Chula Vista Municipal Code Ch. 1.41 Administrative Remedies

Sections:

A. It is the purpose and intent of the City Council to establish administrative remedies for obtaining prompt compliance in the correction of both major and minor violations of the Chula Vista Municipal Code and state law. Conditions in violation of the Municipal Code or state law which affect conditions upon or uses of real property within the City of Chula Vista are hereby designated nuisances.

B. Each day a violation exists on real property is a continuing and additional violation, and all remedies, penalties and assessments are cumulative.

C. The remedies established in and through this Chapter may cross reference, consolidate or incorporate by reference, as applicable, enforcement methods established elsewhere in this code, in order to create a uniform process for prompt code compliance, administrative due process and effective enforcement.

D. Various steps or procedures under this chapter may require notice and a hearing pursuant to Chapter 1.40 CVMC. When appropriate, notice and hearing requirements for separate administrative actions may be consolidated.

E. The City Manager, any Director and the City Attorney are each authorized to utilize and initiate the remedies established in this Chapter and Chapters 1.30 and 1.40 CVMC.

F. The remedies in CVMC Title 1 may be used as a supplement to criminal or judicial enforcement action, or both, or in lieu thereof. Selection of one method shall not preclude the use of any other method or combination of methods when appropriate.

G. The terms “abatement,” “City Manager,” “code enforcement officer,” “Director,” “nuisance,” and “responsible party” are as defined in CVMC 1.04.010. (Ord. 3623 § 1, 2026; Ord. 2718 § 3, 1998).

(Ord. 3623 § 1, 2026; Ord. 2718 § 3, 1998).

A. A code enforcement officer is authorized to serve a notice of violation upon a responsible party for any violation of the Municipal Code. The notice of violation will describe the violation, the dates and location of the violation, the applicable code section(s), the corrective action required and a date for compliance reinspection. The responsible party will be advised that a reinspection fee (CVMC 1.41.060) will be imposed for a second and all subsequent reinspection if compliance is not voluntarily obtained, and that an administrative citation, civil penalty, or any other remedy may also be imposed until the property is brought into compliance. The responsible party will be allowed a reasonable amount of time to correct a violation. Typical compliance times may range between 10 and 30 calendar days dependent upon the nature of the violation(s). Immediate corrections may be required for violations that are easily corrected or present an imminent risk to health and safety. A code enforcement officer may extend the compliance time frame if appropriate. The notice of violation will inform the responsible party of the potential costs and consequences that may be imposed if voluntary compliance is not obtained within the time prescribed. If the violation is corrected in accordance with the terms of the notice of violation, no costs or charges will be imposed.

B. Service of a notice of violation is effective upon delivery or mailing pursuant to this section. Failure or refusal to sign does not invalidate the notice of violation and subsequent proceedings.

C. The property will be reinspected for compliance. If the responsible party refuses to allow inspection, after a reasonable demand, the code enforcement officer may obtain an inspection warrant pursuant to Code of Civil Procedure Section 1822.50. Failure of the responsible party to allow inspection may result in a separate criminal violation for the failure to allow inspection (CCP Section 1822.57). (Ord. 3623 § 1, 2026; Ord. 2718 § 3, 1998).

A. Whenever a violation on real property remains uncorrected after a notice of violation has been issued, a copy of the notice of violation may be recorded by the Director of Development Services or designee in the real property records of San Diego County if the following prerequisites are met:

1. A violation has remained uncorrected on the property for at least 30 calendar days following service of the notice of violation;

2. The property owner, if not the responsible party, has been notified of the prospective recordation and been offered the opportunity to correct the violation;

3. The property owner and all of the responsible parties have been notified that development permits shall be withheld during the time the property remains in violation pursuant to CVMC 1.41.050, except for those permits that are necessary to bring the property into compliance; and

4. The responsible party and the property owner have been noticed and offered a hearing pursuant to Chapter 1.40 CVMC to contest the proposed corrective action and the proposed recordation.

B. The Director of Development Services or designee is authorized to record the notice of violation pursuant to this section upon issuance of the final order.

C. Cancellation of Recordation. The Director of Development Services or designee shall issue to the property owner and other responsible parties a signed notice of compliance which states on its face that it cancels the notice of violation once all violations have been corrected and any administrative penalties, costs and fines involved in the enforcement process have been paid. The notice of compliance shall be recorded by the Director of Development Services or designee if the notice of violation was recorded. (Ord. 3623 § 1, 2026; Ord. 2718 § 3, 1998).

After a notice of violation has been recorded against the property pursuant to CVMC 1.41.040, the Director of Development Services or designee shall withhold the issuance of any permits for development as allowed by law upon that property, save for those permits necessary to correct the violation(s). A party whose permits are to be withheld shall be noticed as part of the recordation process pursuant to CVMC 1.41.040 and offered a hearing pursuant to Chapter 1.40 CVMC in which to contest this decision. (Ord. 3623 § 1, 2026; Ord. 2718 § 3, 1998).

A. Reinspection fees are authorized to recover City costs when excessive time and effort are required to obtain code compliance. Reinspection fees are an appropriate method to recover costs that are disproportionately attributable to recalcitrant responsible parties.

B. After a notice of violation, administrative citation, or any other order is issued by the City which requires corrective action by a responsible party, that party will be notified that it will be liable for any reinspection fees necessary if the condition remains uncorrected. The first inspection following the issuance of the notice of violation, citation or order is considered part of the normal cost of enforcement and will not be charged if the condition is promptly corrected. Otherwise, it will be included as part of the costs of enforcement.

C. Reinspection fees may be collected and enforced as part of the enforcement process or in combination with other administrative proceedings under this chapter, provided the responsible party was notified in advance of its liability for reinspection fees under subsection (B) of this section. Appeals, service of notice and hearing procedures are established in Chapter 1.40 CVMC.

D. Reinspection fees will be charged on the basis of actual staff time utilized for the inspection(s), based upon the master fee schedule. (Ord. 3623 § 1, 2026; Ord. 2718 § 3, 1998).

A. The Director of Development Services or designee is authorized to issue a written cease and desist order upon any person violating a provision of the Municipal Code through which work is being performed without a permit, if required, or in violation of an issued permit. The cease and desist order may be served personally or in accordance with CVMC 1.40.030.

B. It is unlawful for any person to whom a cease and desist order has been served to continue to perform work in violation of the terms of that order.

C. It is unlawful for any responsible party to whom a cease and desist order has been served to continue to perform work or to allow another to continue to perform work in violation of the terms of that order.

D. Prosecution under subsection (B) or (C) of this section does not bar prosecution or administrative enforcement, or both, of the previous underlying violations for any or all days the violation had been in existence, or for the continuance of the underlying violation.

E. The Director of Development Services or code enforcement officer in whose presence a violation of subsection (B) or (C) of this section occurs may arrest the violator without a warrant, and a police officer may accept custody of that arrestee for criminal enforcement processing.

F. The Director may initiate other administrative enforcement and compliance methods in accordance with this chapter and Chapters 1.30 and 1.40 CVMC, as appropriate. (Ord. 3623 § 1, 2026; Ord. 2718 § 3, 1998).

A. The Council finds that there is a need for an alternative method of enforcement for minor violations of the Municipal Code and applicable state codes. The Council further finds that an appropriate method of enforcement for minor violations is an administrative citation program. The procedure established in this section shall be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the Municipal Code or applicable state code.

B. An administrative citation imposing an administrative fine can be issued to a responsible party for violation of a regulatory provision of this code or state law.

C. An administrative citation may be issued in lieu of a Notice of Violation or the initiation of a criminal action for the same violation. Administrative citations are not a prerequisite to any other remedy and need not be issued sequentially.

D. The amount of fine attached to an administrative citation may be imposed for each separate violation of the same code section as follows:

1. Administrative citation fines may be issued in the following amounts: $250.00, $500.00, $1,000, or $1,500.

2. In determining the amount of the fine to be imposed, the issuing officer should consider the following factors:

   • a. Duration of the violation;

   • b. Frequency or occurrence of the violation;

   • c. Seriousness of the violation in relation to its threat or impact upon public health, welfare or safety;

   • d. History of the violations;

   • e. Activity taken by the responsible party to obstruct or interfere with correction of the problem;

   • f. Good faith or bad faith efforts by the responsible party to comply;

   • g. The impact of the violation on the surrounding properties and community;

   • h. The financial ability of the responsible party to correct the violation in a timely fashion.

3. Except, if a violation is determined or designated to be an infraction in the Municipal Code, then the penalties are as follows:

   • a. A fine not exceeding $100.00 for a first violation.

   • b. A fine not exceeding $200.00 for a second violation of the same ordinance within one year.

   • c. A fine not exceeding $500.00 for each additional violation of the same ordinance within one year.

4. Notwithstanding any other law, a violation of local building and safety codes determined or designated to be an infraction is punishable by the following:

   • a. A fine not exceeding $130.00 for a first violation.

   • b. A fine not exceeding $700.00 for a second violation of the same ordinance within one year.

   • c. A fine not exceeding $1,300 for each additional violation of the same ordinance within one year of the first violation.

• i. A fine not exceeding $2,500 for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

5. Issuance of an administrative citation and payment of the administrative fine does not excuse compliance and corrective action regarding the violations. Although continuing violations of the Municipal Code are separate offenses, the responsible party shall be allowed a reasonable time of not more than 10 calendar days in which to correct the violation before a second or subsequent administrative citation may be issued.

   6. A responsible party may request administrative review of an administrative citation pursuant to Chapter 1.40 CVMC.

• E. The administrative citation shall contain the following information:

  1. Date of the violation;

  2. Address and location of violation;

3. Description of violation;

4. Applicable codes and statutory sections violated;

5. Corrective action required;

6. An order to bring the violation into compliance;

7. Notice of the fines to be imposed;

8. A date, not less than 20 calendar days, by which payment of the fine must be made;

9. Location and acceptable methods for payment;

10. Notification that payment does not excuse correction of the violation;

11. Notice of right to request review pursuant to Chapter 1.40 CVMC.

F. A party filing a timely request for review pursuant to Chapter 1.40 CVMC shall post a deposit with the Director of Development Services or designee. Enforcement of the administrative fine shall be stayed pending the decision of a hearing examiner if a hearing is requested. Procedures for review shall be in accordance with Chapter 1.40 CVMC. The deposit will be returned if the appeal is granted. (Ord. 3623 § 1, 2026; Ord. 2718 § 3, 1998).

A. The Council finds that there is a need for alternative methods of enforcement of the Chula Vista 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 established in this section is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of the Municipal Code or applicable codes.

B. Civil penalties may be assessed against a responsible party for continued violations of the Municipal Code or applicable state codes, whether of the same section or any combination, that reflect a continuing disregard for the requirements of such laws. The Director of Development Services or designee may issue a notice and order to the responsible party assessing a civil penalty pursuant to this section. The civil penalty may be enforced against the responsible party as a lien pursuant to CVMC 1.41.140.

C. Except for violations of land grading ordinances contained in Chapter 15.04 CVMC and violations of commercial cannabis provisions contained in Chapter 5.19 CVMC, civil penalties may be assessed at a rate not to exceed $2,500 per violation per day.

D. The civil penalty for violations of land grading permits or land grading work done without the issuance of a permit shall be based on an estimate by the Director of Development Services or designee of grading work performed. The rate of civil penalties shall be as follows:

1. Less than 250 cubic yards, but not meeting the requirements for an exemption from grading permit under CVMC 15.04.150: $1,000 per violation;

2. Two hundred fifty-one (251) to 500 cubic yards: $5,000 per violation;

3. Five hundred one (501) to 1,000 cubic yards: $10,000 per violation;

4. Over 1,001 cubic yards: $25,000 per violation;

5. In the event any individual, firm, company, developer or property owner causes a second violation of the land grading permit ordinance, either on the same property or different property and whether or not part of the same development, the rate of civil penalties shall be doubled. For third and subsequent violations, the rate of civil penalties shall be multiplied by a factor of four.

E. Civil penalties for violations of Chapter 5.19 CVMC may be assessed at a rate not to exceed $10,000 per violation per day.

F. Civil penalties under this section may be accrued retroactive to the date the violations were first discovered, as evidenced by the issuance of a notice of violation pursuant to CVMC 1.41.030, or any later date determined by the Director of Development Services or designee. In determining the amount to be imposed on a daily rate, the Director of Development Services or designee shall consider the following factors:

1. Duration of the violation;

2. Frequency or occurrence of the violation;

3. Frequency or occurrence of other violations during the period of accrual;

4. Seriousness of the violation in relation to its threat or impact upon public health, welfare or safety;

5. History of the violations;

6. Activity taken by the responsible party to obstruct or interfere with correction of the problem;

7. Good faith or bad faith efforts by the responsible party to comply;

8. The impact of the violation on the surrounding property and community;

9. The financial ability of the responsible party to have corrected the violation in a timely fashion.

G. The Director of Development Services or designee shall comply with Chapter 1.40 CVMC concerning notice of the proposed civil penalties and the right to a hearing to contest or confirm. Unless contested, the notice and order shall be final and be enforced pursuant to CVMC 1.41.160. If contested, the hearing examiner shall limit the hearing to the following issues:

1. Whether the responsible party maintained a use or condition on real property that violated the Municipal Code or state law on the dates specified; and

2. Whether the civil penalty assessed is consistent with the criteria expressed in subsection (F) of this section. The hearing examiner may, however, exercise discretion pursuant to CVMC 1.40.020(E) and increase or decrease the penalties assessed to a level determined to be supported by the evidence meeting the criteria under subsection (F) of this section.

H. The Director of Development Services or designee shall issue a final order based on the proceedings under subsection (F) of this section and establish a date for payment, following which date an enforcement lien may be imposed upon the property in accordance with applicable law. The imposition of an enforcement lien may be made a part of the proceedings and notice and order under CVMC 1.41.100 or this section. (Ord. 3623 § 1, 2026; Ord. 3453 § 1(B), 2019; Ord. 3401 § 1, 2017; Ord. 3377 § 1, 2016; Ord. 2718 § 3, 1998).

If a responsible party fails or refuses to correct a violation, proceedings may be undertaken to abate any existing or resulting nuisance, pursuant to Chapter 1.30 CVMC. Abatement orders authorize the Director of Development Services or designee to enter upon property and correct the violation or condition, or the removal of encroachment upon public property. Enforcement costs may be imposed against the responsible party and noncomplying property (Ord. 3623 § 1, 2026; Ord. 2718 § 3, 1998).

• A. Pursuant to Government Code Section 38773, costs and penalties that may be recovered and enforced against responsible parties under this chapter include, but are not limited to, the following:

  1. City’s direct cost for abatement of nuisances, together with applicable overhead;

  2. Costs of salary and applicable overhead of those City employees and contract personnel involved in the investigation, enforcement and remediation or abatement of a nuisance;

  3. City costs for equipment use or rental;

  4. Court costs and witness fees;

  5. Costs of geotechnical, engineering and other technical services and studies;

  6. Administrative fines and civil penalties imposed pursuant to this chapter;

  7. Reinspection fees pursuant to CVMC 1.41.060;

8. Costs of monitoring programs necessary for correcting, monitoring, abating or mitigating nuisances and violation;

9. Any other fee, cost or expense reasonably and rationally related to the City’s enforcement efforts to abate a nuisance or correct a violation of this code or applicable state law;

10. Treble damages recoverable pursuant to Government Code Section 38773.7 (see CVMC 1.41.160(B)).

B. Attorneys’ fees may be recovered by the prevailing party only in individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. If the City does not elect, at the initiation of an individual action or proceeding, to seek recovery of its own attorneys’ fees, no other party shall seek or recover attorneys’ fees.

C. These costs may be recovered as a lien against the property following the procedures under this Chapter or the waiver thereof by the responsible party. (Ord. 3623 § 1, 2026; Ord. 3398 § 1, 2017; Ord. 2718 § 3, 1998).

Following the conclusion of the City’s remediation, abatement or corrective actions, the Director of Development Services or designee shall notify the property owner and appropriate responsible parties of a proposed assessment of costs against each individually and as a lien or assessment against the real property that was the subject of abatement or corrective action. Notice and an opportunity to be heard and contest the basis for the assessment of costs or lien shall be provided to those parties in accordance with Chapter 1.40 CVMC. Following any hearing or waiver thereof, the City Manager may then issue a final order of confirmation of costs against the respective responsible parties. (Ord. 3623 § 1, 2026; Ord. 2718 § 3, 1998).

A. In accordance with Government Code Section 38773, the City Manager or the Director of Development Services, or both as appropriate, may enforce the confirmation of costs as follows:

1. As a personal obligation against a responsible party; and

2. Either:

a. As a recorded lien with the priority of a judgment lien in the real property records of the county against any real property which was the subject of abatement or corrective action; or

b. As an assessment against the property which was subject to abatement or corrective action, to be collected in the same manner as municipal taxes.

B. The City Manager, City Attorney or the Director of Development Services is authorized to obtain judicial enforcement for the foreclosure of the lien, where appropriate. In addition, pursuant to Government Code Section

38773.7, the City Manager may seek treble damages for the abatement costs where the corrective action arose out of or constituted a second or subsequent civil or criminal judgment within a two-year period, as provided for in that section. Enactment of this subsection constitutes the enactment of an ordinance authorizing the recovery of treble damages in accordance with Government Code Section 38773.7. (Ord. 3623 § 1, 2026; Ord. 2718 § 3, 1998).

Upon payment in full by one or more responsible parties for all costs of enforcement and the satisfactory completion of all corrective action required, the City Manager or Director shall promptly issue to all responsible parties a notice of compliance. The notice of compliance will be signed and identify the affected real property by address, legal description and tax assessor’s parcel number, and be recorded in the real property records of the county by the Director if a lien was recorded. (Ord. 3623 § 1, 2026; Ord. 2718 § 3, 1998).

The City Manager shall budget for estimated expenses for abatement and code enforcement purposes in the annual budget process. Revenue received shall be deposited in a designated account in the general fund. All penalties and fines collected under CVMC 1.41.140 shall be deposited into the general fund. (Ord. 3623 § 1, 2026; Ord. 2718 § 3, 1998).