Chino Hills Municipal Code Ch. 1.40 Issuance and Recordation of Notices of Violation

The City Council finds that there is a need to give notice of pending enforcement actions to persons who may subsequently acquire title to the subject real property. Providing such notice through the recordation of a notice of violation protects consumers and provides the city with a valuable code enforcement tool that can help ensure the violations will be corrected. 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 Chino Hills Municipal Code or applicable state laws. Notwithstanding the above, this chapter does not apply to violations of Title 15, which have separate procedures for recording violations.

(Ord. No. 422, § 3, 9-23-2025)

A. Whenever the City Manager, Assistant City Manager, Community Development Director, Code Enforcement Officer, designee, or other official designated to enforce provisions of the Municipal Code or state law that pertain to the use and/or development of real property (hereinafter collectively referred to as the "Enforcement Official") determines that a violation of the Chino Hills Municipal Code (excluding Title 15 of this Code) or applicable state law pertaining to real property exists, the Enforcement Official may issue a notice of violation to the property owner and/or occupant(s), hereinafter collectively referred to as the "responsible person." The notice of violation shall include sufficient information to provide reasonable notice of activities or conditions constituting violations of this code or applicable state law, and actions necessary to correct the violations.

B. The notice to abate violation shall include the following information:

1. The name of the responsible person;

2. The name of the property owner of record, if different from the responsible person;

3. The address of the subject property;

4. The law or code section(s) violated;

5. A description of the conditions that violate the applicable laws/codes;

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

7. A specific date by which the listed corrections must be completed;

8. Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline, including, but not limited to, criminal prosecution, civil injunction, administrative abatement, imposition of civil penalties, revocation of permits, recordation of the notice of violation, imposition of costs and fees, and withholding of future city permits; and

9. A description of the procedure for appealing the notice of violation, including applicable time limitations.

C. The notice of violation shall be served by personal service; certified mail postage prepaid, return receipt requested; or by posting the notice conspicuously on or in front of the property. Notice provided by mail shall be sent to the address of the owner as shown on the last equalized assessment roll and, if different, to the property address. If notice is provided by certified mail, a duplicate notice shall be provided by regular mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail. Mailed notice shall be completed at the time of deposit in the United States Mail ("U.S. Mail").

(Ord. No. 422, § 3, 9-23-2025)

A. Whenever the Enforcement Official has issued a notice of violation and the property remains in violation after the deadline established in the notice, the Enforcement Official shall issue to the responsible person a notice of intent to record a notice of violation. The notice of intent shall include a copy of the notice of violation and shall advise of the intent to record the notice of violation in accordance with the provisions of this chapter unless the matter is timely appealed and a determination made by the hearing officer that the alleged violations do not exist and/or the notice of violation is not legally justified.

B. The notice of intent shall be served by personal service; certified mail postage prepaid, return receipt requested; or by posting the notice conspicuously on or in front of the property. If notice is provided by certified mail, a duplicate notice shall be provided by regular mail. Notices provided by mail shall be sent to the address of the owner as shown on the last equalized assessment roll and, if different, to the property address. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail. Mailed notice shall be completed at the time of deposit in the U.S. Mail. The Enforcement Official may, but shall not be obligated to, send a courtesy copy of the notice of intent to any financial institution with a legal interest in real property.

(Ord. No. 422, § 3, 9-23-2025)

A. Once the Enforcement Official has issued a notice of violation to a responsible person and the property remains in violation after the deadline established in the notice of violation, the Enforcement Official may record a notice of violation with the county recorder's office, provided that prior to recording a notice of violation, the Enforcement Official has issued to the responsible person a notice of intent to record a notice of violation and the right to an administrative appeal as established by this chapter has been exhausted.

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

(Ord. No. 422, § 3, 9-23-2025)

A. The responsible person and/or property owner may, within fifteen (15) calendar days of the date of service of a notice of intent to record a notice of violation, file a written appeal to contest the recording of a notice of violation pursuant to the procedures outlined in this chapter. The responsible person and/or property owner shall be responsible for paying the appeal fee as set by resolution of the City Council. The appeal must be filed with the City Clerk on the form provided by the City. The appeal must be received by the City Clerk within the aforementioned fifteen (15) calendar day period and be accompanied by the required fee. If the fee is not paid, the appeal request is not considered complete.

B. Upon receipt of the written appeal, the Enforcement Official shall schedule a hearing pursuant to the procedures set forth in this chapter. The purpose of the hearing is to address whether violations of the Municipal Code or state law are reasonably shown to exist on the subject property so as to justify the issuance and recording of a notice of violation.

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

D. If an appeal is not timely filed, the Enforcement Official may proceed with the recording of the notice of violation if the violations remain.

(Ord. No. 422, § 3, 9-23-2025)

A. The appeal shall be heard by an independent hearing officer designated by the City Manager. The City Manager may designate a hearing officer by appointment or by contract.

B. The City will give written notice to the appellant of the time, date, and location of the hearing on the appeal. The hearing will be held not less than fifteen (15) days nor more than sixty (60) days after the filing of the appeal. Notice of the hearing must be provided to the appellant by regular mail not less than ten (10) days prior to the hearing. The hearing officer may continue the hearing from time to time.

C. At the time set for the hearing, the hearing officer will conduct the hearing to determine:

1. Whether the conditions listed in the notice of violation exist and constitute violations of the Municipal Code or applicable state codes;

2. Whether the Enforcement Official afforded the responsible person with due process by adhering to the notification procedures specified in this chapter; and

3. Whether the property owner was given a reasonable opportunity to correct the violations.

D. The appeal hearing shall be informal in nature and formal rules of evidence and discovery will not apply. The City has the burden of proof at the appeal hearing to establish the existence of a violation of this code or applicable state code, or to establish the existence of a public nuisance. The standard of proof in deciding the issues at the appeal hearing is a preponderance of the evidence standard. Each party may appear at the hearing and present oral and written evidence. Evidence may include, without limitation, witness testimony, documents, photographs, or other similar evidence. All evidence presented must be relevant and material to the issues outlined in this section. Each party will have the opportunity to cross-examine witnesses.

E. Within fifteen (15) days of the conclusion of the hearing, the hearing officer shall issue a written decision. The hearing officer shall give written notice of the decision to the appellant by regular mail.

F. The hearing officer's decision will be deemed served and final as of the third day after it is deposited in the U.S. Mail, postage prepaid. The hearing officer's decision is final and there is no right to appeal to the City Council. The notice of decision shall notify the appellant of the right to seek judicial review of the hearing officer's decision pursuant to Code of Civil Procedure Section 1094.5.

G. Judicial review of the hearing officer's decision may be had by filing a petition for writ of mandate in accordance with the provisions of California Code of Civil Procedure Section 1094.5. Any such petition must be filed within ninety (90) days after the day the decision becomes final, as provided in California Code of Civil Procedure Section 1094.6.

H. If the hearing officer affirms the Enforcement Official's decision, the Enforcement Official may proceed to record the notice of violation if no petition for writ of mandate is filed within 90 days after the decision becomes final. If the hearing officer determines that recordation is improper, the hearing officer shall invalidate the Enforcement Official's decision to record the notice of violation.

(Ord. No. 422, § 3, 9-23-2025)

A copy of the recorded notice of violation shall be served by personal service; certified mail postage prepaid, return receipt requested; or by posting the notice conspicuously on or in front of the property. Simultaneously, a copy of the recorded notice shall be sent by regular mail.

(Ord. No. 422, § 3, 9-23-2025)

A. When the violations listed on the notice of violation have been corrected, the responsible person or property owner may file with the Enforcement Official a written request for a re-inspection of the property to determine compliance with this code and applicable state codes listed in the notice of violation, and for the issuance of a notice of compliance. The request must be filed on a form provided by the city.

B. The responsible person or property owner must pay a fee for the consideration of a notice of compliance. The amount of the fee shall be set by resolution of the City Council.

C. Once the Enforcement Official receives the above request and payment, the Enforcement Official shall re-inspect the property 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.

D. The Enforcement Official shall provide a notice of compliance to the responsible person or property owner if the Enforcement Official determines that:

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

2. All necessary permits have been issued and finalized;

3. Any administrative fines and civil penalties assessed have been paid; and

4. In those cases where a notice of violation has been recorded, the party requesting the notice of compliance has paid an administrative fee to reimburse the city for any administrative costs that were assessed.

E. 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.

F. If the Enforcement Official denies a request to issue a notice of compliance, the Enforcement Official shall serve the responsible person and property owner with a written explanation setting forth the reasons for the denial. The written explanation shall be served by personal service; certified mail postage prepaid, return receipt requested; or by posting the notice conspicuously on or in front of the property. Simultaneously, a copy of the written explanation shall be sent by regular mail.

G. The Enforcement Official's decision denying a request to issue a notice of compliance may be appealed in the same manner and following the same procedures as set out in Section 1.40.050, above, provided however, that the appellant shall bear the burden of proof by a preponderance of the evidence to demonstrate that any violations on the property have been fully and properly abated.

(Ord. No. 422, § 3, 9-23-2025)

For properties where a notice of violation has been recorded, the City may withhold permits for any alteration, repair or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of the real property or the structure: (1) if the notice of intent to record a notice of violation has not been timely appealed; or (2) after a hearing officer on appeal affirms the Enforcement Official's decision to record a notice of violation. The City may thereafter withhold permits until a notice of compliance has been issued by the Enforcement Official. The City may not withhold permits that are necessary to obtain notice of compliance or that are necessary to correct serious health and safety violations.

(Ord. No. 422, § 3, 9-23-2025)

The Enforcement Official shall record or cause to be recorded the notice of compliance 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. 422, § 3, 9-23-2025)