Clearlake Municipal Code § 10-2 Compliance Procedures

a. Whenever the Code Enforcement Officer determines that a public nuisance is occurring or exists, the Officer may issue a written notice of violation to any person responsible for the violation. b. The notice of violation issued pursuant to this Chapter shall contain the following information: 1. The date, approximate time and address (or definite description of the location where no address exists) of the violation(s) observed by the Code Enforcement Officer; 2. The section(s) of this Code or applicable Federal or State code(s) violated and a description of the violations(s); 3. The actions required to correct the violations(s) and the date by which the correction must be completed; 4. A statement explaining that if the violation is not corrected by the correction date set forth in the notice of violation to the satisfaction of the Code Enforcement Officer, the City may pursue any remedy set forth in this chapter, including issuance of an administrative citation; and 5. The name and signature of the Code Enforcement Officer, and the date of issuance. (Ord. #2012-159; Ord. #222-2019, S5)

a. If the Code Enforcement Officer determines that all violations have been corrected within the time specified in the notice of violation, no further action shall be taken. b. In the event a person shall fail, neglect or refuse to comply with the notice of violation, the Code Enforcement Officer may: 1. Record a notice of violation against the property on which the violation exists; 2. Issue an administrative citation, assessing penalties against the violator in accordance with this Chapter; or 3. Seek an abatement warrant pursuant to the procedures provided for in California Code of Civil Procedure Sections 1822.50 through 1822.57, authorizing the City to enter onto the property where the violation exists and abate the nuisance. 4. Refer the violation to the City Attorney for legal action, including the institution of a civil or criminal lawsuit; c. Use of procedures set forth in this Chapter shall be at the sole discretion of the City, and use of one procedure shall not preclude use of any other procedure set forth in this Chapter or any remedy otherwise available to the City in law or equity. (Ord. #2012-159)

a. The City may cause a notice of violation, administrative citation or any other written instrument relating to abatement proceedings against a property to be recorded against the property on which the Code violation or nuisance exists, pursuant to Government Code Section 38773.5(e). The notice shall state that there is a pending action involving the property, include contact information for the property owner or other violator, and shall contain sufficient information to identify the Code violations or the nuisance conditions that are present on the property. b. An owner of a property against which a notice has been recorded pursuant to this Section may appeal the decision to record the notice in accordance with subsection 10-3.1 of this Chapter. (Ord. #2012-159)

An administrative citation issued may be issued for a violation of this chapter pursuant to the procedures set forth in Section 1-9, Administrative Citations. (Ord. #2012-159; Ord. #222-2019, S6)

Editor’s note: Former Section 10-2.5, Administrative Penalties, previously codified herein and containing portions of Ordinance No. 2012-159, was repealed in its entirety by Ordinance No. 222-2019.

Editor’s note: Former Section 10-2.6, Satisfaction of Administrative Citation, previously codified herein and containing portions of Ordinance No. 2012-159, was repealed in its entirety by Ordinance No. 222-2019.

If a violation is abated by the City pursuant to this chapter, the costs of abatement shall be billed to the property owner and be due and payable within thirty (30) days of the date the billing is mailed to the property owner. The costs of abatement shall include, but not be limited to, direct and indirect personnel costs, including City staff time, attorneys’ fees and court costs incurred in abating the violation, the costs of all materials required to do the abatement, the costs to prepare all necessary or required notices, specifications, contracts and other documentation required to do the abatement, and all other costs incurred by the City to complete the abatement. Abatement costs may be added to administrative fines in an administrative citation and recovered in accordance with Section 1-9. (Ord. #2012-159; Ord. #222-2019, S9)

a. Late Fee. A late fee of ten (10%) percent of any unpaid administrative cost or abatement cost shall be levied on the amount unpaid on the last day of each month after the due date. b. Interest. In addition to the late fee described above, delinquent fines accrue interest at the rate of one (1%) percent per month, exclusive of penalties, from the due date. c. Collection of Delinquent Penalties and Costs. The City may pursue any legal remedy to collect an overdue administrative cost or abatement cost including, but not limited to, recording the debt as a personal obligation, special assessment, or property lien pursuant to the applicable procedures set forth in this chapter. (Ord. #2012-159; Ord. #222-2019, S10)

a. If the Code Enforcement Officer, or another City employee designated by the City Manager, determines that conditions caused by a violation of subsection 10-1.6 of this Chapter are so severe that they present an immediate danger to the health, safety or welfare of person(s) or property or to the general welfare of the City unless immediately corrected, and that there is not time to seek a court order or administrative order granting the Code Enforcement Officer permission to abate the violation, the violation may be summarily abated without compliance with this Chapter. Summary abatement shall include only such actions as are required to alleviate those conditions that present the immediate health and/or safety concerns, and may include, without limitation, boarding of windows, doors and other openings; removal of junk and debris; and/or securing the perimeter of the property. b. If summary abatement is performed, the City shall provide the party responsible for the nuisance with a post- abatement hearing to contest the validity of the summary abatement as soon as practicable after the summary abatement occurs pursuant to the procedures for administrative hearing set forth in Section 10-3 of this Chapter, or whatever procedures the City determines should be applicable in the interest of justice. c. The Code Enforcement Officer shall document the health and/or safety conditions that require summary abatement; all corrective measures taken in the abatement; and the costs thereof. (Ord. #2012-159)