Apple Valley Municipal Code Ch. 1.01 Code Adopted

The Town Council finds that it is desirable and in the public interest to establish a Municipal Code in order to provide a scheme of organization for the classification and grouping of ordinances which the Council may adopt. The Council intends in adopting ordinances of a general and permanent nature to provide for their placement in accordance with the scheme of the Code. This will provide the user with a convenient and logical compilation of the ordinances of the Town.

This Code shall be known as the "Town of Apple Valley Municipal Code". It shall be sufficient to refer to this Code as the Town of Apple Valley Municipal Code in any prosecution for the violation of any provision of this Code. It shall also be sufficient to designate any ordinance adding to, amending, correcting, or repealing provisions of this Code as an addition or amendment to, or a repeal of, the Town of Apple Valley Municipal Code, or a portion thereof.

The Town of Apple Valley Municipal Code shall consist of all ordinances adopted by the Town Council which are of a general and permanent nature. An ordinance relating to any of the following subject matters is not considered an ordinance of general and permanent nature and need not be included within the Municipal Code:

(1) The naming of streets or roads;

(2) Granting, altering, or withdrawing franchises;

(3) Levying real property tax;

(4) Calling an election;

(5) Annexation proceedings;

(6) Interim zoning measure;

(7) Zoning or rezoning a particular parcel of property;

(8) Such other ordinances of a special or particular subject matter which the Council considers are not appropriate to a general compilation of laws of a general and permanent nature.

(a) The ordinances of the Town which are of a general and permanent nature shall be organized and grouped according to subject matter.

(b) Ordinances which are adopted from time to time shall be classified and organized under the following scheme of titles:

1. General Provisions;

2. Administration and Personnel;

3. Revenue and Finance;

4. (Reserved);

5. Business Regulations;

6. Health and Sanitation;

7. (Reserved);

8. Buildings and Construction;

9. Development Code;

10. (Reserved);

11. Peace, Morals and Safety;

12. Vehicles and Traffic;

13. (Reserved);

14. Streets and Sidewalks;

15. Animals.

Other ordinances adopted by the Town Council on November 28, 1988, the date of original adoption of this Municipal Code, are not included as part of the Municipal Code, and any future amendments to said other ordinances will not be included as part of the Municipal Code unless otherwise expressly stated in said future amendments.

At least three copies of this Code, duly certified by the Town Clerk, shall be maintained on file in the office of the Town Clerk as official copies of this Code. Additional copies of this Code shall be distributed to the departments of the Town as shall be prescribed by the Town Manager.

Duly certified copies of each ordinance making a change in this Code shall be filed in the office of the Town Clerk in books for such purpose, duly indexed for ready reference.

At least semi-annually, the Town Clerk shall cause the looseleaf pages of this Code in which changes have been made to be reproduced, including a notation as to the ordinance number and the date pursuant to which such change is adopted. Such reprinted pages shall be distributed in order that the looseleaf copies of this Code, prepared for the use and convenience of the officers and employees of the Town and the general public, may be brought up to date.

The provisions of this Code and all proceedings under it are to be construed to effect its objects and to promote justice.

All the provisions of this Code and all other Town ordinances shall be interpreted to refer to the appropriate or designated officer of office of the Town, and whether an ordinance, uniform code, statute, or other matter which is adopted by reference refers to any department, officer, employee, inspection, police, or other function, unless the context requires otherwise, all references shall be to the appropriate or designated office, officer, department, agency, employee, or function of the Town, or to the person or agency performing the function for the Town.

Neither the adoption of this Code nor the repeal or amendment by this Code of any ordinance or part or portion of any ordinance previously in effect in the Town or within the territory currently comprising the Town, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Code, nor be construed as a waiver of any license, fee or penalty on such effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty or the penal provisions applicable to any violation of such ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinance, and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect. The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.

If any chapter, section, subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. The Town Council hereby declares that it would have passed this Code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional; and if for any reason the Code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.

This Code shall refer only to the omission or commission of acts within the territorial limits of the Town of Apple Valley and that territory outside of the Town over which the Town has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.

All references in this Code to places, acts, persons or things and all else in relation to this Code shall be construed to mean that the same are applicable to this Town, whether the Town is mentioned in each particular section or not. Portions of this Code have been adopted from or relate to the same subject as is set forth in the San Bernardino County Code. To the extent that any section, subsection, sentence, clause or phrase of this Code is in conflict with the San Bernardino County Code provisions so adopted, the later-adopted portion of this Code shall control and shall take precedence over the inconsistent portions of the San Bernardino County Code.

Unless the provisions of this Code otherwise specifically provide, or the context of this Code indicates to the contrary, the general provisions, rules of construction, and definitions set forth in the following sections of this Chapter shall govern the construction of this Code. The provisions of this Code, and all proceedings under it, are to be construed with a view to effect their objects and to promote justice.

The title, chapter, article, and section headings contained in this Code shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent or the provisions of any title, chapter, article, or section of this Code.

"Section" shall mean a section of this Code, unless some other source is specifically set forth. "Subsection" shall mean a subsection of the section in which the term occurs, unless some other section is expressly set forth.

Whenever a power is granted to, or a duty is imposed upon, a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise.

"Writing" includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this Code, such notice, report, statement, or record shall be made in writing in the English language, unless this Code expressly provides otherwise.

Whenever any reference in this Code is made to an ordinance, the reference shall apply to such ordinance of the Town, unless this Code expressly provides otherwise. Whenever any reference is made to any portion of this Code, or to any ordinance of this Town, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter added to this Code.

When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.

The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a) Calendar year shall mean from January 1 through December 31 of any given year.

(b) City shall include Town, and Town shall mean the Town of Apple Valley.

(c) Town Manager shall mean the appointed official of the Town who occupies the position as Chief Administrative Officer of the Town.

(d) Council shall mean the Town Council of the Town of Apple Valley.

(e) Councilmember shall mean a person duly elected or appointed to the Council.

(f) County shall mean the County of San Bernardino, California, or the area within the limits of San Bernardino County, and such territory outside of San Bernardino County over which the County has jurisdiction or control by virtue of any constitutional or statutory provisions.

(g) Fiscal year shall mean from July 1 of any given year through June 30 of the following year.

(h) Gender. The masculine gender shall include the feminine and neuter genders.

(i) Goods shall mean and include wares and merchandise.

(j) May shall be permissive.

(k) Month shall mean a calendar month, unless otherwise expressed.

(l) Number. The singular number shall include the plural, and the plural number shall include the singular.

(m) Oath shall include affirmation.

(n) Official time standard. Wherever certain hours are named in this Code, they shall mean standard time or daylight saving time as may be in current use in the Town.

(o) Operate shall mean and include carrying on, keeping, controlling, operating, conducting, or maintaining.

(p) Owner, applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land.

(q) Person means any of the following:

(1) Any natural person, firm, company, corporation, club, trust, or similar organization, partnership, association, public corporation, political subdivision, public entity, city or town (except the Town of Apple Valley when the context so indicates), the County of San Bernardino, any district in the County of San Bernardino, the State of California, or the United States of America, or any department or agency or any employee, manager, officer, agent, lessee or servant of any thereof, unless this Code expressly provides otherwise.

(2) A person who causes a code violation to occur.

(3) A person who maintains or allows a code violation to continue, by his or her action or failure to act.

(4) A person whose agent, employee, or independent contractor causes a code violation by its action or failure to act.

(5) A person who is the property owner of real property where a property-related code violation occurs. There shall be a legal presumption that the property owner of record is the owner of a parcel as shown on the latest equalized assessment roll or according to the records of the county assessor or tax collector.

(6) A person who is a tenant, lessee, or sublessee with the current right of possession of real property where a property-related code violation occurs and a tenant, lessee, or sublessee of a parcel is a person who has notice of any code violation existing on the premises.

(7) A person who is the on-site manager of a business, or a person actually or apparently in charge of the business.

(8) A person who, pursuant to California Civil Code Section 2929.3, purchases residential property at a foreclosure sale, or acquired the residential property through foreclosure under a mortgage or deed of trust, where a property-related code violation exists upon the residential property, and the residential property is vacant.

(9) For purposes of this section, there may be more than one person for a code violation and more than one violator.

(r) Personal property shall include money, goods, chattels, things in action, and evidences of debt.

(s) Police, Police Chief or Chief of Police shall mean the agency which performs the appropriate law enforcement function for the Town, and the head of the agency or division thereof which at the time involved has responsibility for performing the police function for, or within, the Town.

(t) Property shall include real and personal property.

(u) Quarterly, where used to designate a period of time, shall mean the first three calendar months of any given year or any succeeding period of three calendar months.

(v) Real property shall include land, tenements, and hereditaments.

(w) Sale shall include any sale, exchange, barter, or offer for sale.

(x) Shall shall be mandatory.

(y) State shall mean the State of California.

(z) Street shall include all streets, highways, avenues, boulevards, alleys, courts, places, squares, curbs, or other public ways in the Town which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the State.

(aa) Tenant or occupant applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.

(ab) Tense. The present tense shall include the past and future tense, and the future tense shall include the present tense.

(ac) Town shall mean the Town of Apple Valley.

Words and phrases not defined in this Code are construed according to the approved usage of the language, or, when appropriate, by reference to definitions contained in State or Federal law.

(Ord. 302, 10-25-05)

(Ord. No. 556, § 2, 7-12-2022)

(a) No person shall violate any of the provisions or fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the requirements of this Code, unless otherwise specified in particular Titles, Chapters, or Sections of this Code, shall be guilty of a misdemeanor, except as authorized in Subsection (b), and upon conviction thereof, the penalty shall be a fine of not more than $1,000.00, or imprisonment in the County jail for a period of not more than six months or by both fine and imprisonment. Each such offense shall be a separate offense for each and every day during any portion of which any violation of any provision of this Code, or any provision of any code adopted by reference by this Code, or of any other Town ordinance, is committed, continued, or permitted by such person, and may be punished accordingly.

(b) Notwithstanding the provisions of Subsection (a), either the Town Attorney, his or her designee, or any officer issuing a citation hereunder, may issue the citation as an infraction. Further, in the discretion of the Town Attorney, his or her designee, or any officer, any complaint or citation issued as a misdemeanor may be reduced to an infraction.

(c) In addition to the penalties described in Subsections (a) and (b) of this Section, any person found guilty of a violation of a Title, Chapter or Section of this Code shall be ordered to comply with the requirements of such Title, Chapter or Section of this Code.

(d) In addition to the penalties provided in Subsections (a) and (b) of this Section, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by this Town, summarily abated as such.

(e) Any person violating any of the provisions or failing to comply with any of the requirements of this Code, unless otherwise specified in particular Titles, Chapters, or Sections of this Code, including parking violations, may be issued an administrative citation by any employee authorized to issue such citations under Section 1.08.050 of this Code. The fines schedule for such administrative citation shall be as follows:

(1) A fine not exceeding $100.00 for a first violation;

(2) A fine not exceeding $200.00 for a second violation of the same Code section within one year of the date of the first citation; and

(3) A fine not exceeding $500.00 for each additional violation of the same Code section within one year of the date of the previous citation.

(4) Exception: The administrative citation penalty for commercial marijuana business or operation or prohibited residential marijuana cultivation of Apple Valley Development Code Chapters 9.29 and 9.36 and any zoning, building, plumbing, electrical, or other similar structural, health and safety code violation that exists as a result of, or to facilitate, the illegal cultivation of marijuana shall be $1,000.00 per violation not to exceed $10,000.00 per day.

(f) Each administrative citation shall contain the following information:

(1) Name of the responsible person for the violation of this Code.

(2) Date on which an inspection established the Code violation.

(3) The Code section(s) violated.

(4) Address where the Code violation occurred.

(5) Amount of the fine for the violation and procedure to pay the fine and avoid a late payment penalty.

(6) Description of the procedure for requesting an administrative hearing to contest a citation.

(7) A notice that the Code violation is a nuisance and that collection of enforcement and/or nuisance abatement costs can be enforced as an assessment of lien against the property where a property related Code violation occurs and that unpaid assessments can result in the property being sold after three years by the County Assessor.

(8) An order prohibiting the continuation or repeated occurrence of the Code violation or public nuisance described in the administrative citation.

(9) Name of the Enforcement Officer issuing the citation.

(10) If the citation is issued for a violation of zoning, building, plumbing, electrical, or similar structural or zoning issues that do not relate to immediate danger to health or safety, a reasonable time shall be designated for compliance, not to exceed 30 calendar days, prior to the imposition of administrative fines or penalties.

(11) It is unlawful for any property owner in the town to establish or operate any medical or commercial marijuana business or operation or prohibited residential marijuana cultivation, as defined in Sections 9.29.210(C), 9.29.21(O)(1), 9.29.210(O)(2), and 9.36.230(B) of the Apple Valley Municipal Code, which prohibition shall include renting, leasing to, or otherwise allowing any person to occupy or use such property for such unlawful purposes. Any property owner in the town where an illegal medical or commercial marijuana business or operation or prohibited residential marijuana cultivation is occurring or found is strictly liable for the offense and may be issued an administrative citation. A citation issued for a violation of zoning, building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements need not include a reasonable time for compliance in the citation when the violation exists as a result of, or to facilitate, the illegal cultivation of marijuana, unless all of the following are true:

(A) A tenant is in possession of the property that is the subject of the administrative action;

(B) The rental property owner or agent can provide evidence that the rental or lease agreement explicitly prohibits the cultivation of marijuana; and

(C) The rental property owner or agent did not know the tenant was illegally cultivating marijuana and no compliant, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal marijuana cultivation.

(g) Service of the citation shall conform to the provisions set forth in Section 1.01.300 of this Code.

(h) Satisfaction of the administrative citation. Upon receipt of a citation, the responsible person must do the following:

(1) Pay the fine to the Town within 30 days from the date of the citation. All fines assessed shall be payable to the Town of Apple Valley Finance Department. Payment of a fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the Town.

(2) The failure of any person to pay a fine assessed by administrative citation within the time specified on the citation shall result in the assessment of an additional late fee. The amount of the late fee shall be 50 percent of the total amount of the administrative fine owed.

(i) Any vehicle violating the California Vehicle Code may be issued an administrative citation by any employee authorized to issue such citations under Section 1.08.050 of this Municipal Code. The fine for such violation is set by the California Vehicle Code or affirmed by resolution of the Town Council as the same may be amended from time to time.

(Ord. 302, 10-25-05; Ord. 388, 10-28-08; Ord. 404, 3-9-10)

(Ord. No. 507, § 1, 6-11-2019; Ord. No. 529, § 1, 2-25-2020; Ord. No. 556, § 3, 7-12-2022; Ord. No. 569, § 2, 4-23-2024)

(a) Time frame to file an appeal. Any recipient of an administrative citation may contest that there was a violation of the Apple Valley Municipal Code or that he or she is the responsible person by submitting a written "request for hearing" and returning it to the Town or its contractor within 15 days from the date the administrative citation is served or deemed to have been served, together with an advanced deposit of the fine. A failure to file a timely "request for hearing" or failure to appear at the scheduled hearing shall be deemed a waiver of the right to appeal the citation and to seek judicial review.

(1) Advance deposit hardship waiver.

i. Any person who intends to request a hearing to appeal the results of the initial review and who is financially unable to make the advance deposit of the fine as required in this Section may file a request for an advance deposit hardship waiver.

ii. The request shall be filed with the Code Enforcement Division on an advance deposit hardship waiver application form, available from the Code Enforcement Division, within seven days of the date of the request for a hearing.

iii. The requirement for depositing the full amount of the fine as described in this Section shall be sustained unless or until the Town Manager or their designee makes a determination to grant the waiver.

iv. The Town Manager or their designee may waive the requirement of an advance deposit set forth in this Section and grant the waiver only if the cited party submits to the Code Enforcement Department a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the Town Manager or their designee the person's actual financial inability to deposit with the Town the full amount of the fine in advance of the hearing.

v. If the Town Manager or their designee determines not to grant the waiver, the person shall remit the deposit to the Town within ten days of that decision in advance of the appeal hearing or pay the fine within 30 days from the date of citation issuance to avoid assessment of late penalties.

vi. The Town Manager or their designee shall issue a written determination listing the reasons for his determination to grant or not grant the waiver. The written determination of the Town Manager or their designee shall be final.

vii. The written determination shall be served upon the appellant in person or by first class mail.

(b) Return of deposit. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

(c) Hearing Officer. The Town Manager shall designate the Hearing Officer for the administrative citation hearing.

(d) Hearing procedure.

(1) No hearing to contest an administrative citation before a Hearing Officer shall be held unless and until a timely "request for hearing" form has been completed and submitted and, the fine has been deposited in advance.

(2) After receipt of the "request for hearing" and fine deposit, a hearing before the Hearing Officer shall be set for a date that is not less than 15 and not more than 60 days from the date that the "request for hearing" is filed in accordance with the provisions of this Section. The person requesting the hearing shall be notified of the time and place set for the hearing at least seven days prior to the date of the hearing. The failure of any recipient of an administrative citation to appear at the hearing shall constitute a forfeiture of the fine and be a bar to judicial review of the Hearing Officer decision based upon a failure to exhaust administrative remedies.

(3) The Hearing Officer shall only consider evidence that is relevant to whether the violation occurred and whether the responsible person has caused or maintained the violation of the Municipal Code on the date(s) specified in the administrative citation.

(4) The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

(5) The administrative citation and any additional document submitted by the issuing officer/employee shall constitute prima facie evidence of the respective facts contained in those documents. Formal rules of evidence shall not apply.

(6) Upon request, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the issuing officer/employee when issuing the citation. In addition, if the issuing officer/employee submits any additional written reports concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of said documentation also shall be served by mail on the person requesting the hearing.

(7) The Hearing Officer may continue the hearing and request additional information from the issuing officer/employee or the recipient of the administrative citation prior to issuing a written decision.

(e) Hearing Officer's decision. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer may immediately issue a verbal decision or may issue a written decision within ten days of the hearing. The decision shall include the reasons for the decision and such decision shall be final. If the Hearing Officer determines that the administrative citation should be upheld, then the fine amount on deposit with the Town shall be retained by the Town. In the event a hardship waiver was granted, the Hearing Officer may set a date upon which payment of the fine shall be due, but no later than 30 days from the date the written notice of hearing officer's decision is received. If the Hearing Officer determines that the administrative citation should be cancelled and the fine was deposited with the Town, then the Town shall promptly refund the amount of the deposited fine.

(f) Collection of unpaid fines. Failure to pay the assessed administrative fine within 30 days and that which has not been successfully challenged by a timely appeal may result in the matter being referred for collection, which may include, but is not limited to, the filing of a court action.

(g) Right to judicial review. Any person who is aggrieved by the decision of the Hearing Officer may obtain judicial review of such decision by filing an appeal to be heard in the Superior Court of California, County of San Bernardino, within 20 days of the decision or service thereof. Such appeal shall be filed in the San Bernardino County Superior Court, 14455 Civic Drive, Victorville, California and shall be completed pursuant to California Government Code § 53069.4. The appeal filed with the court must also contain a proof of service showing a copy of the appeal was served upon "Town of Apple Valley."

(Ord. 388, 10-28-08)

(Ord. No. 507, § 2, 6-11-2019)

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.

Any violation expressly declared to be punishable, in the discretion of the court, by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances:

(a) Where a judgment imposes a punishment or a fine not exceeding $100.00, plus court costs, in the case of a first offense; or

(b) When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or

(c) When the Town Attorney, any Deputy District Attorney or Code Enforcement Officer files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction.

(Ord. 156, 11-14-95; Ord. 302, 10-25-05)

(a) Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $1,000.00, plus court costs, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.

(b) Any person convicted of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than $100.00 plus court costs, for a second conviction within a period of one year by a fine of not more than $200.00 plus court costs, and for a third or any subsequent conviction within a period of one year by a fine of not more than $500.00 plus court costs.

(Ord. 156, 11-14-95)

(Ord. No. 507, § 3, 6-11-2019)

(a) In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code, or any such threatened violation, shall be deemed a public nuisance and may be abated as such by the Town in accordance with applicable statutes.

(b) Also, any such violation or threatened violation as referred to in Subsection (a), or any condition caused or permitted to exist in violation of any of the provisions of any code adopted by reference by this Code, or of the provisions of any other Town ordinance, shall be deemed a public nuisance which may be abated by the Town Attorney in a civil judicial action.

(a) Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.01.250 of this Chapter, or other public nuisance, as defined under State law or other ordinance or regulation, has been given notice, by or on behalf of the Town Attorney or by any other Town officer, employee or policing agent authorized to give such notice, to abate such nuisance, or cease and desist from continuing such nuisance or violation of law, and such person who was given notice fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the Town for any and all costs and expenses to the Town involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed in the said notice.

(b) Costs and expenses, as referred to in Subsection (a) of this Section may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, rent, interest, fees for experts or consultants, legal costs or expenses, including attorney's fees, claims against the Town arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder.

(c) The provisions of Subsection (a) of this Section shall also apply to any person who received a notice, as specified therein, and thereafter the nuisance or violation was abated, but such person subsequently allowed or was responsible for a recurrence of the nuisance or violation.

(d) The liability of any person for the payment of the costs and expenses provided for in Subsection (a) of this Section may be waived in whole or in part by the Town Manager or their designee in any case wherein he or she determines, in his or her sole discretion, that the failure or refusal of such person to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the Town Manager or their designee in this regard shall be final and conclusive.

(e) Moneys due to the Town pursuant to this Section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Government Code § 39574 et seq. relating to weed abatement assessments, provided that the property owner is first issued an invoice that is appealable by the property owner in accordance with Section 2.04.100 of this Code.

(f) In the event the Town incurs attorney fees in any action or proceeding to abate a nuisance under Title 6 or under any other ordinance or Title of the Town of Apple Valley Municipal Code, pursuant to Government Code § 38773.5, attorney fees are recoverable by the prevailing party, in those actions or proceedings in which the Town elects at the initiation of the action or proceeding, to seek recovery of its own attorney fees.

(Ord. No. 507, § 4, 6-11-2019)

The violation of, or the failure or omission to perform in accordance with, any administrative provision of this Code by any officer or employee of the Town shall generally not be considered a criminal act, but may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, commission or board within the meaning of the rules and regulations of the Town, or of the civil service or other personnel regulations of the Town if applicable.

Whenever a notice is required to be given, or may be given, under any provision of this Code or any provision of any code adopted by reference by this Code or any provision of any ordinance or resolution of the Town not included within this Code, such notice may be given as herein provided by an employee authorized to issue such notice or citation under Section 1.08.050 of this Code. Unless different or special provisions are otherwise specifically made in this Code or in some other applicable enactment, any such notice may be given and accomplished as follows:

(a) Personal service. The authorized employee may obtain the signature of the responsible party to establish personal service of the notice or administrative citation. If the responsible party refuses or otherwise fails to sign the notice or administrative citation, the lack of signature shall in no way affect the validity of the notice or citation or the proceedings;

(b) The authorized employee may post the citation by affixing the citation to a surface in a conspicuous place on the property. Conspicuous posting of the citation is not required when personal service is accomplished or when conspicuous posting poses a hardship or is excessively expensive. Failure of a posted notice or administrative citation to remain in place after posting shall in no way affect the validity of the notice or citation or the proceedings; and

(c) In lieu of or in addition to either Subsection (a) or (b), the authorized employee may serve the notice or administrative citation by first class mail as follows:

(1) The notice or administrative citation shall be mailed to the responsible party or property owner(s) by first class mail, postage prepaid, with a declaration of service under penalty of perjury. This method of service must be made by a person who is over the age of 18 and not a party to the action.

(2) A declaration of service shall be made by the person mailing the notice or administrative citation showing the date and manner of service by mail and reciting the name and address of the citation addressee.

(3) The failure of any responsible party to receive a properly addressed notice or administrative citation shall not affect the validity of said notice or citation.

(4) Service of the notice or administrative citation in the manner described above shall be effective on the date of mailing.

(Ord. No. 507, § 5, 6-11-2019)

Proof of giving any notice may be made by the certificate of any officer or employee of this Town or by the affidavit or declaration under penalty of perjury of any person over the age of 18 years, which shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned.

(Ord. 3, 1988)