Etna Municipal Code Art. XIII Other Remedies

The city may seek and obtain any remedies which may also be available to the city pursuant to the California Unfair Business Practices Act as set forth in Sections 17000 through 17208 of the California Business and Professions Code.

(Ord. 217, 2015)

The city may seek and obtain any remedies which may also be available to the city pursuant to the California Drug Abatement Act as set forth in Sections 11570 through 11587 of the California Health and Safety Code.

(Ord. 217, 2015)

The city may seek and obtain any remedies which may also be available to the city pursuant to the California housing law as set forth in Sections 17910 through 17995.5 of the California Health and Safety Code.

(Ord. 217, 2015)

The city may seek and obtain any remedies which may also be available to the city pursuant to the California Red Light Abatement Act as set forth in Sections 11225 through 11235 of the California Penal Code.

(Ord. 217, 2015)

The code enforcement officer may seek such civil penalties and other relief as may be awarded under the provisions of the unfair competition laws commencing at Section 17200 of the Business and Professions Code.

(Ord. 217, 2015)

The building official may seek and order suspension and/or revocation, pursuant to the Uniform Building Code and/or any applicable statute, rule, code or regulation, of any certificate of occupancy for any property which is being maintained in violation of the Etna Municipal Code, and/or any applicable statute, rule, code or regulation.

(Ord. 217, 2015)

A. If the fines imposed under this chapter are not paid within the time specified, such fines shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code, and shall be transmitted to the tax collector for collection and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ad valorem taxes.

B. If, subsequent to service of the notice and order prior to transmittal of the notice of unpaid costs to the tax collector for collection as set forth in subsection (A) of this section, the property subject to the notice and order is sold, or title otherwise transferred to a bona fide purchaser, said costs shall be the responsibility of the owner of record as of the date said notice and order was placed in the United States Postal System or posted on the property.

C. In addition to assessing the unpaid costs as provided in subsection (A) of this section, the tax collector or his designated representative may pursue any remedy provided by law for collection of the unpaid costs.

(Ord. 217, 2015)

The code enforcement officer may seek a court order that the owner not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation or amortization paid in association with the cited dwelling in accordance with provisions of Section 17980.7(b) of the Health and Safety Code and Sections 17274 and 24436.5 of the Revenue and Taxation Code.

(Ord. 217, 2015)

The city may seek and obtain injunctive relief to enjoin any violation or continuing violation of the Etna Municipal Code and/or any applicable statute, rule, code or regulation.

(Ord. 217, 2015)

Penalties for violations of the state housing law, Section 17910 et seq. of the Health and Safety Code, are set forth in Sections 17995 through 17995.5 of the Health and Safety Code.

(Ord. 217, 2015)

As part of any court action, the city is authorized to require any person responsible for causing or maintaining conditions which constitute a public nuisance to post a performance bond to ensure compliance with the Etna Municipal Code and/or any applicable statute, rule, code or regulation.

(Ord. 217, 2015)

The city may initiate and maintain a private nuisance action against any person or entity responsible for causing or maintaining conditions which constitute a nuisance as against any property of the city.

(Ord. 217, 2015)

The city may seek and obtain any remedies for an appointment of a receiver which may also be available to the city pursuant to Sections 17980 through 17992 of the California Health and Safety Code.

(Ord. 217, 2015)

The fee for any re-inspection shall be established by resolution of the city council.

(Ord. 217, 2015)

Pursuant to Section 38773.7 of the Government Code, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner or person described in Section 38772(d)(3) of the Government Code is responsible for a condition that may be abated pursuant to Section 38773.7 of the Government Code, a court may order that person to pay treble the costs of abatement.

(Ord. 217, 2015)

The building official and any other authorized agent may seek and order stop work orders pursuant to the Uniform Building Code and/or any applicable statute, rule, code or regulation, whenever any work is being done contrary to the provisions of the Etna Municipal Code and/or any applicable statute, rule, code or regulation.

(Ord. 217, 2015)

Nothing in this chapter shall preclude the city from seeking abatement and/or an inspection warrant at any time and independent from any other remedy provided by the Etna Municipal Code and/or any applicable statute, rule, code or regulation.

(Ord. 217, 2015)

The remedies set forth in this chapter shall be cumulative and in addition to any and all other remedies, civil, equitable or criminal, afforded to the city under the law.

(Ord. 217, 2015)