Chapter 1.20 — MUNICIPAL CODE VIOLATIONS

Sections:

1.20.010 General Enforcement Provisions

1.20.020 General Enforcement Procedures

1.20.030 Special Enforcement Procedures

1.20.040 Criminal Enforcement Procedures

1.20.050 Civil Enforcement Procedures

1.20.060 Administrative Enforcement Procedures

1.20.070 Summary Enforcement Procedures

1.20.080 [Repealed]

1.20.090 License and Permit Revocation Procedures

A. Enforcement of Code. The City Council hereby declares that violations of the Code are harmful, injurious and threatening to the public health, safety and welfare. Therefore, it is the intent of the City Council that the provisions of the Code shall be enforced as provided in this Chapter or as may otherwise be provided under the Code or under the laws of the State of California.

It is the intent of the City Council to use all administrative, criminal and civil procedures legally available to enforce the provisions

and requirements of this Code, to correct Code violations and to abate public nuisances arising from violations of the Code.

B. Definitions. Unless otherwise specially defined in this Section, all words, terms and phrases used in this Chapter shall have the meaning ascribed to them in Section 1.10.010 this Chapter or, if not defined therein, as otherwise may be defined in the Code. If no special definition is provided in the Code, then such words, terms and phrases shall have their common meaning.

C. Violations of the Code.

1. Misdemeanor. Any responsible person who commits a Code violation or who causes or permits the occurrence or continuance of

a public nuisance on property which that person owns, leases, possesses or controls is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000.00) per each violation or by imprisonment not exceeding six (6) months or by both such fine and imprisonment.

2. Infractions.

a. Notwithstanding the provisions of Subsection 1. hereinabove, any offense that may be cited as a misdemeanor may be

reduced by the City to an infraction where the Code violation or public nuisance does not present an immediate danger, hazard or injury to the public health or safety or where the responsible party has not previously been convicted of the same or substantially similar Code violations or public nuisances within the past five (5) years.

b. Any responsible person who commits a Code violation or who causes or permits the occurrence or continuance of a public

nuisance on property which that person owns, leases, possesses or controls which has been reduced to an infraction by the City is punishable by a fine not exceeding one hundred dollars ($100.00) for the first violation within a five (5) year period; by a fine not exceeding two hundred dollars ($200.00) for the second violation of the same provision within the same five (5) year period; and by a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision within the same five (5) year period.

3. Public Nuisance. Each and every violation of the provisions of this Code and other unlawful conditions are hereby declared to

constitute a separate public nuisance which may be abated by the City through the enforcement procedures provided for in this Chapter or in any other manner provided by law for the abatement of public nuisances.

4. Aiding and Abetting. Whenever in this Code any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

D. Separate and Continuing Violations.

1. Each and every Code violation and public nuisance committed, continued or permitted by a responsible person is a separate

offense severally punishable or abatable as provided in this Chapter or as may otherwise be provided for under this Code.

2. Each responsible person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during

which any Code violation or public nuisance is committed, continued or permitted by such person and shall be punishable as provided in this Chapter or as may otherwise be provided for in this Code.

E. Procedures are Cumulative. The enforcement procedures authorized by this Chapter or as may otherwise be provided for in this Code or under the laws of the State of California are cumulative and not mutually exclusive. The City may simultaneously commence and pursue any one or more enforcement procedures against the responsible party for each Code violation or public nuisance to the fullest extent allowed by the law provided the City does not receive duplicative payment for any single Code violation or public nuisance.

F. Obligation to Pay Abatement Costs. The approved enforcement and abatement costs in an enforcement procedure against a responsible person for a Code violation or public nuisance which results in a conviction, civil judgment, injunction, abatement order or other administrative order shall constitute a personal obligation of the responsible person and may be recovered from the responsible person in said proceeding.

A. Enforcement Procedures.

1. This Chapter provides for criminal, civil and administrative enforcement procedures for Code violations and public nuisances. The

enforcement officer is hereby authorized to select and pursue any one or more of the enforcement procedures for each Code violation or public nuisance. The enforcement officer is further authorized to pursue the enforcement procedures provided for in Sections 1.20.030 (Special Enforcement Provisions) and 1.20.070 (Summary Enforcement Procedures) where applicable. Notwithstanding the foregoing, the enforcement officer is also authorized to pursue any and all other enforcement procedures provided for by this Code and any procedures or remedies provided for under the laws of the State of California.

2. Except where the special procedures of Section 1.20.030 or the summary procedures of Section 1.20.070 are applicable, the

enforcement officer shall commence each enforcement procedure by first issuing the notices required under this Section.

3. If, after issuance of the notices provided for in this Section and the expiration of the correction or abatement period stated in the

notice of public nuisance, the responsible person has failed to complete the corrections or abatement specified in the notice of public nuisance, the enforcement officer may proceed with the criminal, civil and/or administrative procedures provided for in this Chapter with respect to the noticed Code violation(s) or public nuisance(s).

B. Notice to Responsible Person.

1. Initial Notice. The enforcement officer shall, upon the identification of any Code violation or public nuisance which does not

constitute an imminent danger or hazard under Section 1.20.070 of this Chapter, advise the responsible person in writing of the existence thereof by means of a notice of violation, a stop work order or a notice to cease use or occupancy as provided herein.

2. Notice of Violation. Unless this Section prescribes the use of a stop work order or a notice to cease use or occupancy, the

enforcement officer shall issue a notice of violation to the responsible person describing the Code violation(s) or public nuisance(s) stating a reasonable period of not less then seven (7) calendar days during which correction or abatement must occur and setting forth the actions required to correct the Code violation or abate the public nuisance. The notice shall also inform the responsible person of his liability for enforcement costs and any abatement costs incurred by the City in the enforcement procedure if the Code violation or public

nuisance is not fully corrected within the stated period. The responsible person shall correct the Code violation or abate the public nuisance within the time stated in the notice.

3. Stop Work Order. Whenever any work is being done without or in violation of the appropriate permit or license or that is otherwise contrary to the provisions of the Code, the enforcement officer may order such work discontinued and the buildings, dwellings or structures, or portion thereof, vacated by notice issued to the responsible person. The notice shall describe the Code violation(s) or public nuisance(s), state a reasonable period of not less then seven (7) calendar days during which correction or abatement must occur and set forth the actions required to correct the Code violation or abate the public nuisance. The notice shall also inform the responsible person of his liability for enforcement fees and abatement costs incurred by the City in the enforcement procedure if the Code violation or public nuisance is not fully corrected within the stated period. When a stop work order is issued, any and all persons shall forthwith stop such work until the violations have been corrected; and the City has authorized the responsible person to proceed with the work.

   4. Notice to Cease Use or Occupancy. Whenever any building, dwelling, structure or equipment therein regulated by the Code is being used or occupied contrary to the provisions of the Code, the enforcement officer may order such use discontinued and the building, dwelling, structure or equipment vacated by issuance of a notice to cease use or occupancy to the responsible person. The notice shall describe the Code violation(s) or public nuisance(s), state a reasonable period of not less then seven (7) calendar days by which the use or occupancy of the building, dwelling, structure or equipment must cease; state a reasonable period of not less than seven (7) calendar days during which correction or abatement must occur; and set forth the actions required to correct the Code violation or abate the public nuisance. The notice shall also inform the responsible person of his liability for enforcement fees and abatement costs incurred by the City in the enforcement procedure if the Code violation or public nuisance is not fully corrected within the stated period. All persons shall cease use or occupancy of the building, dwelling, structure or equipment within the time stated in the notice. The responsible person shall make the required corrections or complete the abatement within the time stated in the notice.

C. Notice of Public Nuisance. If, upon expiration of the period stated in the notice of violation, stop work order or notice to cease use or occupancy, the corrective or abatement work specified in the notice has not been completed, the enforcement officer shall issue a notice of public nuisance to the responsible person. The responsible person shall complete the corrective or abatement work within the time stated in the notice.

D. Issuance of Notices.

1. All notices required under this Section shall be issued to the responsible person in the following manner:

a. Except as is provided in Subsection c. hereinbelow, the enforcement officer shall, with reasonable diligence, attempt to personally serve the notice on the responsible person in the manner provided in California Code of Civil Procedure Section 415.10 or 415.20.

b. If after reasonable diligence the enforcement officer is not able to personally serve the notice as provided in Subsection a.

hereinabove, the enforcement officer may issue the notice by completing both of the following:

(1) Posting the notice in a conspicuous place at the real property, building, dwelling or structure where the Code violation or

public nuisance is alleged to exist; and

(2) Mailing a copy of the notice by certified mail, postage prepaid, to the responsible person at his last known address.

c. At the discretion of the enforcement officer, subsequent notice of public nuisance which relates to the initial Code violation or

public nuisance may be served upon the responsible person by certified mail, postage prepaid, at his last known address.

2. Notwithstanding the provisions of this Section, the failure of any responsible person to actually receive any of the notices

provided for under this Section shall not invalidate any enforcement procedure taken against the responsible person pursuant to this Chapter.

E. Right of Entry and Inspection.

1. The enforcement officer is hereby authorized to enter upon or into, in compliance with this Section, any real property, building,

dwelling or structure located within the City and its sphere of influence for the purpose of investigating the existence of suspected or reported Code violations and public nuisances.

2. The enforcement officer shall only enter upon or into real property, buildings, dwellings and structures for the purpose of making

an inspection as follows:

a. If the enforcement officer has duly obtained an inspection warrant pertaining to the real property, buildings, dwellings or

structures from a California court of competent jurisdiction; or

b. If the enforcement officer is accompanied by a peace officer who has obtained a search warrant pertaining to the real property,

buildings, dwellings or structures from a California court of competent jurisdiction; or

c. If the enforcement officer is accompanied by a peace officer without a search warrant but there exists facts that the peace

officer determines fulfill an exemption to the search warrant requirement under prevailing state or federal law; or

d. If the enforcement officer has obtained the permission of the responsible person or the owner, tenant, or occupant of the real

property, buildings, dwellings or structures to be entered upon or in; or

e. If the enforcement officer is informed of facts reasonably showing that an emergency exists or that there exists on or in the real

property, buildings, dwellings or structures a condition which is imminently dangerous, hazardous or injurious to the public health or safety.

3. Nothing in this Section shall prohibit an enforcement officer from making a visual inspection of any real property, building, dwelling or structure from the public right-of-way or from any other real property, building, dwelling or structure for which the enforcement officer has obtained permission to enter by the owner, tenant or occupant thereof.

   4. No person shall hinder or prevent an enforcement officer from entering, in compliance with this Section, upon or in any and all real property, buildings, dwellings or structures for the purpose of conducting any inspection authorized by this Chapter or as may otherwise be provided for in this Code or the laws of the State of California.

The City Council has provided that certain Code violations or public nuisances shall be enforced, corrected or abated in accordance with special provisions stated in the Code. Where applicable, the enforcement officer shall first determine whether an alleged Code violation or public nuisance is governed by such special provisions. In the event such special provisions apply, the enforcement officer shall proceed in accordance with any alternative procedures or penalties prescribed therein. To the extent such special provisions conflict or augment the enforcement procedures provided for in this Chapter, the special provisions shall govern.

If an enforcement officer has issued a notice of public nuisance to a responsible person and the corrective or abatement work specified in the notice has not been completed within the time stated therein, then the City may commence a criminal enforcement proceeding against the responsible person in the California court of competent jurisdiction.

A. Initiation of Proceeding. The City may commence a criminal enforcement proceeding by issuing a criminal citation to the responsible person for one (1) or more Code violations. Criminal citations shall only be issued by enforcement officers certified under Penal Code Section 832 or a peace officer.

B. Citations in Lieu of Immediate Arraignment.

1. Notice to Appear in Lieu of Arrest. In any case in which a person is arrested for a violation of any provision of this Code and does

not demand to be taken before a magistrate, such person may, in lieu of being taken before a magistrate, be issued a written notice to appear in court and may then be released, all pursuant to and in accordance with the procedures prescribed by Penal Code Sections 853.6 et seq.

2. Issuance of Citations by Designated Officers and Employees. Officers and employees of the City who have the discretionary

duty to enforce a statute or ordinance may, pursuant to Penal Code Section 836.5 and subject to the provisions of this Section, arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed an offense in the officer’s or employee’s presence which he or she has the discretionary duty to enforce, and to issue a notice to appear, and to release such person on his or her written promise to appear in court, pursuant to Penal Code Section 853.6. No officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority conferred in this Section unless such officer or employee is within a classification of City officers and employees designated by the City Council to exercise such arrest and citation authority as to specified violations. The City Manager shall establish and cause to be administered a special enforcement training program designated to instruct each officer or employee who will exercise such arrest and citation authority, regarding the provisions of the statutes and ordinances to be enforced, the evidentiary prerequisites to proper procedures for making arrests or otherwise prudently exercising such arrest and citation authority and the legal and practical ramifications and limitations attendant thereto. Any such officers or employees shall be appropriately instructed to deposit executed citations or notices with the Police Department for filing with the court, after review for legal sufficiency.

C. Post Citation Procedures. After the City has initiated a criminal proceeding against a responsible person, the procedures followed for release of persons arrested, notice to appear, bail and penalties for failure to appear shall be consistent with those procedures prescribed by Chapter 5C of Title 3 of Part 2 of the Penal Code, commencing with Section 853.5.

D. Cost Recovery in Criminal Proceedings.

1. The City shall be entitled to reimbursement from each responsible person upon conviction of a Code violation for its enforcement

costs and any abatement costs in an amount approved by the court that were incurred by the City related to the Code violation.

2. Upon entry of the second and each subsequent criminal conviction for violation of the same Code Section within a one (1) year

period, finding that the responsible person was guilty of the Code violation, the court may order the responsible person to pay restitution to the City equal to three (3) times the amount of the enforcement and abatement costs incurred by the City related to the Code violation.

3. Pursuant to Government Code Section 38773.5.(b), where the City makes a demand for the recovery of its attorneys’ fees at the

initiation of a criminal action that was commenced by the City under this Chapter, the prevailing party in said action shall be entitled to recovery of that party’s attorneys’ fees in an amount not to exceed the amount of reasonable attorneys’ fees incurred by the City in said action.

A. Civil Proceedings.

1. Commencement of Action. If an enforcement officer has issued a notice of public nuisance to a responsible person and the

corrective or abatement work specified in the notice has not been completed within the time stated therein, the City may commence a civil action against the responsible person in the California court of competent jurisdiction to prevent, restrain, correct or abate the Code violation or public nuisance and to recover enforcement and abatement costs, attorney fees, as well as any other damages and relief to which the City may be entitled.

2. Notice of Pendency. Upon the commencement of a civil action, the City may record a notice of pendency of action in each case

where the Code violation or public nuisance affects the real property owned, leased or possessed by the responsible person. In the event the City elects to record a notice of pendency of action, then such notice shall comply with the requirements of Health and Safety Code Section 17985.

3. Relief Sought. In addition to any other remedies authorized by law, the City may seek any order or judgment from the court

against the responsible person that is reasonably likely to prevent, restrain, correct or abate the Code violation or public nuisance or to compensate the City therefore including, but not limited to, any and all of following:

a. Injunctive relief, including temporary restraining orders, preliminary injunctions and permanent injunctions to restrain and enjoin

the responsible person from causing, permitting or continuing a public nuisance, from using or occupying any real property, buildings,

dwellings or structures in violation of the Code, from engaging in specified actions which are reasonably likely to lead to a violation of the Code, or from any act or omission which threatens or endangers the public health, safety or welfare;

b. Orders requiring the correction of a Code violation or abatement of a public nuisance by repairing, rehabilitating, razing,

demolishing or removing any building or structure, or by grading, clearing, grubbing or cleaning any real property by removing trash and debris, by ceasing any use or activity that is in violation of the provisions of this Code or by other appropriate remedy approved by the court;

c. Judgments for recovery of damages incurred by the City, awards of enforcement costs and any abatement costs, and

reasonable attorneys’ fees incurred by the City related to the Code violation or public nuisance, and for such other and further relief as the court may grant.

B. Cost Recovery in Civil Actions. Pursuant to the procedures set forth inChapter 1.22 of this Code, the City is entitled to seek recovery of all nuisance abatement costs incurred in connection with any civil action taken to abate a public nuisance.

[Ord. No. 568, Section 3, 5/10/17.]

A. Administrative Proceedings.

1. Pursuant to Government Code Section 53069.4, every Code violation and public nuisance is hereby subject to an administrative

fine, the collection of enforcement and abatement costs and, if applicable, an abatement order. The provisions of this Chapter shall govern the imposition, enforcement, collection and administrative review by the City of such fines, costs and orders.

2. The amount of the fine for Code violations or public nuisances imposed pursuant to this Chapter shall be set forth in a schedule

of fines established by resolution of the City Council. The schedule of fines shall specify increased fines for repeat violations of the same Code Section by the same person within five (5) years of the date of the administrative citation and the amount of any late payment charges imposed for the payment of a fine after its due date.

3. Any person who fails to pay to the City any fine or enforcement cost imposed pursuant to the provisions of this Section on or

before the date the fine and enforcement cost is due shall also be liable for the payment of any applicable late payment charges set forth in the schedule of administrative citation fines.

4. Payment of any administrative fine imposed hereunder shall not excuse or discharge any continuation or repeated occurrence of

the Code violation or public nuisance that is the subject of the administrative citation.

5. If an enforcement officer has issued a notice of public nuisance to a responsible person and the corrective or abatement work

specified in the notice has not been completed within the time stated therein, the City may commence an administrative proceeding pursuant to this Section against the responsible person to impose and collect the administrative fine and the enforcement costs and any abatement costs and to issue, if applicable, an abatement order.

B. Initiation of Proceeding.

1. The City may commence an administrative proceeding by issuing an administrative citation to the responsible person pertaining

to one (1) or more Code violations or public nuisances. Administrative citations shall be issued by enforcement officers.

2. Each administrative citation shall contain the following information:

a. The date of the Code violation(s) or public nuisance(s);

b. The address or a definite description of the location where the Code violation(s) or public nuisance(s) occurred;

c. The Section(s) of the Code allegedly violated and a description of the Code violation(s) or public nuisance(s);

d. The amount of each fine for each of the violation(s);

e. A description of the fine payment process, including a description of the time within which and the place to which the fine shall

be paid;

f. An order prohibiting the continuation or repeated occurrence of the Code violation or public nuisance described in the

administrative citation;

g. A description of the administrative citation appeal process, including the time within which the administrative citation may be contested and the place from which an appeal may be obtained;

h. If applicable, a notice that the City intends to hold a hearing on the issuance of an abatement order to permit the City to enter

onto the real property or into buildings, dwellings or structures for the purpose of correcting the Code violation or abating the public nuisance. The notice shall also state the date, time and place of the hearing, and advise the responsible person that he has an opportunity to appear and be heard at this hearing; and

i. The name and signature of the citing enforcement officer.

3. Each administrative citation shall be accompanied by an itemized statement and invoice of the enforcement costs incurred to the

date of the citation. The statement shall include a notation that additional enforcement costs and any abatement costs may be added to the statement and subsequently invoiced in the event the Code violation or public nuisance is not forthwith corrected or abated.

4. Administrative citations and accompanying enforcement cost statements shall be served to the responsible person in accordance

with Section 1.20.020.D. of this Chapter. Failure to receive notice does not affect the validity of the proceedings.

C. Proceedings Imposing Fines Only.

1. Where the Code violation or public nuisance is not of a continuing nature or does not lend itself to abatement by the City, then

the City, in its discretion, may pursue the procedure provided in this Section to impose, enforce and collect the fine and enforcement

costs.

2. The responsible person cited shall have thirty (30) days from the date of the administrative citation to pay the amount of the fine

and enforcement costs to the City.

3. The responsible person cited may contest issuance of the citation by paying the full penalty amount listed on the citation, and by

filing a notice of a written appeal with the City Manager or designee within thirty (30) calendar days from the date of the administrative citation. The appeal request shall contain a specific identification number of the subject citation; the name and address of the appellant; a statement in ordinary and concise language of the specific(s) or action protested and the grounds for contesting the citation, together with all material facts in support thereof; and the date and signatures of the appellant.

Contest hearings shall be conducted by the hearing board, which may consist of either a hearing officer or, if no hearing officer has

been designated, by the City Manager. The contest hearing shall be held not less than seven (7) calendar days and not more than ninety (90) calendar days from the date the notice of appeal is filed, provided, however, that no hearing to contest an administrative citation shall be held unless the full penalty amount has been deposited in advance.

4. The City shall provide the responsible person with written notice of the time and place of the contest hearing at least five (5)

calendar days prior to the date of the hearing. If the enforcement officer submits an additional written report to the hearing board for consideration at the hearing, a copy of the report shall be served on the responsible person with the notice of hearing.

5. The responsible person’s failure to appear at the contest hearing shall constitute a forfeiture of any deposited amounts and be

deemed a failure to exhaust the responsible person’s administrative remedies. In such event, the full amount of the enforcement costs and fine shall be due immediately; and the administrative citation shall be deemed a final administrative order for the purpose of Government Code Section 53069.4. The final administrative order shall be served on the responsible person by mailing a copy of the order by certified mail postage prepaid to the responsible person at his last known address.

6. The hearing board shall hear, receive and consider testimony and documentary evidence regarding the alleged Code violation or

public nuisance. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. The contesting responsible person shall be given the opportunity to testify at the hearing to present evidence concerning the administrative citation and to cross-examine the citing enforcement officer. The hearing shall not be subject to the formal rules of evidence or discovery. The hearing board may continue the hearing and request additional information from the enforcement officer or the responsible party prior to issuing a final administrative decision.

7. After considering all of the testimony and evidence submitted at the contest hearing, the hearing board shall issue a written

decision to uphold or cancel the administrative citation, the amount of the fee and the amount of the enforcement fee and shall list in the decision the reason for that decision. The written decision of the hearing board shall be deemed a final administrative order for the purpose of Government Code Section 53069.4. The final administrative order shall be served on the responsible person by mailing a copy of the order by certified mail, postage prepaid, to the responsible person at his last known address.

8. If the hearing board determines after the hearing that the person charged in the administrative citation was not responsible for

the Code violation or public nuisance or that there was no Code violation or public nuisance as charged in the administrative citation or that the amount of the fine or enforcement cost should be reduced, then the City shall amend the citation to conform with the order to the hearing board.

9. The City may collect any past due administrative citation fines, enforcement costs and late payment charges by use of all

available legal means, including the use of the lien and special assessment procedures provided for in Chapter 1.22 of this Code.

D. Proceedings Imposing Fines and Abatement Orders.

1. Where the Code violation or public nuisance is of a continuing or persistent nature or presents a significant threat or risk to the

public health, safety and welfare, the City, in its discretion, may pursue the procedure provided in this Section to impose, enforce and collect the fines, enforcement and abatement costs and to obtain an abatement order.

2. The administrative citation shall provide the responsible person with written notice that the City intends to hold a hearing

concerning the imposition of an administrative fine and enforcement and abatement cost and the granting of an abatement order permitting the City to enter onto the real property or into the buildings or structures involved for the purpose of correcting the Code violation or abating the nuisance. The notice shall specify the date, time and place of the hearing. The abatement hearing shall be conducted by the hearing board. The abatement hearing shall be held not less than fifteen (15) days and not more than sixty (60) days from the date of the administrative citation.

3. At least ten (10) days prior to the abatement hearing, the City shall provide the responsible person with any written report issued

by the enforcement officer concerning the Code violation or public nuisance along with the proposed scope of the abatement order.

4. The hearing board shall hear, receive and consider testimony and documentary evidence regarding the alleged Code violation or public nuisance and the necessary scope of the abatement order. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. The responsible person shall be given the opportunity to testify at the hearing, to present evidence concerning the administrative citation and to cross-examine the citing enforcement officer. The hearing shall not be subject to the formal rules of evidence or discovery. The hearing board may continue the hearing and request additional information from the enforcement officer or the responsible party prior to issuing a final administrative decision.

   5. After considering all of the testimony and evidence submitted at the abatement hearing, the hearing board shall issue a written order to uphold or cancel the administrative citation, fine and abatement order, determine the amount of the enforcement cost and likely abatement cost and list in the decision the reason for that decision. The hearing board shall also determine and state the scope of the abatement order. The written decision of the hearing board shall be deemed a final administrative order for the purpose of Government Code Section 53069.4. The final administrative order shall be served on the responsible person by posting the order in a conspicuous place on the property and by mailing a copy of the order to the responsible party by certified mail, postage prepaid, at his last known address.

   6. If the hearing board determines after the hearing that the person charged in the administrative citation was not responsible for the Code violation or public nuisance or that there was no Code violation or public nuisance as charged in the administrative citation,

then the citation shall be canceled. The hearing board shall also have the authority to reduce fines or enforcement fees based on the facts submitted at the hearing.

7. If, within thirty (30) days from the date of mailing of the hearing board’s final administrative order to the responsible person, the

Code violation or public nuisance has not been corrected or abated and the fine and enforcement costs (exclusive of likely abatement costs) have not been paid to the City, then the City shall be authorized to enter onto the real property or into the buildings, dwellings or structures for the purpose of correcting the Code violation or abating the nuisance. In carrying out the correction or abatement under the order, the City may take such actions, including, but not limited to, repair, rehabilitation, demolition, clearing, grubbing, grading, trenching, building, constructing and other work as may be reasonably necessary to complete the correction or abatement.

8. After the City has acted upon an abatement order, the enforcement officer shall prepare an itemized statement and invoice of the

actual abatement costs incurred by the City. The statement shall be mailed to the responsible person by certified mail, postage prepaid, to his last known address. The responsible person shall be obligated to pay the abatement costs unless the responsible party files an appeal of the costs with the City Clerk within fifteen (15) days of the mailing of the statement. The appeal shall be heard by the hearing board and shall proceed in the same manner as a contest hearing provided that the hearing board shall have no authority to consider or rescind the administrative citation, the abatement order, the fine or enforcement costs during this appeal.

9. The City may collect any past due administrative citation fines, enforcement costs, and late payment charges by use of all

available legal means, including the use of the lien and special assessment procedures provided for in Chapter 1.22 of this Code.

E. Termination of Proceedings. In the event that the responsible person corrects the Code violation or abates the public nuisance in accordance with the administrative citation or abatement order prior to the expiration of the abatement period set forth therein, then the proceedings shall be terminated upon the City’s inspection and confirmation that compliance with the applicable Codes and ordinances has occurred. Such action shall not affect the right of the City to claim or recover unpaid enforcement costs as provided for in this Chapter.

[Ord. No. 500, 9/8/10; Ord. No. 568, Sections 4, 5, 5/10/17.]

A. Authority to Abate.

1. The summary abatement of Code violations and public nuisances is hereby authorized, in accordance with the procedures set

forth in this Section, where the enforcement officer, based on the facts then known, determines that any condition or violation of the Code or other situation presents an imminent danger or hazard or is imminently injurious to the public health or safety.

2. No person shall remain in or enter any building, dwelling or structure which has been posted with a notice to vacate or a “Do Not

Enter - Unsafe to Occupy” sign by an enforcement officer, except that entry may be made to repair, demolish or remove such building, dwelling or structure with permission of the City Building Official.

B. Summary Procedures.

1. Notwithstanding any other provision of this Chapter to the contrary, summary abatement shall be conducted in accordance with

the following procedures:

a. The enforcement officer shall document the facts then known which support his determination that a condition presents an

imminent danger or hazard or is imminently injurious to the public health or safety.

b. The enforcement officer shall attempt to make telephonic or personal contact with the responsible person. In the event such

contact is made, the enforcement officer shall orally, or in writing, require the immediate abatement of the imminently dangerous, hazardous or injurious public nuisance, or order the vacation of the buildings, dwellings or structures as provided for in Section 1.20.070.C. of this Chapter, so as to preclude harm to any life or property.

c. If the enforcement officer is unable to make contact as herein above noted or if the responsible person, after notification by the

enforcement officer, does not abate the public nuisance or vacate the buildings, dwellings or structures within the required period, then the enforcement officer is authorized to take all actions deemed reasonably necessary to correct the Code violation or abate the public nuisance with the use of City forces or its agents or representatives.

d. The enforcement officer shall keep an itemized account of the enforcement and abatement costs incurred by the City in

correcting the Code violation or abating the public nuisance and serve the appropriate administrative citation and enforcement and abatement cost statement and invoice on the responsible party pursuant to Section 1.20.060.C. of this Chapter after the correction or abatement is completed.

2. As an alternative to the procedure provided in Section 1.20.070.B., the City may, at its discretion, utilize the procedures provided

for under the most recent version of the Uniform Code for the Abatement of Dangerous Buildings.

3. The responsible person shall be liable for payment of all enforcement and abatement costs incurred by the City, pursuant to

Chapter 1.22 of this Code.

C. Notice to Vacate.

1. In accordance with the procedures provided in Section 1.20.070.B. of this Chapter, whenever a building, dwelling or structure is in such condition to make it imminently dangerous, hazardous or injurious to the life, limb, property or the safety of the public or of the occupants, it shall be ordered to be vacated. Any building, dwelling or structure whereby improper maintenance has rendered it unsanitary or unhealthful such that it is unfit for human habitation, shall be vacated until the unsanitary or unhealthful conditions are abated. For purposes of this Section, connection to necessary utilities such as water, electric, gas and sewer (or functional, approved septic system) shall be required to be considered sanitary and healthful and to make a building, dwelling or structure fit for human habitation.

   2. The enforcement officer shall issue a notice to vacate. The notice to vacate shall be posted on the building or structure in a conspicuous manner. Promptly thereafter, the enforcement officer shall mail a copy of the notice to the responsible person and each

tenant if addresses for same are reasonably obtainable, by certified mail, postage prepaid. In addition to the notice to vacate, the enforcement officer shall post on each exit on the building, dwelling or structure that is required to be vacated, a sign substantially in the following form:

DO NOT ENTER UNSAFE TO OCCUPY

It is a violation of City Ordinance to occupy this building or to remove or deface this notice.

Building Official Date No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building with permission of the City building official.

3. When the cause for the notice to vacate has been abated, the enforcement officer shall promptly remove any posted notice to

vacate or “Do Not Enter - Unsafe to Occupy” sign, and the responsible person and/or the tenants and occupants may be allowed to reoccupy the building, dwelling or structure even if further Code violations or public nuisances exist provided that none render the building, dwelling or structure unsanitary, unhealthful or unsafe such that it is unfit for human habitation or imminently dangerous, hazardous or injurious to the health and safety of the occupant.

[Ord. No. 568, Section 6, 5/10/17.]

A. Suspension and Revocation of Licenses and Permits.

1. Licenses. All licenses issued under the provisions of this Code shall be in compliance with all applicable laws and ordinances of

the City, the State of California and the United States of America.

2. Grounds for Suspension or Revocation. Any license or permit granted through the provisions of this Code may be suspended or

revoked by the department issuing the permit or license if it is determined either:

a. That it was fraudulently obtained or issued in error; or

b. That the information provided in the application was incomplete, incorrect or false in any material respect, or that there was an

omission of a material fact; or

c. That the license holder is operating its business in violation of any statute, ordinance or law; or

d. That the revocation is necessary to protect the health, safety or welfare of the public.

3. Appeal Procedure. Prior to any suspension or revocation of license or permit, the issuing department shall, by certified mail,

postage prepaid, give the license or permit holder ten (10) days notice of the City’s intent to suspend or revoke such license or permit. Within ten (10) days of the date of such notice, the license or permit holder may file a written request with the City Clerk to appear before the hearing board; and when a hearing is thereafter scheduled by the City Clerk and notice given to the license or permit holder thereof by certified, mail postage prepaid, the license holder may appear and show cause before the hearing board why such license or permit should not be suspended or revoked. Upon the failure of the license or permit holder to file a written request for a hearing within said period, or if after the hearing of the hearing board the hearing board finds good and sufficient cause for suspension or revocation, the license or permit shall be suspended or revoked. No refund of any license or permit fee shall be made following suspension or revocation. Suspension or revocation of a license or permit shall be effective upon action of the hearing board as herein described.

4. Expiration of Permits. Every permit, unless otherwise specified, shall expire by limitation and become null and void if the work

authorized by the permit is not commenced within sixty (60) days of the permit issuance or is not completed within two hundred ten (210) days of the permit issuance or if a period of ninety (90) days lapses between inspection approval. Any permittee holding an unexpired permit may apply in writing for an extension of time not to exceed one hundred eighty (180) days to complete the permitted work. No permit shall be extended more than once. Notwithstanding the forgoing, permits for work with valuation in excess of two hundred fifty thousand dollars ($250,000.00) may be extended indefinitely as long as work proceeds continuously and does not stop for any period longer than sixty (60) days.