§ 19.154

This Chapter establishes provisions that are intended to ensure compliance with the requirements of this Development Code and any conditions of planning permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.

All departments, officials, and public employees of the City who are assigned the authority or duty to issue certificates, licenses, or permits shall comply with the provisions of this Development Code.

A.

Permits in conflict with development code. Certificates, licenses, or permits for uses or structures that would be in conflict with the provisions of this Development Code shall not be issued.

B.

Permits deemed void. Any certificate, license, or permit issued in conflict with the provisions of this Development Code shall be void and of no effect.

A.

Use of land. The Director, and the Director's designee(s), shall exercise the authority provided in California Penal Code Section 836.5, and issue Notices of Violation, stop work orders, and citations for any violations of this Development Code pertaining to the use of any land.

B.

Use of structures. The Director, and the Director's designee(s), shall enforce those provisions of this Development Code pertaining to the addition, alteration, construction, conversion, erection, installation, moving, reconstruction, or use of any structure; and to enforce the requirements of occupancy in any dwelling (multi-family, single-family, or two-family) or other structure not otherwise regulated by this Development Code.

A.

By director and building official. The Director and the Director's designee(s) shall have the rights and powers of enforcing the provisions of this Development Code.

B.

Authorized to enter defined areas. For the purpose of necessary investigations and inspections, the Director and the Director's designee(s) are hereby authorized to enter upon the following defined areas of private property within the City:

1.

Any area which is open to the public generally;

2.

Any area which is visible and accessible from the public street and which is not fenced or locked or otherwise physically arranged in a manner as to evidence an intent to prohibit entry;

3.

Any area which is used as common area by persons residing or staying in structures located upon the property, unless the area is fenced or locked or otherwise physically arranged in a manner as to evidence

an intent to prohibit entry; and

4.

Any area where the privacy of an individual would not be violated by entry. Any person who interferes or refuses with the right of entry granted by this Section shall be guilty of a misdemeanor.

This Section describes the procedures for initiating enforcement action in cases where the Director has determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Development Code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Chapter may be avoided.

A.

Notice to responsible parties. The Director, through the City's Code Enforcement Staff, shall provide the record owner of the subject site and any person in possession or control of the site with a written Notice of Violation, which shall include the following information:

1.

A description of each violation and citations of applicable Development Code provisions being violated;

2.

A time limit for correcting the violation(s) in compliance with Subsection B., below;

3.

A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violation(s) in compliance with Section 19.154.100 (Recovery of Costs), and/or initiate legal action as described in Section 19.154.080 (Legal Remedies); and

4.

A statement that the property owner or any person in possession or control of the site may request and be provided a meeting with the Director to discuss possible methods and time limits for the correction of the violation(s).

B.

Time limit for correction.

1.

The Notice of Violation shall state that the violation(s) shall be corrected within 14 days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the Director within that time to arrange for a longer period for correction.

The 14-day time limit may be extended by the Director upon a showing of good cause.

3.

The Director may also require through the Notice of Violation that the correction occur within less than 14 days if the Director determines that the violation(s) constitutes a hazard to public health or safety.

C.

Use of other enforcement procedures. The enforcement procedures of Section 19.154.080 (Legal Remedies) may be employed by the Director after or instead of the provisions of this Section where the Director determines that this Section would be ineffective in securing the correction of the violation(s) within a reasonable time.

A.

Record notice with county recorder's office. If property in the City exists in violation of this Development Code and the owner fails or refuses to correct the violation, the City may record a Notice of Violation against the affected property in the County Recorder's Office.

B.

City actions before recordation. Before recording a Notice of Violation, the City shall do all of the following:

1.

Mailing of notice.

a.

The Director, through the City's Code Enforcement Staff, shall send a written Notice of Violation to the current owner(s) and any mortgage holder(s) that a violation(s) exists and request that the owner(s) correct the violation within a specified, reasonable period of time.

b.

The Director may, in the Director's discretion, send more than one Notice of Violation.

2.

Failure to correct violation.

a.

If the owner fails or refuses to correct the violation(s) within the specified time, the Director, through the City's Code Enforcement Staff, shall mail to the current owner(s) by regular first class and by certified mail a Notice of Intention to record a Notice of Violation, describing the real property in detail, naming the

owner(s), describing the violation in detail (including relevant Municipal Code sections), and stating that an opportunity will be given to the owner(s) to present evidence.

b.

The notice shall specify a time, date, and place for a Commission hearing at which the owner may present evidence to the Commission why the Notice of Violation should not be recorded.

c.

The Commission hearing shall take place no sooner than 30 days and no later than 60 days following the date of mailing of the Notice of Violation.

3.

Commission's actions.

a.

The Commission shall hear the matter on the date schedule.

b.

If, after the owner(s) and the City Staff have presented evidence, the Commission determines that there is no violation, the Director shall mail a clearance letter to the current owner.

c.

If the owner(s) fails to appear, or the Commission determines that there is a violation(s), the Commission may, by resolution, direct the Director to record the Notice of Violation with the County Recorder.

4.

Constructive notice. The Notice of Violation, when recorded, shall be deemed to be constructive notice of the violation(s) to all successors-in-interest in the property, under California Civil Code Sections 1213 and 1215.

5.

Release or cancellation of notice of violation. If the owner corrects the violation(s) or the property otherwise becomes conforming after the Notice of Violation has been recorded, and the owner has notified the City in writing and consented to an inspection to confirm the correction, the Director shall record a release or cancellation of the Notice of Violation.

A.

Violations of this development code.

Any use of land or structures operated or maintained contrary to the provisions of this Development Code and any structure constructed or maintained contrary to the provisions of this Development Code are hereby declared to be a violation of this Development Code and a public nuisance.

2.

The violation of any required condition imposed on a permit or approval shall constitute a violation of this Development Code and may constitute grounds for revocation or modification of the permit in compliance with Chapter 19.152 (Permit Modifications and Revocations).

B.

Guilty of a misdemeanor. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this Development Code shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable in compliance with Municipal Code Section 1.04.100 (Penalty for violation).

The City may choose to undertake any one or all of the following legal actions to correct and/or abate any nuisances or violation(s) of this Development Code.

A.

Civil actions.

1.

Injunction. The City Attorney, upon order of the Council, may apply to the Superior Court for injunctive relief to terminate a violation(s) of this Development Code.

2.

Abatement proceedings. Where any person fails to abate a violation(s) after being provided a Notice of Violation in compliance with Subsection 19.154.060 A. (Record Notice with County Recorder's Office), above, and the opportunity to correct or end the violation(s), the City Attorney, upon order of the Council, shall apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation(s) and require the violator to pay for the cost of the actions.

3.

Nuisance abatement. The City may pursue any remedies or enforcement action(s), as provided in the Municipal Code for the abatement of a nuisance.

B.

Civil penalties and remedies.

Civil penalties. Any person, who willfully violates the provisions of this Development Code, or any permit or approval issued in compliance with this Development Code, shall be liable for a civil penalty in compliance with the Planning Fee Schedule for each day that a violation(s) continues to exist.

2.

Costs and damages. Any person violating any provisions of this Development Code, or any permit or approval issued in compliance with this Development Code, shall be liable to the City for the costs incurred and the damages suffered by the City, its agents, and agencies as a direct result of the violation(s).

3.

Procedure. In determining the amount of the civil penalty to impose, the Court should consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation(s), the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by the defendant.

C.

Criminal actions and penalties. See Section 19.154.070 (Violations), above.

A.

Cumulative, not exclusive. All remedies contained in this Development Code for the handling of violations or enforcement of the provisions of this Development Code shall be cumulative and not exclusive of any other applicable provisions of City, County, or State law.

B.

Other remedies. Should a person be found guilty and convicted of an infraction or misdemeanor for the violation of any provision(s) of this Development Code, or any permit or approval issued in compliance with this Development Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s).

This Section establishes procedures for the recovery of administrative costs, including Staff and City Attorney time expended on the enforcement of the provisions of this Development Code in cases where no permit is required in order to correct a violation. The intent of this Section is to recover City administrative costs reasonably related to enforcement in compliance with Code of Civil Procedure Section 1033.5 and this Section.

A.

Record of costs.

The Department shall maintain records of all administrative costs incurred by responsible City departments associated with the processing of violations and enforcement of this Development Code, and shall recover the costs from the property owner in compliance with this Section.

2.

Staff and City Attorney time shall be calculated at an hourly rate as established and revised from time to time by the Council.

B.

Notice. Upon investigation and a determination that a violation(s) of any of the provisions of this Development Code, or any condition(s) imposed on a permit or approval is found to exist, the Director, through the City's Code Enforcement Staff, shall notify the record owner or any person having possession or control of the property by mail, of the existence of the violation(s), the Department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on any objections they may have. The notice shall be in a form approved by the City Attorney.

C.

Summary of costs and notice.

1.

At the conclusion of the case, the Director, through the City's Code Enforcement Staff, shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified and first class mail.

2.

The summary shall include a notice in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges for City cost recovery within 10 days of the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.

3.

In the event that no request for hearing is timely filed or, after a hearing the Director affirms the validity of the costs, the property owner or person in control shall be liable to the City in the amount stated in the summary or any lesser amount as determined by the Director.

4.

The costs shall be recoverable in a civil action in the name of the City, in any court of competent jurisdiction, or by tax assessment or a lien on the property in compliance with Government Code Section 54988, at the City's election.

5.

The obligation to pay any unpaid costs shall be made a personal obligation of the property owner.

6.

The obligation may be recovered against the property owner through a civil action initiated by the City or its authorized collection agent, or in any other manner provided for by law.

7.

The City shall be entitled to recover all costs related to the civil action, including the City Attorney's fees.

D.

Attorney's fees.

1.

In any action or administrative proceeding to abate a nuisance, the prevailing party in the action or proceeding shall be entitled to recover reasonable attorney's fees; however, the amount of attorney's fees awarded to a prevailing party shall not exceed the amount of attorney's fees incurred by the City in the action or proceeding.

2.

An award of attorney's fees in compliance with this Section shall only be allowed where the City elects, at the initiation of the action or proceeding, to seek recovery of its own attorney's fees.

E.

Request for hearing on costs. Any property owner, or other person having possession or control of the subject property, who receives a summary of costs shall have the right to a hearing before the Director on their objections to the proposed costs.

1.

A request for hearing shall be filed with the Department within 10 days of the service by mail of the Director's summary of costs, on a form provided by the Department.

2.

Within 30 days of the filing of the request, and on 10 days written notice to the owner, the Director shall hold a hearing on the owner's objections, and determine their validity.

3.

In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include:

a.

Whether the present owner created the violation(s);

b.

Whether there is a present ability to correct the violation(s);

c.

Whether the owner moved promptly to correct the violation(s);

d.

The degree of cooperation provided by the owner; and

e.

Whether reasonable minds can differ as to whether a violation(s) exists.

4.

The Director's decision shall be appealable in compliance with Chapter 19.144 (Appeals).

Any person who establishes a land use, or alters, constructs, demolishes, enlarges, erects, maintains, or moves any structure without first obtaining any permit or approval required by this Development Code, shall pay the additional permit processing fees established by the Planning Fee Schedule for the correction of the violations, before being granted a permit for a use or structure on the site.

A.

Amount and applicability of reinspection fees.

1.

A reinspection fee shall be imposed on each person who receives a Notice of Violation, notice and order, or letter of correction of any provision of this Development Code, any permit or approval issued in compliance with this Development Code, the Municipal Code, adopted Building Code, or State law.

a.

The fee amount shall be established by the Planning Fee Schedule.

b.

The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.

2.

The fee shall not apply to the original inspection to document the violation(s) and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, if the correction(s) has been

made.

B.

Continuation of the original case.

1.

If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Development Code or the Municipal Code for less than 90 days, the violation shall be deemed a continuation of the original case, and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee.

2.

This fee is intended to compensate for administrative costs for unnecessary City inspections, and is not a penalty for violating this Development Code or the Municipal Code.

3.

Any reinspection fees imposed shall be separate and apart form any fines or penalties imposed for violation of this Development Code in compliance with Municipal Code Sections 1.04.100 (Penalty for violation), 1.04.101 (Infractions), 1.08.040 (Administrative citation authority and scope), or costs incurred by the City for the abatement of a public nuisance.