Chapter 12.12 — ADMINISTRATION AND ENFORCEMENT

The provisions of this chapter may be enforced by any peace officer, Code Enforcement Officer, the Public Works Director or any person duly authorized by the Town.

(Code 1990, § 12.04.200; Ord. No. 03-08, 2003)

(a)

Appeal to Town Manager. Any person aggrieved by a decision of the Director under the provisions of this chapter may, within ten days after the rendering of such decision, file a written appeal with the Town Clerk.

(1)

If a hearing is not requested within the ten days, the decision of the Director shall be final and the right to all further hearings shall be waived.

(2)

Upon receipt of a request for a hearing, the Manager shall calendar a hearing, not less than ten days nor more than 30 days from the receipt of the request.

(3)

The Manager, at the time set for the hearing, shall hear and consider all relevant information presented and shall receive information from owners, witnesses, Town personnel and other interested persons relative to the violation or nuisance and to any proposed means for rehabilitation, repair or demolition of such.

(4)

The hearing may be continued from time to time.

(5)

Upon or after the conclusion of the hearing, the Manager shall, based upon such hearing, determine whether the site, or any part thereof, as maintained, constitutes a violation of the Town ordinances or a nuisance as defined by Section 8.20.020. If the Manager finds that such a violation or nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the Manager shall make a written order setting forth the findings and ordering the owner, contractor, or other person having charge of such site to abate such violation or nuisance by having such sites rehabilitated, repaired, or demolished in the manner and means specifically set forth in the order. Such order shall set forth the times within which such work shall be commenced and completed.

(6)

Such order and findings shall be served upon the owner, contractor, or person in charge of the site by ordinary first class mail to the address provided by such person at the time of hearing, if any, and otherwise, to the address where the nuisance has been determined to exist and shall contain a detailed list of needed corrections and abatement methods. If no mailing address is so available, such order and findings shall be posted at least three conspicuous places near the site, including near the front entrance, if such can be determined.

(b)

Appeal to Town Council. Any person who has taken an administrative appeal to the Town Manager pursuant to Subsection (a) of this section may, within ten days from the issuance of the order by manager, file a written appeal to the Town Council with the Town Clerk.

(1)

If a hearing is not requested within the ten days, the decision of the Manager shall be final and the right to all further hearings shall be waived.

(2)

The appeal shall be set for hearing and heard at a meeting of the Council not more than 30 days after the filing of such appeal.

(3)

The Council at the time set for hearing, shall hear and consider all relevant information presented and shall receive information from owners, witnesses, Town personnel and other interested persons relative to the violation or nuisance and to any proposed means of rehabilitation, repair or demolition of such.

(4)

The hearing may be continued from time to time.

(5)

The decision of the Council shall be final and conclusive.

(c)

Judicial review. Judicial review of any final decision of the Town Council may be sought by petition for writ of administrative mandamus in the manner and in the time provided in the Code of Civil Procedure, §§ 1094.5 and 1094.6.

(d)

Emergency action. Notwithstanding the provisions of this section, in accordance with Section 12.08.070, the Director is authorized to take emergency action. In such cases, the Director may take immediate action irrespective of the filing of any appeal. If the permittee chooses to file an appeal, the appeal may still be processed hereunder and the hearing body may grant such retrospective relief as it may deem appropriate.

(Code 1990, § 12.04.210; Ord. No. 03-08, 2003)

(a)

Any person violating any of the provisions of this chapter is civilly liable to the Town for the cost of the removal of the structure and repair of any Town street or property together with any other damages directly or indirectly caused by the violation. Civil action may be commenced by the Director for and on behalf of the Town in the name of the Town.

(b)

In addition to any other remedy or provision of law, upon order of the Town Manager, the district attorney or the Town Attorney shall bring an action in the Superior Court under the provisions of the Code of Civil Procedure § 525 et seq. to enjoin violations of this chapter.

(Code 1990, § 12.04.220; Ord. No. 03-08, 2003)

(a)

Any person performing work in violation of this chapter shall receive a stop order from the Department ordering the work to stop immediately, citing the violations and listing remedies to be undertaken. The person receiving such a notice must stop work immediately and respond to the Department within 48 hours or such additional time as the Director may permit. The Department shall then set a timeframe for bringing the work into compliance with this chapter. If the work is being done without a permit, all work shall stop until the owner of the facility, or agent, for which the work is being performed shall obtain a permit in compliance with the Chapter and such permit is issued. Permit fees shall be doubled for work being done without a permit. This shall be in addition to any other penalties imposed.

(b)

Upon failure of any person to comply within 48 hours, or the timeframe given to make corrections, with any written order of the Department made under these provisions, or to make satisfactory progress in so doing, the Town may proceed pursuant to Subsections (c), (d) and (e) of this section or as otherwise permitted by law to enforce the provisions of this chapter.

(c)

Any person violating the provisions of this chapter is guilty of a criminal violation in accordance with Chapter 1.12 and shall also be subject to a penalty of $100.00, or five percent of the encroachment fee, whichever is greater, for each day the violation exists, plus all Town enforcement, administrative and legal fees. This penalty is in addition to any other penalties which may be applicable.

(d)

Any amount required to be paid pursuant to this chapter shall be paid, unless otherwise specified, within 15 days of the receipt of notice requesting payment. Failure to make payment after such date shall draw interest at the maximum legal rate, in addition to any other penalties or costs provided for herein.

(e)

Assessment of penalties may be against the permittee, the property owner, the agent or any other person responsible. It is illegal to continue any work in the right-of-way, and if any fees or penalties are owed by an agent or property owner, an encroachment permit will not be issued to such agent for any property or to the respective property until such penalties are paid. Failure to submit fees or penalties within 60 days of notice shall result in all additional administrative, enforcement and legal costs being assessed and collected pursuant to Subsection (e) of this section.

(f)

Violation of this chapter is considered to be a public nuisance. Collection of all owed penalties and fees shall constitute a lien on all property owned by persons against whom the penalties and fees have been assessed. The Director may cause a notice of such lien to be recorded in the manner provided in Chapter 8.20.

(Code 1990, § 12.04.230; Ord. No. 03-08, 2003)