Port Hueneme Municipal Code Ch. 5 Code Enforcement Cost Recovery

This Chapter establishes procedures for the recovery of Administrative Costs incurred in enforcing the Port Hueneme Municipal Code ("Code").

(Ord. 573 § 1 (part), 1991)

The following words and phrases as used in this Chapter shall be defined as follows:

(a) "Administrative Costs" means Staff Time and all other Incidental Expenses reasonably related to a particular Code enforcement case.

(b) "Code Violation" means any violation of the Port Hueneme Municipal Code; when used in the singular, the term "Code Violation" includes multiple infractions and when used in the plural, the number of infractions include the singular.

(c) "Department" means the Department of Community Development of the City.

(d) "Director" means the Director of the Department.

(e) "Enforcement Action" means prosecution of code Violations by infraction citation, misdemeanor complaint, public nuisance abatement or any other remedy afforded by law.

(f) "Enforcement Officer" means the Code Enforcement Officer of the Department.

(g) "Incidental Expenses" means the actual expenses and costs, other than Staff Time, incurred by the City in the course of enforcing the Code. Incidental Expenses, as a component of Administrative Costs, include, but are not limited to, the printing and mailing of notices, consultant and attorney fees, word processing and document reproduction, and telephone charges.

(h) "Responsible Party means the persons or persons who are alleged to have violated the Code. In the case of Code Violations involving real property, a Responsible Party may include the owner or occupant of such property, or person having lawful possession thereof.

(i) "Staff Time" means the actual time spent by officers and employees of the city in the course of enforcing the Code. Staff time, as a component of Administrative Costs, shall be calculated at an hourly rate based on a schedule established by Resolution of the City Council.

(Ord. 573 § 1 (part), 1991)

For the purpose of this Chapter, the Department shall account for and maintain records of all Administrative Costs associated with the processing of Code Violations. The computation of Administrative Costs shall include Staff Time and Incidental Expenses incurred by the City in conjunction with each enforcement Action. For the purpose of this Chapter, the duration of each Enforcement Action and assessment of Administrative Costs therefore shall be measured from the Compliance Date prescribed in the Second Notice until all Code Violations are corrected. Upon conclusion of an Enforcement Action and correction of the Code Violations, the Code Enforcement Officer shall file an itemized statement of all Administrative Costs ("Report") with the City Clerk and City Treasurer. Unless a timely appeal is filed pursuant to Section 1405 of this Chapter, the Report shall be deemed final and conclusive.

(Ord. 573 § 1 (part), 1991)

In order to recover Administrative Costs under this Section, the following procedures must be followed:

(a) First Notice. Upon investigation and determination that a Code Violation exists, the Enforcement Officer shall notify the Responsible Party of the existence of the violation and date by which the violation is to be corrected ("First Notice"). The First Notice shall be given in the manner provided in Section 1205 of the Code. In no event shall the date proscribed for correction be less than five (5) days from the date of the notice.

(b) Second Notice. If the Code Violation is not abated within the time prescribed in the First Notice, the Enforcement Officer shall notify the Responsible Party of its liability for Administrative Costs should an Enforcement Action become necessary ("Second Notice"). Furthermore, the Responsible Party shall be advised that the Administrative Costs are in Addition to whatever fines and penalties may be given in the manner provided in Section 1205 of the Code and shall provide a period of correction of not less than five (5) days from the date of the notice ("Compliance Date").

(c) Third Notice. If the Code Violation is not abated within the time prescribed in the Second Notice, the Enforcement Officer shall take all measures as are necessary to gain compliance. Upon completion of an Enforcement Action and correction of all Code Violations, the Enforcement Officer shall notify the Responsible Party of the total Administrative Costs incurred by the City. The Third Notice shall be given in the manner provided in Section 1205 of the Code, and further in the case of Code Violations involving real property, by conspicuously posting on the affected premises a copy of the notice. The Third Notice shall provided a written summary of Administrative Costs which are chargeable to the Responsible Party; shall advise the Responsible Party of the availability of the Report prescribed in Section 1402 of this Chapter shall require payment from the Responsible Party within thirty (30) days of the date of the notice: and shall advise the Responsible Party of the right to file an appeal contesting the Administrative Costs, provided that such appeal is filed within ten (10) days of the date of the notice.

Administrative Costs shall only be charged in those instances where the Responsible Party, after exhausting or forfeiting all administrative remedies, is found to be in violation of the Code by: (i) the issuance of a final Administrative Order under the Code; (ii) the issuance of a final judgment rendered by a court of competent jurisdiction; or (iii) the filing of a written Stipulation by the Responsible Party as provided in Sections 1407 and 1408 of this Chapter. The Third Notice prescribed in Section 1403(c) of this Chapter shall only be issued following correction of all Code Violations. Furthermore, if a Court of competent jurisdiction dismisses an Enforcement Action or subsequently finds the Responsible Party innocent of all alleged Code Violations, no Administrative Costs shall be charged to such Party.

(Ord. 573 § 1 (part), 1991)

Appeals contesting Administrative Costs charged hereunder shall be filed and heard within the time and manner provided in Article I, Chapter 4 of this Code. For the purpose of hearing appeals hereunder, the City Council shall serve as the Appellate Body. At the time of the hearing, the Council shall consider all matters pertinent thereto and may either uphold, reverse or modify the amount of Administrative Costs chargeable to the Responsible Party. The decision of the City Council shall be deemed final and conclusive.

(Ord. 573 § 1 (part), 1991)

All payments for which a responsible party is charged under this chapter shall be paid to the City Treasurer. All payments shall be due and payable within thirty (30) days of the date of the Third Notice as provided in Section 1403(c) of this Chapter or, in the event that a timely appeal is filed, within thirty (30) days of the date that notice of action is given by the City Clerk pursuant to Section 1305 of this Code. The Enforcement Officer shall notify the Treasurer of all payments when due and shall monitor all payments received. Should a Responsible Party fail to pay all Administrative Costs for which it has been charged within the time prescribed herein, the Treasurer may effect payment through a collection agency or through any other legal means at its disposal (Ord 573 § 1 (part) 1991)

Following commencement of an Enforcement Action, a Responsible Party may limit the amount of Administrative Costs otherwise chargeable to such Party by filing a written stipulation ("Stipulation") as provided in Section 1408 of this Chapter. Where a Stipulation is accepted for filing in the time and manner provided in Section 1408, the amount of Administrative Costs chargeable to a Responsible Party shall be the sum of Staff Time and Incidental Costs incurred by the City from the Compliance Date prescribed in the Second Notice until the effective date of the Stipulation. For the purpose of Section 1405 of this Chapter, the Stipulation shall not preclude a Responsible Party from filing an appeal with respect to Administrative Costs chargeable to such Party hereunder.

(Ord. 573 § 1 (part), 1991)

The written Stipulation referred to in Section 1407 of this Chapter shall be on forms prescribed by the City and shall constitute a declaration and acknowledgement by the Responsible Party that it does not contest the alleged Code Violations and waives all administrative rights and remedies relative thereto. The Stipulation shall not be effective nor be accepted for filing by the City until all Code Violations have been corrected. For the purposes of this Chapter, an Enforcement Action shall be deemed completed the soonest of: (i) issuance of final Administrative Order under the Code or by final judgment rendered by a Court of competent jurisdiction; or (ii) filing and acceptance of a Stipulation hereunder (Ord 573 § 1 (part), 1991)

The procedures prescribed herein must only be followed if the City is to recover Administrative Costs. The recovery of Administrative Costs shall be in addition to any fines or penalties that may be imposed under this Code or by Court order including, but not limited to, Enforcement Actions which are prosecuted to completion after a Responsible Party has satisfied the provisions of Sections 1407 and 1408 of this Chapter.

(Ord. 573 § 1 (part), 1991)