Ceres Municipal Code Ch. 10 Administrative Civil Penalties

The Council finds that there is a need for an alternative method of enforcement for enforcing more serious violations of this Municipal Code and applicable State codes. The Council further finds that the assessment of civil penalties through an administrative hearing procedure for code violations is a necessary alternative method of code enforcement. The administrative assessment of civil penalties is in addition to any other administrative or judicial remedy established by law which may be pursued to address serious violations of the Municipal Code or applicable State codes.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. Any person violating any provision of the Municipal Code or applicable State code may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in this chapter. Unless otherwise specified, upon a third or subsequent conviction of the same section of any provision of this Code, designated punishable as an infraction, committed within a period of one year, the fourth violation may, at the discretion of the Enforcement Officer or City Attorney, be charged as a misdemeanor punishable by a fine not to exceed $1,000.00 or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. The imposition of these administrative civil penalties shall be imposed in accordance with other provisions of this Code and State law.

B. Each and every day a violation of any provision of the Municipal Code or applicable State code exists constitutes a separate and distinct violation.

C. Civil penalties may be directly assessed in conjunction with a notice and order issued by the Chief of Police or Code Enforcement Officer, or affirmed by a Hearing Officer. Civil penalties assessed shall be collected in accordance with the procedures specified in this title.

D. Civil penalties for violations of any provision of the Municipal Code or applicable State codes shall be assessed at a daily rate determined by the Chief of Police, Code Enforcement Officer, or Hearing Officer pursuant to the criteria listed in section 19.10.040 of this chapter. Except as authorized pursuant to State and Federal laws, the maximum civil penalty shall be $1,000.00 per violation per day with the maximum amount of civil penalties not exceeding $100,000.00 per parcel or structure for any related series of violations in a year.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. Whenever the Chief of Police or Code Enforcement Officer determines that a violation of one or more provisions of the Municipal Code or applicable State codes has occurred or continues to exist, a civil penalty may be issued in conjunction with a notice and order to the responsible person.

B. The notice and order shall refer to all code sections violated and describe how each section is or has been violated.

C. The notice and order shall refer to the dates and locations of the violations.

D. The notice and order shall address the action required to correct the outstanding violations and establish time frames for completion.

E. The notice and order shall establish a daily amount of civil penalties. The Chief of Police or Code Enforcement Officer shall determine the daily amount of civil penalties pursuant to the criteria in section 19.10.040 of this chapter.

F. The notice and order shall identify a date when the civil penalties began to accrue and a date when the assessment of civil penalties ended, unless the violation is continuous. In the case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the notice and order until the violations are corrected.

G. If a Chief of Police or Code Enforcement Officer determines that the violations are continuing, the notice and order shall demand that the responsible person cease and desist from further action causing the violations, or take affirmative action to cease from maintaining or permitting the violation to exist, and commence and complete all action to correct the outstanding violations under the guidance of the appropriate City Departments.

H. The notice and order shall enumerate any other consequences should the responsible person fail to comply with the terms and deadlines as prescribed in the notice and order.

I. The notice and order shall identify appropriate hearing procedures as required by chapter 19.11 of this title.

J. The notice and order shall be served upon the responsible person by any one of the methods of service listed in section 19.01.070 of this title.

K. The notice and order shall identify the factors used by the Chief of Police or Code Enforcement Officer in determining the duration and the daily amount of civil penalties.

L. More than one notice and order may be issued against the same responsible person if it encompasses either different dates or different violations.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. In determining the date when civil penalties started to accrue, a Chief of Police or Code Enforcement Officer may consider the date when the Department first discovered the violations as evidenced by the issuance of a notice of violation or any other written correspondence.

B. The assessment of civil penalties shall end when all action required by the notice and order has been completed.

C. In determining the amount of the civil penalty to be assessed on a daily rate, the Chief of Police or Code Enforcement Officer may consider some or all of the following factors:

1. The duration of the violation;

2. The frequency or recurrence of the violation;

3. The seriousness of the violation;

4. The history of the violation;

5. The responsible person's conduct after issuance of the notice and order;

6. The good faith effort by the responsible person to comply;

7. The economic impact of the penalty on the responsible person;

8. The impact of the violation upon the community;

9. Any other factors that justice may require.

(Ord. No. 2020-1056, § 3, 2-24-2020)

The Chief of Police or Code Enforcement Officer may collect all civil penalties and related administrative costs by the use of all appropriate legal means, including, but not limited to, the recordation of a Code Enforcement Lien pursuant to the procedures set forth in this title. If unable to collect the obligation, the Chief of Police or Code Enforcement Officer may refer the obligation to the City Attorney to file a court action to recover these penalties and costs.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Once payment in full is received for the outstanding civil penalties and costs or the amount is deemed satisfied pursuant to a subsequent administrative or judicial order, the Chief of Police or Code Enforcement Officer shall, within ten days from the date payment is made or decision is final, record a notice of satisfaction with the County Recorder's office. The notice of satisfaction shall include the same information as provided for in the original Code Enforcement Lien. Such notice of satisfaction shall cancel the Code Enforcement Lien.

(Ord. No. 2020-1056, § 3, 2-24-2020)

The Chief of Police, Code Enforcement Officer or Hearing Officer is authorized to assess any reasonable administrative costs. Administrative costs may include scheduling and processing the hearing and all subsequent actions pursuant to sections 19.05.070.

(Ord. No. 2020-1056, § 3, 2-24-2020)

The Chief of Police or Code Enforcement Officer shall request the City Manager to appoint a Hearing Officer and the Chief of Police or Code Enforcement Officer shall establish a date, time and place for the civil penalties hearing in accordance with section 19.10.090 of this title when the responsible person fails to comply with the terms of the notice and order. Failure to comply includes failure to pay the assessed civil penalties, failure to commence and complete corrections by the established deadlines or failure to refrain from continuing violations of the Municipal Code or applicable State codes.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. The procedures for the civil penalties hearing are the same as the hearing procedures set forth in chapter 19.11 of this title.

B. The Hearing Officer shall only consider evidence that is relevant to the following issues:

1. Whether the responsible person has caused or maintained a violation of the Municipal Code or applicable State code that existed on the dates specified in the notice and order; and

2. Whether the amount of civil penalties assessed by the Chief of Police or Code Enforcement Officer pursuant to the procedures and criteria outlined in section 19.10.040 was reasonable.

(Ord. No. 2020-1056, § 3, 2-24-2020)