Newark Municipal Code Ch. 7.20 Costs, Penalties, and Fines

In any proceeding under Chapter 7.16, the hearing officer may assess administrative costs against the violator upon finding that a violation has occurred and that compliance has not been achieved within the time specified.

The administrative costs may include any and all costs incurred by the city in connection with the matter before the hearing officer, including but not limited to, the costs incurred in performing inspections and enforcement activity, permit fees, fines, late charges and interest, staffing costs incurred in preparation for the hearing and for the hearing itself, and costs for subsequent re-inspections.

Administrative costs assessed by the hearing officer are a debt owed to the city for which the responsible party shall be liable and, in addition to all other means of enforcement, if the violation is located on real property, may be enforced by means of a lien or special assessment against the real property on which the violation occurred.

(Ord. 392 § 1 (part), 2003)

The violator shall be responsible to reimburse the city for all costs incurred by the city in the abatement of nuisance conditions. Said costs shall include, but shall not necessarily be limited to, costs of labor, materials, supervision, and costs of administration as set forth in Section 7.20.010. In addition to actual amounts paid to third parties, costs of abatement shall include the use of city forces whose time shall be charged as set forth in the Master Fee Schedule.

Costs of abatement are a debt owed to the city for which the responsible party shall be liable and, in addition to all other means of enforcement, if the violation is located on real property, may be enforced by means of a lien or special assessment against the real property on which the violation occurred.

(Ord. 392 § 1 (part), 2003)

In any proceeding under Chapters 7.16, the hearing officer may impose administrative penalties for the violation of any provision of this chapter. The standards for determining the amount of administrative penalties shall be as set forth in Section 7.16.050. Administrative penalties shall not exceed one thousand dollars per day for each ongoing violation to a maximum of one hundred thousand dollars exclusive of administrative costs, interest, restitution for compliance re-inspections, administrative citations, and for any related series of violations.

Administrative penalties assessed by the hearing officer are a debt owed to the city and may be enforced by any lawful means.

In the event that the violation is located on real property that is not an owner-occupied residential dwelling unit, the administrative penalty may become a lien collected at the same time and in the same manner as property taxes are collected.

(Ord. 392 § 1 (part), 2003)

A. Amounts. The amounts of administrative fines for which an administrative citation is issued pursuant to Chapter 7.18 shall be as follows:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year;

3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.

B. Payment.

1. The administrative fine for an administrative citation shall be paid to the city through its finance department within thirty days from the date the administrative citation is served. If a hearing is requested pursuant to Section 7.18.030, the administrative fine shall be deposited with the finance department or an advance deposit hardship waiver shall be submitted to the city clerk as required in Section 7.20.040.C.

2. Any administrative citation fine shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation by the person charged in the administrative citation.

3. Payment of an administrative fine under this chapter shall not bar enforcement proceedings for any continuation or repeated occurrence of any violation that is the subject of an administrative citation.

C. Advance Hardship Waiver.

1. Any person who intends to request a hearing to contest an administrative citation and who claims to be financially unable to make the advance deposit of the fine as required in Section 7.18.030 may file a written request for an advance deposit hardship waiver.

2. The request shall be filed with the city clerk within ten days following the date of service of the administrative citation.

3. The requirement of depositing the full amount of the administrative penalty shall be stayed unless or until the director of finance makes a determination not to issue the advance deposit hardship waiver.

4. The director of finance may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the director of finance a sworn declaration, together with any supporting evidence demonstrating to the satisfaction of the director of finance the person's actual financial inability to deposit the full amount of the fine in advance of the hearing.

5. If the director of finance determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within ten days of the date of that decision, or the original due date, whichever is later, in order to secure the hearing.

6. The director of finance shall issue a written determination listing the reasons for determining to issue or not issue the advance deposit hardship waiver. The written determination shall be final, subject only to judicial review as provided by law.

7. The written determination shall be served upon the person who applied for the advance deposit hardship waiver by first class mail addressed to said person at the address provided by him/her on the written request for an advance hardship waiver filed by him/her.

(Ord. 392 § 1 (part), 2003)

A. The enforcement officer shall keep an itemized list of costs to be assessed to the responsible parties, including but not limited to, administrative penalties, administrative citation fines, hearing costs, re-inspection fees, posting of notices fees, and costs for equipment, material, contractors, and city staff, incurred by the city from the time of initial inspection and identification of the nuisance condition until completion of the abatement by the city or by the owner or responsible party (hereinafter referred to as "enforcement costs". Once the abatement is completed, the enforcement officer shall provide to the finance department a report of the total amount due.

B. The finance department shall mail to the property owner and the responsible party if other than the property owner an invoice indicating the total amount due.

C. Upon a written request, a list of the itemized enforcement costs will be provided to the owner or responsible party of the property.

D. The owner or responsible party for the property shall pay the enforcement costs within thirty days from the date on the invoice unless an extension of time in which to pay has been granted by the city in writing, or unless the owner or responsible party requests a hearing before the hearing officer to contest the statement of enforcement costs. The request for a hearing shall be made on a "Request for Administrative Hearing" form available from the city clerk.

1. The completed form and nonrefundable fee for filing a contest of enforcement costs to the hearing officer shall be delivered to the city clerk within thirty calendar days of the date of the statement of enforcement costs or invoice. If the request for a hearing is not received within the allotted thirty calendar days, the right to a hearing to contest the statement of enforcement costs shall be deemed waived and shall constitute a failure to exhaust administrative remedies.

2. The fee for filing a contest to a statement of enforcement costs before the hearing officer shall be as set forth in the City Master Fee Schedule established by resolution of the city council.

3. Upon receipt of the contest of enforcement costs and filing fee, the city clerk will issue a notice indicating the time and date of the hearing to the responsible party requesting the hearing in the manner set forth in Section 7.20.040.

(Ord. 392 § 1 (part), 2003)

A. The amount of any fees, costs, charges, fines, penalties, late charges and interest may be collected by making the amount of the unpaid fee, cost, charge, penalty, late charge, or interest a lien against the property that is the subject of the enforcement activity. The amount of said lien may be collected at the same time and in the same manner as property taxes are collected. If the property to be liened is an owner-occupied residential dwelling unit, only unpaid administrative and abatement costs may be included in the lien amount.

B. If payment of said fees, costs, charges, fines, penalties, late charges and interest have not been received by the finance department within thirty days of the date appearing on the invoice, a hearing before the city council for the purpose of adopting a resolution confirming and assessing the statement of costs shall be set. Such hearing shall be for the sole purpose of the city council assessing the unpaid amounts as a lien and/or special assessment against the parcel of real property which was the subject of the enforcement activity. The city council may, at its sole discretion, appoint a fact-finder to hear testimony and render a report and recommendation regarding the assessment of such unpaid amounts as a lien and/or a special assessment against the parcel of real property, which was the subject of this enforcement activity. Neither the city council nor the factfinder shall rehear matters previously heard or which were within the jurisdiction of the hearing officer, including but not limited to the existence of the nuisance, the imposition of fines or penalties, or the reasonableness of administrative costs, costs of abatement, enforcement costs, or the calculation of the amounts due and unpaid.

C. The enforcement officer shall file with the city council a report:

1. Identifying the property which was the subject of the enforcement activity abated;

2. Describing enforcement activity and, if applicable, the abatement work undertaken;

3. Listing the costs of abatement incurred by the city and ordered or approved by the hearing officer if a hearing was held; and

4. Setting forth all administrative costs and administrative fines and penalties imposed, if any;

5. Setting forth all amounts that remain unpaid and are proposed for imposition as a lien and/or special assessment on the real property upon which the enforcement activity took place.

D. A written notice shall be delivered to the owner of the property proposed to be liened and/or assessed by certified mail with a return receipt mailed to the last known address of the owner of the property, specifying:

1. Written notice in plain language of the proposed lien;

2. A description of the basis for the amounts comprising the lien; and

3. Informing the property owner that this is his/her opportunity to appear before the city council and be heard regarding the amount of the proposed lien;

4. For purposes of this Subsection 7.20.060.D, "the last known address of the owner of the property" shall mean the address as shown on the last equalized county assessment roll for said property unless the enforcement officer or the city clerk has actual knowledge of a different address for the property owner.

E. Said written notice to the property owner shall be mailed no sooner than forty-five days after the date the notice to pay provided for in Section 7.20.050.B has been sent to the property owner.

F. This public hearing shall be the time and place when the city council will hear and pass upon the enforcement officer's report together with any objections or protests, which may be raised by the property owner or any other interested person.

(Ord. 392 § 1 (part), 2003)

A. The city council, by resolution, may declare any fees, costs, charges, fines, penalties, late charges and interest as a special assessment against the parcel of property upon which the enforcement activity took place. The amount so assessed, if not paid within five calendar days after confirmation by the city council, shall become a lien on the property for the amount thereof from the time of recordation of the notice of lien and shall continue until the assessment is paid in full or until it is discharged of record.

B. After adoption of the resolution by the city council, the city clerk shall forward to the office of the county recorder one certified true copy of the resolution of the city council confirming the statement of costs with the statement of costs attached thereto as an exhibit. The city clerk also shall file in the office of the county recorder a notice of lien certificate acceptable to the county recorder.

(Ord. 392 § 1 (part), 2003)

From and after the date of the recording of the notice of a lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien shall be delivered to the county recorder, who shall enter the amount thereof on the county assessment records for the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county recorder before the date fixed by law for the delivery of the assessment roll to the county board of equalization. Thereafter, the amount of the lien shall be collected at the same time and in the same manner as ordinary municipal 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 municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes are made applicable to the special assessment taxes.

(Ord. 392 § 1 (part), 2003)