Isleton Municipal Code Ch. 1.12 Administrative Remedies

A. The administrative remedies provided below are in addition to other remedies available to address a violation of the city Code.

B. The use of remedies shall be at the sole discretion of the city.

(Ord. No. 369)

A. Enforcement officer means any person designated by the city council as an "enforcement officer."

B. Premises means the real property, if any, on which the violation is occurring or exists.

(Ord. No. 369)

A. The enforcement officer may issue a written compliance order whenever he or she determines that a violation of a city Code is occurring or exists.

B. The compliance order shall be directed to the record owner of the premises and to the occupant of the premises or to any other person believed to be responsible for the nuisance. A copy of the compliance order may also be directed to any person with an interest of record in the premises.

C. A compliance order shall contain the following information:

1. The date and location of the violation;

2. The code or law violated and a description of the violation;

3. The actions required to correct the violation;

4. The time period after which administrative penalties will begin to XXX if compliance with the order has not been achieved;

5. Either a copy of this provision or an explanation of the consequence of noncompliance with this Code and a description of the hearing procedure and appeal process.

(Ord. No. 369)

A. All notices required by this Code shall be served as follows:

1. Written notice shall be mailed to the owner of the premises at the property owner's address as shown on Sacramento County's last equalized assessment roll.

2. Where personal service or service by mail upon the property owner is successful, a copy of the order shall be conspicuously posted at the property that is the subject of the order.

B. Notice of a hearing shall contain the date, time and place of the hearing.

C. The failure of any person to receive a notice required by this Code shall not affect the validity of any proceedings taken under this Code.

(Ord. No. 369)

A. If the enforcement officer determines that all violations have not been corrected, within the time specified in the compliance order, the enforcement officer shall advise the city clerk to set a hearing before the city council.

B. The city clerk shall cause a written notice of hearing to be served on the violator and, where real property is involved, on the owner of the real property.

C. The city council shall conduct a hearing on the compliance order at the place and time set forth in the notice of hearing.

D. The city council shall consider any written or oral evidence consistent with its rules and procedure regarding the violation and compliance by the violator or by the real property owner.

E. Within a reasonable time following the conclusion of the hearing, the city council shall make a finding and issue its determination regarding:

1. The existence of the violations.

2. The failure of the violator or owner to correct the violation within the time specified in the compliance order.

F. The city council shall issue written findings. The findings shall be supported by evidence received at the hearing.

G. If the city council finds by preponderance of evidence that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the city council shall issue an administrative order containing the following:

1. An order to correct, including a schedule of correction where appropriate;

2. Administrative penalties as provided in section 1.12.060;

3. Administrative costs as provided in section 1.12.060.

H. If the city council finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the city council shall issue a find of those facts.

(Ord. No. 369)

A. The city council may impose administrative penalties for the failure to correct a violation within the time specified in the compliance order. For each violation the amount of such penalties shall not exceed:

1. $1,000.00 per day;

2. $100,000.00 per violation; and

3. The maximum penalty permitted by law.

In addition, the city council may require the violator to pay the city's administrative costs related to the violation.

B. In determining the amount of the administrative penalty, the city council may take any or all of the following factors into consideration:

1. The duration of violation;

2. The frequency, reoccurrence and number of violations, related or unrelated, by the same violator;

3. The seriousness of the violation;

4. The good faith efforts of the violator to come into compliance;

5. The economic impact of the penalty on violator;

6. The impact of the violation on the community.

(Ord. No. 369)

A. The city council shall assess administrative costs against the violator when it finds that a violation has occurred and that compliance has not been achieved within the time specified in the compliance order.

B. The administrative costs may include any and all costs incurred by the city in connection with the matter before the appeals hearing city council including, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, and costs for all reinspections necessary to enforce the compliance order.

(Ord. No. 369)

Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the city council may be enforced either as a personal obligation of the violator or a lien upon the subject real property that shall remain in effect until all the administrative penalties, interest and administrative costs are paid in full.

(Ord. No. 369)

Any person aggrieved by an administrative hearing city council may obtain review of the administrative order in the superior court by filing with the court a petition for writ of mandate.

(Ord. No. 369)

The city may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien.

(Ord. No. 369)

If the enforcement officer determines that compliance has been achieved after a compliance order has been sustained by the city council, the enforcement officer shall file a report indicating that compliance has been achieved.

(Ord. No. 369)

A. If the enforcement officer does not file report, a violator who believes that compliance has been achieved may request a compliance hearing before the appeals hearing city council by filing a request for a hearing with the secretary to the city council.

B. The hearing shall be noticed and conducted in the same manner as a hearing on a compliance order as stated in 1.12.050 above.

C. The city council shall determine if compliance has been achieved, and if so, when it was achieved.

(Ord. No. 369)

Whenever the amount of any administrative penalty and/or administrative cost imposed by appeals hearing city council pursuant to this Code in connection with real property has not been satisfied in full within 90 days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien against the real property on which the violation occurred.

(Ord. No. 369)

A. Any person whose real property is subject to lien may file a written protest with the city clerk and/or may protest orally at the city council meeting.

B. Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protect or objection.

C. The city council, after the hearing, shall adopt a resolution conforming, discharging or modifying the amount of the lien.

(Ord. No. 369)

Thirty days following the adoption of a resolution by the city council imposing a lien the city clerk shall file the same as a judgment lien in the office of the county recorder of Sacramento County. The lien may carry such additional administrative charges as set forth by resolution of the city council.

(Ord. No. 369)

Once the city receives payment in full for all outstanding penalties and costs, the city clerk shall either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record this notice with the county recorder's office. Such notice of satisfaction shall cancel the city's lien.

(Ord. No. 369)