Ceres Municipal Code Ch. 05 Administrative Enforcement—notice of Violation

Whenever it is determined that a violation related to building, structures, or zoning, of the Municipal Code or applicable State codes exists, the Chief of Police or Code Enforcement Officer may issue a notice of violation to the responsible person(s). Such notice shall serve as a written warning of responsibility and required action by the responsible person to abate the violation. The notice of violation shall include the following information:

A. The name of the responsible party;

B. The name of the owner, if different from the responsible person;

C. Street address;

D. The code sections in violation;

E. A description of the conditions which violate the applicable codes;

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

G. A deadline or specific date to correct the violations listed in the notice of violation, unless the violation constitutes an immediate hazard to the public health, safety, or welfare or materially interferes with public travel or passage, in which case the notice of violation may require immediate compliance;

H. A list of the potential consequences for failure to comply with the Notice including, but not limited to criminal prosecution, civil injunction, administrative abatement, administrative citations, civil penalties, revocation of permits, recordation of the notice of violation and withholding of future municipal permits.

I. Information regarding appeals, including:

1. Any person having any record title or legal interest in the parcel of land or responsible person may appeal from the notice of violation to the Hearing Officer pursuant to section 19.11.080 of this Code; and

2. Failure to submit an appeal pursuant to section 19.11.080 of this Code to will constitute a waiver of all rights to an administrative hearing and determination of that matter.

(Ord. No. 2020-1056, § 3, 2-24-2020)

The Council finds that there is a need to give notice of pending enforcement actions to persons who may subsequently acquire the property as a means by which to ensure the violations will be corrected. An appropriate method to accomplish this is through the issuance and recordation of notices of violation.

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

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. Once a Chief of Police or Code Enforcement Officer has issued a notice of violation to the responsible person and the property remains in violation after the deadline established in the notice of violation, a notice of violation may be recorded with the Stanislaus County Recorder's Office.

B. Before recordation, a Chief of Police or Code Enforcement Officer shall provide to the responsible person a Notice of Intent to Record stating that a notice of violation will be recorded unless a written request to appeal this action is received pursuant to the procedures outlined in this title. The letter shall be served in accordance with the methods set forth in section 19.01.070.

C. If a written request to appeal is not received within the time frame specified, the Director or Code Enforcement Officer may thereafter cause the notice of violation to be recorded, if the violations remain.

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

E. Any costs associated with recording and removal may be assessed against the property as provided for herein.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A copy of the recorded notice of violation shall be mailed to the responsible person and to the property owner and/or any other persons who have requested copies of such notices pursuant to any of the methods of service set forth in section 19.01.070 of this Code.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. An appeal of the notice of intent to record the notice of violation shall follow the procedures set forth in section 19.11.080 through 19.11.140.

B. Upon receiving a written appeal, the Chief of Police or Code Enforcement Officer shall schedule a hearing pursuant to the procedures set forth in chapter 19.11. The purpose of the hearing is for the responsible person or property owner to state any reasons why a notice of violation should not be recorded.

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

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. At the appeal hearing, the Hearing Officer shall only consider evidence that is consistent with the City Manager's rules and procedures for administrative hearings, and that is relevant to the following issues:

1. Whether the conditions listed in the notice of violation violate the Municipal Code or applicable State codes; and

2. Whether the Chief of Police, Code Enforcement Officer or Peace Officer afforded the responsible person with due process by adhering to the notification procedures specified in this chapter.

B. If the Hearing Officer affirms the decision to record the notice of violation, the Chief of Police, Code Enforcement Officer or Peace Officer may proceed to record the notice of violation.

C. If the Hearing Officer determines that recordation is improper, the Hearing Officer shall invalidate the decision to record the notice of violation.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. When the violations listed on the notice of violation have been corrected, the responsible person or property owner may file with the Chief of Police, or Code Enforcement Officer a written request for a notice of compliance on a form provided by the City.

B. Once the request is received, the Chief of Police or Code Enforcement Officer shall reinspect the property within ten days from receipt of the request to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed.

C. The Chief of Police or Code Enforcement Officer shall provide a notice of compliance to the responsible person or property owner if a determination is made that:

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

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

3. All administrative fines or civil penalties have been paid; and

4. The party requesting the issuance of the notice of compliance has paid an administrative fee to reimburse the City for all administrative costs.

D. Administrative costs may include costs incurred in the investigation, inspection, reinspection, title search, appeal hearing, and any other processing costs associated with the violations specified on the notice of violation,

E. If the Chief of Police or Code Enforcement Officer denies a request to issue a notice of compliance, the Chief of Police or Code Enforcement Officer shall serve the requesting party, the responsible person and the property owner with a written explanation within five days from the inspection setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service listed in section 19.01.070 of this Code.

F. The decision denying a request to issue a notice of compliance constitutes the final decision in the matter and is not appealable.

(Ord. No. 2020-1056, § 3, 2-24-2020)

For properties where a notice of violation has been recorded, the City may withhold permits for repair, construction and/or alteration on the affected property until a notice of compliance has been issued. The City may not withhold permits which are necessary to obtain a notice of compliance or which are necessary to correct serious health and safety violations.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Any notice of compliance approved and issued by the City shall be recorded with the County Recorder's Office. The recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation.

(Ord. No. 2020-1056, § 3, 2-24-2020)