Citrus Heights Municipal Code Div. 2 Administration and Enforcement

Footnotes:

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Cross reference— Administration, ch. 2.

Under the direction of the director, the neighborhood enhancement program is hereby created and authorized to enforce the state housing law, this article, and all additional rules and regulations approved and adopted by the city council as they apply to existing buildings, structures, and property within the city. For such purposes, the director and his or her authorized representatives shall have the powers of law enforcement officers.

(Ord. No. 2002-04, § 2(16B.00.050), 5-8-2002)

The director shall have the power to render interpretations of this article and its regulations in order to clarify the application of this article. Such interpretations shall conform to the intent and purpose of this article.

(Ord. No. 2002-04, § 2(16B.00.051), 5-8-2002)

The director is authorized to adopt and enforce reasonable regulations consistent with the purposes, intent and express terms of this article as he or she deems necessary to implement such purposes, intent, and express terms. No regulation or amendment thereto shall be enforced or become effective until 30 days following the date on which the proposed regulation or amendment has been filed with the city clerk.

(Ord. No. 2002-04, § 2(16B.00.052), 5-8-2002)

(a) Inspections. To the extent allowed by law, the director may enter and inspect any building or property whenever necessary to secure compliance with, or prevent a violation of, this article, the provisions of the state housing law relating to the regulation of buildings used for human habitation, and rules and regulations promulgated pursuant thereto, or the city building code. The director may make any examinations and surveys as necessary in performing these inspections as permitted by law and consistent with legally recognized privacy rights. These duties may also include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be conducted in a reasonable manner.

(b) Right of entry. Whenever it is necessary to make an inspection to enforce this article or when the director has reasonable cause to believe that there exists a condition which is contrary to or in violation of this article, which makes a building or property unsafe, dangerous or hazardous, the director may enter a building or property at reasonable times to inspect or to perform the duties imposed by this article, provided that if such building or property is occupied that credentials be presented to the occupant and entry requested. If entry is refused, the director shall have recourse to the remedies provided by law to secure entry, including but not limited to commencing proceedings to obtain an inspection warrant pursuant to Code of Civil Procedure § 1822.50 et seq.

(c) Unoccupied property. If such a building or property is unoccupied, the director shall make a reasonable effort to locate the owner or other persons having charge of control of the building or property and request entry.

(d) Times entry restricted. No person authorized to enter buildings shall enter any dwelling between the hours of 6:00 p.m. of any day and 8:00 a.m. of the succeeding day, without the consent of the owner or occupants of the dwelling, nor enter any dwelling in the absence of the occupants without a proper written order executed and issued by a court of competent jurisdiction.

(Ord. No. 2002-04, § 2(16B.00.053), 5-8-2002)

In performing his or her duties under this article, the director and his or her designated representatives shall have the authority and impunities of a public officer and employee as set forth in Penal Code § 836.5, which include but are not limited to the following:

(1) Making arrests without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence, which is a violation of this article or applicable state codes; and

(2) Issuing field citations as a substitute for physical arrest.

(Ord. No. 2002-04, § 2(16B.00.054), 5-8-2002)

Nothing in this article shall be construed as requiring the city to enforce its prohibitions against all properties which may violate such prohibitions. The city envisions that this article will be enforced, in the city's prosecutorial discretion, as resources permit. This article is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care towards persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

(Ord. No. 2002-04, § 2(16B.00.055), 5-8-2002)

The city shall take all reasonable steps to ensure that the identity of any person making a service request to the city concerning a violation of this article or other applicable laws shall remain confidential. However, no enforcement action shall be taken beyond issuance of a notice to abate unless:

(1) The complaining witness agrees to be identified upon request of the responsible party; or

(2) The director has developed sufficient independent evidence to take further action.

(Ord. No. 2002-04, § 2(16B.00.056), 5-8-2002; Ord. No. 2016-004, § 2, 6-23-2016)

Whenever the director determines that a violation of this article or other section of the city Code or applicable laws has occurred or is occurring, the director shall have the authority to issue a notice of administrative violation to any responsible party.

(Ord. No. 2002-04, § 2(16B.20.01), 5-8-2002; Ord. No. 2016-004, § 2, 6-23-2016)

(a) Where multiple violations have occurred or are occurring, each violation of this article or other applicable laws shall be subject to a separate penalty.

(b) A code enforcement officer shall have no power or discretion to void any notice of administrative violation until after a meeting with the code enforcement officer's supervisor as provided for in section 50-105. If a notice of administrative violation is voided, the director shall provide written justification for such action to the city manager.

(Ord. No. 2002-04, § 2(16B.20.02), 5-8-2002; Ord. No. 2016-004, § 2, 6-23-2016)

Any one of the following penalties shall be available to redress violation of this article or other sections of the city Code or applicable laws:

(1) Revocation and/or suspension of licenses or permits, conditional use permits or other entitlements issued by the city;

(2) The placement of requirements for corrective action on permits, licenses or entitlements issued by the city as a condition to avoid revocation of the permit, license or entitlement;

(3) Monetary penalties as set forth in section 50-107; and

(4) The issuance of a compliance order setting forth corrective action.

(Ord. No. 2002-04, § 2(16B.20.03), 5-8-2002)

The following factors shall be considered in determining the appropriate penalties for any administrative violation of this article:

(1) The knowing violation of this article or other sections of the city Code or other applicable laws;

(2) A final determination of prior violations of this article or other applicable laws within 12 months of the date of the most recently issued notice of administrative violation. Violations of a similar nature shall be given additional weight in evaluating the appropriate penalties as provided for in section 50-107;

(3) Efforts by the person found to have violated this article or other applicable laws to take remedial action upon notice of a violation;

(4) Any financial gain realized by a responsible party as a result of an administrative violation;

(5) The extent to which the violation undermines the purpose of the ordinance violated;

(6) The number of other violations existing at the time of the issuance of the notice of administrative violation;

(7) The costs incurred by the city for remedial action taken by the director;

(8) The degree and permanence of harm to health, safety and/or the environment caused by the violation, including but not limited to any loss of life to person or animal; and

(9) The amount it would have cost the responsible party to comply with the law.

(Ord. No. 2002-04, § 2(16B.20.04), 5-8-2002; Ord. No. 2016-004, § 2, 6-23-2016)

Administrative enforcement of this article and other applicable laws shall be limited to cases where:

(1) Specific bona fide service requests have been received; or

(2) The director has sufficient evidence to support the issuance of a notice of administrative violation.

No notice to abate or notice of administrative violation shall be issued pursuant to a service request until the director has conducted an independent investigation and determined that there is good cause to believe that a violation of this article or other applicable laws has occurred. The director shall keep a record of all service requests.

(Ord. No. 2002-04, § 2(16B.20.05), 5-8-2002; Ord. No. 2016-004, § 2, 6-23-2016)

Whenever a violation of this article is discovered which can be corrected and the responsible party has not been issued a notice to abate or notice of administrative violation for the same violation within the past 12 months, the code enforcement officer shall issue a notice to abate in order to notify the responsible party of the violation and to order that the violation be corrected within a reasonable time. Unless a different period is specifically set forth in the notice to abate or the notice of administrative violation, ten days shall be considered a reasonable time to correct any violation. If the violation is related to a permit, license or other city approval of a project, the notice to abate may be accompanied by a stop order which orders the responsible party to immediately stop any and all work on the project that is subject to the permit, license or approval until the violation is corrected. The notice to abate shall be served in accordance with division 3, subdivision II, of this article.

(Ord. No. 2002-04, § 2(16B.20.06), 5-8-2002; Ord. No. 2016-004, § 2, 6-23-2016)

Under this article, a notice of administrative violation may be issued under any of the following circumstances:

(1) When the violation cannot be corrected;

(2) When the violation can be corrected, a notice to abate has been served, and the specified time has passed without adequate correction of the violation;

(3) When a stop order has been issued and has not been complied with by the responsible party;

(4) When the same violation has been committed by the same responsible party within the past 12 months and a notice to abate or notice of administrative violation has been served on the responsible party within that same 12-month period; and

(5) Continuing violations relating to plumbing, electrical, or other similar structural or zoning issues.

(Ord. No. 2002-04, § 2(16B.20.07), 5-8-2002)

(a) Generally. Any notices required under this subdivision shall be served by personal delivery to the responsible party or delivered by certified U.S. mail, postage prepaid and return receipt requested; U.S. mail delivery confirmation; U.S. mail signature confirmation to the responsible party; or by such other delivery method that is reasonably calculated to provide actual notice to the responsible party. If the responsible party is not present for personal delivery or if a current mailing address of a responsible party cannot be determined after diligent efforts to obtain the address, notices may be posted in a conspicuous place on the affected property for a period of ten days and mailed first class to the last known address. When there is no affected property, such alternative service shall be accomplished by publication of any notices in a newspaper of general circulation that is most likely to give actual notice to the responsible party two times in a ten-day period and by mailing first class to the last known address.

(b) Form and content. The notice of administrative violation shall be in writing and shall set forth the facts constituting the violation, including the date and location of the violation, the specific provisions of the law which have been violated, the proposed penalties for the violation as specified in section 50-98, and the rights that the responsible party has to appeal the notice of administrative violation, and the name and signature of the city representative issuing the notice. When a notice of administrative violation is served for the conditions described in section 50-102(5), the notice shall also include the following information:

(1) A statement of the actions required to correct the violation.

(2) The time period after which administrative monetary penalties will begin to accrue if compliance with the notice has not been achieved.

(c) Effective date of service. Service of a notice of administrative violation by personal delivery shall be effective on the date such delivery occurs. Service by mail in any of the manners provided in this section shall be effective as of the date the notice of administrative violation is placed in the mail.

(Ord. No. 2002-04, § 2(16B.20.08), 5-8-2002)

Any compliance obligations that may be imposed as the result of a notice to abate, a stop order or notice of administrative violation issued pursuant to this article shall be stayed if a timely request for a hearing is filed and until a final decision after the hearing is completed unless an emergency situation affecting the safety or preservation of life or property exists. The code enforcement officer shall provide written justification for invoking an emergency situation exception under this section to the responsible party within 24 hours of taking the action to correct the emergency situation.

(Ord. No. 2002-04, § 2(16B.20.09), 5-8-2002; Ord. No. 2016-004, § 2, 6-23-2016)

Persons charged with a violation of this article or other applicable laws are encouraged to meet with the director and/or the appropriate department head or his or her designee prior to requesting a hearing to seek resolution of the matter. Such a meeting may be requested before or after the request for a hearing is filed, but the holding of such meeting shall not be required by this article, and a request for the meeting shall not extend the time for filing the request for the hearing.

(Ord. No. 2002-04, § 2(16B.20.010), 5-8-2002; Ord. No. 2016-004, § 2, 6-23-2016)

(a) The parties may but are not required to agree to mediation between the director and any responsible party either before or after any hearing held pursuant to this subdivision, which mediation shall be presided over by an impartial mediator.

(b) The purpose of the mediation shall be to provide an opportunity for the director and a responsible party to reach mutual agreement upon steps to achieve compliance with this article and/or other applicable laws. The hearing may be postponed until completion of the mediation if both parties agree to the postponement. If the director and the responsible party reach agreement on a compliance plan at the mediation, that agreement shall be placed in writing and shall be signed by the director, the responsible party and the mediator. Any such compliance plan or other agreement prepared in the course of, or pursuant to, the mediation shall be admissible in court and is subject to disclosure pursuant to Evidence Code § 1123. If the terms of the compliance plan and/or agreement are violated, in addition to any other remedy that the city may have, the director shall serve a notice of administrative violation as provided for in this subdivision.

(Ord. No. 2002-04, § 2(16B.20.011), 5-8-2002; Ord. No. 2016-004, § 2, 6-23-2016)

(a) Schedule of fines. Except as provided in this section, the amounts of the penalties for violations of this article and applicable laws shall be set forth in the schedule of fines established by resolution of the city council.

(b) Increased fines for repeat violations. The schedule of fines shall specify any increased fines for repeat violations of the same section by the same person within one year from the date of issuance of a prior notice of administrative violation for such violation.

(c) Charges for late payment. Any responsible party who fails to pay to the city any fine imposed pursuant to this subdivision on or before the date that fine is due shall also be liable for the payment of any applicable late payment charges set forth in the schedule of fines.

(d) Maximum monetary penalty amounts. Pursuant to Government Code § 36901, the hearing officer may impose administrative penalties for violations, which would not otherwise be deemed infractions under this article, in a maximum amount not to exceed $1,000.00 per day for each ongoing violation, except that the total administrative penalty shall not exceed $100,000.00 exclusive of administrative costs, interest and restitution for compliance reinspections, and for any related series of violations.

(Ord. No. 2002-04, § 2(16B.20.012), 5-8-2002)

Monetary penalties levied against a responsible party pursuant to this subdivision are due at the following times:

(1) If an appeal is not filed in relation to the notice of administrative violation pursuant to section 50-110, the monetary penalty set out in the notice shall be due and payable 30 days after service of the notice.

(2) If an appeal is filed pursuant to section 50-110 and there is no appeal of the hearing decision to a court pursuant to section 50-117, any monetary penalty imposed shall be due and payable 90 days after either:

a. The date of service of the hearing officer's decision;

b. An order by the hearing officer dismissing the appeal; or

c. The date the appeal request is withdrawn by the responsible party, whichever occurs latest.

The amount of penalty payable shall be the amount set by the hearing officer in a decision after hearing or the amount set forth in the notice of administrative violation if there is no hearing decision.

(3) If there is judicial review of the hearing officer's decision pursuant to section 50-117, any monetary penalty imposed shall be due and payable 30 days after the date of the final court order in relation to that review. The amount due shall be the amount ordered by the hearing officer unless a court modifies the amount of monetary penalty.

(Ord. No. 2002-04, § 2(16B.20.013), 5-8-2002)

All monetary penalties imposed pursuant to this subdivision shall be paid to the city and delivered to the finance department. All payments shall be accompanied by a copy of the notice of administrative violation or the decision of the hearing officer or the court decision establishing the amount of the monetary penalty. The finance department shall prepare a receipt documenting the payment of the monetary penalty and shall forward one copy of the receipt to the director and one copy of the receipt to the city clerk. The city clerk shall thereafter verify that the penalty has been paid in full. If the penalty has been paid in full, the city clerk shall so note in the records pertaining to the administrative violation. If the penalty has not been paid in full, the city clerk shall notify the director and responsible party in writing.

(Ord. No. 2002-04, § 2(16B.20.014), 5-8-2002; Ord. No. 2016-004, § 2, 6-23-2016)

(a) Any recipient of a notice of administrative violation issued pursuant to section 50-102 may contest the charges contained therein by submitting a written appeal request to the city clerk within 30 days from the date of service of the notice. The written appeal request must be submitted together with an advance deposit of the monetary penalty or with notice that a request for a hardship waiver has been filed pursuant to section 50-112.

(b) The written appeal request shall contain the following information:

(1) A brief statement of the material facts which the appellant claims support his or her contention that an administrative monetary penalty is not warranted or that the amount of the administrative monetary penalty is not warranted; and

(2) An address at which the appellant agrees to receive notice, by first class postage prepaid mail, of any additional proceedings relating to the imposition of the administrative monetary penalties.

(Ord. No. 2002-04, § 2(16B.20.015), 5-8-2002)

Any appeal hearing held pursuant to this subdivision shall be set no sooner than 20 days following the filing of a request for an appeal hearing in accordance with this subdivision and no more than 60 days from the date such request is filed. The hearing will be conducted in the manner set forth in section 50-211.

(Ord. No. 2002-04, § 2(16B.20.016), 5-8-2002)

(a) Any responsible party who intends to request a hearing to contest the order imposing administrative fines and who is financially unable to make the advance deposit of the fine as required by section 50-110 may file a written request for a hardship waiver with the hearing officer on a form provided by the city. The form must be submitted to the hearing officer within ten days of the date of service of the order imposing administrative fines. The form must be submitted together with a sworn affidavit and supporting documents, demonstrating to the satisfaction of the hearing officer that the responsible party is financially unable to deposit the full amount of the fine in advance of the hearing.

(b) The requirement of depositing the full amount of the fine in advance of the hearing shall be stayed unless the hearing officer makes a written determination, based upon documented facts and findings, not to issue the hardship waiver. If the hearing officer determines not to issue a hardship waiver, the responsible party shall submit the required deposit to the city within ten days of service of the hearing officer's decision or within 30 days from the date of service of the order imposing administrative fines, whichever occurs later.

(Ord. No. 2002-04, § 2(16B.20.017), 5-8-2002)

Following the hearing specified in section 50-111, the hearing officer shall serve written notice of his or her determination on the responsible party by first class postage prepaid mail to the address provided in the written appeal submitted pursuant to section 50-110.

(Ord. No. 2002-04, § 2(16B.20.018), 5-8-2002)

A hearing officer may, in his or her discretion and by written decision, suspend the imposition of applicable administrative penalties for any period of time during which:

(1) The responsible party has filed for necessary permits;

(2) Such permits are required to achieve compliance; and

(3) Such permit applications are actively pending before the city, state or other appropriate governmental agency.

(Ord. No. 2002-04, § 2(16B.20.019), 5-8-2002)

(a) If the responsible party gives written notice to the director that the violation of this article has been corrected and if the director finds, upon final inspection, that compliance has been achieved, the director shall deem the date the written notice was postmarked or personally delivered to the director or the date of the final inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to the director, the violation will be deemed corrected on the date of the final inspection.

(b) If the director determines that compliance has been achieved after the hearing officer has issued a decision ordering compliance, the director shall file a report with the hearing officer indicating that compliance has been achieved. If the director does not file the required correction report, a violator who believes that compliance has been achieved may request a compliance hearing before the hearing officer by filing a request for a hearing with the city clerk. The hearing shall be noticed and conducted in the same manner as set forth in section 50-113. The hearing officer shall determine if, and when, compliance was achieved.

(Ord. No. 2002-04, § 2(16B.20.020), 5-8-2002; Ord. No. 2016-004, § 2, 6-23-2016)

(a) Administrative penalties and costs assessed by the hearing officer pursuant to this subdivision shall be due by the date specified in the hearing officer's order. Administrative penalties and costs assessed by the hearing officer are a debt owed to the city and, in addition to all other means of enforcement, may be enforced by means of a lien against the real property on which the violation occurred. Failure to pay the specified penalties and costs may be enforced as:

(1) A personal obligation of the responsible party; and/or

(2) If the violation is in connection with real property, a lien upon the real property.

(b) The lien shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full. The city may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien in accordance with section 50-238.

(Ord. No. 2002-04, § 2(16B.20.021), 5-8-2002)

Pursuant to Government Code § 53069.4, an appeal of the hearing officer pursuant to this subdivision must be taken within 20 days after service of the hearing officer's decision.

(Ord. No. 2002-04, § 2(16B.20.022), 5-8-2002)

If a civil action is commenced by the city to collect the administrative penalties and costs pursuant to this subdivision, the city shall be entitled to recover reasonable costs, inclusive of attorneys' fees, relating to the action.

(Ord. No. 2002-04, § 2(16B.20.023), 5-8-2002)

Administrative penalties shall accrue interest at the same annual rate as any civil judgment. Interest shall accrue commencing on the 26th day following service of the hearing officer's written decision.

(Ord. No. 2002-04, § 2(16B.20.024), 5-8-2002)

The procedures for abatement contained in this article are determined to be equivalent to those procedures contained in article 6 of title 25 of the California Code of Regulations for the purpose intended therein.

(Ord. No. 2002-04, § 2(3), 5-8-2002)