Article 4 — ENFORCEMENT

Failure to meet the requirements set forth in this chapter shall result in a violation. (Ord. 09-10, 5/25/2010; Ord. 12-11, 6/28/2011)

Violation of the requirements set forth in this chapter may be enforced in any combination of remedies provided by this Code or by law.

(Ord. 09-10, 5/25/2010; Ord. 12-11, 6/28/2011)

In any proceeding under this chapter, the City may impose a civil fine of up to $1,000 per day for each day that the party responsible for compliance with the requirements of Article 3 of this chapter fails to maintain the property in violation of this chapter, commencing on the day following the expiration of the period to remedy the violation established in the notice of violation.

(Ord. 09-10, 5/25/2010; Ord. 12-11, 6/28/2011)

Whenever a Code Enforcement Officer of the City determines that a violation of the articles of this chapter has occurred, the Code Enforcement Officer shall have the authority to issue a notice to the owner of record, beneficiary/trustee, and/or property manager of violation, imposition of fine, and public hearing, referred to as "notice" in this chapter. The term "hearing" as used in this chapter shall mean a noticed public hearing conducted by the Oakley City Council.

• a. The notice shall include a description of the conditions giving rise to the violation and the City’s intent to assess a civil fine of up to $1,000 per day if action to correct the violation is not commenced within a period of not less than fourteen (14) days and completed within a period of not less than thirty (30) days. This period shall be referred to as the "compliance period." Notwithstanding this provision, a compliance period of less than thirty (30) days to remedy the violation may be required before imposing a fine if it is determined that a specific condition on the property threatens public health, safety or welfare. In such event, the notice shall specifically state such determination and the lesser period for compliance. A Code Enforcement Officer may establish different compliance periods for different violations, subject to the minimums set forth in this section.

• b. The notice shall include the date, time and place of a hearing at which time the owner of record, beneficiary/trustee and/or property manager shall be given an opportunity to contest any fine imposed. The hearing shall be set by the City Clerk as soon as practicable following expiration of the compliance period set forth in the notice.

• c. The notice shall advise that fines will continue to accrue unless and until a Code Enforcement Officer inspects the property and issues a compliance certificate which the owner of record, beneficiary/trustee, and/or property manager must produce at the hearing. In the event there is a delay of more than twenty-four (24) hours between the request for a

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City of Oakley, CA § 4.32.408

OAKLEY CODE

§ 4.32.412

re-inspection and the re-inspection, the fine shall be tolled between the date of the request for re-inspection and the actual re-inspection. It is the responsibility of the owner of record, beneficiary/trustee, and/or property manager to arrange for such inspection and to obtain the compliance certificate. The notice shall include contact information for the inspection and for the compliance certificate.

• d. The notice shall be sent by certified mail, return receipt requested, to the address provided in the deed or other instrument as specified in Government Code Section 27321.5(a), or, if none, to the return address on the deed or other instrument, and the notice shall be posted on the front of the property so it is visible from street view. The notice may also be mailed to the trustee/beneficiary or property manager at the address(es) provided on the registration form required under Section 4.32.304.

• (Ord. 09-10, 5/25/2010; Ord. 12-11, 6/28/2011; Ord. 08-13, 6/11/2013)

• a. The hearing shall be set and conducted regardless of whether the hearing was requested by the owner of record, beneficiary/trustee, and/or property manager. If the owner of record, beneficiary/trustee, and/or property manager or representative of the owner of record, beneficiary/trustee, and/or property manager fails to appear for the hearing, the City Council will conduct the hearing to a conclusion and issue a decision as set forth in this chapter. Failure to appear at the hearing shall constitute a failure to exhaust administrative remedies for purposes of judicial review.

• b. The City Council shall have the power to administer oaths.

• c. At the hearing, the City shall present evidence in support of the notice and imposition of fine(s). The owner of record, beneficiary/trustee, and/or property manager or any individual authorized in writing to represent the owner of record, beneficiary/trustee, and/or property manager may present evidence in opposition to the notice and/or imposition of fine(s).

• d. The hearing shall be conducted informally. Formal rules of evidence shall not apply, except that irrelevant and unduly repetitious evidence may be excluded in the City Council’s decision.

• e. The City shall bear the burden of proof, which shall be preponderance of the evidence.

• f. The City shall maintain the administrative record of the hearing.

• (Ord. 09-10, 5/25/2010; Ord. 12-11, 6/28/2011; Ord. 08-13, 6/11/2013)

• a. The City Attorney shall file a written decision based on the City Council’s action and direction with the City Clerk within seventy-two (72) hours of the hearing. The decision shall include a statement of the issues, findings of fact, a summary of relevant evidence and an order setting the amount of the fine. In determining the amount of the fine, the City Council shall take into consideration any timely and good faith efforts by the owner of record, beneficiary/trustee, and/or property manager to remedy the violation(s).

• b. The City Clerk shall mail a notice of decision by certified mail with an attached copy of the City Council’s decision to the owner of record, beneficiary/trustee, and/or property manager at the address as set forth in Section 4.32.408(d), or a property address listed on

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.32.412

§ 4.32.418

the registration form required under Section 4.32.304, and to any other address if requested by the owner of record, beneficiary/trustee, and/or property manager.

• c.

  • The City’s notice of decision shall provide as follows:

  • 1. Contain a statement that the decision is final and that judicial review may be sought within twenty (20) days pursuant to Government Code Section53069.4.
  • 2. Advise that the total of the fines charged, along with any attorney fees and collection costs, will be collected by civil remedy if not paid within forty-five (45) days of the notice of decision.
  • 3. Notify the owner of record, beneficiary/trustee, and/or property manager that fines will continue to accumulate if the violations are not abated within five business days following the hearing and thereafter the City may abate the violation and collect such costs pursuant to Chapter 1.6.

• (Ord. 09-10, 5/25/2010; Ord. 12-11, 6/28/2011; Ord. 08-13, 6/11/2013)

Any fine imposed by the City Council’s decision under this chapter shall be the personal obligation of the owner of record, beneficiary/trustee, and/or property manager and may be collected by civil remedy if not paid within forty-five (45) days of the decision. The City may also collect any attorney fees or collection costs associated with collection of the fine. It is the intent of the City Council in adopting this chapter to hold financial institutions and investors in foreclosed and/or vacant property accountable for the conditions of their property. (Ord. 09-10, 5/25/2010; Ord. 12-11, 6/28/2011; Ord. 08-13, 6/11/2013)

All rights and remedies provided in this chapter are cumulative and in addition to any other rights and remedies provided by law. All procedures herein are intended to obtain the abatement of public nuisances and compliance with those provisions of the City’s Code which are declared to be public nuisances.

(Ord. 09-10, 5/25/2010; Ord. 12-11, 6/28/2011)

Fines imposed under this chapter shall be payable to the City of Oakley and shall be directed to the City’s code enforcement budget only for nuisance abatement purposes. (Ord. 09-10, 5/25/2010; Ord. 12-11, 6/28/2011)

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.33.102

§ 4.33.502