Larkspur Municipal Code Ch. 9.24 Code ENFORCEMENT1

Sections: 9.24.010 Title. 9.24.020 Purpose. 9.24.030 Violation of Licenses, Permits, Approvals, Etc., Constitutes a Violation of This Code – Violation of This Code Constitutes a Public Nuisance. 9.24.040 Causing, Permitting, Etc., a Violation. 9.24.050 Enforcement Officer. 9.24.060 Separate Offenses. 9.24.070 Criminal Enforcement of Code Violations. 9.24.080 Citation for Infraction May Be Processed by the Marin County Traffic Court. 9.24.090 Violations of Rules and Regulations of Subordinate Boards or Commissions. 9.24.100 Civil Action – Collection of Costs by the City. 9.24.110 Administrative Citations. 9.24.120 Enforcement by Order of the City Council. 9.24.130 Summary Abatement Procedure. 9.24.140 Cost Accounts and Imposition of Liens or Special Assessments. 9.24.150 Supplementary Enforcement Authority. 9.24.160 Limitation of Time for Judicial Review of Quasi-Judicial Decisions.

Prior ordinance history: Ords. 914 § 2, 1030 § 2(7), 1036 § 2.

1 Declaration as to what constitutes a nuisance – See California Government Code § 38771. Abatement; expense; lien – See California Government Code §§ 38773 and 38773.5.

This chapter shall be known as the “Code Enforcement Ordinance,” and is hereinafter referred to within this chapter as “this chapter.” (Ord. 1040 § 2, 2019)

Pursuant to Government Code Section 38771 et seq., the City Council establishes the procedures set forth in this chapter for the purpose of obtaining compliance with this code and other laws of the City of Larkspur (“City”), and the abatement of nuisances.

The purpose of this chapter is to provide the City with criminal, civil, and administrative remedies, which shall be in addition to all other legal remedies that may be pursued by the City, to address any violation of this code and other laws of the City. For purposes of this chapter, the Larkspur Municipal Code shall be referred to as “this code” and shall include all current, but uncodified, City ordinances, including the City’s Zoning Ordinance, all incorporated Uniform Codes, any applicable state laws and regulations, and the approvals and agreements identified in Larkspur Municipal Code Section 9.24.030. The election of remedies provided by this code shall be at the sole discretion of the City and its officials. (Ord. 1040 § 2, 2019)

Violation of This Code – Violation of This Code Constitutes a Public Nuisance.

A. It shall be a violation of this code to violate any term or condition of any license, permit, agreement, or approval granted or issued pursuant to this code. Any person, whether as principal, agent, employee or otherwise, violating or contributing to the violation of any license, permit, agreement, or approval granted or issued pursuant to this code shall be subject to the methods of enforcement and fines and penalties provided in this chapter or any other law.

B. A violation of this code, including any continuing violation of any of the provisions of this code, any ordinance of the City, resolution of the City Council, or statute of the state, is hereby declared to be a public nuisance. The City may elect to pursue any remedies for nuisance abatement as provided within this code or under any applicable state or federal statute, including criminal prosecution. The City Manager, or any person designated by the City Manager, may order the abatement of any public nuisance, as defined in this code or in any state or federal statute, following notice and a hearing, unless the nuisance qualifies for summary abatement procedures, as described in Larkspur Municipal Code Section 9.24.130. The City Manager may direct that any required hearing be conducted before any designated board, commission or hearing officer. (Ord. 1040 § 2, 2019)

Causing, permitting, aiding, abetting, contributing to, or concealing a violation of any provision of this code shall constitute a violation of such provision. (Ord. 1040 § 2, 2019)

“Enforcement Officer” means any person who is charged by the City Manager with responsibility for enforcement of any provision of this code. In addition to any other powers conferred upon them by this code or by other state, county or federal law, any designated Enforcement Officer shall have the authority, pursuant to Penal Code Section 836.5, to issue a citation for infractions; to issue a pre-citation notice, as described in Larkspur Municipal Code Section 9.24.110; or to issue a Notice of Violation, as described in Larkspur Municipal Code Section 9.24.120, if such Enforcement Officer has cause to believe that a violation of this code was or is being committed. No officer or employee shall be allowed by their superior to exercise the citation authority herein conferred pursuant to Penal Code Section 836.5, unless such officer or employee is authorized to do so by the City Manager. The City Manager shall ensure that Enforcement Officers authorized to issue citations for infractions have received training designed to instruct each officer or employee who will exercise such citation authority regarding the provisions of the statutes and ordinances to be enforced, the evidentiary prerequisites to proper prosecution for violations thereof, the appropriate procedures for exercising such citation authority, and the legal and practical ramifications and limitations attendant thereto. Any such officers or employees shall be appropriately instructed to deposit executed citations for filing with the court, after review for legal sufficiency. Such training shall not be required for Enforcement Officers using noncriminal means of obtaining compliance with this code. (Ord. 1062 § 14, 2022; Ord. 1040 § 2, 2019)

A separate offense may be deemed committed each day a violation of any provision of this code occurs or continues. (Ord. 1040 § 2, 2019)

A. A violation of this code may be prosecuted as a criminal offense. Unless expressly described as an infraction, a violation of any provision of this code, or failing to comply with any mandatory requirement hereof, shall constitute a misdemeanor. Notwithstanding the preceding sentence or any other section of this code, a violation of this code may, in the discretion of the Enforcement Officer or hearing body, be charged and prosecuted as an infraction.

B. Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions, including but not limited to powers of Enforcement Officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.

C. Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six (6) months or by both fine and imprisonment pursuant to Government Code Section 36901.

D. Every violation determined to be an infraction is punishable by the following:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation.

2. A fine not exceeding two hundred dollars ($200.00) for a second violation within one (1) year that is the same violation of this code.

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation within one (1) year that is the same violation of this code.

E. Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following:

1. A fine not exceeding one hundred thirty dollars ($130.00) for a first violation.

2. A fine not exceeding seven hundred dollars ($700.00) for a second violation within one (1) year that is the same violation of this code.

3. A fine not exceeding one thousand three hundred dollars ($1,300.00) for each additional violation within one (1) year of the first violation that is the same violation of this code.

4. A fine not exceeding two thousand five hundred dollars ($2,500.00) for each additional violation within two (2) years of the first violation that is the same violation of this code, if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

F. Violations of the City’s Short-Term Rental Ordinance.

1. Findings.

a. There is an ongoing housing crisis in the State of California.

b. Violations of the City’s short-term rental ordinance threaten public health and safety as the marketing and operation of housing units as short-term rentals further reduces and threatens the availability of housing, including affordable housing, in the City during the statewide housing crisis.

c. Short-term rentals operating in Larkspur are unlawful and negatively impact the health and safety of
the City’s neighborhoods.

2. Definitions.

a. “Short-term rental” is a rental of a residential dwelling unit (or any portion thereof) to paying
occupants for any period less than thirty (30) consecutive days. Short-term rental includes hosted and
unhosted rentals.

b. “Short-term rental ordinance” means Larkspur Municipal Code Section 18.04.050(A). Short-term
rentals are not permitted by this code, and pursuant to Larkspur Municipal Code Section 18.04.050(A),
“No land shall be used for purposes other than permitted by this title for the district in which the land is
located.” Consequently, short-term rentals are prohibited in Larkspur. Larkspur Municipal Code Section
18.04.050(A) is the City’s “short-term rental ordinance” for purposes of Government Code Section
36900(d).

3. Notwithstanding any other provision of law, a violation of the short-term rental ordinance determined to
be an infraction is punishable by the following:

a. A fine not exceeding one thousand five hundred dollars ($1,500.00) for a first violation.

b. A fine not exceeding three thousand dollars ($3,000.00) for a second violation within one (1) year
that is the same violation of this code.

c. A fine not exceeding five thousand dollars ($5,000.00) for each additional violation within one (1)
year that is the same violation of this code.

G. The City Manager shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

H. Upon entry of a subsequent conviction against the same property owner within a two (2) year period for a condition of real property constituting a public nuisance under this chapter (except for conditions abated pursuant to Health and Safety Code Section 17980), the court may require the owner to pay to the City treble the cost of the abatement, pursuant to Government Code Section 38773.7. Any costs awarded to the City may be enforced in the manner described in Larkspur Municipal Code Section 9.24.160. (Ord. 1060 § 2, 2022; Ord. 1040 § 2, 2019)

Traffic Court.

As an alternative to criminal prosecution of a violation as an infraction, an Enforcement Officer may issue a citation for a violation, which shall be processed by the Traffic Court of the Marin County Superior Court, and fines shall be imposed consistent with the City’s bail schedule on file with the court, notwithstanding the schedule of fines established in this chapter for violations that are determined to be infractions. (Ord. 1040 § 2, 2019)

Commissions.

Unless this code expressly provides otherwise, criminal enforcement of any of the following violations shall be as infractions only: any conduct or activity declared to be a violation of any rule or regulation adopted by any subordinate board or commission established pursuant to a resolution adopted by the City Council. This section shall not be interpreted as requiring criminal enforcement of any of the violations listed in this section. (Ord. 1040 § 2, 2019)

A. The provisions of this code may be enforced by a civil court action, prosecuted by the City Attorney in the name of the City.

B. Whenever the City Attorney is authorized or directed to commence or sustain any civil action or proceeding, either at law or in equity, to enforce any of the provisions of this code, or any rule, regulation or order promulgated or issued pursuant to this code, or any condition of an approval, permit or license granted pursuant to this code, or to enjoin or restrain any violation thereof, or otherwise to abate any public nuisance, or to collect any sums of money on behalf of the City, then the prevailing party in such action or proceeding shall be entitled to collect all costs and expenses of the same, including attorney’s fees in an amount not to exceed the amount of attorney’s fees incurred by the City in the action or proceeding, as authorized by Government Code Section 38773.5(b). Any award of costs and expenses pursuant to this section or Government Code Section 38773.5 shall be made a part of the judgment in any such prosecution.

C. Upon entry of a second or subsequent civil judgment against the same property owner within a two-year period for a condition of real property constituting a public nuisance under this chapter (except for conditions abated pursuant to Health and Safety Code Section 17980), the court issuing judgment may order the owner to pay treble the cost of the abatement, pursuant to Government Code Section 38773.7. (Ord. 1040 § 2, 2019)

A. This section provides for administrative citations which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this code or other public nuisances. The fines and administrative penalties provided under this chapter are enacted under the authority of the City’s general police powers, and Government Code Sections 36901 and 38773.5. The City Manager, or any designated Enforcement Officer, shall have the authority to gain compliance with all provisions of this code. These powers include the power to issue a pre-citation notice, as described herein, the power to inspect public and private property, and to seek and employ whatever remedies are available under this code.

B. Definitions. For the purposes of this section, the following definitions shall apply:

Administrative Citation. An "administrative citation" is an official notification, on a form meeting the criteria of this section, of violation of any provision of this code. Administrative citations require correction of the identified violation(s) and impose penalties on the responsible person(s).

Person Responsible. A “person responsible” is any person an Enforcement Officer determines is responsible for causing, maintaining, committing, or allowing a violation of this code. A “person responsible” includes without limitation any person who exercises legal or physical control over a property or business premises in the City, such that the person responsible is capable of preventing or correcting violations of this code.

Pre-citation Notice. A "pre-citation notice" is an official notification, on a form meeting the criteria of this section, of violation of any provision of this code. Pre-citation notices require correction of the identified violation(s).

C. Administrative Citation and Pre-Citation Notice.

1. Whenever an Enforcement Officer determines that a violation of this code has occurred, the
Enforcement Officer shall have the authority to issue an administrative citation to any person responsible for
the violation, pursuant to the process outlined in subsection 3 of this section.

2. For ongoing violations of this code that create an immediate danger to health or safety, the Enforcement
Officer may immediately issue an administrative citation without providing prior notice. Prior to issuing an
administrative citation for a continuing violation of this code that does not create an immediate danger to
health or safety, the Enforcement Officer shall serve a pre-citation notice on the person responsible
containing the following information:

a. The date the violation was observed;

b. The address or a definite description of the location where the violation was observed;

c. The section of this code violated and a description of the violation;

d. The compliance date by which the violation shall be corrected or otherwise remedied, which shall be
no less than seven (7) days and no more than sixty (60) days from the date the pre-citation notice was
given, as determined to be reasonable by the Enforcement Officer;

e. A statement that if the violation is not corrected by the specified compliance date, that an
administrative citation will be issued which imposes a fine, the amount of which will be specified;

f. The fine schedule for the violation(s); and

g. The name, signature, and department of the Enforcement Officer issuing the pre-citation notice.

3. Within a reasonable period after the time specified for correction of the violation contained in the pre-
citation notice, the Enforcement Officer will conduct a follow-up inspection to determine whether the
violation has been corrected. If the violation has not been corrected, the Enforcement Officer may issue an
administrative citation that includes an administrative penalty in the form of a fine in accordance with subsection (D) of this section. Then, within a reasonable period of time to allow for correction of the violation
in the sole discretion of the City, the Enforcement Officer will conduct another follow-up inspection. If the
violation has not been corrected, the Enforcement Officer will issue a second fine in accordance with the
amount of fines in this section. The Enforcement Officer will continue to conduct follow-up inspections to
determine whether the noticed violations have been corrected and issue fines for noncompliance in
accordance with this section until the violation has been corrected. After the issuance of the initial
administrative citation, each time that an Enforcement Officer determines that a previously noticed violation
has not been corrected shall constitute an additional violation of this code.

4. Each administrative citation shall contain the following information:

a. The date of the violation;

b. The address or a definite description of the location where the violation occurred;

c. The section of this code violated and a description of the violation;

d. The amount of the fine for the code violation;

e. A description of the fine payment process, including a description of the time within which and the
place to which the fine shall be paid;

f. An order requiring the correction of any continuing violation of the code and prohibiting the
continuation or repeated occurrence of the code violation described in the administrative citation;

g. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for the administrative citation may be obtained; and

h. The name, signature and department of the citing code enforcement official.

D. Amount of Fines for Administrative Citations.

1. For any violation of the Larkspur Municipal Code not pertaining to local building or safety codes for
which no other specific penalty is established, the fine imposed by an administrative citation for that violation
shall be:

a. One hundred dollars ($100.00) for a first violation;

b. A fine of two hundred dollars ($200.00) for a second violation of the same provision of the Larkspur
Municipal Code within one year of the first violation; and

c. Five hundred dollars ($500.00) for each additional violation of the same provision within one year of
the first violation.

2. For any violation of the Larkspur Municipal Code pertaining to the local building or safety codes for
which no other specific penalty is established the fine imposed by an administrative citation for that violation
shall be:

a. One hundred thirty dollars ($130.00) for a first violation;

b. Seven hundred dollars ($700.00) for a second violation of the same ordinance within one year;

c. One thousand three hundred dollars ($1,300.00) for each additional violation of the same ordinance
within one year of the first violation; and

d. Two thousand five hundred dollars ($2,500.00) for each additional violation of the same ordinance
within two (2) years of the first violation if the property is a commercial property that has an existing
building at the time of the violation and the violation is of a local building and safety code that is an
infraction and is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized
use of the property.

e. The City will make available a process for granting a hardship waiver to reduce the amount of the
fine for a second or third violation of the same ordinance or local building and safety code that is an
infraction upon a showing by the person responsible that the person responsible has made a bona fide
effort to comply after the first violation and that payment of the full amount of the fine would impose an
undue financial burden on the person responsible.

3. Notwithstanding subsection (C)(3) of this section, pursuant to Larkspur Municipal Code Section 9.24.060,
the Enforcement Officer may impose a fine for each day that an ongoing violation of this code occurs. In that
event, each day that an ongoing violation has not been corrected shall be treated as a separate violation. If
the Enforcement Officer elects to impose a fine for each day that an ongoing violation occurs, the pre-citation
notice and administrative citation shall each state the method of calculating the fine.

4. Payment of the Fine. The fine specified in the administrative citation shall be paid to the City within thirty
(30) days from the date of the administrative citation, even if the recipient of the administrative citation
chooses to request a hearing to contest the administrative citation. In the event that the recipient of an
administrative citation chooses to request a hearing to contest the citation, the recipient may apply for an
advance deposit hardship waiver, as described in this section.

5. Requirements for Post-Hearing Refund of Fine. Any administrative citation fine paid pursuant to subsection
(A) of this section shall be refunded in accordance with subsection (J) of this section if it is determined, after a
hearing, that the person charged in the administrative citation was not responsible for the violation or that
there was no violation charged in the administrative citation.

6. Payment of a fine under this section shall not excuse or discharge any continuation or repeated
occurrence of the code violation that is the subject of the administrative citation.

E. Hearing Request.

1. Any recipient of an administrative citation may contest that there was a violation of this code, or that they are the responsible person, by completing a request for hearing form and returning it to the City Clerk or other person specified in the administrative citation within thirty (30) days from the date of the administrative citation, together with an advance deposit of the fine, except where an advanced deposit hardship waiver has been obtained in accordance with procedures adopted by the City Manager or designee.

2. A request for hearing form may be obtained from the department specified on the administrative citation.

3. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.

F. Administrative Hearing Officer. The City Manager shall designate an Administrative Hearing Officer who shall be an independent decision-maker and conduct the hearing on any contest to an administrative citation.

G. Hearing Procedure.

1. No hearing to contest an administrative citation before an Administrative Hearing Officer shall be held
unless the fine has been deposited in or an advance deposit hardship waiver has been obtained in
accordance with procedures adopted by the City Manager or designee.

2. The date of a hearing before the Administrative Hearing Officer shall be set for a date that is not less
than fifteen (15) days and not more than sixty (60) days from the date that the request for the hearing is filed
in accordance with the provisions of this chapter. The date of the administrative hearing shall be no sooner
than ten (10) days from the date that notice of the hearing is provided. Notice of the hearing shall be provided
to the person(s) to whom the administrative citation was issued and, if the violations of this code described in
the notice of violation relate to the condition of real property, shall be posted on the property where the
violations occurred.

3. At the hearing, the party contesting the administrative citation, and the Enforcement Officer, shall be
given the opportunity to testify and to present evidence concerning the administrative citation. Written
testimony and arguments and evidence from the party contesting the administrative citation and the
Enforcement Officer shall be submitted to the Hearing Officer at least five (5) days before the hearing. The
Hearing Officer may limit the time for any person to present oral testimony.

4. The failure of any recipient of an administrative citation to appear at the administrative citation hearing
shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

5. The administrative citation and any report submitted by the Enforcement Officer to the Administrative
Hearing Officer shall constitute prima facie evidence of the respective facts contained in those documents.

6. The Administrative Hearing Officer may continue the hearing for good cause, and request additional
information from the Enforcement Officer or the recipient of the administrative citation prior to issuing a
written decision; provided, that the hearing shall not be continued for more than fifteen (15) days.

H. Administrative Hearing Officer’s Decision.

1. On the basis of a preponderance of the evidence, the Hearing Officer shall determine whether to affirm or dismiss the administrative citation.

2. Within fifteen (15) days after the conclusion of the hearing, the Administrative Hearing Officer shall issue a written decision to uphold or cancel the administrative citation and to uphold or modify the amount of the fine specified in the administrative citation and shall list in the decision the reasons for that decision. The decision of the Administrative Hearing Officer shall be final. The Administrative Hearing Officer’s decision shall include a statement that the recipient of the administrative citation has appeal rights.

   3. The Administrative Hearing Officer’s decision shall include a statement that the person who received the administrative citation may contest the decision by filing a notice of appeal in accordance with the timelines and procedures specified in Government Code Section 53069.4.

   4. If the Administrative Hearing Officer determines that the administrative citation should be upheld and

   the amount of the fine not modified, then the fine amount on deposit with the City shall be retained by the

   City.

   5. If the Administrative Hearing Officer determines that the administrative citation should be upheld,

   including the amount of the fine, and the fine has not been deposited pursuant to an advance deposit hardship waiver, then the Administrative Hearing Officer shall set forth in the decision a schedule for payment of the fine, which shall not extend more than one hundred and eighty (180) days from the date of the decision.

   6. If the Administrative Hearing Officer determines that the administrative citation should be canceled or

   that the amount of the fine should be reduced and the fine was deposited with the City, then the City shall promptly refund the amount deposited and the amount specified in the decision of the Administrative Hearing Officer, together with interest at the average rate earned on the City’s investment portfolio for the period of time that the fine amount was held by the City.

   7. The recipient of the administrative citation shall be served with a copy of the Administrative Hearing Officer’s written decision.

I. Late Payment Charges. Any person who fails to pay to the City any fine imposed pursuant to the provisions of this section on or before the date that the fine is due shall be liable for a late payment charge, as set forth below, in addition to the amount of the fine:

Number of Days Overdue Penalty

31–60 days after due date 10% of the balance due

61–90 days after due date 20% of the balance due

91 days or more after due date 20% of the balance due

J. Recovery of Administrative Citation Fines and Costs. The City may collect any past due administrative citation fine or late payment charge by use of all available legal means, including but not limited to recovery through a lien on the responsible party’s property pursuant to Government Code Section 38773.1 or through a special assessment on the responsible party’s property pursuant to Government Code Section 38773.5, if the violation occurred on the responsible party’s property. The City also may recover its collection costs, including reasonable attorneys’ fees, in any administrative citation process or civil action brought to collect administrative citation fines and late payment charges.

K. Right to Judicial Review. Any person aggrieved by the decision of an Administrative Hearing Officer on an administrative citation may obtain review of the decision by filing a notice of appeal with the Marin County Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.

L. Notices.

1. The administrative citation, pre-citation notice, Administrative Hearing Officer decision, and all notices
required to be given by this section shall be served on the responsible party. Notice shall be given either by
personal delivery thereof to the person to be notified, or by deposit in the United States mail in a sealed
envelope postage prepaid, addressed to such person to be notified at the person’s last known business or
residence address as the same appears in the public records pertaining to the matter to which such notice is
directed. Service by mail shall be deemed completed at the time of deposit in the post office.

2. Failure to receive any notice specified in this chapter does not affect the validity of proceedings
conducted hereunder. (Ord. 1062 § 14, 2022; Ord. 1040 § 2, 2019)

A. General Provisions and Definitions.

1. The City Manager, or any designated Enforcement Officer, shall have the authority to gain compliance
with all provisions of this code. These powers include the power to issue a Notice of Violation, as described in
this section, the power to inspect public and private property, and to seek and employ whatever remedies are
available under this code.

2. For the purposes of this section, “person responsible” shall mean any person an Enforcement Officer
determines is responsible for causing, maintaining, committing, or allowing a violation of this code. A “person
responsible” includes without limitation any person who exercises legal or physical control over a property or
business premises in the City, such that the person responsible is capable of preventing or correcting
violations of this code. The Enforcement Officer may determine that more than one person is the person
responsible and may serve notice on and require compliance by all persons determined to be the person
responsible.

B. Subject to subsection (F) of this section, whenever an Enforcement Officer finds that a provision of this code has been violated, they may notify the person responsible in writing of the violation. If the Enforcement Officer seeks compliance with this code pursuant to this section, the form of written notice shall be a Notice of Violation, which shall be served in the manner described in subsection (C) of this section. The Enforcement Officer shall include in the Notice of Violation the following information:

1. Date and location of the violation, including the address or definite description of the location where the
violation occurred or is occurring;

2. Section(s) of the code being violated and a description of the violation;

3. Actions required to correct or abate the violation and a reasonable amount of time for said actions to be
commenced, and the correction or abatement to be completed, considering the criteria in subsection (D) of
this section;

4. Notice that the person responsible on whom notice is served may, within fifteen (15) calendar days of
the date of the Notice of Violation, appeal said violation to the appeals hearing body;

5. An order prohibiting the continuation or repeated occurrence of a violation of this code described in the
Notice of Violation; and

6. The signature of the citing Enforcement Officer.

C. The Notice of Violation required under this section shall be personally served on the person responsible, or shall be sent by registered or certified United States mail to the property owner at the last known address listed on the most recent Tax Assessor’s records. In the case of service by registered mail or certified mail, service shall be completed at the time of deposit into the United States mail. Where service is by registered mail or certified mail upon the property owner, a copy of the Notice of Violation shall be conspicuously posted at the property which is the subject of the Notice of Violation, for a period of not less than three (3) calendar days prior to the first date that commencement of corrective action or abatement is to be undertaken. The failure of any person to receive a Notice of Violation that was sent via registered or certified mail shall not affect the validity of any enforcement proceedings under this chapter. In the event that the person responsible refuses to accept registered or certified mail, the Enforcement Officer may send the Notice of Violation by regular mail by including a proof of service declaration.

D. The Enforcement Officer shall retain a declaration of the person effecting service, declaring the date, time, and manner that service was made, and the date and place of posting if applicable.

E. The time allowed for correction of a violation shall be a “reasonable time” in the judgment of the Enforcement Officer, based upon the circumstances of the particular violation, taking into consideration the means required to correct the violation, the period of time that the violation has existed, and the potential threat to public health and safety created by the violation.

F. The Enforcement Officer may issue a verbal notice, or an informal written notice, to correct the violation(s). However, if, following a verbal or informal written notice, the violation has not been corrected within the specified time period, the Enforcement Officer shall issue a formal written Notice of Violation.

G. Any recipient of a Notice of Violation may request an appeals hearing to contest that the conditions identified constitute a violation or that they are the person responsible, by completing a “request for hearing form” and returning it to the City Clerk within fifteen (15) days from the date of the Notice of Violation. At the time of returning the request for hearing form to the City Clerk, the person or entity requesting the appeals hearing shall pay an appeals processing fee as established by resolution of the City Council. Failure to pay the appeals processing fee, or make arrangements for the payment of the fee, may result in the hearing being postponed until the payment of such fee.

H. If the recipient of a Notice of Violation does not submit a proper request for an appeals hearing, and does not comply with the Notice of Violation by the specified date, the Enforcement Officer may issue an order to show cause (OSC) in the manner and form described herein, requiring a hearing before the City Council. Any hearing requested under this section, whether an appeals hearing or an OSC hearing, shall be conducted under the procedures set forth below.

I. Any hearing conducted pursuant to this section, whether an appeals hearing requested by a recipient of a Notice of Violation, or pursuant to an OSC, shall be set for a date not less than fifteen (15) days nor more than sixty (60) days from the date that the request for hearing form or OSC is filed in accordance with this section, unless the Enforcement Officer determines that the matter is urgent or that good cause exists for an extension of time, in which case the date for such hearing may be shortened, or extended, as warranted by the circumstances.

J. If the Enforcement Officer issues an OSC, a copy of the OSC shall be served on the responsible person in the manner described in subsection (C) of this section. Where real property is involved, a copy of the OSC, along with a copy of the original Notice of Violation, shall be served on the property owner at the address as it appears on the last Marin County assessment roll available on the date the OSC is prepared. The OSC must contain the date, time, and place at which the hearing will be conducted.

K. Any hearing provided in this section shall provide a full opportunity for the responsible person to appear and object to the determination that a violation has occurred and/or that the violation continues to exist. The failure of any responsible person to appear at a requested appeals hearing or a duly noticed OSC hearing shall constitute a failure by such party to exhaust their administrative remedies, and a waiver of the same.

L. At the place and time set forth in the notice of hearing, the City Council shall conduct a hearing on the Notice of Violation. The City Council shall consider any written or oral evidence regarding the violation that may be presented by the responsible person, any officer or agent of the City, and any other interested party.

M. After receiving all of the evidence presented, the public portion of the hearing shall be closed. The City Council may then consider what action, or actions, if any, should be taken, including the imposition of any fines or penalties.

N. Within thirty (30) days following the conclusion of the hearing, the City Council shall issue written findings and make a determination regarding the existence of the violation and/or the failure of the responsible person to take required corrective action within the specified time period. If the City Council finds by a preponderance of the evidence that a violation occurred, or that a violation was not corrected within the time period specified in the Notice of Violation, the City Council may issue an administrative order, in accordance with subsection (P) of this section. If the City Council finds that no violation occurred or that the violation was corrected within the specified time period, the City Council shall issue a written finding of those facts.

O. The recipient or recipients of a Notice of Violation shall be served with a copy of the decision of the City Council, including an administrative order if one is issued, in the manner and method set forth in subsection (C) of this section.

P. An order of the City Council may impose any, all, or any combination of the following remedies:

1. An order requiring the responsible person to correct or eliminate the nuisance condition, including a proposed schedule for correction or elimination where appropriate;

2. An order authorizing the City to take whatever steps are necessary to correct or eliminate the nuisance condition, including a proposed schedule for correction/elimination, where appropriate;

3. A fine or penalty in an amount not to exceed five hundred dollars ($500.00) per day for each ongoing violation, up to a maximum penalty or fine of ten thousand dollars ($10,000.00) for each violation, exclusive of any amounts imposed for recovery of administrative costs. In determining the amount of fine or penalty to be imposed, the hearing body should consider the factors listed in subsection (R)(4) of this section;

4. An order allowing for recovery of administrative costs. Administrative costs may include costs incurred by the City in connection with the proceeding, including attorneys’ fees, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, and the cost of any re-inspection necessary to enforce the order. Such costs, if unpaid, may be recovered by the City through a lien on the property pursuant to Government Code Section 38773.1 or through a special assessment pursuant to Government Code Section 38773.5.

Q. Any person aggrieved by an administrative order of the City Council may obtain review of said administrative order in the Marin County Superior Court by filing with the court a petition for writ of mandate, subject to the conditions described in Larkspur Municipal Code Section 9.24.160.

R. Fines and Penalties.

1. The bail schedule described in Larkspur Municipal Code Section 9.24.080 shall not limit or affect the amount of actual fines or penalties imposed, including any fines and penalties authorized by Government Code Section 36901, nor shall said bail schedule limit or preclude the recovery of any costs incurred by the City in enforcing the provisions of this code or abating any nuisance condition, where the same may be lawfully imposed.

   2. Any fine or penalty imposed by the City Council after a hearing pursuant to this section shall be paid to the City within thirty (30) days from the City Council’s decision, unless an extension of time is requested by the responsible person and granted by the Enforcement Officer or City Council.

   3. Any appeal processing fee that is paid pursuant to this section shall be refunded to the payee if it is determined, after a hearing, that the person charged in the Notice of Violation was not responsible for the violation or that there was no violation as charged in said notice.

   4. Payment of a fine or penalty imposed pursuant to this section shall not excuse or permit any continuation or repeated occurrence of the violation that is the subject of the Notice of Violation.

   5. In determining the amount of a fine or penalty to be levied against the responsible person pursuant to this section, the City Council may take the following factors into consideration:

      a. The duration of the violation;

      b. The frequency, re-occurrence, and number of violations by the same violator;

      c. The seriousness of the violation;

      d. The justification, if any, for the existence, or continuance, of the violation;

      e. The good faith efforts of the violator to mitigate the violation or to come into compliance, pursuant to the terms of the pre-citation notice; f. The impact of the violation on the community;

      g. The economic impact of the proposed penalty or fine on the violator;

      h. The factors listed in the Uniform Administrative Code Section 304.5.2; and

      i. Such other factors as justice may require.

   6. Any fine or penalty imposed pursuant to this section shall accrue from the date specified in the Notice of Violation and shall continue to accrue on a daily basis until the violation is corrected, if so stated in the Notice of Violation. The determination of compliance or elimination of the violation shall be determined by the Enforcement Officer, or the City Council at the time of a hearing. The City Council, in its discretion, may suspend the imposition of any applicable fines or penalties for a period of time not to exceed sixty (60) days during which:

      a. The violator has filed for, or obtained, permits necessary for the correction of the violation(s) described in the Notice of Violation; and

      b. Such permit applications are actively pending before, or have already been issued by, the City, state, or other appropriate governmental agency.

S. Any penalty or fines assessed by the Enforcement Officer, or the City Council following an appeals hearing, are a debt owed to the City. In addition to all other means of enforcement, any fines, penalties, or order allowing recovery of enforcement costs specified in the order of the hearing body may be enforced as a personal obligation of the responsible person. If the violation is in connection with real property, any fines, penalties, or order allowing recovery of enforcement costs may be enforced by imposition of a lien or special assessment upon the real property. Any lien or special assessment imposed upon the real property shall remain in effect until all of the penalties, fines, interest, and enforcement costs are paid in full. (Ord. 1062 § 14, 2022; Ord. 1040 § 2, 2019)

Whenever, in the reasonable judgment of the Enforcement Officer, the existence or continuance of any public nuisance poses an imminent or immediate danger of significant harm to persons or property, or endangers the public health, welfare or safety, an Enforcement Officer may act to abate such nuisance. The expense or cost resulting from such summary abatement shall be enforceable as a personal obligation of the person, persons, or entity responsible for the nuisance, including the property owner of any property on which such public nuisance exists, whether or not the owner is in possession of the property. The expense or cost of summary abatement may be imposed as a lien or a special assessment, as described in Larkspur Municipal Code Section 9.24.140. (Ord. 1040 § 2, 2019)

A. If a judicial order authorizes the City to abate a public nuisance or the City summarily abates a public nuisance pursuant to Larkspur Municipal Code Section 9.24.130, the Enforcement Officer shall keep an accounting of the cost of abatement and shall render a written report to the City Council showing the cost of removing and/or abating the nuisance. Before the report is submitted to the City Council, a copy shall be posted for at least three (3) business days on the City Hall bulletin board with a notice of the time and place when the report will be submitted to the City Council for confirmation. A copy of the report and notice shall be mailed to the violator, or the owner of the property where the nuisance existed if the nuisance concerned real property, at the address shown on the last tax roll. The copy of the report and notice shall be mailed at least ten (10) days prior to the submission of the report to the City Council.

B. At the time and place fixed for receiving and considering the report, the City Council shall hear a summary of the report and any objections by the violator or property owner against whom the cost of abatement is being charged or against whose property an abatement lien or special assessment may be imposed for the cost of abatement. After considering the report and any objections thereto, the City Council may make such modifications to the report as it deems appropriate, after which the report shall be confirmed by resolution or order.

C. Any fines or penalties imposed for violations of this code, including any other codes or statutes that have been incorporated into this code, any expenses of enforcement, and the cost or expenses associated with the abatement of a public nuisance that are levied in accordance with this chapter may be enforced by the recordation of a lien against the property of the violator or the owner of the real property where the nuisance condition existed. Any such lien shall be recorded in the County Recorder’s office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien. A lien authorized by this section shall specify the amount of the lien, the name of the city on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed and the name and address of the recorded owner of the parcel. Before recordation of a lien authorized by this section, notice shall be served on the owner of record of the parcel of land on which the nuisance existed, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served in the same manner as a summons in a civil action. If the owner of record cannot be found, after a diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in a newspaper of general circulation published in Marin County, California. Any fee imposed on the City by the County Recorder for costs of processing and recording the lien and the cost of providing notice to the property owner in the manner described herein may be recovered from the property owner in any foreclosure action to enforce the lien after recordation.

D. As an alternative to the lien procedure described above, any fines or penalties imposed for violations of this code, including any other codes or statutes that have been incorporated into this code, any expenses of enforcement, and the cost or expenses associated with the abatement of a public nuisance that are levied in accordance with this chapter, may become a special assessment and lien against the real property where the nuisance condition existed. Any special assessment imposed on real property pursuant to this section may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as is provided for ordinary municipal taxes. Notice of any special assessment that is levied on real property, pursuant to this section, shall be given to the property owner by certified mail, and shall contain the information set forth in Government Code Section 38773.5(c). All laws applicable to the levy, collection, and enforcement of municipal taxes, including those described in Government Code Section 38773.5(c), shall be applicable to such special assessment. (Ord. 1040 § 2, 2019)

Nothing in this chapter shall prevent the City from initiating a criminal, civil or administrative enforcement action, or any other legal or equitable proceeding, to obtain compliance or to discourage noncompliance with the provisions of this code. The enforcement procedures described in this chapter are intended to be alternative methods of obtaining compliance and/or discouraging noncompliance with the provisions of this code and are expressly intended to be in addition to any other remedies provided by law. It is the intent of the City Council that the immunities prescribed in Penal Code Section 836.5 shall be applicable to public officers or employees acting in the course and scope of employment pursuant to this chapter. (Ord. 1040 § 2, 2019)

A. Except as otherwise provided herein, the provisions of California Code of Civil Procedure (CCP) Section 1094.6 or successor statute are hereby adopted and any petition for review of an administrative decision of the City of Larkspur, or of any of its boards, commissions, departments, agencies, or persons authorized to render such a decision, shall be filed within the time limits prescribed therein. Notwithstanding such time limits, where a shorter time limitation is provided by any other law, such shorter time limit shall apply.

B. The limitation provided in subsection (A) of this section shall apply to any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken and discretion in the determination of facts is vested in the person(s) conducting the hearing.

C. The limitation provided in subsection (A) of this section shall apply to all quasi-judicial proceedings now pending or hereafter begun. Written notice of said limitation of CCP 1094.6 shall be given to the parties by the decision-maker in substantially the following form:

The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure Section 1094.6. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time is provided by any State or Federal law, such shorter time limit shall apply.

D. The limitation provided in subsection (A) of this section shall be construed to require that petitions filed pursuant to CCP 1094.6 for review of administrative decisions rendered prior to the effective date of the ordinance codified in this chapter must be filed within ninety (90) days from the date upon which notice of the time limits provided in this section is mailed or personally delivered to all parties to such administrative decision, unless a shorter time limit applies. Notice under this subsection shall be in substantially the following form:

By ordinance, the time limits set forth in California Code of Civil Procedure Section 1094.6 have been

made applicable to the decision rendered by (decision maker) on (date) concerning (title or description of administrative action). Judicial review must be sought not later than the 90th day following the date of this notice, except that where a shorter time limit is prescribed by any other law, such shorter time limit shall apply.

E. This section shall not be deemed to revive any cause of action or grounds for relief through a special proceeding which is barred by law or equity.

F. All costs of preparing a record which may be recovered by a local agency pursuant to CCP 1094.6(c) or successor statute shall be paid by the petitioner prior to delivery of the record to petitioner. (Ord. 1040 § 2, 2019)