Rancho Cordova Municipal Code Art. XVII Property Maintenance Code

This chapter shall be known as the property maintenance code, may be cited as such, and will be referred to herein as "this code" or "chapter."

(Ord. 9-2017 § 1)

A. The purpose of this chapter is to provide standards for the maintenance and appearance of privately owned properties and buildings, both residential and commercial, that are visible from public property, including public streets and/or public rights-of-way. The procedures and requirements of this chapter are enacted to:

1. Promote the community's health, safety, and welfare by providing clear standards for the maintenance of property and prevents the unsightliness of property within the city;

2. Ensure that all property within the city does not pose a health and safety hazard to pedestrian and vehicular traffic;

3. Ensure that all property within the city does not pose a health and safety hazard to the community at large by creating fire hazards, attracting vermin, and/or attracting criminal behavior such that the property is a nuisance to the community.

B. The provisions of this chapter are not intended to be exclusive and instead are intended to operate in conjunction with all other provisions of the Rancho Cordova Municipal Code, including, but not limited to, Chapters 15.12, 16.20, and 23.716 RCMC pertaining to standards for property maintenance and landscaping. This chapter shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore and hereafter enacted by the city, the state, and/or any other legal entity or agency having jurisdiction, and any remedies stated herein shall be in conjunction with any remedies available for any other violation of the municipal code. In the event of a conflict between this property maintenance code and any other section of the municipal code, the more specific provision shall apply.

(Ord. 9-2017 § 1)

A.

"Building"

means any house, garage, duplex, apartment, condominium, stock cooperative or other structure, whether partially or wholly constructed, whether intended for residential, recreational, retail, industrial, or commercial purposes, and whether intended for permanent or temporary use.

B.

"Cart"

means a basket that is mounted on wheels or a similar device that is provided by an owner of a commercial business to a customer for the purposes of transporting goods of any kind.

C.

"Dilapidation"

means the decay, decomposition or disrepair of a material or structure.

D.

"Director"

means the director of the neighborhood services division of the city of Rancho Cordova or his/her designee.

E.

"Dwelling"

means any building or structure, or part thereof, used and occupied for human habitation, or intended to be so used, and includes any garages or other accessory buildings belonging thereto, including those which are rented or leased for any term or duration, type or tenure.

F.

"Enforcement authority"

means the code enforcement officer or his/her designee.

G.

"Garbage"

includes, but is not limited to, the following: waste resulting from the handling of edible foodstuffs or resulting from decay, and solid or semisolid putrescible waste, and all other mixed, nonrecyclable wastes which are generated in the day-to-day operation of any business, residential, governmental, public or private activity, and may include tin cans, bottles and paper or plastic, or other synthetic material, food or beverage containers.

H.

"Graffiti"

means any inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on, or otherwise glued, posted, or affixed to or on any personal or real property unless the same was authorized in advance by the owner thereof.

I.

"Inoperable"

shall mean the condition of a vehicle which is physically incapable of working, functioning, or otherwise operating to produce its designed effect or vehicles that are Certified as Non-Operation, Planned Non-Operation Certified, or without current registration with the California Department of Motor Vehicles.

J.

"Property"

means any parcel of land located within the city.

K.

"Property owner"

means an owner of a fee title in real property.

L.

"Parties in interest"

means all persons, businesses, partnerships, and corporations who have a mortgage or other interest of public record in a dwelling or dwelling unit, or who are in possession thereof.

M.

"Public property"

means any public street, roadway, place, alley, sidewalk, park, parkway, square, plaza, easement, right-of-way, or any other interest in land dedicated to public use.

N.

"Refuse"

means useless or valueless waste and includes rubbish and garbage as defined herein.

O.

"Residential property"

means any parcel of land whose primary use is as a dwelling.

P.

"Rubbish"

includes all the following but is not restricted to: nonputrescible wastes, such as paper, cardboard, grass clippings, tree or shrub trimmings, wood, bedding, crockery, rubber tires, construction waste and similar waste materials.

Q.

"Vegetation"

includes any organism belonging to the vegetable kingdom including, but not limited to, flowers, plants, grass, shrubs, vines, weeds, herbs, trees, and bushes.

R.

"Weeds,"

as used in this article, includes any of the following:

Weeds which bear seeds of a downy or wingy nature;

Sagebrush, chaparral, and any other brush or weeds which attain such hardy growth as to become, when dry, a fire menace to adjacent improved property;

Weeds and grasses which are otherwise noxious;

Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;

Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.

(Ord. 9-2017 § 1; Ord. 11-2020 § 3 (Exh. A))

No property owner or party in interest shall create, cause, or permit any of the following conditions to exist on privately owned residential properties or buildings when such conditions are visible from public property:

A. The existence of property which lacks landscaping, turf, ground cover, live plant material, rocks, or other commonly used landscaping materials and which creates a condition of excessive dust, soil erosion; grass exceeding eight inches in height; or other weeds and conditions that affect the public health, safety, or general welfare and is detrimental to the aesthetics of the community. Landscape design and planting requirements and maintenance of residential landscaping shall conform to RCMC § 23.716.020, § 23.716.050, § 23.716.060 and § 23.716.100;

B. The discharge or deposit of any sewage, garbage, feculent matter, offal, refuse, filth, or any animal, mineral, vegetable, or hazardous matter into the following: American River or any of the feeders or tributaries of the river within the city of Rancho Cordova in violation of Chapter 6.16 RCMC; or any discharge of non-storm water substance or material into the county storm water conveyance system; or directly into the Sacramento River, American River, Cosumnes River, Mokelumne River, or navigable waters of the Sacramento – San Joaquin River Delta in violation of Chapter 15.12 RCMC;

C. The overgrowth of vegetation that is likely to harbor rodents, vermin, insects, or other nuisances; or which obstructs the view of drivers or bicyclists on streets, public rights-of-way, or private driveways; or which impedes, obstructs, or denies pedestrian or other lawful travel on sidewalks, walkways, or other public rights-of-way;

D. The dumping of weeds or refuse or the accumulation of weeds or refuse such that the weeds or refuse constitute a fire hazard. Weeds and refuse shall be abated in accordance with Chapter 17.12 RCMC;

E. The presence of dead, decayed, or diseased vegetation, including but not limited to: trees, weeds, bushes or shrubs that create an unsightly appearance or create a danger to the public health, safety, or general welfare. All tree preservation, maintenance, and removal shall be in accordance with Chapters 19.04, 19.08, 19.12 and 23.716 RCMC;

F. The accumulation or presence of packing boxes, cardboard boxes, lumber, rubbish, refuse, barrels, drums, salvage materials, broken or discarded furniture, household fixtures, equipment or furnishings, garbage receptacles, including unpermitted storage containers such as shipping containers, shopping carts, laundry carts, or other debris;

G. The creation of attractive nuisances that create a danger to children and other persons, including but not limited to: abandoned, broken, or neglected equipment, machinery, appliances, construction materials and/or equipment, hazardous pools, ponds, and excavations;

H. The storage of personal property, including, but not limited to: inoperable vehicles, boats, trailers, or vehicle parts which are abandoned, or left in a state of partial repair. Except as otherwise expressly provided by RCMC § 6.56.160 and § 6.56.360, abandoned, wrecked, dismantled, or inoperable vehicles, or any part thereof, either covered or uncovered, and situated upon any private or public property, including highways, within the city of Rancho Cordova are prohibited and shall be abated in accordance with Chapter 6.56 RCMC;

I. The presence of unpainted buildings and/or buildings having dry rot, warping, or termite infestation, which shall include, but is not limited to, any building on which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot or warping so as to render the building unsafe or unsightly, or in a state of disrepair;

J. The presence of buildings with windows containing broken glass or no glass at all, where the window is of a type which normally contains glass, and which constitutes a hazard and/or invites trespassers and malicious mischief;

K. The presence of building exteriors, walls, fences, driveways, sidewalks or walkways which are maintained in such a condition as to become dangerous, defective, dilapidated or unsightly;

L. The presence of conditions which are conducive to or allow the breeding of flies, mosquitoes, or other vermin, including rodents. Fly and rodent abatement shall be in accordance with Chapter 6.80 RCMC, and mosquito abatement shall be in accordance with Chapter 6.24 RCMC;

M. The storage of construction equipment, farm machinery, or machinery of any type or description parked or stored in such a manner that it is visible from public property, the street and/or the public right-of-way, unless such equipment or machinery falls within one of the following exceptions:

1. An active building permit or similar permit has been issued and covers the excavation, construction or demolition operations that are in progress; or

2. Active farming operations are underway in an area properly zoned for agricultural use; or

3. When such machinery is located within an area zoned agricultural or industrial and such equipment has been appropriately stored; or

4. Active landscaping improvements which require the use of equipment or machinery. This exception shall only apply to allow parking or storing of machinery or equipment visible from public property for a period not to exceed 48 hours;

N. The keeping, storing, depositing, or accumulating of dirt, sand, gravel, concrete, or other landscaping materials in a manner that creates conditions that affect the public health, safety, or general welfare;

O. The maintenance or keeping of any graffiti on any building or structure. Graffiti removal or abatement shall be in accordance with Chapter 6.120 RCMC. Graffiti shall be abated by repainting the entire surface area on which the graffiti exists and the property owner shall use paint that matches (to the greatest degree possible) the color of the original remaining portions of the structure being painted, or as otherwise approved by the city;

P. The maintenance or keeping of temporary electrical decorative lighting or electrical decorations that have not been approved by Underwriter's Laboratory for long term outdoor use beyond a 90-day period, or that are being maintained in a manner which creates conditions that affect the public health, safety or general welfare;

Q. The installment of a chain-link, barbed wire or electrified fence, razor, or concertina wire in conjunction with a fence or wall, unless approved pursuant to Chapter 23.125 RCMC for security needs or as required by city, state or federal regulation. Fences shall be constructed with redwood, cedar, pine, Douglas fir, vinyl, wrought iron, or any other fencing material approved by the planning director;

R. Parking of any vehicle not in conformance with RCMC § 23.719.130(C)(1);

S. The presence of any trash receptacles stored in the front yard and not screened from view or in the public right of-way outside of the 12 hours before or after the designated time for pick up. Screening of residential trash enclosures/recycle containers shall be in accordance with RCMC § 23.731.080(A)(6);

T. The presence of any dangerous, unsightly, or blighted condition which is detrimental to the health, safety or welfare of the public;

U. The maintenance or keeping of the premises in a neglected, run-down or improperly maintained condition, which creates or promotes a condition that is injurious to the health, safety, and/or general welfare of the public, and which constitutes visual blight or reduces the aesthetic appearance of the neighborhood, is offensive to the senses or is detrimental to nearby property or property values;

V. Any condition recognized in law or in equity as constituting a public nuisance;

W. The maintenance or keeping of driveway pavement that does not conform to RCMC § 23.716.060, or any other section of the zoning code;

X. The maintenance or keeping of any nonoperative locking mechanism or approved key pad that provides access to and from an apartment complex or multifamily dwelling unit;

Y. Boats, recreational vehicles, and trailers stored on residential property shall adhere to the following standards:

1. No storage of camper shells or cab-overs within the public view unless stored on an operable and registered vehicle.

2. Recreational vehicles and trailers shall be stored with canopies, awnings and sliders closed.

3. Shall be parked four feet from the back of curb.

(Ord. 9-2017 § 1; Ord. 5-2020 § 3 (Exh. A); Ord. 11-2020 § 3 (Exh. A))

No property owner or party in interest shall create, cause, or permit any of the following conditions to exist on privately owned commercial properties or buildings when such conditions are visible from public property:

A. The existence of property which lacks landscaping, turf, ground cover, live plant material, rocks, or other commonly used landscaping materials and which creates a condition of excessive dust, soil erosion; grass exceeding eight inches in height; weeds or other conditions that affect the public health, safety, or general welfare and is detrimental to the aesthetics of the community. Landscape design and planting requirements and maintenance of commercial landscaping shall conform to RCMC § 23.716.020, § 23.716.050, § 23.716.060 and § 23.716.100;

B. The discharge or deposit of any sewage, garbage, feculent matter, offal, refuse, filth, or any animal, mineral, vegetable, or hazardous matter into the following: American River or any of the feeders or tributaries of the river within the city of Rancho Cordova in violation of Chapter 6.16 RCMC; or any discharge of non-storm water substance or material into the county storm water conveyance system; or directly into the Sacramento River, American River, Cosumnes River, Mokelumne River, or navigable waters of the Sacramento – San Joaquin River Delta in violation of Chapter 15.12 RCMC;

C. The overgrowth of vegetation that is likely to harbor rodents, vermin, insects, or other nuisances; or which obstructs the view of drivers or bicyclists on streets, public rights-of-way, or private driveways; or which impedes, obstructs, or denies pedestrian or other lawful travel on sidewalks, walkways, or other public rights-of-way;

D. The dumping of weeds or refuse, or the accumulation of weeds or refuse such that the weeds or refuse constitute a fire hazard. Weeds and refuse shall be abated in accordance with Chapter 17.12 RCMC;

E. The presence of dead, decayed, or diseased vegetation, including but not limited to: trees, weeds, bushes or shrubs that create an unsightly appearance, or create a danger to the public health, safety, or general welfare. All tree preservation, maintenance, and removal shall be in accordance with Chapters 19.04, 19.08, 19.12 and 23.716 RCMC;

F. The accumulation or presence of packing boxes, cardboard boxes, lumber, rubbish, refuse, barrels, drums, salvage materials, broken or discarded furniture, household fixtures, equipment or furnishings, garbage receptacles, including unpermitted storage containers such as shipping containers, shopping carts, laundry carts, or other debris;

G. The creation of attractive nuisances that create a danger to children and other persons, including but not limited to: abandoned, broken, or neglected equipment, machinery, appliances, construction materials and/or equipment, hazardous pools, ponds and excavations;

H. The storage of personal property, including, but not limited to: inoperable vehicles, boats, trailers, or vehicle parts which are abandoned, or left in a state of partial repair. Except as otherwise expressly provided by RCMC § 6.56.160 and § 6.56.360, abandoned, wrecked, dismantled, or inoperable vehicles, or any part thereof, either covered or uncovered, and situated upon any private or public property, including highways, within the city of Rancho Cordova are prohibited and shall be abated in accordance with Chapter 6.56 RCMC;

I. The presence of unpainted buildings and/or buildings having dry rot, warping, or termite infestation, which shall include, but is not limited to, any building on which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot or warping so as to render the building unsafe or unsightly, or in a state of disrepair;

J. The presence of buildings with windows containing broken glass or no glass at all, where the window is of a type which normally contains glass, and which constitutes a hazard and/or invites trespassers and malicious mischief;

K. The presence of building exteriors, walls, fences, driveways, sidewalks or walkways which are maintained in such a condition as to become dangerous, defective, dilapidated or unsightly;

L. The presence of conditions which are conducive to or allow the breeding of flies, mosquitoes, or other vermin, including rodents. Fly and rodent abatement shall be in accordance with Chapter 6.80 RCMC, and mosquito abatement shall be in accordance with Chapter 6.24 RCMC;

M. The storage of construction equipment, farm machinery, or machinery of any type or description parked or stored in such a manner that it is visible from public property, the street and/or the public right-of-way, unless such equipment or machinery falls within one of the following exceptions:

1. An active building permit or similar permit has been issued and covers the excavation, construction or demolition operations that are in progress; or

2. Active farming operations are underway in an area properly zoned for agricultural use; or

3. When such machinery is located within an area zoned agricultural or industrial and such equipment has been appropriately stored; or

4. Active landscaping improvements which require the use of equipment or machinery. This exception shall only apply to allow parking or storing of machinery or equipment visible from public property for a period not to exceed 48 hours;

N. The keeping, storing, depositing, or accumulating of dirt, sand, gravel, concrete, or other landscaping materials in a manner that creates conditions that affect the public health, safety, or general welfare;

O. The maintenance or keeping of graffiti on any building or structure. Graffiti removal or abatement shall be in accordance with Chapter 6.120 RCMC. Graffiti shall be abated by repainting of the entire surface area on which the graffiti exists and the property owner shall use paint that matches (to the greatest degree possible) the color of the original remaining portions of the structure being painted, or as otherwise approved by the city;

P. The installment of a chain-link, barbed wire or electrified fence, razor, or concertina wire in conjunction with a fence or wall, unless approved pursuant to Chapter 23.125 RCMC for security needs or as required by city, state or federal regulation. Fences shall be constructed with redwood, cedar, pine, Douglas fir, vinyl, wrought iron, or any other fencing material approved by the planning director;

Q. The maintenance or keeping of vehicle parking areas with garbage and debris, and damage to asphalt, concrete surface, landscape areas, curbing. All parking standards shall be maintained in conformance with Chapter 23.719 RCMC;

R. The maintenance or keeping of trash receptacles and loading docks without screening from public view. Screening of commercial loading docks and refuse areas shall be in accordance with RCMC § 23.731.080(A)(5);

S. The maintenance or keeping of commercial trash receptacles without locks when those receptacles are not in use;

T. The presence of any dangerous, unsightly, or blighted condition which is detrimental to the health, safety or welfare of the public;

U. The maintenance or keeping of the premises in a neglected, run-down or improperly maintained condition, which creates or promotes a condition that is injurious to the health, safety, and/or general welfare of the public, and which constitutes visual blight or reduces the aesthetic appearance of the neighborhood, or anything that is offensive to the senses or is detrimental to nearby property or property values;

V. Any condition recognized in law or in equity as constituting a public nuisance;

W. The maintenance or keeping of any commercial signage in a neglected, run-down or improperly maintained condition;

X. The maintenance or keeping of any commercial business entrance, sidewalk, or commercial parking lot, which is open to use by the public, in a neglected, run-down, or improperly maintained condition or unreasonably unsanitary condition. A commercial business entrance, sidewalk and parking lot shall be periodically cleaned to remove hazardous waste, biohazardous waste and other contaminants. Parking stalls and loading zones and other areas of the surface of the parking lot shall be periodically painted with paint that meets or exceeds ASTM International standards. All design standards for surface parking lots, including the painting of stalls, shall conform to RCMC § 23.719.090;

Y. The maintenance or keeping of property or buildings in a manner that violates (1) conditions of approval that have been imposed on the property during the process of approval of the development, or (2) conditions imposed on a building permit, use permit, or other entitlement issued by the city or the business license or special license issued, or (3) if no conditions of approval or imposed conditions apply, in any manner that does not meet the landscaping and parking standards of Chapters 23.716 and 23.719 RCMC;

Z. The maintenance or keeping of shopping carts in a manner that is not in compliance with a commercial business's abandoned cart prevention plan pursuant to RCMC § 16.18.1505 and applicable state laws.

(Ord. 9-2017 § 1; Ord. 11-2020 § 3 (Exh. A))

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. 9-2017 § 1)

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

(Ord. 9-2017 § 1)

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. 9-2017 § 1)

Whenever the term "hearing examiner" is utilized in this chapter, it shall be deemed to refer to the city manager, or his or her designee, assigned the responsibility of conducting an administrative hearing for an appeal of a violation.

(Ord. 9-2017 § 1)

A. Notice to Appear/Citation. Law enforcement agencies and the enforcement officials 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 interested party for violation of this code.

B. Infractions. A property owner or any interested party occupying or leasing the property or premises of another 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 Section 36900 of the State of California Government Code, 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 Section 38773.7 of the Government Code, 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 up to three times the cost of the abatement. This section does not apply to conditions abated pursuant to Section 17980 of the Health and Safety Code.

F. Administrative Citations.

1. Applicability. This section 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 Sections 36901 and 53069.4 of the Government Code.

The procedures in this section 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/or 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 period of 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. 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 section is as follows:

i. One hundred dollars for a first violation;

ii. Two hundred dollars for a second violation of the same section of this article within one year; and

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

b. Additional Amounts. Administrative costs, interest, late payment charges, costs of compliance re-inspections, 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 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 Officer – 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, including but not limited to health and safety concerns.

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 advance deposit of the fine.

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 shall be final.

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 Section 53069.4 of the California Government Code.

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, first-class mail or by certified mail with return receipt requested upon the owner of record or his/her/their address as it appears on the latest equalized assessment roll of Sacramento County, or as known to the enforcement official; a copy of the notice may be served by U.S. Mail and/or by posting to the premises.

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 Section 38773.5 of the Government Code, 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. Nuisance. 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.

I. Recorded Notice of Noncompliance. If a violation of this chapter is not corrected pursuant to the notice of violation or citation within the time allotted or if the violation is upheld after an appeal pursuant to subsection (F) of this section, a notice of noncompliance may be recorded in the office of the county recorder. The notice of noncompliance shall describe the property and specify the ordinance sections(s) or permit terms or conditions violated. The director or his or her designee shall record a release of notice of noncompliance with the office of the county recorder only if and after the violations have been fully corrected and all the city's enforcement costs and fees outstanding have been paid to the satisfaction of the director, or his or her designee. The violator must pay a fee for recordation of the release of notice of noncompliance, which shall be set by resolution of the council.

(Ord. 9-2017 § 1)