Chico Municipal Code Art. I General Provisions

This chapter is adopted pursuant to the municipal affairs provision of the city charter to establish procedures for obtaining compliance in the correction of violations of this code through the recordation of notices of non-compliance.

(Ord. 2419§1)

This chapter provides for the recordation of notices of non-compliance in addition to all other civil and criminal remedies which may be pursued by the city to address violations of this code. The use of this chapter shall be at the sole discretion of the city.

(Ord. 2419§1)

As used in this chapter:

A. “Director” means the community development director.

B. “Enforcement officer” means any city code enforcement officer authorized to enforce the provisions of this code.

(Ord. 2419§1)

If the director determines that there is a violation of any building, electrical, plumbing, or zoning regulations set forth in this code, or any violation of Title 16, 16R, or 19 of this code, the director may issue a written warning of non-compliance to the owner(s) of the real property upon which the violation exists. The warning of non- compliance shall contain the following:

A. The date when and location where the violation was observed;

B. The name of the enforcement officer who observed the violation;

C. The section of this code violated and a description of the violation;

D. The actions required to correct the violation;

E. Notice that unless the violation is corrected within 30 days from service of the warning of non-compliance then a notice of non-compliance may be recorded by the director in the real property records of the County of Butte;

F. Notice that if a notice of non-compliance is recorded, no permits, licenses, or other entitlements involving the property upon which the violation exists shall be issued during the time that the property remains in violation of this code pursuant to section 1.16.080 of this chapter, except for those permits, licenses or other entitlements required to correct the violation;

G. Notice that if a notice of non-compliance is recorded then a notice of compliance may be subsequently recorded by the director after the violation has been corrected pursuant to section 1.16.090 of this chapter and upon payment of the required fee; and

H. Notice that the owner may request an administrative hearing prior to the recording of the notice of non-compliance pursuant to section 1.16.060 of this chapter.

(Ord. 2419§1,Ord. 2439 §14 )

The warning of non-compliance and all notices authorized or required to be given by this chapter shall be deemed served when either personally delivered to the property owner or when deposited in the United States mail, certified and return receipt requested, addressed to the owner at the owner’s address as it appears on the last equalized or supplemental assessment roll of the County of Butte. Service by mail shall be effective on the date of mailing. The failure of any person to actually receive a warning of non- compliance or notice shall not effect the validity of the warning of non-compliance or notice nor the actions taken pursuant to this chapter.

(Ord. 2419§1)

A. Request for Administrative Hearing. The owner may request an administrative hearing prior to the recordation of the notice of non-compliance by making a written request to the director within 21 days of service of the warning of non- compliance. If a written request is timely made to the director then the notice of non-compliance shall not be recorded unless and until the hearing officer so orders at the conclusion of the administrative hearing.

B. Failure to Request Administrative Hearing. If the owner fails to make a written request to the director for an administrative hearing within 21 days of service of the warning of non-compliance then the director may record the notice of non- compliance in the real property records of the County of Butte.

C. Setting of Administrative Hearing. Administrative hearings shall be held by the hearing officer or officers appointed by the city manager pursuant to section 1.15.170 of this code. Upon receipt of a timely written request for an administrative hearing, the director shall notify the hearing officer, set a date and time for the hearing, and notify the owner in writing of the date, place and time of the hearing not less than 21 days prior to the administrative hearing. The administrative hearing shall be held within a reasonable time.

D. Administrative Hearing Procedure. At the administrative hearing the owner or the enforcement officer may be represented by counsel and may present any relevant evidence regarding the alleged violations of this code specified in the warning of non-compliance. Relevant evidence may include the testimony of the owner, the enforcement officer, or other witnesses, as well as the introduction of documentary evidence. The legal rules of evidence shall not apply to the hearing and the decision of the hearing officer shall be based upon a preponderance of the evidence.

E. Waiver of Personal Appearance. The failure of the owner to appear at the administrative hearing shall constitute a waiver of the owner’s right to be personally present at the administrative hearing and the hearing officer shall decide the matter based upon the evidence presented at the administrative hearing. If the owner does not attend the administrative hearing, the owner may, prior to the hearing date, submit documentary evidence regarding the alleged violations for consideration by the hearing officer.

F. Attendance of Enforcement Officer. The enforcement officer who observed the alleged violations contained in the warning of non-compliance may, but is not required to, attend the administrative hearing. If the enforcement officer does not attend the administrative hearing, the enforcement officer may, prior to the hearing date, submit documentary evidence regarding the alleged violations for consideration by the hearing officer.

G. Continuation of Administrative Hearings. The hearing officer may continue the administrative hearing by his or her own action or upon reasonable request of either the owner or the enforcement officer.

H. Hearing Officer’s Decision. After considering all of the evidence presented at the administrative hearing, the hearing officer shall issue a written decision as to whether a violation of this code exist as alleged in the warning of non- compliance. If the hearing officer determines that a violation exists as alleged in the warning of non-compliance then the hearing officer shall also order that a notice of non-compliance be recorded by the director within ten days from the date of decision in the real property records of the County of Butte. If the hearing officer determines that no violations exist as alleged in the warning of non- compliance, however, then the hearing officer shall order that no notice of non- compliance be recorded. The hearing officer is not authorized to make any other orders. The hearing officer shall issue his or her decision within a reasonable time and a copy of the hearing officer’s decision shall be served upon the owner. The decision of the hearing officer is final and not subject to appeal.

(Ord. 2419§1)

If a notice of non-compliance is recorded pursuant to the decision of the hearing officer, the notice of non-compliance shall include the following:

A. The assessor’s parcel number of the real property upon which the violation exists;

B. A legal description of the property;

C. The section of this code violated and a description of the violation;

D. The date of the violation;

E. The actions necessary to correct the violation;

F. The date and manner of service of the warning of non-compliance;

G. Notice that permits, licenses and other entitlements involving the property will not be issued during the time the violation exists, pursuant to section 1.16.080 of this chapter, except for those permits, licenses or other entitlements required to correct the violation; and

H. The date of the administrative hearing and date of decision of the hearing officer.

(Ord. 2419§1)

Upon recordation of a notice of non-compliance, no permits, licenses or other entitlements involving the property upon which the violation exists shall be issued during the time the property remains in violation of this code except for those permits, licenses or other entitlements required to correct the violation.

(Ord. 2419§1)

Upon completion of all work to correct the violations of this code specified in the recorded notice of non-compliance to the satisfaction of the director, and upon payment of a fee by the owner as established by resolution of the city council to collect the cost of recording the notice of non-compliance, to conduct an inspection to ensure compliance with this code, and to collect the cost of recording the notice of compliance, the director shall record a notice of compliance in the real property records of the County of Butte within 30 days. The notice of compliance shall include reference to the notice of non- compliance, including the notice of non-compliance document recording number and the date of recording of the notice of non-compliance, and shall affirmatively state that all violations of this code contained in the notice of non-compliance have been corrected.

(Ord. 2419§1)

Any violation of this code that exists on any real property as identified in a recorded notice of non-compliance is hereby declared to be a public nuisance and may be abated pursuant to chapter 1.14 of this code.

(Ord. 2419§1)