La Palma Municipal Code § 44-634 Violations

This division provides procedures to ensure compliance with the requirements of this chapter. Enforcement of these provisions and any approvals granted by the City shall be diligently pursued in order to provide for effective administration, ensure compliance with any conditions of approval, promote the City's planning efforts, and protect the public convenience, health, safety, and general welfare.

(Ord. No. 2015-01, § 3, 5-5-2015)

The Community Development Director shall be responsible for monitoring and enforcing the conditions and standards imposed on all land use permits, entitlements, licenses, maps, and approvals granted by the City. The enforcement shall include the right to inspect properties and structures to ensure adequate compliance with the standards of this chapter. The Police Department, a peace officer, or code enforcement officials may issue citations to enforce this section.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) Any use, structure, or property which is altered, enlarged, erected, established, maintained, moved, or operated, contrary to the provisions of this chapter and/or other related ordinances of the City, or any applicable condition of approval, is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties specified in this Code, including this division. The term "public nuisance" does not include legal nonconforming uses provided under Section 44-706.

(b) A violation of any provision of this chapter shall be subject to enforcement under Article XI.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) Cumulative, not exclusive. All remedies contained in this chapter for the handling of violations or enforcement of the provisions of this chapter and other related ordinances of the City shall be cumulative and not exclusive of any other applicable provisions of City, County, State, or federal law.

(b) Other remedies. If a person is found guilty and convicted of an infraction or misdemeanor for the violation of any provision of this Code, the conviction shall not prevent the City from pursuing any other available remedies to correct the violation.

(Ord. No. 2015-01, § 3, 5-5-2015)

This section describes the procedures for initiating enforcement action in cases where it has been determined that property within the City is being used, maintained, or allowed to exist in violation of the provisions of this chapter or other related ordinances of the City.

(1) Notice to responsible parties. The City shall provide the record owner of the subject site and any person in possession or control of the site (referred to as the responsible party) with a written notice. The Community Development Director shall send a notice by either personal delivery or United States mail to the last known address of the responsible party, specifying the existence of the violation. The notice shall include the following information:

a. A description of the property by street address, parcel number, or other reference sufficient to identify the property.

b. A description of the violations that exist on the property.

c. Reference to the specific legal authority under which the enforcement action is being taken.

d. A time limit for correcting the violation, in compliance with subsection (2).

e. A statement outlining the penalties for violating the provisions of this Code.

f. A statement that the City intends to charge the property owner for all enforcement and administrative costs associated with the abatement of the violation, in compliance with Section 44-638 and/or initiate legal action as described in Section 44-637.

g. A statement that the property owner may request and be provided a meeting with City representatives to discuss possible methods and time limits for the correction of the violations.

h. Other information that the City deems pertinent to obtain compliance.

(2) Time limit for correction.

a. The specific time period for correcting the violations shall be determined by the Community Development Director and shall be based on the severity of its impact upon the community and surrounding properties and the amount of time and expense estimated to be necessary to correct the violation.

b. The written notice shall state that the violation shall be corrected within the specified number of days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the Community Development Director within the specified time to arrange for a longer period for correction.

c. The Community Development Director may approve a time extension where it is determined that the responsible party would likely correct the violation within a reasonable time.

d. If the Community Development Director determines that the violation constitutes a hazard to public health or safety, or if deemed appropriate, the Community Development Director may require immediate corrective action.

(3) Use of other enforcement procedures. The enforcement procedures of Section 44-637 may be employed by the Community Development Director after or instead of the provisions of this section where the Community Development Director determines that this section would be ineffective in securing the correction of the condition/violation within a designated/reasonable period of time.

(Ord. No. 2015-01, § 3, 5-5-2015)

In order to enforce the regulations and standards of this chapter, the City may choose to undertake legal actions as prescribed in Section 2-350 through 2-352.

(Ord. No. 2015-01, § 3, 5-5-2015)

This section establishes procedures for the recovery of administrative costs (e.g., staff, legal, etc.), including staff time expended in the enforcement of the provisions of this chapter and other related ordinances of the City, in cases where no entitlements are required to correct a violation. The intent of this section is to recover City administrative and legal costs reasonably related to the required enforcement actions.

(1) Record of costs.

a. The Community Development Director shall maintain records of all administrative costs, incurred by responsible City departments, associated with the processing of violations and enforcement of the Code, and shall recover the costs from the property owner, in compliance with this section.

b. Staff time shall be calculated at an hourly rate as established and revised from time to time by resolution of the City Council.

(2) Summary of costs and notice.

a. At the conclusion of the case, the Community Development Director shall send a summary of costs associated with enforcement to the responsible party by United States mail. The summary shall include a notice, in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges for City cost recovery within ten days of the date of the notice, and that if no request for hearing is filed, the responsible party shall be liable for the charges.

b. In the event that no request for hearing is filed or, after a hearing, the responsible party shall be liable to the City in the amount stated in the summary or any lesser amount determined by the City Manager.

(3) Request for hearing on costs. A responsible party who receives a summary of the costs shall have the right to a hearing before the City Council on any objections to the charges.

a. A request for hearing shall be filed with the City within ten days following the date of mailing the summary of costs.

b. Within 30 days of the filing of the request, and on ten days' written notice to the responsible party, the City Council shall hold a hearing on the party's objections and determine their validity.

c. In determining the validity of the costs, the City Council shall consider whether total costs are reasonable and necessary in the circumstances of the case.

(Ord. No. 2015-01, § 3, 5-5-2015)