Chapter 2.55 — CODE ENFORCEMENT COMMISSION

This chapter shall be known as the "code enforcement commission ordinance."

(Ord. 6518 § 2, 1993: Ord. 6229 § 2 (part), 1987)

There is created and established a commission of the city to be known as the "code enforcement appeals commission" and hereinafter called "commission."

(Ord. 6229 § 2 (part), 1987)

A.

The commission shall consist of 9 members, who shall be appointed as follows:

Each of the 7 councilmembers and the mayor shall nominate 1 member for a total of 8 members.

The mayor shall nominate the remaining 1 member from persons recommended by the 7 councilmembers.

All nominations are subject to ratification by the city council.

B.

A member shall be appointed for an initial term of 3 years, and shall serve periodic three-year terms thereafter if re- nominated by the councilmember who originally nominated that member. Terms expire on June 30th of the applicable years. A member shall continue in office for the term for which he/she was appointed or until his/her successor is appointed.

C.

If a member ceases to reside in the city prior to the expiration of a term, the member may complete the term only upon approval by the city council pursuant to Section 2.45.020.

D.

Any member of the commission may be removed by the city council at its pleasure.

(Ord. 6905 § 4, 2002; Ord. 6820 §§ 9, 45 (part), 2000; Ord. 6268 § 5, 1988; Ord. 6232 § 1, 1988; Ord. 6229 § 2 (part), 1987)

A.

All members shall be residents of the city; provided, however, that a person nominated by a councilmember need not reside in said councilmember's district.

B.

No members shall be employees of the city or its agencies.

C.

Members shall possess general knowledge of code provisions related to the commission's purpose and functions (e.g., housing, health, building and zoning).

(Ord. 6229 § 2 (part), 1987)

(Ord. No. 7378, § 9, 8-2-2021)

A.

In the event a member has 3 consecutive unexcused absences from meetings of the commission or upon the death or resignation of a member, the city council may declare the office of such member vacant. The staff to the committee shall advise the administrative assistant to the mayor of any such member with 3 consecutive unexcused absences. The chair of the commission may excuse absences.

B.

Vacancies, whether scheduled or unscheduled, shall be filled by the person who nominated the member to the vacant office, or by his/her successor, in the same manner as set forth in Section 2.55.030.

(Ord. 6820 § 45 (part), 2000; Ord. 6229 § 2 (part), 1987)

(Ord. No. 7378, § 3, 8-2-2021)

At the first meeting of the commission, and thereafter at its first meeting of each subsequent year, the members shall elect a chair and a vice chair. In the absence or incapacity of the chair and vice chair, the commission may designate a temporary chair.

(Ord. 6229 § 2 (part), 1987)

(Ord. No. 7378, § 4, 8-2-2021)

A.

All meetings of the commission shall be held in accordance with the Ralph M. Brown Act and shall be open to the public except as provided by law. Special meetings may be called by the chair or a majority of the commission. The commission shall meet at least once a month to hear cases. Additional meetings may be scheduled depending on the volume of cases,

or emergencies as defined in Section 14.12.100(D) of this code, or as requested by the administrator of neighborhood services.

B.

The commission shall keep a record, which shall be available for public inspection, of all of its resolutions, decisions, proceedings and other actions.

(Ord. 6396 § 1, 1990: Ord. 6268 § 6, 1988; Ord. 6229 § 2 (part), 1987)

A.

The commission shall divide itself into 3 member rotating panels for the purpose of holding initial hearings on violations of the municipal code. These panels shall be constituted and are authorized to hear, rule and issue orders on cases filed by code enforcement inspectors. Two members of the panel shall constitute a quorum. No action taken shall be valid unless it receives the affirmative vote of 2 members of the panel.

B.

A panel decision becomes final on the 11th day following the date the decision is mailed to the interested party.

(Ord. 6396 § 2 (part), 1990)

A.

An interested party may appeal a panel determination to the full commission by filing an appeal application with the administrator of neighborhood services within 10 days following the date the decision is mailed to that party. A quorum of the full commission shall be a majority of the commission seats filled by the city council. A seat is deemed to be filled after a nominee has been sworn in by the city clerk. No action of the full commission shall be valid without the affirmative vote of at least three members.

B.

The appeal application shall set forth previously unavailable new evidence regarding the matter; or state specifically the manner in which the panel determination was not supported by the record, misinterpreted the municipal code, misapplied established city policy, or erred in some other respect.

C.

The appeal application shall be reviewed by the administrator of neighborhood services to determine procedural compliance with subsection B of this section.

D.

Whenever an appeal is timely filed and meets one of the requirements of subsection B of this section, the administrator of neighborhood services shall schedule a date for the hearing. The date of the hearing shall be within 30 to 60 days of the filing of the appeal application, depending on the circumstances in the case.

E.

At the appeal hearing, the commission shall review the record of the decision, hear testimony, and receive evidence relevant to the panel decision from the appellant, staff or any other party affected by the panel determination.

F.

At the close of the hearing, the commission shall affirm, modify or reverse the panel determination. When a decision is modified or reversed, the commission shall state the specific reasons for the modification or reversal.

G.

The decision of the full commission shall be the final administrative authority.

H.

If the commission fails to act upon an appeal within the time limits prescribed in this section, the panel determination from which the appeal was taken shall be deemed affirmed.

(Ord. 6820 § 10, 2000; Ord. 6675 § 3, 1996; Ord. 6396 § 2 (part), 1990)

The commission shall adopt and amend, by the affirmative vote of 5 members, rules and regulations for the conduct of the commission's business consistent with this chapter. Such rules and regulations shall be submitted to the city council and shall not become effective until approved and ordered filed by the council with the city clerk.

(Ord. 6820 § 45 (part), 2000; Ord. 6268 § 7, 1988: Ord. 6232 § 2, 1988: Ord. 6229 § 2 (part), 1987)

The commission shall submit an annual report and workplan to the city council no later than September 1st of each year. Attendance records of members shall be included as part of the annual report.

(Ord. 6930 § 4, 2003: Ord. 6820 § 45 (part), 2000; Ord. 6229 § 2 (part), 1987)

Members of the commission shall be required to file annual statements of economic interest pursuant to the city's conflict of interest code.

(Ord. 6229 § 2 (part), 1987)

The primary purpose of the commission is to hear and rule on cases and appeals regarding enforcement of particular provisions in Title 6, 14, 17, Chapter 8.48, and Chapter 9.58 of this code, and to order action on cases of noncompliance presented by city staff. The commission also advises the council on code enforcement matters and animal control issues.

(Ord. 6905 § 5, 2002: Ord. 6253 § 5, 1988: Ord. 6229 § 2 (part), 1987)

The commission shall be guided in its deliberations by the following considerations:

A.

If the substandard building or premises can reasonably be repaired or rehabilitated so that it will no longer exist in violation of the terms of the code, it shall be ordered repaired or rehabilitated;

B.

If the substandard building or premises is in such condition as to make it dangerous to the health, safety or general welfare of its occupants, it shall be ordered to be vacated, and repaired or rehabilitated;

C.

Where a substandard building cannot be repaired so that it will no longer exist in violation of the terms of the code, it shall be vacated and repaired or demolished;

D.

Where a substandard building is a health or fire hazard existing or erected in violation of the terms of this code or any ordinance of this city, or statute of the state, it shall be vacated and repaired, or demolished and removed;

E.

An order to repair may be satisfied by demolition. The commission shall conduct a hearing on any proposed demolition.

(Ord. 6229 § 2 (part), 1987)

A.

Notice of the hearing shall be given which shall set forth the street address of the premises which are the subject of the hearing, and a legal description, sufficient for identification of the premises. It shall contain a brief statement of the violations rendering the building or premises a substandard building in violation of the code or state law. It shall state the date, hour and place of the hearing and shall order all interested parties who desire to be heard in the matter to appear before the council.

B.

One copy of the notice shall be posted at the entrance to the building or premises involved. One copy of the notice shall be served on the persons listed below, either by personal service or by certified mail by the enforcement officer at the person's last known address:

The person, if any, in real or apparent charge and control of the premises involved;

The owner of record and lessee of record if an order to vacate or demolish is being requested by city staff;

The holder of the mortgage, trust deed or similar lien or encumbrance of record.

C.

To the extent it is practical to do so, the enforcement officer shall give notice to any person having any other estate or interest in the building, or land involved.

D.

The notice shall be posted or mailed and served at least 10 days prior to the date set for hearing, exclusive of the day of service.

(Ord. 6820 § 45 (part), 2000; Ord. 6396 § 3, 1990; Ord. 6229 § 2 (part), 1987)

A.

At the request of the aggrieved person or the administrator of housing and neighborhood services, the commission shall hold a hearing upon the findings of the enforcement officer and hear and consider evidence offered by the city staff, the owner, occupant or person in charge and control, mortgagee, lessee or any person having any estate or interest in the building or premises, pertaining to the matter set forth in the notice of hearing.

B.

Each member of the commission shall have the power to administer oaths and issue subpoenas. The city clerk shall cause such subpoenas to be issued under the seal of the city and the police chief shall cause such subpoenas to be served. Wilful failure to appear to testify in response to any such subpoena or to produce any item under a subpoena duces tecum shall be punished as a misdemeanor.

C.

Whenever in the course of any proceeding taken hereunder, the commission shall require additional evidence, it may request that the premises be inspected by the planning and community development department, fire department or the health officer. The department to which such request is directed shall inspect the premises and a report in writing shall be transmitted to the commission within 5 business days of the receipt of the request for inspection. The report shall be considered along with other evidence at the hearing.

D.

After the hearing, the commission shall order the building vacated, repaired, rehabilitated or demolished and removed, or any combination thereof, or reverse the findings of the enforcement officer in whole or in part or continue the hearing to a date certain.

E.

The commission shall specify the time limit within which the necessary action shall be completed. The commission shall consider the following factors in setting the time for compliance with its orders:

Existence or nonexistence of a life, health or other type of hazard to the occupant or others in the building or premises;

Severity of the hazard or negative effect upon the community;

Number and extent of separate items that must be completed in order to bring the building or premises into compliance with this code;

Extent of resources available to the offending party(s) to correct the violations(s);

Length of time the violation(s) has been known to exist and the amount of time the enforcement officer has given for compliance previously;

The existence or nonexistence of mitigating factors which caused the building or premises to be in violation or which may affect the amount of time needed for compliance.

F.

The commission may divide the violation(s) into groups requiring compliance at various intervals with inspection to be conducted at each stage by the enforcement officer.

(Ord. 6229 § 2 (part), 1987)

(Ord. No. 7364, § 2, 5-18-2020)

A.

An order to repair or rehabilitate shall set forth the street address of the building. An order to vacate or demolish and remove shall set forth the street address of the building and a legal description of the premises sufficient for identification. The order shall contain a statement of the violations which render the building or premises substandard.

B.

The order shall specify the time within which the work required must be commenced or completed.

C.

The enforcement officer may for good cause shown, extend the time for completion upon written application by an interested party.

D.

A copy of the order to vacate, repair, rehabilitate or demolish and remove any building shall be posted at the entrance to the building, and shall be served in the manner above prescribed in the case of the notice of hearing, upon all persons to whom the notice of hearing is required to be served.

E.

The owner or other person having charge and control over any building or premises determined to be substandard who fails to comply with an order to vacate, repair, rehabilitate or demolish and remove such building is guilty of a misdemeanor.

F.

The occupant or lessee in possession who fails to vacate such building in accordance with an order given as provided in the code is guilty of a misdemeanor.

G.

Any person who removes a notice or order posted as required in the code is guilty of a misdemeanor.

(Ord. 6229 § 2 (part), 1987)

Whenever an emergency order to vacate, repair, rehabilitate or demolish and remove any building has not been complied with within the time set by the commission, the administrator of housing and neighborhood services may implement the work specified in such order if requested by the commission. Demolitions must be accomplished in accordance with the city's Growth Management Ordinance. A statement of the cost of the work shall be transmitted to the city council who shall cause the same to be paid in the manner herein provided.

(Ord. 6820 § 45 (part), 2000; Ord. 6354 § 1, 1989: Ord. 6229 § 2 (part), 1987)

A.

Cost incurred under this chapter shall be paid out of the city treasury and constitute a lien against the property upon which the nuisance was maintained and shall also become a personal obligation of the owner of the property at the time the nuisance was abated. Such costs shall also be charged as a special assessment against the premises.

B.

Costs incurred under this chapter which have been paid out of the city treasury shall be collected in the following manner:

The city shall file and record a lien for such costs with the county clerk;

Payment of city billing for city-incurred costs by remittance in cash within 30 days of the initial billing;

Beginning 30 days after initial billing, all unpaid accounts shall be delinquent and shall incur service charges at the rate of

No person shall obstruct, impede or interfere with any representative of the commission, or with an inspector of a city department, or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished and removed, or with any person to whom such building has been lawfully sold pursuant to the provisions of applicable code whenever any such representative of the commission, inspector, purchaser or person having an interest or estate in such building is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building pursuant to the provisions of applicable codes, or in performing any necessary act preliminary to or incidental to such work, as authorized or directed pursuant hereto.

(Ord. 6229 § 2 (part), 1987)

A.

No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building in the city, or cause or permit the same to be done contrary to or in violation of any of the provisions of applicable codes.

B.

Any person, firm or corporation violating any of the provisions of applicable codes shall be guilty of a misdemeanor, and upon conviction of any such violation such person shall be punishable by a fine of not more than $500.00, or by imprisonment in city jail for not more than 180 days, or by both such fine and imprisonment.

(Ord. 6229 § 2 (part), 1987)