Chapter 1 — ADOPTION OF CODE

2. PENALTY PROVISIONS
   3. RULES OF CONSTRUCTION
   4. APPEALS
   5. ADMINISTRATIVE CITATIONS

CHAPTER 1: ADOPTION OF CODE

CHAPTER 1: ADOPTION OF CODE

1-1.01 Title: Reference to Code 1-1.02 Authority 1-1.03 Effective date 1-1.04 Effect of Code on past actions and obligations 1-1.05 Reference to specific ordinances 1-1.06 Validity of Code 1-1.07 Repeal of ordinances 1-1.08 Maintenance of Code 1-1.09 Administrative Code

(a) Any check presented as payment that is returned unpaid by any financial institution is subject to a service fee in the amount set forth in the current Citywide Fee Schedule. (b) Any credit card payment that is stopped by the card user is subject to a services fee in the amount set forth in the current Citywide Fee Schedule. (§ 4, Ord. 2785, eff. November 16, 2003, as amended by § 2, Ord. 3211, eff. July 1, 2022)

Any authorized utility fees which remain unpaid for a period of six (6) or more months after the date upon which they were billed may be collected thereafter by the City as provided as follows: (a) The City Council shall cause a report of delinquent utility fees to be prepared periodically. The City Council shall fix a time, date and place for hearing the report and any objections or protests thereto;

(b) The City Council shall cause notice of the hearing to be mailed to property owners listed on the report not less than fourteen (14) calendar days prior to the date of the hearing; (c) At the hearing the City Council shall hear any objections or protests of property owners liable to be assessed for delinquent fees. The City Council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed; and (d) The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees plus late charges and cost of lien. A certified copy of the confirmed report shall be filed with the City Clerk, or auditor appointed by the City Council, for the amount of the respective assessments against the respective parcels of land as they appear on the current assessment role. The lien created attaches upon recordation, in the office of the San Bernardino County Recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary City ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of City ad valorem property taxes shall be applicable to such assessment. (§ 4, Ord. 2785, eff. November 16, 2003)

(a) The Council finds that there is a need for alternative methods of enforcement of the Ontario Municipal Code and applicable state codes in addition to the penalties provided by § 1-2.01. The Council further finds that the assessment of civil penalties is a necessary alternative method of code enforcement. The administrative assessment of civil penalties established in this section is in addition to any other remedies established by law which may be pursued to address Municipal Code or state law violations. (b) Civil penalties may be assessed against a responsible party for continued violations of the Municipal Code or applicable state codes, whether of the same section or any combination, that reflect a continuing disregard for the requirements of such laws. The Code Enforcement Director or his or her designee may issue a notice to the responsible party stating the violation, including a description of the conditions that give rise to the violation, and assessing a civil penalty pursuant to this section. The civil penalty shall not begin to accrue until thirty (30) days after the date of the notice. The notice shall state the City's intention to assess a civil penalty and the amount of such penalty. The civil penalty may be enforced as a lien or special assessment pursuant to subsection (e) of this section. The imposition of civil penalties authorized under this section may be combined with other notices issued under this Code in the discretion of the City. (c) Notwithstanding subsection (b), the City may provide less than thirty (30) days' notice to remedy a condition before imposing a civil fine if the City determines that a specific condition of the property threatens public health or safety and provided that notice of that determination and time for compliance is given. (d) Civil penalties may be assessed at a daily rate not to exceed One Thousand Dollars ($1,000) per day. The actual amount assessed, up to One Thousand Dollars ($1,000) per day, shall be set by the Code Enforcement Director, based upon a civil penalties schedule set by the City Manager. In determining the amount to be imposed on a daily rate, or the actual final amount to be assessed, the Code Enforcement Director or his or her designee shall consider the following factors: (1) Duration of the violation. (2) Frequency or occurrence of the violation or other similar violations. (3) Seriousness of the violation in relation to its threat or impact upon public health, welfare, or safety. (4) History of violations. (5) Activity taken by the responsible party to obstruct or interfere with correction of the violation.

(6) Good faith or bad faith efforts by responsible party to comply. (7) The impact of the violation on the surrounding property and community. (8) The financial ability of the responsible party to have corrected the violation in a timely fashion. (e) Civil penalties, as confirmed by resolution of the City Council, shall constitute a special assessment against the property to which it relates, and after its recording, as thus made and confirmed, the same shall constitute a lien on the property in the amount of such assessment. The notices of such special assessment, and any other notice required by this section, shall be provided to the owner by certified mail, as determined from the County Assessor's or County Recorder's records. The assessment shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes shall be applicable to the special assessment. If any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. The City may conduct a sale of vacant residential developed property for which the payment of such assessment made pursuant to this subdivision is delinquent. Notices or instruments relating to the abatement proceeding or special assessment may be recorded. (f) Appeals. Upon request by the owner, lessee, occupant, or person having charge of the affected premises and if received by the Code Enforcement Director within ten (10) days after mailing the final notice and order or notice of violation, which includes the imposition of civil penalties to be assessed, the City Manager or his or her designee shall hold a hearing, which shall be open to the public. The City Manager or his or her designee shall hear and consider objections and/or protests from any owner, lessee, occupant, person having charge of the affected premises, or other interested persons relative to the accrual of civil penalties. The City Manager or his or her designee shall hear and receive all relevant evidence and testimony relative to the violations upon which the civil penalties are based and shall consider all of the factors listed in subsection (d) of this section. This hearing may be continued from time to time. Upon or after the conclusion of the hearing, the City Manager or his or her designee shall determine the amount of civil penalties to be assessed. This decision shall be final. (g) Unpaid civil penalties may be assessed against the affected premises as specified in § 1-4.05. (h) Fines and penalties collected resulting from enforcement of this section shall be placed in the general fund and used solely for the purpose of the code enforcement program in order to ensure and maintain the character and well- being of the City. (§ 1, Ord. 2905, eff. June 5, 2009, as amended by § 2, Ord. 2920, eff. May 20, 2010, § 2, Ord. 3230, eff. January 19, 2023)

CHAPTER 3: RULES OF CONSTRUCTION

CHAPTER 3: RULES OF CONSTRUCTION

1-3.01 Scope of chapter 1-3.02 Provisions construed as restatements and continuations 1-3.03 Tenure of officers preserved 1-3.04 Effect of headings 1-3.05 Meaning of section and subsection 1-3.06 References to acts or omissions within the City 1-3.07 Acts by deputies 1-3.08 Writing 1-3.09 References to ordinances: Application to amendments 1-3.10 Service of notices 1-3.11 Service of notices: Proof 1-3.12 Statute of limitations 1-3.13 Definitions 1-3.14 No mandatory duty