Hughson Municipal Code Art. I General

The city council finds and determines as follows:

A. In adopting the ordinances codified in this chapter, one of the primary intents is to enforce the provisions of the municipal code and applicable state codes within the city.

B. The city has an important interest in setting standards and procedures to enforce the municipal code and applicable state codes in order to protect public health, safety, and welfare.

C. It is appropriate to develop policies and procedures to provide a comprehensive, uniform, and efficient system of code enforcement, including the use of administrative hearings and adjudicative procedures to resolve code enforcement issues.

D. The policies and procedures established in this part shall be in addition to any criminal, civil, or other legal remedies established by law which may be pursued to address violations of this code and/or applicable state codes, including, but not limited to, the provisions of California Civil Code Section 2929.3, as it is now or may be amended, relative to foreclosed properties.

E. It is the purpose and intent of the city council to afford due process of law to any person who is directly affected by an administrative action by the city. Due process of law affords an affected party adequate notice of the code provisions that he or she has violated, provides the affected individual opportunity to participate in the administrative hearing regarding those violations, and provides the affected individual with an explanation of the reasons justifying the administrative action.

F. The procedures set forth in this chapter are intended to establish a means to efficiently, expeditiously and fairly resolve issues raised in administrative enforcement actions brought pursuant to the provisions of the Hughson Municipal Code, the state codes and/or applicable uniform codes.

(Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)

A.

"Abatement"

means any action the city may take to remove or alleviate a nuisance, including, but not limited to, demolition, removal, repair, cleaning, boarding, and securing or replacement of property.

B.

"Administrative citation"

means a citation issued by a city official in response to any code violation which imposes fines or penalties associated with the code violation.

C.

"Administrative order"

means an order issued by the appeals board after a hearing, which requires a responsible party to correct violations; abate a public nuisance or to pay administrative fines, civil penalties and/or administrative costs; authorizes the city to abate a public nuisance, assess a code enforcement lien, or to take any other action as authorized or required by this code, the state codes and/or applicable uniform codes.

D.

"Appeals board"

means the board of five people appointed by the city council by resolution responsible for presiding over administrative hearings conducted under this code. A quorum of three board members is required to hear an appeal.

E.

"Assessment lien" or "code enforcement lien"

means a lien recorded with the Stanislaus County recorder's office for the purposes of collecting outstanding administrative citation fines, civil penalties, and administrative costs imposed as part of a cost recovery for an administrative or judicial code enforcement action.

F.

"Building"

means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, or property.

G.

"Building inspector"

means that person hired or appointed by the city to determine compliance with all adopted building codes.

H.

"City"

means the area within the territorial city limits of the city of Hughson and such territory outside this city, over which the city has jurisdiction or control by virtue of any constitutional or general law provisions, by contract, or any law. "City" shall also mean the city council, the city manager, or any city official, department, or employee authorized to act on behalf of the city.

I.

"City manager"

means the appointed official of the city of Hughson who occupies the position of chief administrative officer of the city.

J.

"Code"

means the city of Hughson Municipal Code, unless otherwise specified.

K.

"Code enforcement official"

means a specially designated city code enforcement officer or any city employee authorized to enforce any provision of this code, state codes, or applicable uniform codes within the city.

L.

"Council"

means the city council of the city of Hughson.

M.

"County"

means the county of Stanislaus.

N.

"Department"

means any department of the city, including, but not limited to, public works, parks and recreation, administration, planning and building, finance, or any subsequently established city department.

O.

"Department head"

shall include each of the directors or heads of the city departments and shall also include the police chief, the city engineer and their designated agents or representatives within those respective jurisdictions who are charged with the responsibility of enforcing any provision of this code.

P.

"Imminent and substantial endangerment"

means any condition which creates a present and immediate danger to life, property, health or public safety.

Q.

"Notice of compliance and satisfaction"

means a document issued by a code enforcement official which represents that a property has been brought into compliance with the criteria set forth under this code and all outstanding civil penalties and costs have either been paid in full or that the city has negotiated an agreed amount and that amount has been paid in full, or that a subsequent administrative or judicial decision has resolved the outstanding debt. This document may be recorded with the county recorder's office.

R.

"Notice of violation"

means a written notice issued by a code enforcement official which informs a responsible party that a code violation has occurred or is ongoing, and lists the required compliance actions the responsible party must undertake to remedy the code violation. This document may be recorded with the county recorder's office.

S.

"Nuisance abatement order"

means a written order issued by the appeals board ordering a property owner or responsible party to abate a nuisance within a certain time, and if compliance is not achieved within the time allotted, authorizing the city to abate the nuisance at the property owner's or responsible party's expense, including administrative costs.

T.

"Nuisance cease and desist notice"

means a written order issued by the city or code enforcement official, ordering the property owner or responsible party to cease engaging in activities that constitute a nuisance, and take the necessary remedial steps to abate the nuisance. Failure to comply with a nuisance cease and desist order can result in a nuisance abatement hearing, the issuance of a nuisance abatement order, and abatement of the nuisance conditions by the city at the property owner's or responsible party's expense.

U.

"Oath"

includes sworn affirmation.

V.

"Office"

means the use of the title of any office, officer, or employee and shall mean such office, officer, or employee of the city of Hughson.

W.

"Operate" or "engage in"

includes to carry on, keep, conduct, maintain, or cause or allow to be kept or maintained.

X.

"Owner,"

applied to a building or land, shall include any part owner, joint owner, tenant in common, or joint tenant, of the whole or a part of such building or land.

Y.

"Person,"

unless it otherwise appears from the context as used, includes any person, firm, association, organization, partnership, business trust, company, corporation, public agency, school district or other special district, the state of California, its political subdivisions and/or instrumentalities thereof, or any other entity which is recognized by law as the subject of rights or duties.

Z.

"Premises"

means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent street areas.

AA.

"Property owner"

means the record owner of real property, as listed on the last equalized assessment roll maintained by the Stanislaus County assessor's office.

BB.

"Public nuisance"

means any condition caused, maintained, or permitted to exist which constitutes a threat to the health, safety or welfare of the public or a considerable number of persons, or one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. A public nuisance shall also have the same meaning as set forth in the California Civil Code.

CC.

"Responsible party"

means any person, and the parent or legal guardian of any natural person under the age of 18 years, who has done any act for which a notice of violation or administrative citation may be issued, or any other enforcement procedure may be imposed.

DD.

"State"

is the state of California.

EE.

"State codes"

shall mean any statute, code, or regulation of the state of California including, but not limited to, the Health and Safety Code, the Streets and Highways Code, and the California Code of Regulations.

FF.

"Street"

includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, parkways or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

GG.

"Tenant" or "occupant,"

as applied to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others.

HH.

"Uniform codes"

shall mean any of the uniform codes adopted by the city or effective by operation of California State law.

(Ord. 08-08 § 1, 2008; Ord. 18-02 §§ 1, 2, 2018; Ord. 06-11 § 1, 2006)

Code enforcement officials and/or their designated agents have the authority and powers necessary to determine whether a code violation exists, and have the authority to take appropriate action against the responsible party to gain compliance with the provisions of this code, state codes, and applicable uniform codes. These powers include the power to issue notices of violation, administrative citations, notices and orders, as well as impose civil penalties and administrative fines; and use any and all of the administrative remedies available under this code, the state codes, and applicable uniform codes.

(Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)

A code enforcement official may request, and shall receive, the assistance and cooperation of other officials of this jurisdiction so far as such cooperation is required in assisting the code enforcement official in carrying out his or her duties under this code and ensuring compliance with this code, the state codes, and any applicable uniform codes.

(Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)

A. Code enforcement officials and/or their authorized agents have the authority to enter upon any public or private property or premises to ascertain whether the provisions of this code, state codes, or applicable uniform codes are being obeyed, and to make any examinations and surveys as may be necessary in the performance of their code enforcement duties. These examinations and surveys may include the taking of photographs, samples, or using instruments to collect other physical evidence including, but not limited to, using sound level measurement devices to measure noise disturbances.

B. All inspections, entries, examinations and surveys shall be done in a reasonable manner, with reasonable notice to the owner, occupant, or agent thereof, if warranted under the circumstances. If an owner, occupant or agent or other responsible party refuses a code enforcement official permission to enter or inspect, the code enforcement official or authorized agent may seek an administrative inspection warrant pursuant to the procedures provided for in Section 1822.50 et seq. of California Code of Civil Procedure.

(Formerly 1.17.040; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)

A. It is unlawful for any person to:

1. Either orally or in writing give information to a code enforcement official which the person knows to be false; or

2. Remove or violate a notice or order posted as required by any provision of this code, for the purpose of interfering with or preventing the enforcement thereof; or

3. Obstruct, impede or interfere with the lawful activities of any code enforcement official or their authorized agents, including entry onto property, and inspections, examinations or surveys thereof.

B. When an assault or a battery is committed against the person of a code enforcement official engaged in the performance of his or her duties, whether on or off duty, and the person knows or reasonably should know that the victim is a code enforcement official engaged in his or her duties, the assault or battery shall constitute a misdemeanor and is punishable by a fine not exceeding $2,000, or by imprisonment in a county jail not exceeding one year, or by both fine and imprisonment.

(Formerly 1.17.050; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)

Under this title, the term "days" shall mean calendar days, unless otherwise specified.

(Formerly 1.17.060; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)

A. Administrative citations and all notices required to be given by this chapter shall be served on the responsible party in accordance with the provisions of HMC § 1.17.090.

B. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.

(Formerly 1.17.090; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)

A. Administrative citations and/or any notices required under this chapter shall be given to the responsible party and/or property owner either by personal service or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at his or her last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

B. Where real property is involved, administrative citations and/or notices shall be mailed to the property owner at the address as shown on the last equalized county assessment roll.

C. Where personal service or service by mail upon the property owner is unsuccessful, a copy of the administrative citation or notice shall be conspicuously posted at the property which is the subject of the code violation.

D. In the event the city chooses to impose a lien or special assessment on real property that is the subject of code violations in order to recover unpaid fines, fees or charges associated with the code violation, any such notice shall also be served on each of the following, if known to the city or disclosed from official public records:

1. The holder of any mortgage or deed of trust or lien or encumbrance of record;

2. The owner or holder of any lease of record.

E. The failure of any person to receive any notice required under this chapter shall not affect the validity of any proceedings taken under this chapter.

(Formerly 1.17.100; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)