Ione Municipal Code Art. VI Collection of Administrative Fines, Penalties and Costs

All fines, penalties, fees or costs assessed shall be payable to the city, unless otherwise directed on the administrative citation or administrative order.

(Ord. No. 419, § 1, 4-21-2009)

In addition to fines and penalties for violations of this chapter, the city may also recover all costs incurred in the city's enforcement of this chapter. The city's assessment and collection of Code enforcement costs pursuant to this chapter shall not preclude the imposition of, and shall be cumulative to, any administrative or judicial civil penalties, fines, costs or fees.

(Ord. No. 419, § 1, 4-21-2009)

A director may assess enforcement costs against the responsible person when the city incurs costs pursuant to this chapter. Costs may be assessed for work including, but not limited to, inspection or re-inspection of property, processing case files, preparing, posting or mailing notices or other city communications pursuant to this chapter, requesting administrative warrants, preparing for and appearing at administrative or judicial hearings pursuant to this chapter, or any other enforcement action as may be necessary to obtain compliance with this Code or applicable state law. A code enforcement cost schedule shall be established and revised as necessary by the city council. The code enforcement cost schedule shall be filed in the city clerk's office.

(Ord. No. 419, § 1, 4-21-2009)

A director retains discretion to waive or refund any Code enforcement costs if any of the following circumstances exist:

A. A notice of compliance has been issued;

B. The director determines that the responsible person has not caused the Code violation, or that the Code violation was caused by circumstances beyond the responsible person's control; or

C. The responsible person corrects a violation set forth in any warning or written notice issued under this chapter on or before the deadline for compliance set by the city.

(Ord. No. 419, § 1, 4-21-2009)

A. A director shall provide the responsible person with a written notice assessing code enforcement costs that includes the following information:

1. A description of the code enforcement action for which costs are charged;

2. The amount charged; and

3. A deadline by which the costs must be paid.

This notice may appear in any other notice issued pursuant to this chapter, and may be served by any of the means provided in this chapter.

B. The failure of any responsible person to receive such notice shall not relieve the responsible person from the obligation to pay such enforcement costs, or other fines and penalties imposed pursuant to this chapter.

(Ord. No. 419, § 1, 4-21-2009)

A. The director may collect all fines, penalties and costs of code enforcement by the use of all appropriate legal means, including, but not limited to, the recordation of a code enforcement lien. If unable to collect the obligation, the director may refer the obligation to the city attorney to file a court action to recover any fines, penalties and costs.

B. The director may refer delinquent or unpaid fines, penalties or costs to the finance department or other designated agent for collection. Alternatively, the director may pursue any other legal remedy to collect such monies including, but not limited to, those remedies provided in Chapter 1.08. For all delinquent, unpaid fines, penalties or costs, there shall be a penalty imposed in the amount of ten percent of the citation amount, and an additional one percent per month of the total monies dues for each month during the time that fines, penalties, or costs remain unpaid after its delinquency date. The delinquency date for fines, penalties, or costs shall be 60 days following the imposition of the fine or penalty or costs, or the service of the administrative order, whichever is later.

C. Administrative fines, penalties or costs collected pursuant to this article shall be deposited into the special revenue fund for enforcement of this Code.

(Ord. No. 419, § 1, 4-21-2009)

Whenever the amount of any administrative fine or penalty or costs, imposed in an administrative order pursuant to this chapter has not been satisfied in full within 60 days and/or has not been successfully challenged by timely judicial review, these outstanding monies may constitute a special assessment or code enforcement lien against the real property on which the violation occurred.

A. If the responsible person has not paid the administrative fine or penalty or costs, in full within 60 days and the city wishes to confirm the charge as a special assessment against the property, the director shall request the confirmation of the special assessment or code enforcement lien to be placed on the consent agenda of the city council within 120 days of the administrative order.

B. The director shall provide written notice to the responsible person of the request to the city council for the confirmation of the fine or penalty as a special assessment or code enforcement lien against the property at least ten days prior to the city council action.

(Ord. No. 419, § 1, 4-21-2009)

Once payment in full is received by the city for outstanding fines, penalties and costs, the director shall either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so that they may record this notice with the office of the Amador County recorder. Such notice of satisfaction shall cancel the city's code enforcement lien.

(Ord. No. 419, § 1, 4-21-2009)