Belvedere Municipal Code Ch. 1.14 Administrative Remedies for Code Violations

ADMINISTRATIVE REMEDIES FOR CODE VIOLATIONS

Sections:

A. This Chapter provides for administrative remedies, which shall be in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code.

• B. The remedies specified in this Chapter shall be at the sole discretion of the City. (Ord. 99-2 § 1, 1999.)

For purposes of this Chapter, “Director” means the City Manager or the head of any City department which is charged with responsibility for enforcement of any provision of this Code. (Ord. 99-2 § 1, 1999.)

A. Whenever the Director determines that a violation of any provision of this Code within the Director’s responsibility is occurring or exists, the Director may issue a written notice entitled “compliance order” to any person responsible for the violation.

• B. A compliance order issued pursuant to this Chapter shall contain the following information:

  1. The date and location of the violation;

  2. The section of this Code violated and a description of the violation;

  3. The actions required to correct the violation;

  4. The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved;

  5. Either a copy of this Chapter of the Municipal Code or an explanation of the consequences of noncompliance with this Chapter and a description of the hearing procedure and appeal process. (Ord. 99-2 § 1, 1999.)

A. All notices required by this Chapter shall be served by mail attested to by a written and signed proof of service.

B. Where real property is involved, written notice shall be mailed to the property owner at the address shown on the last County assessment roll as provided to the City on an annual basis by the County Assessor/Recorder, or to such mailing address as is provided to the City in writing by the property owner.

C. Where service by mail upon the property owner is unsuccessful, a copy of the order shall be conspicuously posted at the property which is the subject of the order.

D. The failure of any person to receive any notice required under this Chapter shall not affect the validity of any proceedings taken under this Chapter. (Ord. 2006-9 § 2, 2006; Ord. 99-2 § 1, 1999.)

A. If the Director determines that all violations have been corrected within the time specified in the compliance order, no further action shall be taken.

B. If full compliance is not achieved within the time specified in the compliance order, the Director shall advise the City Clerk to set a hearing before the City Council.

C. The City Clerk shall cause a written notice of hearing to be served on the violator and, where real property is involved, a notice of hearing shall be served on the property owner at the address as it appears on the last County assessment roll available on the date the notice is prepared. (Ord. 99-2 § 1, 1999.)

A. Every notice of hearing on a compliance order shall contain the date, time and place at which the hearing shall be conducted by the City Council.

B. Each hearing shall be set for a date not less than fifteen days nor more than sixty days from the date of the notice of hearing unless the Director determines that the matter is urgent or that good cause exists for an extension of time.

C. This hearing shall constitute full opportunity for a person subject to a compliance order to object to the determination that a violation has occurred and/or that the violation has continued to exist. The failure of any person subject to a compliance order, pursuant to this Chapter, to appear at the hearing shall constitute a failure to exhaust administrative remedies. (Ord. 99-2 § 1, 1999.)

A. At the place and time set forth in the notice of hearing, the City Council shall conduct a hearing on the compliance order issued pursuant to Section 1.14.030.

B. The City Council shall consider any written or oral evidence consistent with its rules and procedures regarding the violation and compliance by the violator or by the real property owner.

C. Within a reasonable time following the conclusion of the hearing, the City Council shall make findings and issue its determination regarding:

1. The existence of the violation;

2. The failure of the violator or owner to take required corrective action within the required time period.

D. The City Council shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing.

E. If the City Council finds that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the City Council shall issue an administrative order pursuant to Section 1.14.080.

F. If the City Council finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the City Council shall issue a finding as to those facts. (Ord. 99-2 § 1, 1999.)

If the City Council determines that a violation occurred which was not corrected within the time period specified in the compliance order, the City Council shall issue an administrative order which imposes any or all of the following:

• A. An order to correct, including a schedule for correction where appropriate;

• B. Administrative penalties as provided in Section 1.14.090;

• C. Administrative costs as provided in Section 1.14.100. (Ord. 99-2 § 1, 1999.)

A. The City Council may impose administrative penalties for the violation of any provision of this Code in an amount not to exceed a maximum of one thousand dollars per violation, except that the total administrative penalty shall not exceed two hundred thousand dollars—exclusive of administrative costs, interest and restitution for compliance reinspections—for any related series of violations.

B. In determining the amount of the administrative penalty, the City Council may take any or all of the following factors into consideration:

1. The duration of the violation;

2. The frequency, recurrence and number of violations, related or unrelated, by the same violator;

3. The seriousness of the violation;

4. The good faith efforts of the violator to come into compliance;

5. The economic impact of the penalty on the violator;

6. The impact of the violation on the community;

7. Such other factors as the Council may require.

• C. Administrative penalties imposed by the City Council shall accrue from the date of the violation specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the Director or the City Council.

D. The City Council, in its discretion, may suspend the imposition of applicable penalties for any period of time during which:

1. The violator has filed for necessary permits; and

2. Such permits are required to achieve compliance; and

   3. Such permit applications are actively pending before the City, State or other appropriate governmental agency.

• E. Administrative penalties assessed by the City Council shall be due and paid by the date specified in the administrative order.

• F. If the violation is not corrected as specified in the City Council’s order to correct, pursuant to Section 1.14.080(A), administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in Subsection A of this Section.

G. If the violator gives written notice to the Director that the violation has been corrected and if the Director finds that compliance has been achieved, the Director shall deem the date the written notice was postmarked or personally delivered to the Director or the date of the final inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to the Director, the violation will be deemed corrected on the date of the final inspection. (Ord. 2013-2 § 5, 2013; Ord. 99-2 § 1, 1999.)

A. The City Council shall assess administrative costs against the violator when it finds that a violation has occurred and that compliance has not been achieved within the time specified in the compliance order.

B. The administrative costs may include any and all costs incurred by the City in connection with the matter including, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, and costs for all reinspections necessary to enforce the compliance order. (Ord. 99-2 § 1, 1999.)

Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the City Council may be enforced as:

• A. A personal obligation of the violator; and/or

• B. If the violation is in connection with real property, a lien upon the real property. The lien shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full. (Ord. 99-2 § 1, 1999.)

Any person aggrieved by an administrative order of the City Council may obtain review of the administrative order in the Superior Court by filing with the court a petition for writ of mandate. (Ord. 99-2 § 1, 1999.)

The City may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien pursuant to Section 1.14.160. (Ord. 99-2 § 1, 1999.)

If the Director determines that compliance has been achieved after a compliance order has been sustained by the City Council, the Director shall file a report indicating that compliance has been achieved. (Ord. 99-2 § 1, 1999.)

A. If the Director does not file a report pursuant to Section 1.14.140, a violator who believes that compliance has been achieved may request a compliance hearing before the City Council by filing a request for a hearing with the secretary to the City Council.

B. The hearing shall be noticed and conducted in the same manner as a hearing on a compliance order provided in Sections 1.14.060 through 1.14.070 of this Chapter.

• C. The City Council shall determine if compliance has been achieved and, if so, when it was achieved. (Ord. 99-2 § 1, 1999.)

A. Whenever any administrative penalty and/or administrative cost is finally imposed under this Code, the City Clerk may, prior to creation of a lien as provided in this Section, record with the County Recorder a notice that the penalties and/or costs have been assessed, and of the City’s authority and intention to record a lien against the real property if such penalties and costs are not timely paid. Such notice shall identify the record property owners, and the date and amount of administrative penalties and/or administrative costs imposed against the property owner.

B. Whenever the amount of any administrative penalty and/or administrative cost imposed by the City Council pursuant to this Chapter in connection with real property has not been satisfied in full within 90 days or within such other time period as may be specifically required by this Code or by order of the City Council, and/or has not been successfully challenged by a timely writ of mandate, this obligation shall constitute a lien against the real property on which the violation occurred.

• C. Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law.

D. Prior to recording any such lien, the City Manager shall prepare and file with the City Clerk a report stating the amounts due and owing.

E. The City Clerk shall fix a time, date and place for hearing such report and any protests or objections thereto by the City Council.

F. The City Manager shall cause written notice to be served on the property owner not less than ten days prior to the time set for the hearing. Such notice shall be served as provided in Section 1.14.040. (Ord. 2013-2 § 6, 2013; Ord. 2006-4 § 2, 2006; Ord. 2004-2 § 2, 2004; Ord. 99-2 § 1, 1999.)

A. Any person whose real property is subject to a lien pursuant to Section 1.14.160 may file a written protest with the City Clerk and/or may protest orally at the City Council meeting.

B. Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection.

C. The City Council, after the hearing, shall adopt a resolution confirming, discharging or modifying the amount of the lien. (Ord. 99-2 § 1, 1999.)

A. Following the adoption of a resolution by the City Council imposing a lien, the City Clerk shall file the same as a judgment lien in the office of the County Recorder of Marin County, California. The lien may carry such additional administrative charges as set forth by resolution of the City Council.

B. In addition to the foregoing, the City Clerk may file a certified copy of the City Council’s resolution in the office of the County Treasurer-Tax Collector, whereupon it shall be the duty of the County Treasurer-Tax Collector to add the unpaid amount as a special assessment to the next regular tax bills levied against the property for municipal purposes. Thereafter the amounts shall 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 under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

C. The lien provided in this Chapter shall have no force and effect until recorded with the County Recorder. Once recorded, the resolution shall have the force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure. (Ord. 2013-2 § 7, 2013; Ord. 99-2 § 1, 1999.)

Once payment in full is received by the City for outstanding penalties and costs, the City Manager shall either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record this notice with the office of the county recorder. Such notice of satisfaction shall cancel the City’s lien. (Ord. 99-2 § 1, 1999.)