Coronado Municipal Code Ch. 1.08 Enforcement of Provisions of Municipal Code

ENFORCEMENT OF PROVISIONS OF MUNICIPAL CODE

Sections:

• 1.08.010 Purpose.

• 1.08.020 Enforcement O?cer.

• 1.08.030 Violation as public nuisance.

• 1.08.040 Continuing violation.

• 1.08.050 Enforcement through criminal prosecution.

• 1.08.060 Enforcement through civil lawsuit.

• 1.08.070 Enforcement through administrative abatement.

• A. It is the purpose of this chapter to provide for the enforcement of the provisions of this code within the City.

B. In addressing a particular code violation, the City may use one or more of the enforcement procedures provided herein. Nothing in this chapter shall be deemed to prevent the City from enforcing the provisions of this code in any manner authorized in law. (Ord. 1778; Ord. 1767)

A. The City Manager may by ordinance designate one or more Enforcement OMcers to enforce provisions of this code in accordance with the provisions of this chapter.

B. Every Police Services OMcer, Code Enforcement OMcer, or Fire Marshal for the City of Coronado is authorized to make an arrest and release the arrested person on a notice to appear, as provided by law, for any violation of this code committed in their presence. (Ord. 1907)

• A. It is unlawful for any person to create, cause, commit or maintain a public nuisance within the City.

• B. A violation of any provision of this code constitutes a public nuisance. (Gov. Code § 38771) (Ord. 2026-05 § 3 (Exh. A), 2026)

A. Where a continuing violation of this code is created by a former property owner upon, or in the use of, such property, every successive owner of such property who neglects to abate the continuing violation is responsible for the violation in the same manner as the former owner who created the violation. (CC 3483)

• B. No lapse of time can legalize a violation of a provision of this code. (CC 3490)

A. Infraction. Any person who violates a provision of this code, where such violation constitutes a crime, shall be guilty of an infraction, unless otherwise expressed, punishable as follows:

1. A Kne not exceeding $100.00 for a Krst violation;

2. A Kne not exceeding $200.00 for a second violation of the same section of the Municipal Code within one year;

3. A Kne not exceeding $500.00 for each additional violation of the same section of the Municipal Code within one year. (Gov. Code § 36900(b))

B. Misdemeanor. Any person convicted of violating a provision of this code, where such violation is expressly made a misdemeanor, shall be punished by a Kne not exceeding $1,000, or by imprisonment not to exceed six months, or by both such Kne and imprisonment. (Gov. Code § 36901)

C. Separate Violation. Each separate day, or any portion thereof, during which a violation of this code occurs or continues shall constitute a separate oNense.

D. Aiding or Abetting a Violation. Whenever an act or omission is made unlawful by this code, it shall also be unlawful for any person to allow, permit, aid, abet, suNer or conceal such act or omission.

E. Treble Costs. Upon a second or subsequent oNense within two years, the City shall request as part of the criminal prosecution that the court order the convicted defendant who owns the property on which the violation is maintained to pay treble the costs incurred by the City in obtaining the abatement of the nuisance, in accordance with law. (Gov. Code § 38773.7)

A. A violation of a provision of this code may be redressed by civil action which seeks, among other things, declaratory and injunctive relief. A public nuisance that is not a violation of a provision of this code may nonetheless be redressed in accordance with the provisions of this section. (CC 3494)

B. In seeking a civil judgment against any person who creates, causes, commits or maintains a public nuisance within the City, the City shall seek an award of damages to the City in an amount equal to the expenses incurred by the City in abating such nuisance.

C. Treble Costs. Upon a second or subsequent oNense within two years, the City shall request that the court order the person who creates, causes, commits or maintains a violation of this code within the City to pay treble the costs incurred by the City in obtaining the abatement of the violation, in accordance with law. (Gov. Code § 38773.7)

Any condition caused, maintained, or permitted to exist in violation of any provisions of this code or applicable State codes which constitutes a public nuisance but which does not constitute an imminent life safety hazard may be abated by the City pursuant to the procedures set forth in this chapter.

A. De8nitions.

1. “Enforcement OMcial” is a designee of the City Manager whose duties include prevention, detection, investigation, and enforcement of violations of laws, regulating public nuisance, public health, safety, welfare, public works, business activities and consumer protection, building standards, land use or municipal aNairs.

2. “Responsible person(s)” is the individual or legal entity with actual control, ownership or management authority over a property or premises. As deKned, “responsible person” may be any or all of the following: property owner, landlord, property manager, tenant or occupant.

• B. General Procedures and Appeals.

  1. Abatement Notice.

a. Whenever an Enforcement OMcial determines that private property or any portion of private property is a public nuisance, an abatement notice shall be issued to the property owner as identiKed on the San Diego County Tax Assessor rolls to abate the public nuisance, and any other responsible person(s).

b. The abatement notice shall contain a description of the property in terms reasonably suMcient to identify the location of the property. It shall refer to this code or applicable State code violations which render the property a public nuisance.

c. The abatement notice shall describe the action(s) required to abate the public nuisance which may include, without limitation, corrections, repairs, demolition, removal, permit acquisition(s), vacation of tenants, or other appropriate actions and shall establish deadlines by which each action must occur.

d. The abatement notice shall explain the consequences should the property owner fail to comply with the terms of the notice.

• e. The abatement notice shall identify all applicable appeal rights.

• C. Service of Abatement Notice.

  1. The abatement notice shall be served by both of the following methods:

     • a. Personal delivery; or

     • b. By Krst class mail to the property owner and any other responsible person(s); and

     • c. Posting the notice conspicuously at the property.

  2. Any notice mailed pursuant to this chapter is deemed served as of the date of mailing.

  3. The failure of any responsible person or person with a property interest to receive any notice served in accordance with this chapter shall not aNect the validity of any proceedings taken under this chapter.

  4. The City may record an administrative order of abatement with the County Recorder.

D. Time Frame for Compliance. The Enforcement OMcial shall establish a reasonable time frame for compliance based on the nature and severity of the nuisance. The time frame for abatement shall normally be 10 days from the date of service of a notice of public nuisance. The Enforcement OMcial may for good cause shorten or lengthen time to abate a public nuisance as may be necessary to protect public health and safety.

• E. Right to Appeal.

  1. The responsible person(s) may appeal the abatement notice within 10 calendar days from the date of service of the abatement notice by Kling a written appeal request to the City Clerk as set forth in Chapter 1.12 CMC, and also include the following information:

     • a. Name, address, and telephone number of each responsible person who is appealing the notice of abatement (hereinafter, “appellant”).

     • b. Address and description of real property upon which the City intends to enter and abate a public nuisance.

     • c. Date of notice of abatement being appealed.

     • d. SpeciKc action or decision being appealed.

     • e. Grounds for appeal in suMcient detail to enable the Hearing OMcer to understand the nature of the controversy.

     • f. The signature of at least one appellant.

  2. Abatement shall not proceed until the appeal is considered and a determination has been made by the Hearing OMcer that a public nuisance exists at the property and abatement by the City is ordered pursuant to Chapter 1.08 CMC.

  3. If the Hearing OMcer conKrms the existence of a public nuisance, the City may immediately thereafter abate the public nuisance pursuant to the procedures set forth in CMC 1.08.070. The Hearing OMcer’s decision is the Knal administrative decision and shall become eNective upon the date of decision.

F. Conduct of Administrative Hearing. An administrative hearing may be conducted for the purpose of abating a violation of this code as follows:

1. The City Manager, or the City Manager’s designee, shall serve as the Hearing OMcer and shall set an administrative hearing at which the City presents its case in support of the contention that a violation of this code does in fact and in law exist and that the named party is responsible.

2. An administrative hearing shall be scheduled and conducted within 60 calendar days after the date a timely and complete request is received by the City Clerk. A responsible person who Kles a request for an administrative hearing to contest an abatement notice shall be notiKed in writing by Krst-class mail of the date, time and location of the hearing at least 10 calendar days prior to the date of the hearing. The failure of an appellant to receive a properly addressed and mailed notice shall not invalidate the notice of abatement or any hearing or City action or proceeding conducted pursuant to this chapter.

3. At the place and time set forth in the notiKcation of administrative hearing, the Hearing OMcer shall hear and consider the testimony of the City Enforcement OMcial, the responsible persons(s) and their witnesses, if any, as well as any documentary evidence presented by the parties.

4. Administrative hearings are informal and formal rules of evidence and discovery do not apply. The City bears the burden of proof by a preponderance of evidence to establish a violation and responsibility therefor. The issuance of an abatement notice by the City shall constitute prima facie evidence of the violation and the Enforcement OMcial who issued the citation is not required to attend or participate at the hearing. The responsible persons(s) and Enforcement OMcial, if present, shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. An appellant may bring an interpreter to the hearing at the appellant’s sole expense. The Hearing OMcer may question any person who presents evidence or who testiKes at any hearing. Parties to an administrative hearing may be represented by counsel at their own expense.

5. A responsible person may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration, and any documents in support thereof, shall be tendered to and received by the City Clerk at least three City business days prior to the hearing. If the responsible person fails to attend the scheduled hearing or to otherwise submit a written declaration in a timely manner, then the Hearing OMcer shall cancel the hearing and send a notice thereof to the responsible person(s) by Krst-class mail to the address(es) stated on the appeal form. A cancellation of a hearing due to nonappearance of the appellant shall constitute the responsible person(s)’s waiver of the right to appeal. In such instances, notice of abatement shall be deemed Knal.

6. Hearings may be continued once at the request of a responsible person or the Enforcement OMcial if requested at least three City business days prior to the hearing. The Hearing OMcer may also continue the hearing for good cause shown.

7. Judicial review of any determination of the Hearing OMcer pursuant to this chapter may be had pursuant to Section 1094.5 of the California Code of Civil Procedure, but only if the petition for writ of mandate authorized by said section is Kled no later than the ninetieth day following the date on which the decision becomes Knal.

• G. Abatement of a Public Nuisance by the City.

1. Once an Enforcement OMcial follows the procedures set forth in this chapter, the public nuisance may be abated by City personnel or by a private contractor at the City’s direction.

2. City personnel or the City’s private contractor may enter upon private property in a reasonable and lawful manner to abate the public nuisance as speciKed in the abatement notice. Interference with the City’s abatement eNorts by a property owner, their agents, or other responsible party shall constitute a violation of this code subject to administrative citation and/or prosecution as a misdemeanor.

H. Abatement Costs.

1. When abatement is complete following a notice of abatement, either by a responsible person or by the City, the Enforcement OMcial shall prepare a cost report describing the work performed by the City in furtherance of achieving abatement of the property with an itemized account of the total abatement related costs.

2. Total abatement costs shall include any costs associated with equipment, supplies, fuel, contractors, City staN time, City Attorney fees and costs, and/or any other costs that can be shown to have caused abatement of a public nuisance or to be necessary to eNectively carry out an abatement order.

3. A copy of the abatement cost report shall be sent to the property owner by Krst class mail. The property owner shall be notiKed of their obligation to remit full payment for the costs of the abatement within 30 calendar days. The failure of the City to provide an abatement cost report within 30 calendar days shall not constitute a waiver of the City’s ability to recover abatement costs under this chapter.

4. The property owner may appeal the abatement costs within 10 calendar days from the date of service by Kling a written appeal request to the City Clerk as set forth in Chapter 1.12 CMC.

5. If the property owner fails to remit full payment for abatement costs within 30 calendar days, the City may place a nuisance abatement lien against the property pursuant to California Government Code Section 38773.1, and/or a special assessment against the property pursuant to California Government Code Section 38773.5 to be collected in the same manner as real property tax is collected.

I. Summary Abatement.

1. Notwithstanding other provisions of this code, whenever the City Manager or their designee determines that an imminent threat to life, public health and safety, or property exists that requires immediate abatement, the City Manager or their designee may exercise the following powers without the notice requirements of this section.

2. Assign City staN and/or a contractor to lawfully enter the property to abate the nuisance by any of the following means, as may be necessary:

   • a. Order the immediate vacation of any occupants and prohibit further occupancy until the nuisance is suMciently abated.

   • b. Post the premises as unsafe, substandard, and/or dangerous.

   • c. Board, fence, or secure the building and/or property.

   • d. Raze and grade that portion of the building or property that is the cause of the public nuisance.

   • e. Remove any hazardous materials or conditions that constitute a public nuisance.

• f. Make any necessary emergency repairs as necessary to eliminate any imminent life safety hazard.

• g. Take any other necessary actions as appropriate to abate imminent threat to life, public health and safety, or property.

J. Summary Abatement Procedures. The Enforcement OMcial shall pursue only the minimum level of correction or abatement necessary to reasonably eliminate the immediacy of the threat. Costs incurred by the City during the summary abatement shall be assessed and recovered against the property owner(s) consistent with the procedures of subsection H of this section. (Ord. 2026-05 § 3 (Exh. A), 2026)