Chapter I — GENERAL — Novato Municipal Code

Sections:

1-1 - Short Title.

The book shall be known and may be cited as "The Revised General Ordinances of the City of Novato, 1978," and is herein referred to as the "revision". Any additions or amendments to this code are incorporated in this code so that a reference to "The General Ordinances of the City of Novato" includes them.

1-2 - Definitions.

For the purpose of this revision, and in the interpretation and application of all other ordinances heretofore or hereafter adopted, except as the context may otherwise require:

"City" shall mean the City of Novato in the County of Marin and State of California.

"City council" or "council" shall mean the mayor and council of the city.

"Clerk" or "city clerk" shall mean the municipal clerk duly appointed pursuant to law.

"County" shall mean the County of Marin.

"Department" shall mean an organizational unit of the government established or designated by ordinance or this revision as a department, together with any agency or instrumentality of the government assigned to such organizational unit by the city council.

"Laws" shall mean laws of the State of California.

"Licensed" shall mean licensed in accordance with the appropriate section or chapter of this revision.

"Month" shall mean a calendar month unless otherwise specifically provided.

"Ordinance" shall mean any act of local legislation heretofore or hereafter adopted, and including this revision, so long as it is adopted by the procedure required for the adoption of an ordinance and so long as it remains in force and effect pursuant to law.

"Person" shall mean any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups; or any officers, agents employees, servants, factors of any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.

"Property owner" as used in this chapter shall mean the owner of legal record with full or partial ownership interest in real property or persons with right, title or legal interest in real property located within the City of Novato.

"Resident" shall mean the person(s) who has physical possession of the real property located within the City of Novato.

"Responsible person" shall mean the person, firm, corporation, public or private entity that is the owner of record of the property upon which a violation exists, the occupant or lessee of that property, any person in physical possession of the property or any other party responsible for the violation.

"State" shall mean the State of California.

"Street" shall include a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, sidewalk, and crosswalk, and every class of road, square, place or municipal parking field used by the general public.

"This code" shall mean the General Ordinances of the City of Novato.

"Year" shall mean a calendar year unless otherwise specifically provided.

(Ord. No. 1623, § 2, 10-24-2017)

1-3 - Construction.

For the purpose of this revision and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:

The present tense includes the past future tenses and the future, the present.

The masculine gender includes the feminine and neuter.

The singular number includes the plural and the plural the singular.

"Shall" is mandatory and "may" is permissive.

The time within which an act is to be done shall be computed by excluding the first and including the last day and if the last day be a Sunday, a legal holiday, or a day on which the offices of the city are closed, that day shall be excluded.

"Writing" and "written" shall include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.

Whenever a specific time is used in this revision, it shall mean the prevailing and established time in effect in the State of California during any day in any year.

Any citation of a law or ordinance contained in this revision shall be deemed to refer to such law or ordinance as amended, whether or not such designation is included in the citation.

"Chapter" shall mean one of the major divisions of the revisions identified by a roman numeral and divided by subject matter.

"Section" shall mean a major subdivision of a chapter.

"Subsection" shall mean a subdivision of a section, identified by a decimal number.

"Paragraph" shall mean a subdivision under a subsection, identified by an alphabetical letter or arabic number.

1-4 - Severability.

If any chapter, section, subsection or paragraph of this revision shall be declared to be unconstitutional, invalid, or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this revision.

1-5 - Penalty.

1-5.1 Maximum Penalty. Whenever in this code or in any other ordinance of the city or in any rule, regulation or order promulgated pursuant thereto any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful for an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this code or any other ordinance of the city or any such rule, regulation or order shall be punished by a fine not exceeding one thousand ($1,000.00) dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Provided, however, that notwithstanding any provisions of this code, any such violation may, in the discretion of the enforcing authority be charged and prosecuted as an infraction. Such violations may also be redressed by civil action.

A violation determined to be an infraction in this code, is punishable by: (a) a fine not exceeding one hundred ($100.00) dollars for a first violation; (b) a fine not exceeding two hundred ($200.00) dollars for a second violation of the same provisions within one year; (c) a fine not exceeding five hundred ($500.00) dollars for any subsequent violation of the same provisions within one year.

(Ord. No. 990, § 1; Ord. No. 1091, § 1; Ord. No. 1220, § 1)

1-5.2 Separate Violations. Except as otherwise provided, every day any violation of this code or any other ordinance of the city or any such rule, regulation or order shall continue shall constitute a separate offense.

1-5.3 Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.

1-6 - Public Nuisance Abatement.*

* Editor's Note: Prior ordinances codified herein include portions of Ordinance No. 1056.

1-6.1 Purpose. Pursuant to Government Code Sections 38771 et seq., the city council established procedures as set forth in this section for the purposes of the abatement of public nuisances.

(Ord. No. 1290, § 2)

1-6.2 Public Nuisances. Any condition caused or permitted to exist in violation of the provisions of the Novato Municipal Code, resolution of the city council, or statute of the State of California, shall be deemed a public nuisance. A public nuisance further includes any unlawful obstruction or encroachment upon any public property, including but not limited to any public street, highway, right-of-way, park, building or any other condition that is injurious of the health, safety or general welfare of the community. Every day a public nuisance continues to exist shall be regarded as a new and separate offense.

(Ord. No. 1290, § 2)

1-6.3 Public Nuisances Adversely Affecting the Public Peace and Safety. The following are expressly declared to be public nuisances adversely affecting the public peace and safety:

Storage, leakage, release, or use of any explosive, flammable liquid, or other dangerous, toxic, or hazardous substance in any manner or in any amount other than as permitted pursuant to this code and county, State, or Federal laws;

All buildings and alteration of buildings, or parts thereof, made or erected in violation of Chapter 4-1 or any applicable county, State or Federal laws prescribing the manner and materials for the construction or alteration;

Obstructions, impediments, or excavations that interfere with the ordinary use by the public of any public street, way, or sidewalk or an attraction to persons, except when and as permitted pursuant to this code or State law;

Rainwater or drainage water issuing in a collected or directed manner or falling from any building, structure, or paved area upon any sidewalk or pedestrian way, or flowing across any sidewalk or pedestrian way in such a manner which interferes with the normal usage of said sidewalk or pedestrian way;

Any barbed wire or electrified fence within a plane of four horizontal feet from any public street, way, sidewalk or pedestrian way;

Any dangerous, unguarded machinery or appliances left in any public place or so operated or situated on private property so as to attract the public;

Any dead, diseased, infested, or dying tree or shrub on any property so near to a street, public right-of-way, or a public utility easement as to constitute a danger to street trees, public utility service's streets, sidewalks, vehicle travel, persons, or property, other than that of the owner of the tree;

Vines or climbing plants growing into or over any street tree, fire hydrant, pole, utility wire, or electrolier;

Branches, roots, trees, shrubs, or foliage that interfere with visibility on, illumination of, or the free, safe, or undamaged use of, or access to or along, any portion of any public street or sidewalk;

Hedges or dense, thorny shrubs extending into the public right of way;

Branches of trees or shrubs that extend within eight vertical feet from any portion of a public sidewalk or within 14 vertical feet from any portion of a public street;

Fences, hedges, or growths of like nature that violate the restrictions imposed by Chapter 19;

Generation of intense direct glare or heat that unreasonably affects use and enjoyment or neighboring property or confuses or interferes with travel along a street or sidewalk;

Excavations or ponds that are open and attractive to persons; and

Any other act, occupation, and use of property that in fact endangers or jeopardizes the public peace and safety.

(Ord. No. 1290, § 2)

1-6.4 Property Nuisances. The following are expressly declared to be public nuisances:

Buildings or structures that are structurally unsafe or which constitute a fire hazard, or which are otherwise dangerous to human safety and life;

Buildings that are in violation of the city adopted Building Codes in Chapter 4;

Erosion, undercutting, excessive sloping, subsidence, saturation of soil, or surface water drainage of such magnitude or effect to be injurious or potentially injurious to the public or adjacent properties, whether caused by grading operations, excavations, or fill, directed or disregarded drainage, or as a result of the topography, geology, or configuration of the land in its natural or altered state;

Accumulation of debris or rank overgrowth constituting a fire hazard, potential to become a fire hazard, or likely harborage for vermin;

Buildings, fences, signs, or other structures that are or have been abandoned, boarded up, partially destroyed, or permitted to remain in a state of partial construction for a period of 90 days or more, except in the case of partial construction, in which case the time shall be for a period of 180 days or more while any required building permits are valid, and where continuation of the condition is unsightly or is hazardous to the public health, safety, or welfare;

Unpainted buildings causing or tending to cause dry rot, warping, or termite infestation;

Buildings with windows containing broken glass or missing glass, where the opening is of a type that normally contains glass and invites trespassers and malicious mischief;

Tree, weeds, or other vegetation, which by reason of being overgrown, dead, decayed, or diseased, are:

Likely to harbor vermin; or

A serious risk of physical injury to inhabitants or occupants of the premises or to the public;

Any wrecked, disabled, inoperative, salvaged or dismantled vehicle, vessel, or vehicle parts stored in violation of Chapter 18; or

Packing boxes, litter, garbage, junk metal, automobile parts, or any other refuse or debris by reason of its volume, type, or length of storage has promoted or will promote:

Infestation by rats, vermin, or other pests; or

A serious risk of harm to inhabitants or occupants of the premises or the public;

Broken, inoperative, or discarded furniture or other household equipment kept in a front or side yards required by the city zoning code for more than seven consecutive days or more than ten days during any one calendar month;

Garbage cans left visible from a public street for more than 24 hours;

Condition of premises that is so defective, unsightly, deteriorated, or in disrepair as to be materially detrimental to the use and enjoyment or value of nearby properties and improvements; and

Emanation of noise or vibrations of such a loud, unusual, unnecessary, penetrating, lengthy, raucous, annoying untimely, or boisterous nature as to unreasonably disturb, annoy, injure, interfere with, or endanger the comfort, repose, health, peace, safety, or welfare of the users of the neighboring property;

Any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn, or painted on the surface of any building or structure. Nothing in this subsection shall be construed as altering the regulations of signs found in section 19-14.004 of this municipal code.

(Ord. No. 1290, § 2)

1-6.5 Abatement - Methods - Right to Inspection. The city may choose to abate any public nuisance or violation of this code through any of the abatement methods set forth in this code or in State or Federal law, and nothing contained in this chapter shall be construed as limiting, prejudicing, or adversely affecting the city's ability to concurrently or consecutively use any of those proceedings as the city may deem are efficient, effective, practicable, or applicable. When the city manager, or his designee, suspects that a public nuisance is present on private property, he may inspect such property after obtaining an inspection warrant pursuant to Code of Civil Procedure Section 1822.5 if request to inspect is refused by the property owner or person(s) in control of the property.

(Ord. No. 1290, § 2)

1-6.6 Abatement - Referral to Housing and Building Codes Appeals Board. At any time and in any case that the community development director, or his or her designee, determines is appropriate, the community development director, or his or her designee, may issue a notice of hearing before the housing and building codes appeals board for determination of whether a public nuisance exists under this chapter and whether the board should issue an order to abate a violation of this chapter.

(Ord. No. 1290, § 2)

1-6.7 Notice of Hearing by Housing and Building Codes Appeals Board on Public Nuisance or Violation.

Notice of the time, date, and place of the public hearing on the alleged nuisance or violation will be provided at least ten days before the date set for the hearing by posting on the premises involved and mailing by first-class mail to the following persons:

The owners of the premises as their names appear on the last equalized roll upon which city taxes are collected on the premises; the name and address of the owners as shown on that assessment roll shall be conclusively deemed to be the proper persons and addresses for mailing the notice; and

To the occupants of the premises as their names reasonably appear on the premises;

The notice will contain a description of the premises involved by street address, including if appropriate, the assessor's parcel number, a brief summary of the conditions and violations alleged to exist on the premises, and a brief summary, if any, of the abatement believed necessary.

(Ord. No. 1290, § 2)

1-6.8 Hearing by Housing and Building Codes Appeals Board on Public Nuisance or Violation. At the time stated in the notice, or at the time to which the board may continue the proceedings, the board will hear and consider all relevant facts and testimony presented. The hearing may be continued from time to time by action of the board.

(Ord. No. 1290, § 2)

1-6.9 Order of the Housing and Building Codes Appeals Board.

Upon the conclusion of the hearing on each matter brought before the board, the board will determine whether the condition of the premises constitutes a public nuisance, in whole or in part, or if an order to abate a violation of this chapter should be issued.

If a board finds that a nuisance does exist, the board may order the nuisance to be abated, may further require the abatement within a specified time period, and may impose such further conditions on the abatements the board finds are just and proper.

If the board determines that an order to abate a violation of this chapter should issue, the board may order the violation to be abated, may further require the abatement within a specific time period, and may impose such further conditions on the abatement as the board finds are just and proper.

A copy of the order will be posted on the premises. If the owners of the premises are not present at the hearing, a copy of the order will be delivered to the owners in the same manner as for the hearing notice.

(Ord. No. 1290, § 2)

1-6.10 Appeal of Decision of Housing and Building Appeals Board on Public Nuisance or Violation. Any interested person may appeal a decision of the housing and building appeals board to the city council by filing a notice of appeal together with the fee established by resolution of the council no later than ten days after the decision of the board. Upon receipt of such an appeal, the city clerk will set the matter for hearing before the council on the first open agenda of the council that is at least 15 days after the date of receipt.

(Ord. No. 1290, § 2)

1-6.11 Council Hearing on Appeal of Board Decision on Public Nuisance or Violation.

Notice of hearing on an appeal of a decision of the board on public nuisance or violation will be given in the same manner and to the same persons as for a hearing on a public nuisance or violation before the board.

The council will hear the appeal de novo and consider all relevant facts and testimony presented.

At the conclusion of the hearing, the council may approve, disapprove, or amend the decision of the board, as the council in its sole discretion determines is just and proper.

Notice of the action of the council will be given in the same manner as provided for notice of action by the board.

(Ord. No. 1290, § 2)

1-6.12 Direct Referral of Complaint to the City Council. At any time and in any case that the city manager, or the manager's designated representative, determines is appropriate, the manager, or the representative designated by the manager, may issue a notice of hearing before the city council for determination of whether a public nuisance exists under this chapter or an order to abate a violation of this chapter should issue, without first referring the question to the housing and building appeals board.

(Ord. No. 1290, § 2)

1-6.13 Council Hearing on Direct Referral of Complaint.

Notice of a hearing on referral to the city council on an alleged public nuisance or violation will be given in the same manner and to the same persons as for a hearing on an appeal to the council of a decision by the board.

At the time set forth in the notice or at the time to which the council may continue the proceeding, the council will hear and consider all relevant facts and testimony presented. The hearing may be continued from time to time by action of the council.

At the conclusion of the hearing, the council will determine whether the condition of the premises constitutes a public nuisance, in whole or in part, or an order to abate a violation of this chapter should issue, all as specified in part in the notice of the proceeding. If the council finds that such a nuisance does exist or such an order should issue, the council may order the nuisance or violation to be abated, may further require the abatement within a specified time period, and may impose such further conditions on the abatement as the council finds are just and proper. In the alternative, the council may send the complaint to the housing and building appeals board or any other board or commission for further hearing and investigation, or the council may take such other action as the council determines is appropriate. A copy of the order will be posted on the premises involved on the following workday. If the owners of the premises are not present at the hearing, a copy of the order will be delivered to the owners as was provided for the hearing notice.

Notice of the action of the council will be given in the same manner as provided for the notice of action by the council on an appeal of a decision by the board.

(Ord. No. 1290, § 2)

1-6.14 Failure to Abate After Order of Council or Board.

If the order of the board is not appealed, or the public nuisance or violation is not abated in compliance with the board's order, or if the public nuisance or violation is not abated in compliance with the council's order, the city attorney may seek enforcement of the council's or board's order in superior court to abate the nuisance with city forces or private contract, or both.

In any action, administrative proceeding or special proceeding to abate or enjoin a public nuisance brought in the name of the city pursuant to any provision of this code, the prevailing party shall be entitled to reasonable attorney's fees incurred by the prevailing party in the action, if the city elects at the initiation of that action or proceeding to seek recovery of its own attorneys' fees.

(Ord. No. 1290, § 2; Ord. No. 1397, § 1)

1-6.15 Summary Abatement.

Whenever the city manager, or the manager's designated representative, reasonably believes that there is an imminent or immediate danger in the existence or continuance of any nuisance or violation of this chapter, endangering the public health, welfare, or safety, or that interferes with or jeopardizes the public's use of any street, sidewalk, path, or right of way, arising from any act, condition, or use or occupation of property, the city manager, or the manager's designated representative, may take such steps as the city official believes are reasonably necessary to secure the premises and remove or reduce the immediate or imminent danger posed.

In undertaking such summary abatement, the city manager, or the manager's designated representative, will provide such notice to the owners and occupants of the premises, or in the case of deposit of materials or excavation, the apparent creators of the deposit or excavation, that the city official believes is reasonable under the circumstances and danger posed. Such a notice will contain the information required for notice of hearing pursuant to this chapter before the housing and building appeals board.

Whenever the city manager, or the manager's designated representative, reasonably believes that the condition of a property places the property or its contents in jeopardy due to vandalism, thievery, or imminent hazard, the city official is unable to communicate with the property owner, owner's authorized agents, or occupants after reasonable efforts, the city manager, or the manager's designated representative, may take such steps as the city official believes are necessary to secure the premises and remove or reduce the immediate or imminent hazard posed until the property owners can be contacted.

The city official undertaking summary abatement under this section may use city forces or a private contractor, or both, and will keep an account of the cost and expenses incurred by the city.

(Ord. No. 1290, § 2)

1-6.16 Conclusive Notice. Mailing of notice of any hearing or order under this chapter to the owners of the real property concern as the owner's names and addresses are shown on the last equalized roll upon which the city taxes are collected shall be conclusively deemed to be the proper persons and addresses for mailing the resolution, and failure of any or all of the addresses to receive the notice shall not invalidate any of the proceedings. Further, the posting of notice of a hearing or order pursuant to this chapter shall be conclusively deemed to be adequate notice to any and all occupants, users, or possessors of the property or its contents, and the failure of any such occupant, user, or possessor to see, read, understand, or otherwise receive the notice shall not invalidate any of the proceedings.

(Ord. No. 1290, § 2)

1-6.17 Notice to Department of Motor Vehicles. Nothing contained herein shall in any way be construed to inhibit or alter any obligations any person may have to report the sale, dismantlement, or destruction of a vehicle or vehicle parts to the State Department of Motor Vehicles in accordance with applicable laws.

(Ord. No. 1290, § 2)

1-6.18 Cost Recovery. The city shall recover the cost of abating the nuisance, including reasonable administrative costs. The expense of such abatement shall be determined by the city council pursuant to the Code Enforcement Fee Schedule, enacted pursuant to Administrative Policy 2.3. In addition, in any administrative or special proceeding to abate a public nuisance, the prevailing party shall be entitled to reasonable attorneys' fees if the city elects at the initiation of that individual proceeding to seek recovery of its own attorneys' fees. The cost of such abatement and attorney's fees if elected, shall become a lien against the property on which it is maintained and a personal obligation of the property owner. A special assessment may be collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to such special assessment.

(Ord. No. 1290, § 2; Ord. No. 1397, § 2)

1-6.19 Civil or Criminal Actions Not Affected. Any abatement process undertaken pursuant to this chapter shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate the public nuisance or violation or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other abatement process regarding the same public nuisance or violation. At the discretion of the prosecuting attorney, any action brought to abate a public nuisance or violation or to seek compensation for damages may also include as a party the owner of the real property that is the site of the use or activity causing the nuisance. It is the express intention of the chapter to permit the prosecution of real property owners who fail to take reasonable steps after notice to correct nuisances or violations existing on their property even though the property may be leased to others.

(Ord. No. 1290, § 2)

1-6.20 Construction. No section of this chapter shall impose a mandatory duty on the city or on any officer, official, agent, employee, board, council, or commission of the city. Instead, if any selection purports to impose a mandatory duty of enforcement, that section shall be deemed to invest the city and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section or not to enforce it.

(Ord. No. 1290, § 2)

1-7 - Administrative Citation and Penalty.[1]

1-7.1 Applicability. This section provides for administrative citations which are in addition to all other legal remedies, administrative, criminal or civil that may be available to the city to enforce any violation of this code including, but not limited to, all violations of the municipal code, the California Building Standards Code and International Property Maintenance Code adopted by the city council, the failure to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved pursuant to the municipal code or applicable state laws. Administrative citations will typically be issued to abate violations that are readily apparent, require minimal research and documentation, can be quickly rectified, and/or constitute an immediate threat to health and safety.

(Ord. No. 1623, § 1, 10-24-2017)

1-7.2 Administrative Order and Administrative Citation.

Whenever a code enforcement officer determines that a violation has occurred, the code enforcement officer shall have the authority to issue an administrative order or administrative citation to any person responsible for the violation. An administrative order shall be issued for violations in advance of an administrative citation to provide a period of time to correct the violation without financial penalty. For issuance of an administrative order for violations that do not create an immediate threat to public health and safety, the code enforcement officer shall provide a reasonable period of time not less than five business days to correct or otherwise remedy the violation.

Each administrative order or administrative citation shall contain the following information:

The date and time of the observed violation;

The address or a definite description of the location where the violation is present or occurred;

The section(s) of codes violated and an abbreviated description of the acts or omissions constituting the violation;

The date of service of the administrative order or citation;

The mandated deadline for correction of the identified violation(s);

The amount of the penalty of a citation issued;

A description of the penalty payment process, including a description of the time within which and the place to which the penalty must be paid;

A description of the administrative citation appeal process, including the time within which the administrative citation may be contested and the place from which a request for a form to contest the administrative citation may be obtained; and

The same and signature of the citing code enforcement officer and, if possible, the signature of the responsible party receiving the order or citation in person.

For violations which are not abated within the deadline stipulated in the administrative order or for repeat occurrences of the same violation previously cited within the prior 12 months, the code enforcement officer may issue an administrative citation and penalty amount.

Each and every day a violation under this section exists shall constitute a separate and distinct offense which shall be subject to the penalty amount established by this section per each day that the offense continues.

In addition to the penalty provisions of this section, the city may record a notice of noncompliance on the record of title for any property upon which a violation is found to exist, in accordance with the provisions of this code or the laws of this state.

(Ord. No. 1623, § 1, 10-24-2017)

1-7.3 Service Procedures. An administrative citation on a form approved by the city manager or community development director or designee may be issued to the responsible person by an enforcement officer for violations of the municipal code(s) and/or applicable state code(s), in the following manner:

Personal Service. In any case where an administrative order or citation is issued:

The enforcement officer shall attempt to locate and personally serve the responsible person(s) and obtain the signature of the responsible person(s) on the administrative order or citation.

If the responsible person(s) served refuses or fails to sign the administrative order or citation, the failure or refusal to sign shall not affect the validity of the administrative order or citation or of subsequent proceedings.

Service of Order or Citation by Mail. If any of the following apply: 1) the enforcement officer is unable to locate the responsible person(s); 2) the property owner resides outside the City of Novato; or 3) personal service is refused by the responsible person(s), the administrative order or citation shall be mailed to the responsible person(s) by certified mail, with a requested return receipt. Simultaneously, the order or citation may be sent by first-class mail. If the order or citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first-class mail, provided the order or citation sent by first-class mail is not returned.

Service of Order or Citation by Posting Notice. If the enforcement officer does not succeed in personally serving the responsible person(s), or by certified mail or regular mail, the enforcement officer shall post the

administrative order or citation on any real property within the city in which the enforcement officer has knowledge that the responsible person(s) has a legal interest and such posting shall be deemed effective service.

(Ord. No. 1623, § 1, 10-24-2017)

1-7.4 Administrative Penalties. Administrative penalties for code violations imposed pursuant to this chapter shall be assessed as follows:

Except as provided under subsection (c), for any violation that may be charged as no more than an infraction under this code, a maximum penalty of one hundred ($100.00) dollars for a first violation; a maximum penalty of two hundred ($200.00) dollars for a second violation of the same ordinance within one year; and a maximum penalty of five hundred ($500.00) dollars for a third or subsequent violation of the same ordinance within one year.

For any violations that may be charged as a misdemeanor under this code, a maximum penalty of one thousand ($1,000.00) dollars per violation.

For any violation of the construction codes adopted under chapter 4 of this code that may be charged as no more than an infraction, a maximum penalty of one hundred ($100.00) dollars for a first violation; a maximum penalty of five hundred ($500.00) dollars for a second violation of the same ordinance within one year; and a maximum penalty of one thousand ($1,000.00) dollars for a third or subsequent violation of the same ordinance within one year.

(Ord. No. 1623, § 1, 10-24-2017)

1-7.5 Payment of Administrative Penalties. Upon receipt of a citation, the responsible person(s) will be required to do the following:

Pay the penalty to the city within 15 days from the date of service of the administrative citation. All penalties assessed shall be payable to the City of Novato. Payment of a penalty shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city, or

File an appeal of the administrative citation pursuant to subsection 1-7.6 and either deposit the penalty, or file a request for an advance deposit hardship waiver pursuant to subsection 1-7.7.

(Ord. No. 1623, § 1, 10-24-2017)

1-7.6 Appeal of Administrative Citation.

Any recipient of an administrative citation may contest that there was a violation of the City of Novato Municipal Code or that the contestant is the responsible person by completing a request for hearing form and returning it to the City of Novato within 15 days from the date of service of the administrative citation, together with an advanced deposit of the penalty amount or submission of an advance deposit hardship waiver pursuant to subsection 1-7.7.

Any administrative citation penalty which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.

(Ord. No. 1623, § 1, 10-24-2017)

1-7.7 Advance Deposit Hardship Waiver.

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 penalty amount as required in subsection 1-7.6 may file a request for an advance deposit hardship waiver.

The request shall be filed with the community development department within 15 days following the date of service of the administrative citation.

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

The finance manager or designee may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits a sworn declaration, together with any supporting evidence demonstrating to the satisfaction of the finance manager or designee the person's actual financial inability to deposit the full penalty amount in advance of the hearing. The finance manager or designee shall make a determination on any request for an advance deposit hardship waiver within 30 days of receipt of the request.

If the finance manager or designee determines not to issue an advance deposit hardship waiver, the person cited shall remit the deposit to the city within ten days of the date of that decision in order to secure the hearing.

(Ord. No. 1623, § 1, 10-24-2017)

1-7.8 Hearing Procedures.

Appeals of administrative citations shall be considered and decided upon by the zoning, housing and building codes appeals board.

A hearing shall be set for a date that is no less than 15 and not more than 60 days from the date that the request for hearing is filed and the penalty amount and appeal fee have been deposited in advance pursuant to subsection 1-7.6 or an advance deposit hardship waiver has been granted pursuant to subsection 1-7.7. The person requesting the hearing shall be notified in writing, first class and certified mail of the time and place set for the hearing at least ten days prior to the date of the hearing.

The zoning, housing and building codes appeals board shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible person(s) has caused or maintained the violation(s) of the municipal code on the date(s) specified in the administrative citation.

The responsible person(s) contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the penalty and a failure to exhaust the recipient's administrative remedies.

The administrative citation and any additional documents submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

If the enforcement officer submits a written report in addition to the administrative citation to the zoning, housing and building codes appeals board for consideration at the hearing, then a copy of this report also shall be served by mail on the person(s) requesting the hearing at least five days prior to the date of the hearing.

Upon request of the appellant or the city, the hearing date may be postponed no more than once for no more than 60 days.

The zoning, housing and building codes appeals board may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

(Ord. No. 1623, § 1, 10-24-2017)

1-7.9 Decision.

After considering all of the testimony and evidence submitted at the hearing, a written decision to uphold or deny the administrative citation finding that there was a violation of the City of Novato Municipal Code and/or that the appellant is the responsible person shall be issued within ten business days of the hearing. The decision of the zoning, housing and building codes appeals board shall be final.

If it is determined that the administrative citation shall be upheld, then the penalty amount on deposit with the City of Novato shall be retained by the city and the appellant shall be charged an appeal processing fee to defray the costs of the city making available an appeal process for the appellant. The appeal processing fee shall be for the amount of the actual costs incurred by the city in noticing, processing, and conducting the hearing on the appeal but may not exceed the maximum amount established for an appeal fee of a determination made by the community development department in accordance with the city's fee schedule.

If it is determined that the administrative citation should be canceled and the penalty was deposited with the City of Novato, then the city shall issue a refund request to the City of Novato Finance Department for the amount of the deposited penalty. Refunds will be issued within 30 days of the refund request.

The recipient of the administrative citation shall be served with a copy of the decision in the manner prescribed by subsection 1-7.3 of the City of Novato Municipal Code.

(Ord. No. 1623, § 1, 10-24-2017)

1-7.10 Failure to Pay Penalty. The failure of any person to pay the penalty assessed by an administrative citation within the time specified on the citation and/or decision at a hearing conducted under this section shall constitute a debt owed to the city and may result in any of the following:

In addition to all other means of enforcement, such penalties may be enforced as a personal obligation of the responsible party. An administrative fine shall accrue interest at the same annual rate as any civil judgment in favor of the city under Code of Civil Procedure Section 685.010. Interest shall accrue commencing on the 20th day after the fine becomes a final decision or order.

The city may collect administrative penalties by the use of the small claims court or through any other available legal remedies. In the event a civil action is commenced to collect the administrative penalty, the city shall be entitled to recover all costs associated with the collection of the penalty, including, but not limited to, staff time and attorney fees incurred in the collection of the fine and those costs set forth in Code of Civil Procedure