Live Oak, Sutter County Municipal Code Ch. 1.11 Enforcement of the City of Live Oak Municipal Code and Other Applicable…

The City of Live Oak adopts the procedures and remedies set forth in this title for the enforcement of Chapters 1.12, 1.16, 8.08, 8.16, 8.24, 10.72, 12.16, 15.01, 15.43, 17.60, of the Live Oak Municipal Code including, without limitation, to:

A. Provide standards for the enforcement of the City of Live Oak Municipal Code and other applicable laws;

B. Establish administrative sanctions for violations of the Live Oak Municipal Code and other applicable laws as an alternative to criminal or civil enforcement penalties;

C. Establish a hierarchy of administrative sanctions and a prescribed method for enforcement through administrative hearings that are consistent with constitutional protections;

D. Provide for administrative abatement to remedy code violations and to provide for the recovery of costs incurred in administrative abatement as allowed for by State law; and

E. Provide for judicial review of final administrative orders or decisions made pursuant to this title in accordance with the procedures set forth in the California Code of Civil Procedure Sections 1094.5 and 1094.6.

(Ord. 456 § 1, 2000)

As used in this chapter:

"Administrative sanctions"

means the sanctions set forth in this chapter for violations for the City of Live Oak Municipal Code or other applicable laws.

"Administrative violation"

means any violation or alleged violation of the Live Oak Municipal Code or other applicable laws for which enforcement is to be handled through the administrative procedures established in this title.

"Applicable laws"

means any provisions of the Live Oak Municipal Code, any Uniform codes as adopted by the City of Live Oak, design standards adopted by the City of Live Oak, conditions imposed on any entitlement or environmental documents issued or approved by the City of Live Oak, and those State laws enforced by the City of Live Oak which also have been designated by ordinance for enforcement pursuant to the procedures established in this title.

"Citizen complaint"

means a report of an alleged violation of the Live Oak Municipal Code or other applicable laws by any person or entity.

"Code"

means the Live Oak Municipal Code to include all uniform codes adopted thereunder.

"Design standards"

means written design standards, design guidelines or development standards that may be adopted by resolution or ordinance from time to time by the City and/or Planning Commissions, or that may be adopted as part of the conditions of approval on any project, that govern development of land within the City and that are on file with the City Clerk.

"Enforcement authority"

means designated department head, Building Official, code enforcement officer or police official charged with responsibility for enforcement under this chapter.

"Entitlement"

means any project approval issued by the Live Oak City Council, the Live Oak Planning Commission, or any other committee, commission or department as allowed for under procedures established by the Live Oak Municipal Code or State law.

"Notice of administrative violations"

means the notice issued by the enforcement authority of an alleged infringement of the Live Oak Municipal Code or other applicable laws.

"Notice to correct"

means the notice issued by the enforcement authority for required action to achieve compliance with the Live Oak Municipal Code or other applicable laws.

"Reasonable time(s)"

means between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday inclusive, unless otherwise required by: (1) an emergency impacting the safety or preservation of life or property; or (2) the fact that the alleged violation of the Live Oak Municipal Code or other applicable laws only occurs at some other hour or on a weekend.

"Responsible person"

means any person or entity charged with or found to have violated the Live Oak Municipal Code or other applicable laws. "Responsible person" includes the parents and/or legal guardian of any person under the age of 18, who is charged with a violation of the Live Oak Municipal Code or other applicable laws.

"Stop order"

means a written order issued by the enforcement authority or designee that any and all work on a project, improvement or other development must cease on the terms and conditions set forth in the order.

"Uniform Codes"

means those Uniform Codes that have been adopted and amended from time to time by ordinance by the City of Live Oak City Council, the Uniform Building Code, the Uniform Housing Code, the Uniform Fire Code, the Uniform Building Code Material Testing and Installation Standards, the Uniform Mechanical Code, the Uniform Plumbing Code, the Uniform Administrative Code, the Uniform Swimming Pool and Hot Tub Code, the Uniform Code for the Abatement of Dangerous Buildings and the National Electrical Code.

(Ord. 456 § 1, 2000)

Any violation of any ordinance of the Live Oak Municipal Code, any provisions of any Uniform Codes adopted by the City, or any design standards is declared to be a public nuisance, subject to redress as provided for in this title.

(Ord. 456 § 1, 2000)

The City of Live Oak may enforce the provisions of the Live Oak Municipal Code or other applicable laws through any of the following procedures:

A. Administrative action concerning an administrative violation as provided for in Chapter 1.16 of this title;

B. Criminal action prosecuted in the name of the people of the State of California when a criminal violation is expressly provided for by ordinance or State law;

C. Civil action instituted by the City Attorney in the name of the City of Live Oak;

D. Abatement as authorized by Chapter 10.72 of this title; or

E. Any other method allowed by law.

(Ord. 456 § 1, 2000)

A. Refusal to Issue. No department, commission or employee of the City of Live Oak vested with the duty or authority to issue or approve permits, licenses or other entitlements shall do so when there is an outstanding violation involving the premises to which the pending application pertains. The authority to deny shall apply whether or not the applicant was the occupant or owner of record at the time of such violation or whether or not the applicant is either the current occupant or owner of record or vendor of the current owner of record pursuant to a contract of sale of the real property, with or without actual constructive knowledge of the violation at the time he or she acquired his or her interest in such real property. Upon notification by the code enforcement officer that such a violation exists, all departments, such commissions, and employees shall refuse to issue permits or licenses or entitlements involving the premises except those to abate such violation.

B. Rescission of Refusal to Issue. The refusal to issue shall be rescinded when the department, commission, or employee has been notified that all required work to abate the violation has been completed and has been approved by the affected department.

C. Waiver. The director or head of the affected department may waive the provisions of this section regarding refusal to issue if he or she determines such waiver to be required to allow necessary or desirable remedial, protective or preventative work.

(Ord. 501 § 1, 2007)