Folsom Municipal Code Art. II Administrative Enforcement Procedures

The city manager shall have overall responsibility and authority to enforce the provisions of the Folsom Municipal Code or other applicable laws. The city manager may delegate to department heads or other appropriate subordinates the authority to enforce any of the provisions of the Folsom Municipal Code or other applicable laws which relate to the responsibilities of their department. The city manager may also delegate to the police department or code enforcement officer the authority to enforce any of the provisions of the Folsom Municipal Code or other applicable laws.

(Ord. 846 § 2 (part), 1996)

The purpose of administrative enforcement is to obtain fair and uniform compliance with the provisions of the Folsom Municipal Code and other applicable laws.

(Ord. 846 § 2 (part), 1996)

Administrative enforcement of the provisions of the Folsom Municipal Code and other applicable laws shall be limited to cases where: (1) specific bona fide citizen complaints have been received, (2) where the violation occurs within the context of the city’s oversight and approval of a project, or (3) where the enforcement action is a part of a plan for the uniform enforcement of a provision of the Folsom Municipal Code or other applicable laws within the city. No notice to correct or notice of administrative violation shall be issued pursuant to a citizen complaint until the enforcement authority has conducted an independent investigation and determined that there is good cause to believe that a violation of the Folsom Municipal Code or other applicable laws has occurred. The enforcement authority shall keep a record of all citizen complaints.

(Ord. 846 § 2 (part), 1996)

Whenever a violation is discovered which can be corrected and the responsible person has not been issued a notice to correct or notice of administrative violation for the same violation within the past 12 months, the enforcement authority shall issue a notice to correct in order to notify the responsible person of the violation and to order that the violation be corrected within a reasonable time. Unless a different period is specifically set forth in the Folsom Municipal Code, 10 calendar days shall be considered a reasonable time to correct any violation. The notice to correct shall be in writing and shall set forth the facts that constitute the violation, the specific provisions of the law which have been violated, the specific acts required to correct the violation, the time allowed to correct the violation, and the rights to appeal the notice to correct. If the violation is related to a permit, license or other city approval of a project, the notice to correct may be accompanied by a stop order which orders the responsible person to immediately stop any and all work on the project that is subject to the permit, license or approval until the violation is corrected. The notice to correct shall be served in accordance with the provisions of Section 1.09.027.

(Ord. 846 § 2 (part), 1996)

A notice of administrative violation may be issued under any of the following circumstances:

A. When the violation cannot be corrected;

B. When the violation can be corrected, a notice to correct has been served, and the specified time has passed without adequate correction of the violation;

C. When a stop order has been issued and has not been complied with by the responsible person;

D. When the same violation has been committed by the same responsible person within the past 12 months and a notice to correct or notice of administrative violation has been served on the responsible person within that same 12 month period.

The notice of administrative violation shall be in writing and shall set forth the facts constituting the violation, the specific provisions of the law which have been violated, the proposed sanctions for the violation as specified in Section 1.09.013 of this chapter, and the rights that the responsible person has to appeal the notice of administrative violation. The notice of administrative violation shall be served as provided in Section 1.09.027.

(Ord. 846 § 2 (part), 1996)

A. Whenever necessary to make an inspection to enforce the Folsom Municipal Code or other applicable laws, or whenever there is reasonable cause to believe there exists a violation of the Folsom Municipal Code or other applicable laws in any building or upon any premises within the jurisdiction of the city, any authorized official of the city may, upon presentation of proper credentials, enter such building or premises at all reasonable times (as that phrase is defined in Section 1.08.020(k) of this title) to inspect the same or to perform any duty imposed by the Folsom Municipal Code or other applicable laws.

B. Except in emergency situations or when consent of the owner and/or occupant of the building or premises to be inspected has been obtained, the city official shall give the owner and/or occupant, if they can be located after reasonable effort, 24 hours written notice of the authorized official’s intention to inspect through a notice of intention to inspect. The notice of intention to inspect shall state that the property owner has the right to refuse entry and, that in the event such entry is refused, inspection may be made only upon issuance of an administrative warrant or search warrant as allowed by law by a duly authorized judge.

C. The written notice of intention to inspect shall be served by certified mail, return receipt requested. Where the authorized official intends to inspect within the next 24-hour period, the written notice shall be hand delivered. The notice of intention to inspect may be left with any person above the age of 18 who identifies himself/herself as an occupant, tenant or owner of the premises. If no one is at the premises at the time of delivery, the notice of intention to inspect shall be posted in 2 conspicuous places on the premises.

D. Prior to entering the premises, the authorized official conducting the inspection shall ascertain from the owner and/or occupant whether the notice of intention to inspect has been received and shall obtain permission for entry. Unless an emergency situation exists, if the owner and/or occupant refuses entry after such a request has been made, or if no actual contact is made with the owner and/or occupant prior to the attempt to enter, the official must seek assistance from any court of competent jurisdiction in obtaining such entry.

(Ord. 846 § 2 (part), 1996)

Nothing in this chapter shall be interpreted to preclude an enforcement authority from informally encouraging citizens to comply with the Folsom Municipal Code or other applicable laws. Informal oral or written requests to encourage compliance are encouraged as are attempts to informally negotiate or mediate issues relating to compliance.

(Ord. 846 § 2 (part), 1996)

Any notices required under this chapter except a notice of intention to inspect pursuant to Section 1.09.025 shall be served by personal delivery to the responsible person or by certified mail, return receipt requested, to the last known address of the responsible person. If the responsible person is not present for personal delivery, if certified mail is refused, or if the location of a responsible person cannot be determined after diligent efforts, notices may be posted in a conspicuous place on the affected property for a period of 10 calendar days and by mailing first class to the last known address. When there is no affected property, such alternative service shall be accomplished by publication of any notices in a newspaper of general circulation that is most likely to give actual notice to the responsible person 2 times in a 10-day period and by mailing first class to the last known address.

(Ord. 846 § 2 (part), 1996)

Whenever the responsible person is a person under the age of 18, the enforcement authority shall provide copies of all notices and orders specified in this title to the parent(s) and/or legal guardian. Any administrative sanctions levied under this chapter may be levied against the juvenile and the parent(s) and/or legal guardian of the juvenile. The parent(s) and/or legal guardian shall have the right to a hearing and judicial review as set forth in this chapter. In addition to any other defenses that may be raised to the administrative violation, the parent(s) or legal guardian may raise a defense that the parent(s) or legal guardian have exercised good faith efforts to control the behavior of the minor but have been unsuccessful in achieving such control.

(Ord. 846 § 2 (part), 1996)

The city shall take all reasonable steps to ensure that the identity of any person making a complaint to the city concerning a violation of the Folsom Municipal Code or other applicable laws shall remain confidential. However, no enforcement action shall be taken beyond issuance of a notice of correction unless: (1) the complaining witness agrees to be identified upon request of the responsible person, or (2) the enforcement authority has developed sufficient independent evidence to proceed with a notice of administrative violation.

(Ord. 846 § 2 (part), 1996)