Newark Municipal Code Ch. 7.12 Choice of Remedies

It is the purpose of this chapter to provide the enforcement officer with a range of administrative methods with which to address the problems of code enforcement, blight eradication, nuisance abatement, and community preservation. As such, three administrative processes are provided in this title: summary abatement, administrative nuisance abatement and administrative penalties, and administrative citations. The enforcement officer has the discretion to use whichever process he deems most appropriate under the circumstances of each individual case. Use of one administrative process shall not preclude the use of others in the same case and the city may use one or more methods concurrently or consecutively to achieve compliance against continuing violations.

(Ord. 392 § 1 (part), 2003)

Nuisance conditions posing an immediate or potentially serious danger to the public health or safety, or to the health and safety of the occupants of the premises, may be abated using the summary abatement process, as set forth in Chapter 7.14.

(Ord. 392 § 1 (part), 2003)

The administrative nuisance abatement process involves the enforcement officer serving a notice upon the responsible person to abate an identified nuisance condition to pay fines and penalties and to appear at an administrative hearing. At that hearing the hearing officer may order the responsible person to abate the nuisance, order the city to abate the nuisance, or both, and impose costs, penalties, and fines. Said penalties may include an administrative penalty, which may result in a fine not to exceed one thousand dollars per day. Such a penalty is in addition to administrative costs. An administrative penalty may be charged per day for each ongoing violation to a maximum of one hundred thousand dollars.

(Ord. 392 § 1 (part), 2003)

This administrative process results in a fine which may be imposed by the enforcement officer for violation of those provisions of the Newark Municipal Code not involving continuing violations pertaining to building, plumbing, electrical or other similar structural or zoning issues. An administrative citation may be charged for each separate violation. Such fines shall not exceed the fines imposed for infractions as provided for in Government Code Section 36900.

(Ord. 392 § 1 (part), 2003)

The administrative processes set forth in this title are not exclusive. Every nuisance condition found to exist on any premises or public right-of-way in the city shall be a violation pursuant to Chapter 1.16 of this code and, in addition to all of the administrative remedies set forth in this title, and other remedies available to the city, whether criminal, civil, at law or in equity, may be abated by the enforcement officer, Newark police or fire department personnel, or any other appropriate city staff as designated by the city manager in any manner provided by law.

(Ord. 392 § 1 (part), 2003)

Upon entry of a second or subsequent civil or criminal judgment within a two year period finding that an owner of property or a person responsible for graffiti, including a minor, as defined in Section 8.26.020 of this code, is responsible for causing, creating, maintaining or allowing any condition constituting a nuisance, as defined in this code, the city may recover treble the costs of abatement of the nuisance(s). "Costs" shall be as defined in Section 7.20.020 of this code. "Judgment," as used herein, shall include any order issued by a court, plea agreement, conviction, settlement or agreement that resolves a cause of action or case.

(Ord. No. 466, § 5, 5-23-2013)

In addition to any other penalty and enforcement authority provided in this code, every violation of a provision of this code shall be subject to a civil penalty not exceeding one thousand dollars. A penalty may be imposed for each violation of this code and each day the violation exists. Such penalty may be imposed against any person or entity causing, permitting, allowing, or maintaining any violations of this code, and may be recovered in any civil action to enforce any provision of this code or state law which the city is authorized to enforce.

(Ord. No. 466, § 5, 5-23-2013)