedures established in these sections are in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address Yucaipa Municipal Code or applicable state code violations.

B. Authority. Any condition caused, maintained or permitted to exist in violation of any provisions of the Yucaipa Municipal Code or applicable state codes which constitutes a public nuisance but which does not constitute an imminent life safety hazard may be abated by the city pursuant to the procedures set forth in this section.

C. General procedures and appeals.

1. Abatement notice.

a. Whenever an enforcement official determines that public or private property or any portion of public or private property is a public nuisance as generally defined in section 1.12.010 or as declared in a specific section of the Yucaipa Municipal Code or applicable state codes, an abatement notice may be issued to the responsible person or property owner to abate the public nuisance.

b. The abatement notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to the Yucaipa Municipal Code or applicable state code violations which render the property a public nuisance.

c. The abatement notice shall describe the action required to abate the public nuisance which may include corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or other appropriate action and shall establish deadlines by which each action must occur.

d. The abatement notice shall explain the consequences should the responsible person fail to comply with the terms of the notice.

e. The abatement notice shall identify all applicable hearing and appeal rights.

2. Service of abatement notice. The abatement notice shall be served by any one of the methods of service listed in section 1.12.030.

3. The enforcement official shall establish a reasonable time frame for compliance based on the nature and severity of the nuisance. The time frame shall normally be ten days for a nuisance that does not involve an imminent threat to public health and safety.

4. Right to appeal.

a. The responsible person may appeal the abatement notice within ten calendar days from the date of service of the abatement notice by filing a written request to appeal to an enforcement official.

b. Upon receiving a written request to appeal an abatement notice, an enforcement official shall follow the procedures set forth in sections 1.12.110 and 1.12.120 and request the enforcement hearing officer to schedule a hearing to hear any objections why the abatement should not be ordered and effected.

c. Abatement shall not proceed until the enforcement hearing officer issues an order after an appeal by the responsible person or an appeal has not been timely filed, unless the enforcement hearing officer concludes that an imminent threat to the public's health and safety exists.

d. If the enforcement hearing officer issues an order confirming the existence of a public nuisance, the city may immediately abate the public nuisance pursuant to the procedures set forth in section 1.12.100D of this section. The hearing officer's decision is the final administrative decision and shall become effective upon the date of issuance by the enforcement hearing officer.

D. Abatement of a public nuisance by the city.

1. Once an enforcement official follows the procedures set forth in Section 1.12.100C of this section and obtains authorization to abate a public nuisance, the public nuisance may be abated by city personnel or by a private contractor.

2. City personnel or a private contractor can enter upon private property in a reasonable manner to abate the public nuisance as specified in the abatement notice or abatement order. Interference with the city's abatement of the public nuisance by a property owner or responsible person shall constitute a misdemeanor.

3. When abatement is completed, a report describing the work performed and an itemized account of the total abatement costs shall be prepared by the enforcement official. The report shall contain the names and addresses of the responsible persons or property owners of each parcel, the tax assessor's parcel number and a legal description of the property.

4. The enforcement official shall request the hearing officer to schedule a confirmation of costs hearing, unless waived in writing by all responsible persons.

5. All administrative and actual costs incurred by the city in abating the public nuisance may be assessed and recovered against the responsible person.

(Ord. 452 § 4, 2024)

§ 1.12.110 Administrative enforcement appeals.

A. Appeal procedures.

1. A person served with one of the following documents, orders or notices may file an appeal within ten calendar days from the date of service:

a. Any administrative abatement or civil penalties notice and order;

b. An administrative citation;

c. A letter from an enforcement official indicating an intent to record a notice of violation.

2. The appeal shall be made in writing and filed with the city clerk.

3. The appeal shall be accompanied by an appeal fee in an amount established by resolution of the city council.

4. The receipt of a written appeal shall stay all actions, or put in abeyance all approvals or permits which may have been granted, pending the effective date of the decision of the body hearing the appeal. Upon the filing of a proper appeal fines shall cease to be imposed unless such cessation would result in the continuation of a life, health, or safety risk.

5. After receiving the written notice of appeal, the enforcement official shall request an administrative enforcement hearing officer to schedule a date, time, and place for the hearing.

6. Written notice of the date, time and place of the hearing shall be served at least ten calendar days prior to the date of the hearing on the person appealing the notice by any one of the methods listed in section 1.12.030.

B. Appeal hearing. The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedures set forth in section 1.12.120.

C. Failure to attend an administrative enforcement hearing. Failure to attend the administrative enforcement hearing by the appellant shall constitute a waiver of his or her rights to an administrative enforcement hearing and administrative adjudication of the notice or any portion of the notice.

(Ord. 452 § 4, 2024)

§ 1.12.120 Administrative enforcement hearing procedures.

A. Declaration of purpose.

1. This section establishes the procedures for conducting administrative enforcement hearings.

2. The city council finds that there is a need to establish a uniform procedure for administrative enforcement hearings conducted pursuant to the Yucaipa Municipal Code. It is the purpose and intent of the city council to afford due process of law to any person who is directly affected by an administrative action. Due process of law includes: adequate notice, an opportunity to participate in the administrative hearing and an adequate explanation of the reasons justifying the administrative action. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised in any administrative enforcement action.

3. The city manager is authorized to develop and implement policies and procedures relating to the qualifications, appointment and compensation of hearing officers, hearing officer powers, hearing procedures, scope of the hearing, and other matters relating to administrative enforcement hearings. The city manager shall promulgate rules and procedures as are necessary to establish a list of qualified persons who are capable of acting on behalf of the city as hearing officers. The hearing officers shall be appointed by resolution of the city council.

B. Procedures for notification of enforcement hearing.

1. Where an administrative enforcement remedy or proceeding authorized by this title provides for an enforcement hearing, the enforcement official may request a hearing officer to schedule a day, time and place for the hearing.

2. Written notice of the time and place of the hearing shall be served at least ten calendar days prior to the date of the hearing to the responsible person or property owner.

3. The format and contents of the hearing notice shall be in accordance with rules and policies promulgated by the city manager.

4. The notice of hearing shall be served by any of the methods of service listed in Section 1.12.030.

C. Disqualification of enforcement hearing officer. Any person designated to serve as an enforcement hearing officer is subject to disqualification for bias, prejudice, conflict of interest, or for any other reason for which a judge may be disqualified in a court of law.

D. Powers of enforcement hearing officer.

1. The enforcement hearing officer may continue a hearing based on good cause shown by one of the parties to the hearing or if the hearing officer independently determines that due process has not been adequately afforded.

2. The enforcement hearing officer shall retain jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance, ensuring compliance with an administrative enforcement order, modifying an administrative enforcement order, or where extraordinary circumstances exist, granting a new hearing.

3. The enforcement hearing officer has the authority to require a responsible person to post a code enforcement performance bond to ensure compliance with an administrative enforcement order. Procedures for the use of a code enforcement performance bond shall be promulgated by the city manager.

E. Procedures at administrative enforcement hearing.

1. Administrative enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall be promulgated by the city manager.

2. The city bears the burden of proof at an administrative enforcement hearing or a nuisance abatement hearing to establish the existence of a violation of the Yucaipa Municipal Code or applicable state code, or to establish the existence of a public nuisance.

3. The standard of proof to be used by the enforcement hearing officer in deciding the issues at an administrative hearing is a preponderance of the evidence standard.

4. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case.

F. Failure to attend administrative enforcement hearing. Any party whose property or actions are the subject of an administrative enforcement hearing and who fails to appear at the hearing is deemed to waive the right to a hearing and to an adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided.

G. Administrative enforcement order.

1. The decision of the enforcement hearing officer shall be made within 10 days of the hearing, entitled "Administrative Enforcement Order" and be issued in accordance with the rules and procedures promulgated by the city manager.

2. He administrative enforcement order shall be served on all parties by any one of the methods listed in Section 1.12.030 of this code.

3. The administrative enforcement order shall become final on the date of service of the order.

H. Judicial review. Judicial review of an administrative enforcement order may be sought pursuant to a writ of administrative mandamus. Once an administrative enforcement order becomes final as provided in this section, the time in which judicial review of the order must be sought shall be governed by California Code of Civil Procedure Section 1094.6 except as otherwise specifically provided elsewhere in this code.

I. Failure to comply with administrative enforcement order. It is unlawful for a party to an administrative enforcement hearing who has been served with a copy of the final administrative enforcement order to fail to comply with the order. Failure to comply with a final administrative enforcement order may be prosecuted as an infraction or a misdemeanor.

(Ord. 452 § 4, 2024)

§ 1.12.130 Recovery of civil penalties, administrative costs and abatement costs.

A. Declaration of purpose. The city council finds that, in addition to the filing of civil collection actions by the city attorney, the use of nuisance abatement liens collected as personal obligations against property owners and the use of special assessments on real property will assist in the collection of civil penalties, abatement costs, administrative costs, reinspection fees and late fees assessed pursuant to administrative citations, administrative hearings, judicial orders and other appropriate code enforcement actions. The city council further finds that collection of civil penalties, costs and fees assessed for code enforcement violations is important in deterring future violations and maintaining the integrity of the city's code enforcement system. The city has the authority to make the expense of enforcement actions and abatement of any nuisance a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with California Government Code Section 38773.1; or, in the alternative, the city has the authority to make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel, in accordance with California Government Code Section 38773.5. The procedures established in this section shall be used to complement existing administrative or judicial remedies which may be pursued to address violations of the Yucaipa Municipal Code or applicable state codes.

B. Procedures for recovering costs. This section governs the procedures for recovery of all administrative and actual costs incurred by the city in the recovery of civil penalties, in the abatement of a public nuisance, and for recordation and recovery of costs of enforcing nuisance abatement liens pursuant to the procedures and authority found in the California Government Code. The provisions of Government Code Sections 38771 through 38773.5 and any amendments to those sections are hereby incorporated by reference and made a part of this section.

C. Recovery of civil penalties. The enforcement official may collect all civil penalties and related administrative costs by the use of all appropriate legal means, including referral to the finance director or city attorney.

D. Authority to impose lien/special assessment. Whenever the amount of any nuisance abatement charge, administrative penalty, administrative cost, or other debt incurred by the city in connection with real property has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien or, in the alternative, a special assessment against the real property on which the violation occurred.

E. Recovery as a lien on property.

1. In addition to constituting a personal financial obligation of the person or persons responsible therefor, any nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the city in connection with real property may be recovered by recordation of a lien against the subject real property.

2. Upon determination by the city manager or his designee that the nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the city has not been satisfied in full within ninety days of the date it was imposed, the city manager or his designee shall recommend that the city council adopt a resolution confirming imposition of the debt and approving the filing of a lien against the subject real property. Before taking these actions, however, the city manager or his designee shall wait until any timely filed writ of mandate challenging the penalty/cost/charge/debt is disposed of by a court of law.

3. The resolution shall state the amounts due and owing, the name of the agency imposing the lien (city of Yucaipa), the date of the order or other notice describing the property violation or nuisance in question, the street address and assessor's parcel number of the subject property, and the name and address of the recorded owner of the property.

4. A copy of the resolution shall be served on the property owner, along with notice to the property owner that a lien in the amounts stated in the resolution will be filed against the subject property in the San Bernardino County recorder's office.

5. The notice set forth in subsection D shall be served in the same manner as a summons in a civil action in accordance with the Code of Civil Procedure Section 415.10 et seq. If the owner of record cannot be found after diligent search, then the notice shall be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in San Bernardino County.

6. Following proper notice to the owner of record as provided in subsection E, the resolution and notice shall be recorded as a lien with the county recorder. Once recorded, the resolution and notice shall have the force and effect and priority of a judgment lien governed by the provisions of Code of Civil Procedure Section 697.340 and may be extended as provided in Code of Civil Procedure Sections 683.110 to 683.220, inclusive.

7. The interest rate set for money judgments in Code of Civil Procedure Section 685.010 shall accrue on the principal amount of the lien until satisfied pursuant to law.

8. A lien pursuant to this section may be foreclosed by an action brought by the city for a money judgment.

F. Recovery of costs by special assessment.

1. As an alternative to the procedure above in this section, there is hereby established a procedure for making any nuisance abatement charge, administrative penalty, administrative cost or other debt imposed by the city in connection with real property a special assessment against the subject real property.

2. Upon determination by the city manager or his designee that the nuisance abatement charge, administrative penalty, administrative cost, or other debt incurred by the city has not been satisfied in full within ninety days of the date it was imposed and/or has not been successfully challenged by a timely writ of mandate, the city manager or his designee shall recommend that the city council adopt a resolution confirming imposition of the debt and approving the filing of a special assessment against the subject real property. Before taking these actions, however, the city manager or his designee shall wait until any timely filed writ of mandate challenging the penalty/cost/charge/debt is disposed of by a court of law.

3. The resolution shall state the amounts due and owing, the name of the agency imposing the special assessment (City of Yucaipa), the date of the order or other notice describing the property violation or nuisance in question, the street address and assessor's parcel number of the subject property, and the name and address of the recorded owner of the property.

4. A copy of the resolution shall be served on the property owner, along with notice that the property may be sold after five years by the tax collector for unpaid delinquent assessments. If the owner of record cannot be found after diligent search, then the notice shall be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in San Bernardino County. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.

5. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the assessment shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

6. The interest rate set for money judgments in Code of Civil Procedure Section 685.010 shall accrue on the principal amount of the lien until satisfied pursuant to law.

7. The city may, subject to the requirements applicable to the sale of property pursuant to Revenue and Taxation Code Section 3691, conduct a sale of vacant residential developed property for which the payment of the assessment is delinquent.

8. The resolution adopted by the city council under this section shall be entitled to recordation.

G. Repayment to code enforcement civil penalties fund. All monies recovered by payment of the charge or assessment or from the sale or transfer of the property shall be remitted to the city finance director who shall credit the appropriate amount to the code enforcement civil penalties fund provided for in 16, or alternatively use the monies to reimburse the department responsible for the subject code enforcement action where appropriate.

H. Satisfaction of lien/special assessment. Once payment in full is received by the city for the outstanding debt, the finance director or his designee shall:

1. With respect to a lien, 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 county recorder. Such notice of satisfaction shall cancel the city's lien; and

2. With respect to a special assessment, provide written notice to the tax collector that the special assessment amount has been paid in full and should no longer be imposed against the subject property. Such written notice shall cancel the city's special assessment.

(Ord. 452 § 4, 2024)

§ 1.12.140 Attorneys' fees and costs.

A. Declaration of purpose. The city council hereby finds that there is a need to recover costs and fees incurred by the city to abate public nuisances. The city council further finds that the recovery of attorneys' fees in nuisance abatement actions and proceedings will further the strong public policy of encouraging the abatement of public nuisances in the city, will facilitate the city's efforts to maintain effective and efficient nuisance abatement programs within the city and will, accordingly, serve as an effective deterrent to the maintenance of public nuisances.

B. Recovery of costs. Pursuant to California Government Code Section 38773.5, or its successor statutes, in any action, administrative proceeding or special proceeding to abate a public nuisance wherein the city elects at the initiation of the action or proceeding to seek recovery of its attorneys' fees, the prevailing party shall be entitled to recover the amount of its reasonable attorneys' fees incurred in the action or proceeding.

(Ord. 452 § 4, 2024)

§ 1.12.150 Code compliance cost recovery.

A. Code compliance costs. This section governs the general procedures for recovering code compliance costs incurred by the city unless other provisions of this code establish another specific procedure for a particular type of code compliance cost recovery.

B. Declaration of purpose. The city council finds there is a need to recover costs, including legal costs, incurred by enforcement officials and other city personnel, who spend considerable time and resources in an effort to ensure that compliance with the Yucaipa Municipal Code or applicable state codes has been obtained.

C. Authorization. Whenever an enforcement official determines a property to be in violation of provisions of the Yucaipa Municipal Code or applicable state codes and those violations have been listed in a notice of violation, the enforcement official shall assess code compliance costs against the responsible person or property owner.

D. Assessment of code compliance costs. A code compliance cost fee schedule shall be established and revised as necessary by the city council to reflect current actual costs. The fee schedule shall be filed in, and available for public review at, the city clerk's office.

E. Notice of assessment of code compliance costs.

1. Where the assessment of code compliance costs is authorized under this section, the appropriate city enforcement official shall provide the responsible person with a written notice of the amount of costs assessed. The written notice shall contain the following information:

a. An itemized list of the amounts charged;

b. The corresponding dates when code compliance costs were incurred;

c. A deadline by which the costs must be paid; and

d. Notice that additional fees may be charged for late payment.

2. Service of notice of the code compliance cost assessment shall be provided to the responsible person or property owner by any of the means outlined in section 1.12.030.

3. Code compliance costs may be assessed as part of any judicial or administrative enforcement action as provided for in this section.

4. The failure of any responsible person or property owner to receive notice of the code compliance cost assessment shall not affect the validity of any costs imposed under this section.

F. Failure to pay code compliance costs. The failure of any person to pay code compliance cost assessment by the deadline specified in the written notice shall result in the assessment of an additional late fee. The amount of the late fee shall be established by the city council.

G. Collection of code compliance costs. The enforcement official shall collect the assessed code compliance costs and late fees by the use of all appropriate legal means, including but not limited to referral to the city finance department or city attorney for collection or by lien or special assessment pursuant to section 1.12.130.

H. Payment to code enforcement civil penalties and cost recovery fund. All code compliance costs and late fees recovered shall be deposited into the general fund.

(Ord. 452 § 4, 2024)

§ 1.12.160 (Reserved)

§ 1.12.170 Private nuisance abatement.

A. Private nuisance. No person on private property shall engage in any activity or create any condition which unreasonably disturbs, or would tend to unreasonably disturb, a person of reasonable sensibilities on private property in the same vicinity, or which is so harsh, prolonged, unnatural or unusual in use, time or place as to cause physical discomfort to such person on private property in the same vicinity, if the disturbing activity or condition can be eliminated or ameliorated with reasonable accommodation on the part of the disturbing party. As used in this section, an unreasonably disturbing activity or condition shall include the emission of harsh, prolonged or unusual lighting from privately owned property, the emission of unreasonably loud, prolonged or unusual noise from privately owned property, or the emission of noxious, foul or nauseating odors, vapors, smoke or fumes from privately owned property.

B. Private nuisance abatement.

1. Subject to the requirement of subsection B, any person who is unreasonably disturbed, or whose property is damaged, by private nuisance activity or a private nuisance condition existing on private property as defined in Section 1.12.170 may bring a private nuisance cause of action for damages and/or injunctive relief to abate that private nuisance.

2. Any person who intends to institute a private nuisance lawsuit pursuant to subsection A shall first attempt to informally resolve the dispute with the person or persons allegedly responsible for the nuisance including, if agreed to by the person allegedly responsible for the nuisance, submitting the dispute to mediation. If mediation is not successful or if the person allegedly responsible for the nuisance does not agree to mediation, a private nuisance lawsuit pursuant to subsection A may be initiated.

(Ord. 452 § 4, 2024)