Rancho Cordova Municipal Code Art. II Enforcement

The enforcement official is hereby authorized to use the provisions of this code for the purpose of abating nuisances which exist as the result of violation of this chapter.

(Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 2)

To the extent authorized by law, the enforcement official may enter on such premises at reasonable times to make inspections authorized by the Rancho Cordova Municipal Code or state law.

(Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 2)

A. Every owner of real property within the city is required to maintain such property in a manner so as to not violate the provisions of this code, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

B. Every occupant, lessee or holder of any interest in property, other than an owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed by this section on the owner thereof shall in no instance relieve those persons herein referred to from the similar duty.

(Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 2)

Whenever the term "hearing examiner" is utilized in this chapter, it shall be deemed to refer to a person assigned the responsibility of conducting a hearing by the city manager. The city manager shall be authorized to assign hearing responsibilities from time to time to any person or persons, qualified by training or experience, whom the city manager may appoint, employ or who are retained by contract to conduct such hearings.

(Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 8-2004 § 2; Ord. 50-2004 § 2)

A. Notice to Appear Citation. Law enforcement agencies and the enforcement official may issue a notice to appear citation to the property owner, any person occupying or leasing the property or premises of another, and/or other responsible party for violation of this code under the procedures set forth in RCMC § 16.18.503(A)(5)(b).

B. Infractions. A property owner, any person occupying or leasing the property or premises of another, and/or other responsible party who violates any provision of this code shall be guilty of an infraction. Each day, or portion thereof, a violation exists may be a new and separate offense. Any person convicted of an infraction shall be subject to payment of a fine pursuant to the terms set forth in Government Code Section 36900, as that section or its successor reads at the time of the offense, plus any additional penalties assessed by the court. After a third conviction of the same section of this code, subsequent violations of the same section may be charged as a misdemeanor rather than as an infraction.

C. Misdemeanor. Any person convicted of a misdemeanor under this code shall be punished by a fine of not more than $1,000, or by imprisonment not to exceed six months, or by both such fine and imprisonment.

D. Notwithstanding subsections (A), (B) and (C) of this section, the prosecuting authority may file a misdemeanor for any violation of this code, including a failure to obey an administrative citation as described in RCMC § 1.01.190(K). In addition, the city attorney or his or her authorized designee may take other steps and apply to such court to seek any and all legal or equitable relief as permitted under law.

E. Second or Subsequent Civil or Criminal Judgment – Treble Damages. Pursuant to Government Code Section 38773.7, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with the abatement procedure outlined in this chapter, the court may order the owner to pay treble the costs of the abatement. This section does not apply to conditions abated pursuant to Health and Safety Code Section 17980.

F. Administrative Citations.

1. Applicability. This subsection (F) provides for administrative citations, which are in addition to all other legal remedies, criminal or civil, which the city may pursue to address a violation of this code. Use of this section is at the sole discretion of the city. This section is authorized under Government Code Sections 36901 and 53069.4.

The procedures in this subsection (F) shall not be used to enforce a continuing violation regarding building, plumbing, electrical, or other similar structural or zoning issues, without first allowing the person in violation a reasonable time to correct the violation, consistent with the procedures set forth in subsection (F)(2) of this section.

2. Continuing Violations of Building and Zoning Issues. If a violation is a continuing one and pertains to a building, plumbing, electrical, or other structural or zoning issue that does not create an immediate danger to health or safety, the city shall provide a reasonable period of time for the responsible person to correct or otherwise remedy the violation before the imposition of an administrative citation or penalty.

3. Administrative Citation.

a. Authority. Whenever an enforcement officer determines that a violation of any of the provisions of any of the ordinances of the city has occurred, the enforcement officer has the authority to issue an administrative citation to the person responsible for the violation.

b. Contents of Citation. Each administrative citation shall contain the following information:

i. The date of the violation.

ii. The address or a definite description of the location where the violation occurred.

iii. The section of the code violated and a description of the violation.

iv. The amount of the fine for the code violation.

v. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid.

vi. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation.

vii. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained.

viii. The name and signature of the citing enforcement officer. In the case of a continuing violation involving building, plumbing, electrical, or other similar structural or zoning issues identified under subsection (F)(2) of this section, the administrative citation shall also have attached a copy of the prior notice that was sent to the responsible party.

c. Delivery of Citation. The administrative citation shall be delivered personally or sent by certified mail to the person responsible for the violation.

d. Dismissal of Citation. At any time before the hearing, if the enforcement officer determines that there was no violation as charged in the administrative citation or that the citation should be dismissed in the interest of justice, the enforcement officer shall dismiss the administrative citation, cancel the hearing, and refund any administrative citation fine.

4. Amount of Fine.

a. Maximum Amount of Fine. The maximum amount of the fine imposed for each code violation under this subsection (F) is as follows:

i. One hundred dollars per day for a first violation;

ii. Two hundred dollars per day for a second violation of the same ordinance within one year; and

iii. Five hundred dollars per day for each additional violation of the same ordinance within one year.

b. Additional Amounts. Administrative costs, interest, late payment charges, costs of compliance reinspections, and collection costs are in addition to the fine. These include:

i. Administrative costs: based on time spent by code enforcement department staff, supervisors and the city attorney's office, at the full-cost hourly rate of each employee, including salary, benefits and overhead.

ii. Late payment charges: due at the rate of 10 percent per month.

iii. Compliance reinspections: based on staff time at the full-cost hourly rate.

iv. Collection costs: actual collection costs.

c. Discretion of Enforcement Officer or Hearing Office – Factors in Establishing Fine. In determining the amount of the fine and additional amounts, the enforcement officer or hearing officer has the discretion to set the fine lower than the maximum amount, or to reduce the additional costs, based on any or all of the following factors:

i. The duration of the violation;

ii. The frequency, recurrence and number of violations, related or unrelated, by the same violator;

iii. The seriousness of the violation;

iv. The good faith efforts of the violator to come into compliance;

v. The economic impact of the fine on the violator;

vi. The impact of the violation on the community; and

vii. Such other factors as justice requires.

5. Payment of the Fine.

a. Due Date. The fine shall be paid to the city within 30 days from the date of the administrative citation. The city may suspend the imposition of fines for any period of time during which the violator has filed for necessary permits, and such permits are required to achieve compliance, and the permit applications are actively pending before the appropriate governmental agency.

b. Refund. The city shall refund a fine paid if the hearing officer determines, after a hearing held under subsection (F)(8) of this section, that the person charged in the citation was not responsible for the violation or that there was no violation as charged.

c. Further Violations Not Excused. Payment of a fine under this section shall not excuse or discharge any continuation or repeated occurrence of the code violation.

6. Hearing Request.

a. Hearing Request. A person who receives an administrative citation may contest the citation on the basis that there was no violation of the code or that he or she is not the responsible party. To contest the citation, the person shall submit a request for hearing form to the city within 30 days from the date of the administrative citation. Directions on how to obtain the request form will be provided on the administrative citation. The completed request must be submitted together with an appeal fee of $250.00.

b. Notice of Hearing. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 days before the date of the hearing.

c. Additional Reports. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be provided to the person requesting the hearing at least five days before the date of the hearing.

7. Hearing Officer. Pursuant to RCMC § 16.18.204, a hearing officer will be assigned the responsibility of conducting a hearing by the city manager. The city manager shall be authorized to assign hearing responsibilities from time to time to any person or persons, qualified by training or experience, whom the city manager may appoint, employ or who are retained by contract to conduct such hearings.

8. Hearing Procedure.

a. Setting the Hearing. A hearing before the hearing officer shall be set for a date that is not less than 15 days nor more than 60 days from the date that the request for hearing is filed. The person requesting the hearing shall be notified of the time and place set for the hearing as soon as it is set, and at least 10 days before the hearing. If the enforcement officer submits a written report concerning the citation to the hearing officer for consideration at the hearing, then a copy of the report shall be served on the person requesting the hearing at least five days before the hearing. No hearing shall be held unless the fine has been deposited in advance, under subsection (F)(6)(a) of this section.

b. Failure to Appear. The failure of the person requesting the hearing to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust his or her administrative remedies.

c. At the Hearing. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. At the hearing, the party contesting the citation shall be given the opportunity to testify and to present evidence concerning the citation.

d. Continuances. The hearing officer may continue the hearing and may request additional information from the enforcement officer or the person receiving the citation before issuing the decision.

9. Hearing Officer's Decision.

a. Decision. After considering the testimony and evidence presented at the hearing, the hearing officer shall issue a written decision to uphold, dismiss or modify the administrative citation. The hearing officer shall state the reasons for the decision and shall send a copy of the decision to the person that requested the hearing and to the enforcement officer. The decision of the hearing officer is final, and may not be appealed.

b. Status of Fine. If the citation is upheld, then the fine amount on deposit with the city shall be retained by the city.

If the citation is dismissed, the city shall promptly refund the amount of any fine deposited, together with interest at the average rate earned on the city's portfolio for the period of time that the fine was held by the city.

10. Late Payment Charges. A person who fails to pay to the city the fine imposed under this section on or before the date that fine is due is also liable for the payment of the applicable late payment charges set forth in subsection (F)(4)(b) of this section.

11. Recovery of Administrative Citation Fines and Costs.

a. Costs of Securing Payment. A person who fails to pay any fine or other charges owed to the city under this section is liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including but not limited to administrative costs and attorneys' fees. Such collection costs are in addition to any fines, interest, and late charges.

b. Other Costs. In addition to the administrative citation fine, the city may collect its administrative costs, interest, late payment charges, costs of compliance reinspections, and collection costs.

c. Collection. The city may collect any past due administrative citation fine and other costs and charges by any available legal means, including without limitation, placing a lien on the property.

12. Right to Judicial Review. A person aggrieved by the hearing officer's decision on an administrative citation may obtain review of the decision by filing a lawsuit with the superior court in Sacramento County within 20 days after service of the final decision in accordance with the timelines and provisions set forth in Government Code Section 53069.4.

13. Notices.

a. Method of Service. The administrative citation and all notices required to be given by this section shall be served on the responsible party either by personal service, by first class mail, or by certified mail, return receipt requested.

b. Real Property. When real property is involved in the violation, the original notice, the administrative citation and all notices required to be given by this section shall be served on the responsible party and, if different, to the property owner at the address as shown on the last equalized county assessment roll. If personal service or service by mail on the property owner is unsuccessful, a copy of each notice and the citation shall be conspicuously posted at the property which is the subject of the violation. The city may, in its discretion, also serve notice on a tenant, a mortgagor or any other person having an interest in the property.

c. Failure to Receive Notice. The failure of a person to receive a required notice shall not affect the validity of any proceedings taken under this section.

G. Attorneys' Fees. Pursuant to Government Code Section 38773.5, attorneys' fees may be recovered by the prevailing party. However, in no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceedings.

H. In addition to the penalties provided for in this section, any condition caused or permitted to exist in violation of any of the provisions of any of the ordinances of the city is hereby declared to be a public nuisance and may, by the city, be abated as provided for in this code.

(Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 2; Ord. 54-2006 § 1; Ord. 60-2006 § 1; Ord. 43-2013 § 7; Ord. 12-2022 § 3 (Exh. A), 2022; Ord. 3-2023 § 3 (Exh. A))