Ione Municipal Code Art. II Code Enforcement—administrative Provisions

The city council finds that the enforcement of the Municipal Code is an important public service. Code enforcement is vital to the protection of public health, safety and the quality of life. The city council further finds that a comprehensive Code enforcement system requires a variety of administrative and judicial remedies. The city council also finds that there is a need to establish uniform procedures for administrative enforcement hearings conducted pursuant to this Code. It is the purpose and intent of the city council to afford due process of law to any person who is directly affected by any administrative enforcement action, and efficiently, expeditiously and fairly resolve issues raised in any administrative enforcement action. The city retains the sole discretion to select the manner in which it enforces Code violations, or pursue other legal remedies available to the city.

(Ord. No. 419, § 1, 4-21-2009)

A. Whenever in this Code any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, such violation of this Code or failure to comply with its requirements shall constitute a misdemeanor, unless expressly provided otherwise. Any violation constituting a misdemeanor under this Code may, in the discretion of the city attorney, be charged and prosecuted as an infraction. A conviction of a misdemeanor under the provisions of this Code, unless otherwise provided in this chapter, shall be punishable by a fine of not more than $1,000.00 or by imprisonment for a period of not more than six months or by both fine and imprisonment. A conviction of an infraction under the provisions of this Code, unless otherwise provided in this chapter, shall be punishable by a fine as follows: Upon a first conviction by a fine not exceeding $100.00; upon a second conviction within a period of one year, a fine not exceeding $250.00; and for a third conviction or any subsequent conviction within a period of one year, by a fine not exceeding $500.00.

B. In addition to or in lieu of the remedies provided in subsection A., the city may commence an action for abatement including, but not limited to, an injunction thereof, in the manner required by law and may take such other steps to obtain such relief as will abate or remove a violation and restrain and enjoin any person from violating any provisions of this Code, or other applicable laws. All costs, including attorney's fees, shall be collected in the manner provided for by law.

C. Each and every day any violation of this Code exists may be deemed a separate and distinct offense.

(Ord. No. 419, § 1, 4-21-2009)

This section declares that a violation of this Code or of any ordinance enacted by the city council is subject to an administrative fine or penalty. The procedures are activated by an administrative citation, which may be used at the sole discretion of the city. The remedies provided by this chapter shall be in addition to and cumulative of all other remedies, criminal or civil, which may be pursued by the city to address any violation of its Code or ordinances. Unless expressly provided elsewhere in this Code, this chapter shall govern the procedures for enforcement of and remedies for violations of this Code.

(Ord. No. 419, § 1, 4-21-2009)

A director has the authority to determine whether a violation of this Code exists and take action pursuant to this chapter to enforce compliance with this Code and other applicable law. This authority includes the power to issue written orders and notices regarding Code violations; the power to issue fines and civil penalties; the power to inspect public and private property and abate Code violations and nuisances thereon; and the power to recover enforcement Costs and pursue administrative, judicial, and other available remedies. A director may enter upon any property or premises within the city to ascertain whether a violation of this Code or applicable state law exists, and may conduct any necessary inspections, examinations and surveys. If an owner, occupant, agent or other responsible person does not consent to city staff's entry on or inspection of the premises, the city may seek an administrative warrant or pursue other remedies provided by law to secure entry.

(Ord. No. 419, § 1, 4-21-2009)

Nothing in this Code shall be construed as requiring the city to enforce its prohibitions against all properties that may violate this Code. This Code will be enforced in the city's prosecutorial discretion, as resources permit. This Code is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care towards persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

(Ord. No. 419, § 1, 4-21-2009)

A. Except for an initial notice of violation, whenever a notice is required to be given under this Code for enforcement purposes, the notice shall be served by any of the following methods, unless different provisions are otherwise specifically stated to apply:

1. Personal service; or

2. Certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned;

3. Posting the notice conspicuously on or in front of the property. The form of the posted notice shall be approved by the city manager or his or her designee;

B. Service by certified or regular mail in the manner described above shall be effective on the date of mailing;

C. The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this Code.

D. The notice shall be served to the responsible person and owner, if different from the responsible person. Mailings to the owner shall be sent to the address listed in the last equalized assessment roll of the Amador County assessor.

E. The service requirements of this section do not apply to notices of violation, which may be sent by regular mail.

(Ord. No. 419, § 1, 4-21-2009)

Proof that notice has been served may be made by the certificate of any officer or employee of the city, or by affidavit of any person over the age of 18 years, declaring that service of the notice was effected in conformity with this chapter.

(Ord. No. 419, § 1, 4-21-2009)

A. For purposes of this chapter, a director may record with the Amador County recorder's office a notice against a property, stating that such property is the subject of an administrative enforcement action pending with the city.

B. A notice of pending administrative enforcement action shall be on a form approved by the city manager or his or her designee and shall describe the nature of the administrative action and refer to the Code sections governing such action. The notice shall also specify the name of the owner, the assessor's parcel number, the street address, the parcel's legal description.

C. If the director determines that the violations for which a notice of administrative enforcement action has been recorded have been timely corrected, the director shall record a notice of compliance with the Amador County recorder's office. The recordation of the notice of compliance shall have the effect of cancelling the pending administrative enforcement action.

(Ord. No. 419, § 1, 4-21-2009)

Whenever a director determines that violation of this Code exists, a director may issue a notice of violation to the responsible person. The notice of violation is intended to serve as an initial notice of a violation of this Code, but is not required to precede any other notice, citation or enforcement action pursuant to this chapter. The notice of violation shall include the following information:

A. The name of the responsible person;

B. The name of the owner, if different from the responsible person;

C. Street address of the property at issue;

D. The Code sections in violation;

E. A description of the conditions which violate the applicable Code sections;

F. A list of actions necessary to correct the violation or abate a public nuisance;

G. A date by which the violation must be corrected or the public nuisance abated, or a date by which certain action must be taken; and

H. A list of the potential consequences for failure to comply with the notice of violation including, but not limited to: criminal prosecution, civil injunction, abatement, administrative citations, civil fines or penalties, revocation of permits, and withholding of future municipal permits.

(Ord. No. 419, § 1, 4-21-2009)