Morgan Hill Municipal Code Art. X Hearings, Notices and Enforcement

In any hearing under the provisions of this chapter, all parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine any witnesses against them. Any hearing under the provisions of this chapter may be continued by the person conducting the hearing for a reasonable time for the convenience of a party or a witness.

(Ord. 636 N.S. (part), 1983)

All notices required by Sections 8.40.340, 8.40.360, 8.40.400 and 8.40.430 shall be sent by certified mail, postage prepaid, to the applicant or the permittee at the address given for purposes of notice on the application or permit or delivered to the permittee personally.

(Ord. 10 § 2, N.S. § 18, 1992: Ord. 636 N.S. (part), 1983)

Criminal sanctions may be sought for violations of the provisions of this chapter, to the extent available under existing code provisions.

(Ord. 636 N.S. (part), 1983)

A. Any person, firm or corporation who intentionally or negligently violates any provision of this chapter, except that an unauthorized discharge which is recordable and recorded in compliance with Sections 8.40.780 through 8.40.830 of this chapter, shall not be a violation of this chapter for purposes of this section, or fails to comply with any order issued thereunder, shall be liable for a civil penalty not to exceed five hundred dollars per day for each violation which shall be assessed and recovered in a civil action brought in the name of the people by the city attorney. In determining the penalty, the court shall consider all relevant circumstances, including, but not limited to, the following:

1. The extent of harm or potential harm caused by the violation;

2. The nature and persistence of the violation;

3. The length of time over which the violation occurred;

4. The frequency of past violations;

5. The permittee's record of maintenance;

6. Corrective action, if any, taken by the permittee.

B. In any civil action brought pursuant hereto, in which the city prevails, the court shall determine and impose reasonable expenses, including attorneys' fees, incurred by the city in the investigation and prosecution of the action.

(Ord. 636 N.S. (part), 1983)

A civil action may be instituted against any employer by any employee who has been discharged, demoted, suspended or in any other manner discriminated against in terms or conditions of employment, or threatened with any such retaliation, because such employee has, in good faith, made any oral or written report or complaint related to the enforcement of the provisions of this chapter to any company official, public official or union official, or has testified in any proceeding in any way related thereto. In addition to any actual damages which may be awarded, damages shall include costs and attorney's fees. The court may award punitive damages in a proper case.

(Ord. 636 N.S. (part), 1983)

A. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal.

B. All costs and attorney fees imposed pursuant to this chapter are declared to be costs of nuisance abatement and shall be assessed against the property upon which the violation of this chapter occurred. Such costs and attorney fees, if not paid within thirty days after assessment shall constitute a lien against the personal or real property of the person or persons responsible for the violation for the amount thereof from the time of recordation of the notice of lien. The lien shall continue until the assessment is paid or until it is discharged of record.

C. From and after the date of recording of the lien, all persons shall be deemed to have notice of the contents thereof. The notice of lien shall be delivered by the city finance director to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property. The amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery. Thereafter, the amount of the lien shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes are made applicable to such special assessment taxes.

(Ord. 1082 N.S. § 19, 1992; Ord. 849 N.S. § 11, 1987: Ord. 636 N.S. (part), 1983)