Portola Valley Municipal Code Ch. 1.12 Code Compliance—judicial and Administrative Remedies

The town council finds that compliance with the municipal code and applicable state codes throughout the town is an important public service and enables the town to better implement its general plan. Code compliance is vital to protection of the public's health, safety, and quality of life. The council finds that its citizens have a right to expect effective code compliance without confrontation between neighbors. The council further finds that a comprehensive code compliance system that uses a combination of judicial and administrative remedies is critical to gain compliance with code regulations.

The council adopts the following basic principles to guide the town's code compliance process:

A. It is the sole responsibility of the property owner and his/her builder or contractor or other responsible person to understand and comply with all applicable provisions of the Portola Valley Municipal Code.

B. The town has a duty and responsibility to investigate and enforce code violations in order to obtain compliance with municipal code provisions.

C. When a municipal code violation is discovered, any related work activity must cease immediately.

D. No town official has the authority to waive the need for a permit required by the municipal code unless expressly given that right by the municipal code or a court order.

E. When a municipal code violation occurs, the property owner responsible shall be liable for the town's costs of obtaining compliance with the town's regulations.

(Ord. 1998-309 § 2 (part), 1998)

A. In addition to any other remedy for violations of the municipal code provided for in the municipal code, or in any other ordinance of the town, or in the provisions of any code adopted by reference by the municipal code ("code"), whenever the town administrator has knowledge of an alleged violation that relates in any way to the use or occupation of real property within the town, he/she may provide a notice of code violation ("notice") to the owner of the property upon which the alleged violation is located and, where different from the owner, if known, to the person(s) responsible for causing or maintaining such alleged violation.

B. The notice shall specify the property address, the owner's name, any responsible party's name, if known, and the nature of the alleged violations, including reference to the pertinent code section(s). The notice shall provide a list of corrections needed to bring the property into compliance and a deadline or specific date to correct the violations. The notice shall also indicate the potential consequences should the property remain in violation, including, but not limited to: criminal prosecution; civil injunction; civil penalties; administrative costs; recordation of the notice; and withholding of future permits and inspections. The potential consequences listed should be commensurate with the nature and severity of the alleged violation.

C. The notice shall also state that within twenty days after the date of the mailing of the notice, the owner and/or any responsible person may request a meeting with the town administrator to present evidence that a violation does not exist. If a meeting is requested, the town administrator shall arrange to meet with the owner and/or responsible person as soon as possible, but not later than five working days after receipt of the request for a meeting.

D. In the event a meeting is not requested and the alleged violation has not been corrected or a corrective plan of action is not approved by the town administrator within twenty days after the date of the mailing of the notice or in the event that, after consideration of evidence, the town administrator determines that one or more violations of the code in fact exists, the town administrator shall issue a notice of intent to record the notice of code violation. The notice of intent shall be provided to the property owner and any responsible party.

E. If the owner or the responsible person disagrees with the determination of the town administrator, either party may appeal the decision to the town council by providing a written request to the town clerk or to the town administrator, along with an appeal fee as set forth in the town's fee schedule, not later than fifteen days after the date of the mailing of the notice of intent to record the notice of violation.

F. The town council shall, not later than forty-five days after the date an appeal is filed, conduct a hearing to consider the action of the town administrator and the evidence of the appellant. At least fifteen days prior to the hearing, the town shall provide written notice regarding the date and time of the hearing to the affected property owner, any responsible person, if known, and to the property owners of the ten nearest neighboring properties or the property owners of all properties within five hundred feet of the subject property, whichever number is lesser. The town council shall either affirm, modify, or reverse the decision of the town administrator and may attach conditions deemed necessary to assure compliance with town regulations and to reimburse the town for the costs of code compliance.

G. If no appeal is timely filed, or if directed by the decision of the town council on an appeal, the town administrator may proceed with civil or criminal enforcement remedies and shall record the notice of code violation with the office of the county recorder of San Mateo County. The recorded notice of code violation shall also include the name of the property owner, the assessor's parcel number, and the parcel's legal description. A copy of the notice of code violation shall also be provided by certified mail to the property owner and any responsible person, if known.

H. A notice of release of code violation shall be issued by the town administrator only if the town administrator or town council determines that:

1. All violations listed in the notice of code violation have been corrected;

2. All necessary permits have been issued and finalized;

3. All civil penalties have been paid;

4. All administrative costs of code compliance have been paid.

The notice of release of code violation shall be also be recorded if a notice of code violation was previously recorded.

I. The town shall cause a stop work notice to be issued for any work related to a code violation, and where a notice of code violation has been recorded, shall withhold permits for any alteration, repair, or construction on the property, or any permits pertaining to the use and development of the real property or any structure on such property until a notice of release of code violation has been issued by the town administrator. The town shall not withhold permits which are necessary to obtain a notice of release of code violation or which are necessary to correct serious health and safety violations.

J. Whenever a notice is required to be given under this section, the following provisions apply, unless different provisions are otherwise specifically stated to apply:

1. Notice shall be given by personal service or certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by first class (regular) mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

2. Notice to the property owner by mail shall be to the address shown on the last assessment roll or to any other address of the owner known to the town administrator. In the event the owner's address is unknown, notice shall be posted in three places on or in front of the property, in a form to be approved by the town administrator.

3. Notice to any known responsible party shall be by mail to the street address of the property or to any other address of the responsible party known to the town administrator.

4. Service by personal service or by certified or regular mail in the manner described above shall be effective on the date of personal delivery or the date of mailing. The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this chapter.

(Ord. 1998-309 § 2 (part), 1998)

A. The council finds there may be a need for mediation as a means of dispute resolution to gain compliance with provisions of the municipal code and other applicable federal and state codes. The council further declares that mediation can be an effective technique to avoid disputes by developing consensus on controversial issues. Mediation can often resolve disputes in a more efficient and effective manner without the necessity of more formal administrative action or litigation.

B. At any stage of a code compliance proceeding, including during a civil action, the matter may be referred to mediation by the town or by a court that has jurisdiction over the matter.

C. The mediation shall be held before a neutral third party agreed to by the parties or appointed by the court that has jurisdiction over the matter.

D. The mediation shall occur within sixty days of the date of the referral.

(Ord. 1998-309 § 2 (part), 1998)

A. Any property owner to whom a notice of violation is issued and recorded shall pay to the town the costs of staff administration, as set forth in the town's fee schedule. Such costs shall be based on the time of staff involved in abating the violation and may include the costs of research, field investigation, notice, and administrative hearing costs.

B. Any person against whom a civil or criminal complaint is filed shall pay to the town the reasonable costs of staff administration, as set forth in the town's fee schedule, unless the party after trial is deemed by the court to be the prevailing party. Such costs shall be based on the time of staff involved in abating the violation and may include the costs of research, field investigation, notice, administrative hearing, and court costs.

C. Code compliance administrative costs shall not be required where the violations on a property are corrected before the date of recordation of a notice of code violation.

D. No notice of code violation shall be released by the town and no civil or criminal complaint shall be dismissed by the town until all applicable code compliance costs have been paid. Additionally, no permit shall be issued and no staff inspection shall be conducted for work on a property currently subject to a notice of code violation or to a civil or criminal complaint, until such code compliance costs have been paid.

E. Code compliance costs shall be required in addition to any other fees or penalties required by the code.

(Ord. 1998-309 § 2 (part), 1998)

A. The town council finds that in addition to any other procedures, fines, or penalties, that where it is necessary for the town to file a civil action in court to obtain compliance with the code, the court may, in its discretion, assess a civil penalty of up to five thousand dollars against the violating parties in connection with the code enforcement action in the event the town is the prevailing party. The court shall consider some or all of the following factors:

1. The duration of the violation(s).

2. The frequency or recurrence of the violation(s).

3. The seriousness of the violation(s).

4. The history of the violation(s).

5. The person's conduct after issuance of the notice of code violation.

6. The good faith effort by the person to comply.

7. The economic impact of the penalty on the person.

8. The impact of the violation upon the community.

9. Any other factors that justice may require.

B. Any person or entity who commences development or begins construction of any improvement prior to obtaining a zoning approval, architectural and site plan review, subdivision approval, or building permit required by the Portola Valley Municipal Code shall pay a civil penalty to the town equivalent to three times any and all fees required for the development or improvement. The town administrator may reduce or waive the administrative civil penalty fee in those cases where an application for permit is filed prior to staff awareness of a potential violation and may reduce the fee by one-half where the town administrator determines that the applicant has not acted willfully to violate the code, provided that a complete permit application is submitted not later than ten days after staff has notified the owner of the violation.

C. Any provision of the code may be enforced by injunction issued by the superior court upon a suit brought by the town.

D. As part of any civil court action, the town has the authority to require a performance bond to ensure compliance with the municipal code, applicable state codes, or any judicial action.

(Ord. 1998-309 § 2 (part), 1998)

A. It is unlawful for any person to violate any provision or to fail to comply with the requirements of this code or of any other ordinance of the town. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code or any of the town's ordinances, other than administrative provisions thereof, shall be guilty of a misdemeanor, unless the violation of such provision is designated as an infraction or is a parking violation.

B. Any person convicted of a misdemeanor under the provisions of this code or other town ordinance shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

C. Any person convicted of an infraction under the provisions of this code or other town ordinance shall be punishable by:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation within one year of the same provision of this code or of the same ordinance;

3. A fine not exceeding five hundred dollars for a third violation within one year of the same provisions of this code or of the same ordinance; and

4. Any person violating the same provision of this code or other town ordinance that is designated as an infraction for the fourth time within one year shall be guilty of a misdemeanor.

D. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code or of any other town ordinance is committed, continued, or permitted by such person and shall be punishable accordingly.

(Ord. 1998-309 § 2 (part), 1998)

Any condition existing in violation of any of the provisions of this code or any other town ordinance shall be deemed a public nuisance and may be abated by the town pursuant to Title 8 (Health and Safety), of this code.

(Ord. 1998-309 § 2 (part), 1998)

The remedies specified in this chapter are not mutually exclusive or definitive, and no remedy in this chapter supersedes or limits any other remedies, civil or criminal, whether set out in the chapter or not.

(Ord. 1998-309 § 2 (part), 1998)