Modesto Municipal Code Art. 8 Enforcement, Penalties and Appeals

If, after a correction notice has been issued, the Owner fails to abate the violations, the City may proceed with all remedies available under law to compel compliance, including but not limited to issuing administrative citations, abatement proceedings, civil injunction, and/or criminal prosecution, or any combination of remedies, so long as violations are not caused by tenant's breach of Tenant's Affirmative Obligations. In any action or proceeding brought by the City to enforce this article, the City shall be entitled to recover its attorney's fees when it is the prevailing party. The City Attorney may, at his or her discretion, charge any violation of this ordinance as either an infraction or a misdemeanor.

(Ord. No. 3703-C.S., § 1, effective 10-24-2019)

The Owner of a Residential Rental Unit or a party with a legal property interest in the Residential Rental Unit may appeal to the City's Administrative Hearing Officer in the manner provided in Title 1, Chapter 6, Section 502 of this code. The enforcement of any administrative Notice and Order, or other action of the Neighborhood Preservation Unit or Chief Building Official issued under the Modesto Municipal Code, shall be stayed during the pendency of any timely and properly filed appeal taken therefrom.

(Ord. No. 3703-C.S., § 1, effective 10-24-2019)

(a) Penalty for failure to register, or late registration.

(1) The City shall mail notice to Owners with an application for registration. Owners shall have thirty (30) days from date of the notice to submit registration information either by mail or online. Any incomplete registration shall be mailed or emailed back to the Owner for correction and the Owner shall have thirty days to make necessary corrections without penalty. Failure to submit registry information within thirty days from the date of the notice from the City shall result in the following penalties:

(i) A fine of $100 dollars per Property for up to 30 days late.

(ii) A fine of $200 per Property for 31 to 60 days late.

(iii) A fine of $500 per Property for 61 to 120 days late; and

(iv) A fine of $1,000 per Property for over 120 days late, plus interest charges at 10% per annum.

(b) Penalties for making false statements regarding affidavit of exempt status. Knowingly making a false statement regarding the affidavit of exempt property status will be a $100 per unit fine for the first offense, and $250 per unit for any subsequent offenses by the same Owner for the same Property.

(c) Penalties for making false statements on self-inspection report. Knowingly making a false statement on a self-inspection of any individual unit or number of residential units shall be fined at $100 per unit for the first offense and $250 per unit for any subsequent offenses by the same Owner for the same Property.

(Ord. No. 3703-C.S., § 1, effective 10-24-2019)