Ceres Municipal Code Ch. 04 Code Enforcement—administrative Provisions

The procedures established in this title shall be in addition to criminal, civil, or any other legal remedy established by law which may be pursued to address violations of this Code and applicable State codes.

(Ord. No. 2020-1056, § 3, 2-24-2020)

The Community Development Director, Code Enforcement Officers, Chief of Police and other City Directors or their designated agents have the authority and powers necessary to determine whether a violation of the code exists and the authority to take appropriate action to gain compliance with the provisions of the Municipal Code and applicable State codes. These powers include the power to issue notices of violation, administrative citations, notice and orders, and civil penalties, the power to inspect public and private property and use the administrative remedies which are available under the Municipal Code, Uniform Codes or applicable State codes.

(Ord. No. 2020-1056, § 3, 2-24-2020)

If a City Manager, Chief of Police or a Code Enforcement Officer has reasonable grounds to suspect a violation of this Code of any property or premises, the Officer may only enter the premises for the purpose of investigating the possible violation(s), with the permission of the owner or occupant of the property or premises. If an owner, occupant, or other agent of the property or premises refuses permission for the Officer to enter, the Officer must seek an administrative inspection warrant pursuant to the procedures provided for in the California Code of Civil Procedure.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. The Council finds there is a need to recover costs incurred by the City in its code enforcement efforts including time spent by City personnel inspecting and re-inspecting properties throughout the City, preparing and posting the various notices that are required under this Code whenever a property is found to be in violation of a mandatory provision, processing a case file, towing inoperative vehicles, obtaining inspection warrants, and preparing for and appearing at administrative hearings, which procedures all become necessary when a responsible person fails to voluntarily correct code violations on his or her property. These additional code enforcement efforts are not usually undertaken or employed until after a responsible person has failed to respond on a voluntary basis to notices and/or warnings from the City or volunteers.

B. The Council further finds the assessment of fees for the services listed in subsection A of this section, are an appropriate method to recover costs incurred for the additional work that is undertaken by City Staff when a responsible person fails to voluntarily correct code violations on his or her property in a timely manner. The assessment and collection of these code enforcement fees shall not preclude the imposition of, and shall be in addition to, any administrative or judicial civil penalties or fines for violations of the Municipal Code or applicable State codes.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Whenever a Code Enforcement Officer or designated staff inspects, reinserts processes a case file, prepares and posts a notice of intent to abate, a notice of violation, notice to vacate, notice and order of demolition, abandoned vehicle abatement notice, seeks and obtains an inspection warrant, prepares for and appears at an administrative hearing, or any other action as may be hereinafter designated by resolution of the Council, for which an action has been initiated to obtain compliance with the applicable municipal and State code, a Director or Code Enforcement Officer shall assess the appropriate code enforcement fee against the responsible person.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A code enforcement fee schedule shall be established and revised as necessary by the City Council to reflect current costs. The code enforcement fee schedule shall be filed in the City Clerk's office.

(Ord. No. 2020-1056, § 3, 2-24-2020)

No fee shall be charged if any of the following circumstances exist:

A. A notice of compliance has been issued;

B. It is determined that the previously identified responsible person has not caused the code violation;

C. The responsible person fully complies with any violation notice or warning before the first inspection by code enforcement staff.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. Where the assessment of code enforcement fees is authorized under this chapter, the Director or Code Enforcement Officer shall provide the responsible person with a written notice assessing code enforcement fees. The written assessment shall contain the following information:

1. The amount of fees charged; and

2. The corresponding dates when code enforcement action took place; and

3. A deadline by which the code enforcement fee must be paid.

B. Notification of the code enforcement fee assessment shall be provided to the responsible person by any of the means outlined in section 19.01.070 of this Code.

C. Code enforcement fees may be assessed as part of any judicial or administrative enforcement action as provided for in this title.

D. Code enforcement fees collected pursuant to this title shall not be duplicated in any other action to recover these identical costs.

E. The failure of any responsible person to receive notice of the code enforcement fees shall not affect the validity of any fees imposed under this title.

(Ord. No. 2020-1056, § 3, 2-24-2020)

The City shall collect the assessed code enforcement and late fees by the use of all appropriate legal means, including but not limited to referral to the Finance Department for collection or assessment against the property.

(Ord. No. 2020-1056, § 3, 2-24-2020)