Elk Grove Municipal Code Art. II Violations and Penalties

A. Existence of a Substandard Dwelling. All dwellings, or portions thereof, shall be maintained, repaired or reconstructed in accordance with the housing code. Any dwelling, or portion thereof, which has become a substandard dwelling as defined herein is declared to be a nuisance and a misdemeanor and shall be abated through correction, repair, reconstruction or demolition in accordance with applicable provisions of this chapter.

B. Rent or Lease of Substandard Dwelling. It shall be unlawful and a violation of this code for the owner(s) or parties in interest of any dwelling, or portion thereof, that is a substandard dwelling to rent or lease, or to offer for rent or lease the substandard dwelling, or any portion thereof. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

C. Failure to Obey Notice and Order. It shall be unlawful and a violation of this code for any owner to fail or refuse to comply with the terms and provisions stated in any notice and order issued under this chapter. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

D. Rental without Inspection. It shall be unlawful and a violation of this code for any owner or party in interest to rent to another person a vacant dwelling unit which is the subject of a pending enforcement action under this chapter, until such dwelling unit has been inspected by the City for housing code compliance, and has passed such inspection, and written evidence thereof has been received. For purposes of this section, a dwelling unit is the subject of a pending enforcement action under this chapter if all repairs and work required by a notice and order previously issued, amended, or supplemented by the City concerning such dwelling unit have not been completed with all required building permit inspections finalized. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

E. Any residential dwelling shall be considered substandard and uninhabitable should the dwelling not possess an operable connection to all utilities. It shall be unlawful for any substandard dwelling as defined here to be occupied until operable utility connections have been established.

F. Removing Notice and Order without Inspection. It shall be unlawful and a violation of this code for any individual to remove a notice to vacate attached to the structure of a vacant dwelling unit which is the subject of a pending enforcement action under this chapter, until such dwelling unit has been inspected by the City for housing code compliance, and has passed such inspection, and written evidence thereof has been received. For purposes of this section, a dwelling unit is the subject of a pending enforcement action under this chapter if all repairs and work required by a notice and order previously issued, amended, or supplemented by the City concerning such dwelling unit have not been completed with all required building permit inspections finalized. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

G. Removing Boards. It shall be unlawful and a violation of this code for any person to remove, deface or destroy any boards placed by the Director pursuant to EGMC Chapter 16.23 without prior written permission of the Director. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

(Ord. 2000-1 § 1, eff. 7-1-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 8-2010 § 2, eff. 5-14-2010)

A. Any person violating this code may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

B. Fines. The City may seek, in addition to all other remedies available at law, criminal sanctions, contempt and other penalties provided for under Chapter 6, Division 1.5 (commencing at Section 17995) of the Health and Safety Code.

C. Administrative Civil Penalties.

1. Imposition. In addition to any other remedies provided by this code or State law, there is hereby imposed an administrative civil penalty of up to Five Thousand and no/100ths ($5,000.00) Dollars for each violation of this chapter. Notice of any administrative civil penalty shall be served and proof of service shall be made in the same manner as provided in EGMC Section 16.20.405(D). The notice shall provide that any administrative civil penalty imposed shall be administratively reviewed by a Hearing Officer before it is enforced. When violation of this chapter pertains to a continuing violation of building, plumbing, or electrical issues that do not create an immediate danger to health or safety, as determined by the Director, or designee, the violator shall be provided with a reasonable time to correct or otherwise remedy the violation prior to imposition of the penalty. The Director, or designee, shall determine and notify the violator of the time within which the violator must correct or remedy the violation. That notice shall provide that an administrative civil penalty will be imposed if the continuing violation is not remedied or corrected within the time stated.

2. Administrative Review. Enforcement of the administrative civil penalty imposed by the Director, or designee, shall be by written order issued by the Hearing Officer following notice and an opportunity for hearing. Procedures concerning notice, conduct of the hearing, and service shall be as provided herein. The order of the Hearing Officer concerning the administrative civil penalty shall be in writing resolving the essential issues raised and confirming, amending or rejecting the administrative civil penalty imposed by the Director, or designee. In reaching a decision concerning any administrative civil penalty, the Hearing Officer shall be guided by factors including, but not limited to: the danger to public health, safety and welfare represented by the violation, recidivism, and any economic benefit associated with noncompliance.

3. Judicial Review. The manner of contesting the final order of the Hearing Officer concerning any administrative civil penalty is governed by Section 53069.4 of the Government Code, or any successor provision thereto. Service of the notice of appeal authorized by Section 53069.4 of the Government Code upon the City shall be served upon the City Clerk.

D. Separate Offense for Each Day of Violation/Continuing Violation. Each person violating this chapter shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter or a failure to comply with any regulation adopted pursuant to EGMC Section 16.20.330 is committed, continued, or permitted by any such person. Any violation which persists for more than one (1) day is deemed a continuing violation for the purpose of this chapter.

E. Payment of Costs of Enforcement/Collection. In addition to any penalty, sanction, fine or imprisonment, each person who violates the provisions of this chapter, or who is convicted of any violation of any provision of this chapter, or who fails to comply with any regulation adopted pursuant to EGMC Section 16.20.330, shall be required to pay any and all expenses of enforcement including those costs necessary to bring the dwelling, building or portion thereof into compliance with this chapter and any regulation adopted pursuant to EGMC Section 16.20.330. In addition to all remedies herein contained, the City may pursue all reasonable and legal means in collecting those sums authorized and due.

F. Attorneys’ Fees. Pursuant to Section 25845 of the Government Code, attorneys’ fees may be recovered by the prevailing party. However, in no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding.

(Ord. 2000-1 § 1, eff. 7-1-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 7-2009 § 3, eff. 5-1-2009)