Coachella Municipal Code Ch. 3.24 Public Nuisance Abatement Orders and Fines

When a code enforcement officer or other authorized agent has inspected any real property or premises and has found and determined that conditions at or upon such property or premises constitute a public nuisance pursuant to any provision of this code and/or applicable statute, rule, code and regulation and the city has not commenced an alternative public nuisance abatement procedure prescribed by statute regarding such public nuisance, the code enforcement officer or authorized agent may issue or cause the issuance of a notice of public nuisance and order to abate ("Notice and Order") pursuant to this chapter.

(Prior code § 14½-146)

Any violation of this chapter shall constitute a misdemeanor.

(Prior code § 14½-147)

(Ord. No. 1098, § 19, 12-14-16)

A. Any party to whom a notice and order has been issued for violations pertaining to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety, shall be provided not less than ten (10) calendar days in which to correct or otherwise remedy the violation prior to the imposition of any administrative fine. For all other violations, the recipient of a notice and order shall be provided not less than seven calendar days in which to correct or otherwise remedy the violation prior to the imposition of any administrative fine.

B. The citing officer may extend the time in which to correct or otherwise remedy a violation upon a showing that the recipient of the notice and order requires additional time to complete repairs or upon a showing that the recipient is awaiting issuance of a permit, provided such person offers proof that he or she has commenced taking action to correct or otherwise remedy the violation and/or that a proper application for such permit has been made.

(Prior code § 14½-148)

The notice and order shall include all of the following information:

A. The name of the property's record owner, the occupant, if any, and/or the agent, if any, having charge or control of the property;

B. The date of inspection;

C. The date of the violation;

D. The street address or a definite description of the location where the violation occurred;

E. The code section(s) violated;

F. A description of the property's condition which violated the applicable codes;

G. The actions necessary to correct the subject violations;

H. The deadline or specific date by which to correct the violations;

I. A reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline;

J. The number of times the violation has been cited by the city within the previous thirty-six (36) months;

K. The amount of the public nuisance administrative fine for the code violation;

L. A description of the fine payment process, including a description of the time within which the fine must be paid and the place where the fine must be paid;

M. A description of the process by which the city may collect any unpaid fines;

N. An order prohibiting the continuation or repeated occurrence of the code violation described in the notice and order;

O. A description of the administrative appeal process for a person's appeal of the code enforcement officer's determination of violation, including the time within which the administrative appeal must be filed and the place at which a "request for hearing" form may be obtained; and

P. The name and signature of the citing code enforcement officer or other authorized agent ("citing officer"). The heading of the notice shall be "notice of public nuisance and order to abate" in letters not less than one inch in height.

(Prior code § 14½-149)

The notice and order, and any amended or supplemental notice and order, shall be posted on the property on which a violation occurs.

(Prior code § 14½-150)

The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, tenant, occupant, if any, and/or agent, if any, having charge or control of the property. The failure of the issuing officer or any other authorized agent to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this chapter.

(Prior code § 14½-151)

Service of a copy of the notice and order shall be made upon all persons entitled thereto either personally or by certified mail, postage prepaid, return receipt requested, at their address as it appears on the last equalized assessment roll of the county or as otherwise known to the issuing officer or authorized agent. If an address of any such person does not appear on the last equalized assessment roll or is not otherwise known to the citing officer then a copy of the notice and order shall be addressed to such person(s) and mailed to the address of the subject premises. The failure of any such person to receive a copy of the notice and order shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the notice and order and retained by the citing officer.

(Prior code § 14½-152)

Service of a notice and order which is personally served shall be deemed completed at the time of such delivery. Service of a notice and order which is served by mail is deemed completed on the date the notice and order is deposited in the mail.

(Prior code § 14½-153)

Proof of service of the notice and order shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to a copy of the notice and order and retained by the citing officer.

(Prior code § 14½-154)

The notice and order shall be filed in the office of the county recorder to certify that: (a) the subject property is being maintained in violation of the municipal code and/or applicable statute, rule, code and regulation; and (b) the property owner has been so notified.

(Prior code § 14½-155)

Any party contesting the imposition of the public nuisance administrative fine may seek judicial review of the imposition of the fines by filing an appeal pursuant to California Government Code Section 53069.4, subdivision (b)(1) after such party has exhausted all available administrative remedies relating to the underlying violation.

(Prior code § 14½-156)

Any person subject to the provisions of a notice and order may contest that there was a violation or that he or she is the party responsible for committing the violation by filing a complete and proper appeal of an notice and order as described in Section 3.24.110 to the citing officer. Such appeal shall be filed within ten (10) calendar days from the date service of the notice and order is completed. Any appeal not timely filed shall be rejected.

(Prior code § 14½-157)

All appeals from any notice and order shall be in writing and shall contain the following information: (a) name(s) of each appellant; (b) a brief statement in ordinary and concise language of the specific items protested, together with any material facts claimed to support the contentions of the appellant; (c) a brief statement in ordinary and concise language of the relief sought and the reasons why the notice and order should be rescinded, modified or otherwise set aside; and (d) the signatures of all parties named as appellants and their mailing addresses. Any appeal filed that fails to provide all of the information required by this section shall be deemed incomplete.

(Prior code § 14½-158)

A filing fee as established by city council resolution or any amendments thereto for an appeal of an notice and order must be paid to the city at or prior to the time of the filing of such appeal. Any appeal of the notice and order filed without payment of the filing fee shall be deemed incomplete.

(Prior code § 14½-159)

Not later than five calendar days from the date the appeal is filed, the citing officer or his or her designee shall determine whether the appeal is complete. If the appeal is determined to be incomplete, the citing officer or his or her designee shall immediately mail to the appellant a notice of incomplete filing which shall provide a written explanation of each reason why the appeal has been determined to be incomplete. If service of the notice of incomplete filing is completed within five calendar days from the date the appeal is filed, the ten (10) calendar days time period within which to file a completed appeal of an notice and order shall not be extended.

(Prior code § 14½-160)

Failure to timely and properly file an appeal from a notice and order shall constitute a waiver of all rights to an administrative appeal hearing and adjudication of the notice and order or any portion thereof. The determination that the violation occurred and that the violator was responsible for the violation shall be deemed final on the date that service of the notice and order is deemed completed pursuant to Section 3.24.070.

(Prior code § 14½-161)

The appeal of any notice and order shall proceed in accordance with the provisions of Chapter 3.28.

(Prior code § 14½-162)

Enforcement of any notice and order shall be stayed during the pendency of an appeal therefrom which is properly and timely filed pursuant to this chapter.

(Prior code § 14½-163)

A. After a notice and order becomes final due to the failure to file a timely and proper appeal, the code enforcement chief or other authorized agent shall prepare a demand for payment of all applicable administrative fines if the city determines that the person to whom the notice and order is directed failed, neglected or refused to obey any orders or adhere to the terms and conditions set forth in such order. The amount of the fine for which the recipient shall be responsible shall be as set forth in the notice and order. Payment of the administrative fine shall be made to the issuing department or division unless otherwise provided by the citation.

B. Where a timely and complete appeal of the notice and order is filed pursuant to Section 3.20.100 and the citation upheld, the notice of decision and compliance order issued by the hearing officer shall require appellant to pay all applicable administrative fines no later than ten (10) days from the date the notice of decision and compliance order was issued. The amount of the fine for which the recipient shall be responsible shall be as set forth in the notice and order. Payment of the administrative fine shall be made to the issuing department or division unless otherwise provided by the notice of decision and compliance order.

(Prior code § 14½-164)

The demand for payment shall include all of the following, which shall be consistent with the information contained in the final notice of public nuisance and order to abate:

A. The name of the person(s) responsible for payment of the public nuisance administrative fines;

B. The street address or a definite description of the location where the violation occurred;

C. The deadline or specific date by which the violations were to have been corrected; D. The date of the follow up inspection where continuing violation conditions were discovered;

E. The code violation(s) noted at the follow up inspection;

F. The amount of the public nuisance administrative fine which shall be immediately due and payable;

G. The place where the fine must be paid; and

H. A description of the process by which the city may collect any unpaid fines.

(Prior code § 14½-165)

The demand for payment may be in letter form or any other form which conveys the information set forth in Section 3.36.010.

(Prior code § 14½-166)

The demand for payment shall be served upon the person(s) responsible for payment of the public nuisance administrative fines either personally or by certified mail, postage prepaid, return receipt requested, at their address as it appears on the last equalized assessment roll of the county or as otherwise known to the issuing officer or authorized agent. If an address of any such person does not appear on the last equalized assessment roll or is not otherwise known to the issuing officer or authorized agent, then a copy of the notice and order shall be addressed to such person(s) and mailed to the address of the subject premises. The failure of any such person to receive a copy of the demand for payment shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the demand for payment and retained by the citing officer.

(Prior code § 14½-167)

Service of the demand for payment which is personally served shall be deemed completed at the time of such delivery. Service of a demand for payment which is served by mail is deemed completed on the date such notice and order is deposited in the mail.

(Prior code § 14½-168)

Proof of service of the demand for payment shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to a copy of demand for payment and retained by the citing officer.

(Prior code § 14½-169)

Editor's note— Ord. No. 1078, § 2, adopted Sept. 9, 2015, repealed § 3.24.250, which pertained to attorney's fees and derived from prior code, § 14½-170.

Whenever it is determined that the corrections ordered by the notice and order have been completed so that the premises no longer exists in a condition that is in violation of this code and/or applicable statute, rule, code and regulation, a notice of compliance shall be recorded in the office of the county recorder certifying that all required corrections have been made and that the subject premises is no longer being maintained as a public nuisance.

(Prior code § 14½-171)