Redding Municipal Code Ch. 1.14 Administrative Penalties and Abatement

The city council has determined that the enforcement of the Redding Municipal Code throughout the city is an important public service and is vital to the protection of the public's peace, health, safety and quality of life. The council has also determined that the imposition of an administrative penalty and abatement program is an appropriate method of enhancing and promoting the maintenance of real property, improving the livability, appearance, and the social and economic conditions of the community, and will ensure that the real properties do not reach such a state of deterioration or disrepair as to cause the depreciation of the value of the surrounding neighborhood or be materially detrimental to nearby properties and improvements. This chapter provides uniform procedures for issuing administrative penalties, ordering abatement proceedings, conducting administrative hearings, and is in addition to all other administrative, civil, or criminal remedies that may be pursued by the city to address any violation of the municipal code. Use of this chapter as a remedy shall be at the sole discretion of the city.

(Ord. 2356 § 2 (part), 2005)

As used in this chapter:

"Abate" means action to terminate, stop, cease, repair, rehabilitate, replace, demolish, correct, or otherwise remedy nuisance activity, condition, premises or conduct by such means and in such manner as to bring the activity, condition, premises, or conduct into compliance with the laws or regulations of the city of Redding and/or the state of California or in such manner as is necessary to promote the health, safety, or general welfare of the public.

"Abatement costs" mean the actual costs paid or incurred by the city in connection with the matter, including, but not limited to:

1. Costs of investigation;

2. Personnel costs;

3. City overhead incurred in the preparation for any hearing and appearing at the hearing itself;

4. Fees paid to a hearing officer;

5. Costs incurred for all inspections and reinspections necessary to enforce any order issued under this chapter;

6. Costs of preparation of notices, specifications, and contracts and inspecting the work performed under contract;

7. Costs of mailing and printing notices and documents;

8. The cost, including staffing costs, expended or incurred by the city in abating the conditions or violations pursuant to any order under this chapter;

9. The cost of repairing, securing, demolishing, or otherwise abating a building or structure;

10. The cost of title reports, placing or removing liens and closing the file, and any other related administrative costs; and

11. Administrative penalties and interest.

"Administrative abatement and penalties order" means a written order issued by the administrative hearings board or a hearing officer following an administrative hearing on the subject of a violation of a provision of the municipal code.

"Board" means the administrative hearings board of the city of Redding, as described in Chapter 2.57 of this code.

"City manager" means the city of Redding's city manager, or duly authorized designee of the city manager.

"Compliance order" means a written notice of violation of a provision of the Redding Municipal Code, which may include an order to carry out remedial actions to correct the violation or abate the condition that is the subject of the violation.

"Enforcement officer" means any city officer, employee, or agent of the city designated by the municipal code or the city manager to enforce particular provisions of the municipal code or any code adopted by the city, and includes the city's health officer, fire chief, building official, director of development services, enforcement officer, and their respective designees.

"Hearing officer" means an individual that meets or exceeds minimum qualification criteria established by the city manager for training and experience in the subject matters of this chapter. Hearing officers assigned to conduct hearings under this chapter shall be selected by the city manager in a manner that does not create a risk that the hearing officer will be rewarded with future remunerative employment for decisions favorable to the city.

"Owner" means the owner or owners of any premises or real property.

"Person" or "persons" means any individual, partnership, corporation, joint venture, receiver, limited liability company, trust, estate, cooperative, association, or any other entity.

"Responsible party" means any person in charge of the premises or location where the code violation exists as well as any person responsible for causing or maintaining the violation, and includes, but is not limited to, any of the following:

1. The person who owns the property where the violations exist;

2. The person in charge of the premises where the violation exists;

3. The person using the premises when the violation exists;

4. If any such person is a minor, the parent or guardians of such minor shall be the responsible party;

5. If the person is a corporation or limited liability company, any senior officer of that corporation or limited liability company shall be a responsible party;

6. If the person is a partnership, joint venture, cooperative, or association, any partner or member of the joint venture, cooperative, or association shall be a responsible party;

7. If the person is a trust, any trustee shall be a responsible party;

8. If the person is an estate, the administrator of the estate, or where there is no administrator, any heir of the deceased having a right to the property where the violations exist as a matter of intestate succession shall be a responsible party; or

9. If the person is a business entity, the manager or on-site supervisor where the violation exists shall be a responsible party.

(Ord. 2356 § 2 (part), 2005)

(Ord. No. 2539, § 1, 12-1-2015)

Every responsible party who owns, controls or is in possession of premises within the city is required to maintain such premises in a manner so as not to violate the provisions of the municipal code. Any responsible party who fails to do so shall be guilty of a misdemeanor for each day such violation continues.

(Ord. 2356 § 2 (part), 2005)

The administrative procedures provided in this chapter shall be cumulative and in addition to any other procedure or legal remedy provided for in the Redding Municipal Code or by state law for the abatement of nuisance related activities, premises, conditions or conduct. Nothing in this chapter shall be deemed to prevent the city from commencing alternative administrative, civil, or criminal proceedings to abate or penalize a nuisance under applicable civil, criminal, or municipal code provisions as an alternative to the proceedings set forth in this chapter.

(Ord. 2356 § 2 (part), 2005)

A. Any person violating any provision of the municipal code may be subject to the assessment of administrative civil penalties pursuant to the procedures provided in this chapter.

B. Administrative civil penalties may be directly assessed by means of an administrative abatement and penalties order issued under this chapter. Administrative civil penalties may be collected as special assessments, recorded as a lien upon and against real property, or recovered by legal action brought by the city.

C. Administrative civil penalties for violations of the municipal code shall be assessed at a daily rate determined by the administrative hearings board or a hearing officer pursuant to the criteria listed in Section 1.14.190 of this chapter. The maximum rate shall be one thousand dollars per violation. The maximum amount of administrative civil penalties shall not exceed one hundred thousand dollars per parcel or structure for any related series of violations.

D. For the purposes of this chapter, each and every day a violation of any provision of the municipal code exists constitutes a separate and distinct violation.

(Ord. 2356 § 2 (part), 2005)

(Ord. No. 2539, § 1, 12-1-2015)

A. All written notices required to be given under the provisions of this chapter shall be served in the following manner:

1. By personal delivery; or

2. By deposit in the United States Mail, in a sealed envelope postage prepaid, addressed to the person at his or her last-known business or residence address as it appears on the last equalized assessment roll, or to any other reliable address known by the enforcement officer. Service by mail shall be deemed completed on the date of mailing.

B. Where personal service or service by mail upon a person cannot be made despite a diligent effort, a copy of the notice shall be conspicuously posted at the property where the public nuisance is occurring.

C. Notwithstanding any provision in this section, service by regular mail may be made to any person at any address authorized or requested by such person.

D. The failure of any person to receive any notice required under this chapter and properly served, mailed, or posted under this chapter shall not affect the validity of any proceedings taken under this chapter.

(Ord. 2356 § 2 (part), 2005)

It is unlawful for any responsible party to maintain such property in any condition that violates the provisions of the Redding Municipal Code including, but not limited to, the conditions described in Chapter 1.15 of this code. Any condition meeting the description of an "immediately dangerous building," "immediately dangerous condition," "dangerous building," "substandard building," or "public nuisance" as these terms are defined in Section 1.15.020 of this code, is declared to be a public nuisance, and is subject to administrative enforcement under this chapter. Such procedures shall not be exclusive and shall not in any manner limit or restrict the city from imposing fines or penalties or abating public nuisances in any other manner provided by law.

(Ord. 2356 § 2 (part), 2005)

For the purposes of this chapter, any enforcement officer shall have the power to enter onto any public or private property within the city of Redding in order to determine the existence of a violation of any provision of the municipal code, and to make any inspection, examination, or survey as may be necessary to perform enforcement duties. Any enforcement officer shall also have the power to abate any building or premises whenever necessary to secure compliance with, or prevent violation of any provision of this chapter. All entries, inspections, examinations, surveys and abatements shall be done in a reasonable manner. If an owner, occupant, or agent refuses permission to enter, inspect or abate, the enforcement officer may seek an administrative inspection warrant pursuant to California Code of Civil Procedure Sections 1822.50 through 1822.59, as may be amended from time to time.

(Ord. 2356 § 2 (part), 2005)

A. Whenever an enforcement officer determines that any property is maintained in violation of the municipal code, he or she may serve on the responsible party a written compliance order. In addition to any information required for particular violations pursuant to Chapter 1.15, the compliance order shall contain:

1. The date and location of the violation;

2. The section of the code violated and a description of the violation;

3. The actions required to correct the violation(s);

4. The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved;

5. An explanation of the consequences of noncompliance with the compliance order and a description of the hearing procedure and appeal process.

B. Service of the compliance order shall be made as set forth in Section 1.14.060 of this chapter.

(Ord. 2356 § 2 (part), 2005)

A. Concurrent with service of the compliance order as provided for in Section 1.14.090 of this chapter, the enforcement officer may record a notice of pendency of action with the county recorder. The enforcement officer shall instruct the county recorder to record the notice and index it in the property index as well as in the name of each owner of record as shown in the last equalized assessment roll or the supplemental roll, whichever is more current, and/or as known to the enforcement officer. The notice shall be in a form approved by the City Attorney.

B. Service of the notice of pendency of action shall be made as set forth in Section 1.14.060 of this chapter.

C. Upon completion of service, the notice of pendency of action shall be recorded against the property where the violation(s) exist. Such recording shall be made by the Shasta County Recorder.

D. Any "owner," as defined by Redding Municipal Code Section 1.14.020, may contest the validity of the notice of pendency of Action by making application to the secretary of the administrative hearings board within thirty calendar days from the date the notice of pendency of action is served. The administrative hearing board, or hearing officer, shall hear any such application no later than thirty calendar days after a timely application is made.

(Ord. 2356 § 2 (part), 2005)

(Ord. No. 2633, § 4, 2-2-2021)

When all violations noted on a notice of pendency of action have been abated or when equity may otherwise require, the enforcement officer shall promptly record a release of the notice of pendency of action. The enforcement officer shall serve notice of the release of the notice of pendency of action pursuant to Section 1.14.060.

(Ord. 2356 § 2 (part), 2005)

(Ord. No. 2633, § 5, 2-2-2021)

A. The enforcement officer shall request that an administrative penalties and abatement hearing be set when the responsible party fails to comply with the terms of the compliance order or has failed to keep the property which is the subject of an administrative abatement and penalties order in compliance with said order.

B. The administrative penalties and abatement hearing shall be conducted by the administrative hearings board or a hearing officer.

C. The administrative hearings board or hearing officer has continuing jurisdiction over the subject matter of an administrative appeal hearing for the purposes of granting a continuance, ensuring compliance with a compliance order or order of the administrative hearings board, modifying a compliance order or order of the administrative hearings board, or where extraordinary circumstances exist, granting a new hearing.

D. The administrative penalties and abatement hearing shall provide a full opportunity for the responsible parties subject to a compliance order to object to the order's determination that a violation has occurred; that the violation has continued to exist or has recurred; that the person is responsible for creating, maintaining, or fostering the violation; or that the condition constituting the violation should be abated in accordance with the compliance order.

E. The failure of any person subject to a compliance order pursuant to this chapter to appear at the administrative penalties and abatement hearing shall constitute an admission of the facts in the compliance order and shall constitute a failure to exhaust administrative remedies.

(Ord. 2356 § 2 (part), 2005)

(Ord. No. 2539, § 1, 12-1-2015)

A. The enforcement officer shall set the date for the administrative penalties and abatement hearing, and for any other hearing held before the board under the provisions of this chapter. The hearing date shall be not less than ten calendar days nor more than sixty calendar days from the date of the notice of hearing, unless the person setting the hearing determines the matter is urgent or good cause exists for an extension of time.

B. The enforcement officer shall serve the notice of hearing upon the person whose property is the subject of the hearing. Service shall be made pursuant to Section 1.14.060 of this chapter at least nine calendar days prior to the date of the hearing. The notice of hearing shall contain the time, date, and place at which the hearing will be conducted.

C. The hearing shall be conducted in accordance with the board's rules governing the conduct of administrative hearings, as set forth in Section 2.57.090 of this code.

D. After considering all of the testimony and evidence submitted at a hearing, the board shall vote to take appropriate action. Such action shall be taken only upon a motion approved by at least three members of the board. After voting, the board's chairperson shall inform the parties of the board's decision, and appoint a member of the board to prepare a written order that meets the requirements of Section 1.14.170 of this chapter.

(Ord. 2356 § 2 (part), 2005)

(Ord. No. 2539, § 1, 12-1-2015)

A. The hearing officer shall set the date for the administrative penalties and abatement hearing, and for any other hearing required by this chapter. The hearing date shall be not less than fifteen calendar days nor more than sixty calendar days from the date of the notice of hearing, unless the hearing officer determines the matter is urgent or good cause exists for an extension of time.

B. The city manager or his or her designee shall serve the notice of hearing upon the person whose property is the subject of the hearing. Service shall be made pursuant to Section 1.14.060 of this chapter at least fourteen calendar days prior to the date of the hearing. The notice of hearing shall contain the time, date, and place at which the hearing will be conducted.

C. The hearing shall be conducted in accordance with the following rules:

1. Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. Irrelevant, immaterial, and unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of this state. Fundamental due process shall be observed and shall govern the proceedings.

2. The alleged violator has the right to represent himself or herself, or to be represented by anyone of his or her choice.

3. Any party to the hearing shall be given the opportunity to testify, cross-examine witnesses, and present evidence as to the existence of the cited violation or as to whether or not the cited person is the responsible party.

4. The hearing officer may inquire of any witness testifying at the hearing. The alleged violator or his or her representative, if any, and the officer presenting the city's case before the hearing officer, shall be permitted to inquire of any witness testifying at the hearing. All parties to the hearing shall be permitted to present brief opening and closing statements.

5. At the request of either party, for good cause shown, the hearing officer may continue any hearing and issue a subpoena in accordance with the provisions of the California Administrative Procedures Act to compel the production of documents or the attendance of a third party witnesses, if the compelling of such information is relevant, material and deemed necessary for the hearing officer to reach a decision. However, subpoenas shall not be requested for or issued as a means to compel testimony or the production of documents from the city or any of its employees or officers, or from the responsible party. It is unlawful for any person to refuse to obey a subpoena issued by a hearing officer, if such subpoena has been judicially validated by a court. Failure to obey a subpoena which has been judicially validated constitutes contempt and may be prosecuted as a misdemeanor.

6. The city bears the burden of proof at an administrative enforcement hearing to establish the existence of a violation of the municipal code.

7. The standard of proof to be used by the hearing officer in deciding the issues at an administrative hearing is by a preponderance of the evidence.

8. Continuances for good cause may be granted on the motion of any party or upon the hearing officer's own motion. The hearing officer may request additional information from any party prior to issuing a written decision.

9. All hearings shall be recorded onto audiotape or any other electronic format that ensures an accurate record of the meeting. The proceedings at the hearing may also be reported by a certified shorthand reporter if such reporter is provided by the responsible party at his or her own expense.

10. All hearings and proceedings shall be open to the public.

D. After considering all of the testimony and evidence submitted at a hearing, the hearing officer shall prepare a written order that meets the requirements of Section 1.14.170 of this chapter.

(Ord. 2356 § 2 (part), 2005)

(Ord. No. 2539, § 1, 12-1-2015)

A. The administrative hearings board or hearing officer, as applicable, shall hear and consider all relevant evidence, including, but not limited to, the testimony of the responsible party, city personnel, neighbors, witnesses, or other interested parties, and may consider staff reports or other written materials, on any of the following issues:

1. Whether the responsible party caused or maintained a violation of the municipal code as stated in the compliance order.

2. Whether the person or persons named in the compliance order are responsible parties.

3. Whether the method of abatement described in the compliance order is appropriate.

4. Whether the responsible party has complied with a previous order of the administrative hearings board or a hearing officer pursuant to this chapter.

5. The amount of abatement costs, including the amount of administrative penalties and interest to be assessed as part thereof.

B. The compliance order and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

(Ord. 2356 § 2 (part), 2005)

(Ord. No. 2539, § 1, 12-1-2015)

The administrative hearings board or the hearing officer, as applicable, may, with the owner(s) consent, inspect the building or premises involved in the hearing prior to, during, or after the hearing, provided that:

A. Notice of such inspection shall be given to the parties before the inspection is made;

B. The parties are given an opportunity to be present during the inspection;

C. The board or hearing officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn from the inspection; and

D. Each party then shall have a right to rebut or explain the matters so stated by board or the hearing officer either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

(Ord. 2356 § 2 (part), 2005)

A. At the conclusion of a hearing held pursuant to this chapter, the administrative hearings board or hearing officer, as applicable, shall prepare a written order. The order shall address each issue in dispute and contain findings of fact for each such issue. The findings shall be supported by evidence received at the hearing. Orders shall be issued as follows:

1. For an administrative penalties and abatement hearing, a written administrative abatement and penalties order as described in Section 1.14.180 of this chapter.

2. For a hearing conducted to determine compliance with an administrative abatement and penalties order, a determination regarding whether such compliance has been achieved and whether abatement costs shall be confirmed, rejected or modified.

3. For an abatement hearing, a determination regarding whether the abatement costs submitted by the enforcement officer shall be confirmed, rejected or modified, and/or whether an action to summarily abate was proper.

B. All orders issued in accordance with this section shall be served on the parties to the hearing within fifteen days of the hearing in accordance with Section 1.14.060 of this chapter.

C. Notwithstanding any contrary provision in this municipal code, decisions of the board and hearing officer are final decisions of the city which shall not be appealable to the city council.

D. Any person aggrieved by any order made pursuant to this section may seek review of the order by filing a petition with the Shasta County Superior Court pursuant the time lines and provisions of Government Code Section 53069.4 or Code of Civil Procedure Section 1094.5, as may be applicable.

(Ord. 2356 § 2 (part), 2005)

(Ord. No. 2539, § 1, 12-1-2015; Ord. No. 2633, § 6, 2-2-2021)

A. An administrative abatement and penalties order shall address each contested violation in the compliance order, and contain findings of fact for each such violation. The findings shall be supported by evidence received at the hearing.

B. An administrative abatement and penalties order shall affirm, reject, or modify the terms of the compliance order. The administrative abatement and penalties order may impose or order any or all of the following:

1. Administrative penalties;

2. An order to abate the nuisance within a specific time;

3. Administrative costs, including, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and the hearing itself, costs for all reinspections necessary to enforce the compliance order and prospective costs to serve, prepare and record a nuisance abatement lien or assessment lien;

4. Interest on the penalties and costs imposed at the legal rate from the date of the order.

C. The administrative abatement and penalties order shall also state that if the responsible party fails, refuses, or neglects to abate the condition constituting the violation within the time set forth therein, the city may abate the condition at the expense of the responsible party, and the expense thereof recovered by way of special assessment or lien on the property.

D. The administrative abatement and penalties order shall be served upon any responsible party and the enforcement officer pursuant to Section 1.14.060 of this chapter.

(Ord. 2356 § 2 (part), 2005)

(Ord. No. 2539, § 1, 12-1-2015)

A. In determining the amount of the administrative civil penalties to be assessed, the administrative hearings board or any hearing officer may consider some or all of the following factors:

1. The duration of the violation;

2. The frequency of recurrence of the violation;

3. The seriousness of the violation;

4. The history of the violation;

5. The responsible party's conduct;

6. The good faith effort by the responsible party to comply;

7. The economic impact of the penalty on the responsible party;

8. The impact of the violation upon the community;

9. Any other factors that justice may require.

B. Administrative penalties imposed shall accrue from and after the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the enforcement officer. It is the responsibility of the responsible party to immediately notify the enforcement officer when the responsible party has caused the violation to be corrected. Administrative penalties may be suspended for any period of time during which the violator has filed for necessary permits and such permit applications are actively pending before the city, state, or other appropriate agency.

C. The city manager may establish a penalty schedule for use as a guideline in determining the amount of administrative civil penalties.

(Ord. 2356 § 2 (part), 2005)

(Ord. No. 2539, § 1, 12-1-2015)

A. The public nuisance found to exist on the property shall be abated by having such property, building, or structures rehabilitated, repaired, or demolished within the time specified, and in the manner and means specifically set forth in any administrative abatement and penalties order issued by the administrative hearings board or a hearing officer.

B. Every person subject to an administrative abatement and penalties order shall comply with that order and shall keep the property which is the subject of the order free of any subsequent violation of the administrative abatement and penalties order. The responsible party shall also comply with all applicable laws, permits, or other approvals of the federal, state or local governments in any and all actions taken pursuant to or in order to comply with the order, including, without limitation, the payment of all applicable permit fees.

C. Any such person who fails to comply with an administrative abatement and penalties order is guilty of a misdemeanor.

(Ord. 2356 § 2 (part), 2005)

(Ord. No. 2539, § 1, 12-1-2015)

A. Whenever the required abatement is not commenced or completed within the time limits prescribed in a compliance order or administrative abatement and penalties order and a building is in such condition as to make it immediately dangerous to the life, limb, property, or safety of the public or its occupants, or if the city's building official determines that abatement of a building cannot be accomplished without making it immediately dangerous to life, limb, property, or safety of the public or its occupants, the building official shall order the building to be vacated pursuant to a notice to vacate.

B. Every notice to vacate ordered shall be served pursuant to Section 1.14.060 of this chapter, and shall also be posted at or upon each exit of the building or upon any individual unit to be vacated in substantially the following form:

DANGEROUS BUILDING

DO NOT ENTER

UNSAFE TO OCCUPY

You are hereby ordered and required to vacate this building/premises on or before ________.

It is a misdemeanor pursuant to Redding Municipal Code Sections 1.14.200 and 1.15.080 to occupy this building on or after or to remove or deface this notice.

Building Official

City of Redding

By ___________.

C. Whenever a notice to vacate is posted, the enforcement officer shall specify in the notice and order to vacate the conditions that necessitate an immediate notice to vacate.

D. No person shall remain in or enter any building, structure, or premises that have been so posted, except that entry may be made to abate the property or building under permit without the consent of the building official. No person shall remove or deface any such notice after it is posted until the required abatement has been completed, and a certificate of occupancy issued pursuant to the provisions of the Redding Municipal Code and the California Building Code, if necessary. Any person violating this subsection shall be guilty of a misdemeanor.

E. The building official may permit occupancy of the building or individual units if the owner corrects those problems which pose an immediate danger to life, limb, property, and safety of the public or occupants.

F. Whenever a notice to vacate has been posted and served in accordance with this subsection, the building official may order the immediate disconnection of any utility services determined to be hazardous by the building official. If the sewer service is ordered disconnected pursuant to this section, city water service to such building shall also be disconnected in order to prevent the accumulation of sewage on such premises. It is unlawful and a misdemeanor for any person to fail to disconnect utility services when ordered to do so pursuant to the provisions of this subsection.

G. Prior to issuing a notice to vacate, the building official shall obtain approval of the city attorney or his or her representative.

(Ord. 2356 § 2 (part), 2005)

It is unlawful and a misdemeanor for any person to obstruct, impede, or interfere with any officer, employee, contractor, or authorized representative of the city, or with any person who owns or holds legal interest in a property on which a condition exists that has been ordered abated and/or vacated under the provisions of this chapter when such persons are engaged in the work of abating and/or vacating such property or condition pursuant to the provisions of this chapter, or is performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter.

(Ord. 2356 § 2 (part), 2005)

If an enforcement officer determines that compliance with an administrative abatement and penalties order has been achieved, the enforcement officer shall notify the responsible party of said compliance and the date in which the property has been deemed to be in compliance.

(Ord. 2356 § 2 (part), 2005)

(Ord. No. 2539, § 1, 12-1-2015)

A. If an enforcement officer does not file a compliance report pursuant to Section 1.14.230 of this chapter, any person subject to an administrative abatement and penalties order who believes that compliance has been achieved may request a compliance hearing by filing a written request for a hearing with the city manager.

B. The compliance hearing shall be conducted by the administrative hearings board pursuant to Section 1.14.130 of this chapter, unless the city manager appoints a hearing officer to conduct the hearing pursuant to Section 1.14.170 of this chapter.

C. The administrative hearings board or hearing officer, as applicable, shall determine whether compliance with the administrative abatement and penalties order has been achieved and, if so, when achieved. The determination shall be issued and served in accordance with the provisions of Section 1.14.160 of this chapter.

(Ord. 2356 § 2 (part), 2005)

A. If an enforcement officer determines that compliance with an administrative abatement and penalties order has not been achieved and the time for compliance has lapsed, the nuisance conditions may be abated by city personnel or by a private contractor.

B. City personnel or a private contractor may enter upon private property in a reasonable manner as provided by law to abate the public nuisance as specified in the administrative abatement and penalties order.

C. When any abatement work is to be done pursuant to this section, the enforcement officer shall provide the final order or decision to the building official or city engineer (as appropriate) and the work shall be accomplished by city personnel or by private contract after obtaining any necessary permits and in accordance with approved plans and specifications.

D. If the responsible party abates the nuisance conditions before the city performs the actual abatement pursuant to the administrative abatement and penalties order, the city may still assess all abatement costs incurred by the city against the responsible party pursuant to the procedures set forth in this chapter.

E. The cost of such abatement work may be made a lien against the property involved and made a personal obligation of the property owner. All administrative and actual costs incurred by the city in abating the violations may be assessed and recovered against the responsible party pursuant to the provisions set forth in this chapter.

(Ord. 2356 § 2 (part), 2005)

A. In the event the city abates a building or property and the abatement consists in the removal of materials or demolition of a building or structure, the city may, at the city's sole discretion, sell the removed materials or materials contained in the demolished building or structure at public sale to the highest responsible bidder. The city shall notice the sale by publication at least five days prior to the date of the sale. The notice shall be published twice in a newspaper of general circulation in the city. The notice by publication may occur either before or after the removal of the materials or demolition of the building or structure.

B. Any moneys received from the sale of such removed materials or materials contained in the demolished building or structure shall be deducted from the expense of abatement.

(Ord. 2356 § 2 (part), 2005)

A. The enforcement officer shall keep an itemized account of all expenses incurred by the city in the abatement of a condition or nuisance under this chapter.

B. The enforcement officer shall keep an itemized account of all revenue received by the city for any sale of materials pursuant to Section 1.14.260 of this chapter.

C. Upon the completion of the work, the enforcement officer shall prepare a report, verified by the city official in charge of doing the work, specifying the following information:

1. The work done in abating the condition or public nuisance, if any;

2. The itemized and total cost of the abatement proceedings undertaken pursuant to this chapter;

3. The itemized and total revenue received from any sale of materials pursuant to Section 1.14.260 of this chapter;

4. The net expense of the abatement (gross expenses less the revenue from any sale of materials pursuant to Section 1.14.260);

5. A description of the real property upon which the building or condition is or was located;

6. The names and addresses of the persons entitled to notice pursuant to Section 1.14.060 of this chapter;

7. Notice of the time, date, and place when and where the administrative hearings board or hearing officer, as applicable, will hear and pass upon the report, together with any objections or protests which may be filed by any person interested in or affected by the proposed charge, and shall confirm, reject, or modify the report and determine whether the charge shall be made a personal obligation of the property owner(s) and charged as a lien or special assessment against the property involved;

8. A statement that an order issued by the administrative hearings board or a hearing officer is a final decision, and is subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5.

(Ord. 2356 § 2 (part), 2005)

A. The city manager or his or her designee shall schedule an abatement hearing unless waived in writing by all responsible parties. The abatement hearing shall be conducted by the administrative hearings board pursuant to Section 1.14.130 of this chapter, unless the city manager appoints a hearing officer to conduct the hearing pursuant to Section 1.14.140 of this chapter.

B. Service of the enforcement officer's report of abatement costs and the notice of the abatement hearing shall be made pursuant to 1.14.060 of this chapter. Service of the report and the notice shall be made at least ten calendar days prior to the date set for hearing. All costs associated with service of the report and notice shall be added to total costs to be reviewed by the administrative hearings board or hearing officer.

(Ord. 2356 § 2 (part), 2005)

A. Any person interested in or affected by the proposed charge of abatement costs may file written protests or objections with the enforcement officer at any time prior to the time set for the abatement hearing, or may make an oral objection at the hearing. Each written objection must contain a description of the property that is the subject of the protest and the grounds of such objection. The enforcement officer shall endorse on every such written objection the date it was received by him or her. The enforcement officer shall present such written objections to the administrative hearings board or hearing officer, as applicable, at the time set for the hearing, and no other written objections shall be considered.

B. No objection concerning actions of the enforcement officer, the administrative hearings board, or any hearing officer, in ordering the abatement of the condition or nuisance, shall be heard at this time.

C. Notwithstanding subsection B of this section, any person interested in or affected by summary abatement procedures performed in accordance with Section 1.15.080 of this code may make written and oral objections regarding whether the action to summarily abate was proper and whether any ongoing summary abatement procedures should continue.

(Ord. 2356 § 2 (part), 2005)

A. On the date and time set for the hearing, the administrative hearings board or hearing officer, as applicable, shall consider the abatement costs report of the enforcement officer together with any appropriately made objections, and shall confirm, reject, or modify the report by issuing a written abatement costs order.

B. Where the hearing concerns summary abatement procedures performed in accordance with Section 1.15.080 of this chapter, the administrative hearings board or hearing officer, as applicable, may determine whether or not the action to summarily abate was proper and whether any ongoing summary abatement procedures should continue, and may modify the abatement costs in any manner deemed appropriate.

C. Decisions made pursuant to this section shall be issued and served in accordance with the provisions of Section 1.14.170 of this chapter.

(Ord. 2356 § 2 (part), 2005)

A. Administrative penalties and abatement costs shall be a debt to the city and subject to all remedies for debt collection as allowed by law.

B. When a violation involves privately owned real property and the abatement costs and penalties are unpaid within the prescribed time set forth in the applicable order, the amount of such costs and penalties may be recorded as a lien upon and against the real property or collected as special assessments without further hearing, subject to the provisions of Section 1.14.320 or 1.14.330.

C. The city may recover its collection costs pursuant to Section 1.04.050 of this code.

D. In addition to any other means of enforcement, the city attorney is authorized to bring a civil action against the responsible party for collection of administrative penalties and abatement costs in any court of competent jurisdiction.

(Ord. 2356 § 2 (part), 2005)

A. The city may make any unpaid abatement costs or unpaid administrative penalties a lien against the real property that was the subject of proceedings, an administrative abatement and penalties order issued in accordance with Article IV of this chapter or an abatement costs order issued in accordance with Article V of this chapter.

B. Upon determination by the enforcement officer that the abatement costs and penalties contained in an administrative abatement and penalties order or an abatement costs order have not been satisfied in full within the time for payment set forth in the administrative penalties order or abatement costs order, the enforcement officer may prepare a nuisance abatement lien stating the name of the City of Redding as the agency on whose behalf the lien is imposed; the total amounts due and owing; the date of the administrative abatement and penalties order or the abatement costs order; the street address, legal description, and assessor's parcel number of the subject property; and the name and address of the recorded owner of the property. A copy of the administrative abatement and penalties order or the abatement costs order shall be attached to and made a part of the lien.

C. Prior to recording the nuisance abatement lien, the enforcement officer shall serve a copy of the lien on the property owner, along with notice to the property owner that a lien in the amounts stated in the nuisance abatement lien will be filed against the subject property in the office of the Shasta County assessor-recorder.

D. The nuisance abatement lien shall be served in the same manner as summons in a civil action in accordance with Code of Civil Procedure Section 415.10 et seq. If the owner of record, after diligent search cannot be found, the lien may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Shasta County.

E. Following proper notice to the owner of record as provided in subsection D of this section, the nuisance abatement lien shall be recorded with the Shasta County assessor-recorder. Once recorded, the nuisance abatement lien shall have the force and effect and priority of a judgment lien governed by the provisions of Sections 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

F. Interest at the legal rate per year shall accrue on the principal amount of the lien until satisfied pursuant to law.

G. A lien pursuant to this section may be foreclosed by an action brought by the city for a money judgment.

(Ord. 2356 § 2 (part), 2005)

(Ord. No. 2539, § 1, 12-1-2015)

A. As an alternative to the procedure authorized by Section 1.14.320 of this chapter, the city may make any unpaid abatement costs or penalties a special assessment against the real property that was the subject of an administrative abatement and penalties order issued in accordance with Article IV of this chapter or an abatement costs order issued in accordance with Article V of this chapter.

B. Upon determination by the enforcement officer that the abatement costs and penalties contained in an administrative abatement and penalties order or an abatement costs order have not been satisfied in full within the time for payment set forth in the administrative penalties order or abatement costs order, the enforcement officer may prepare a notice of assessment lien stating the name of the city of Redding as the agency on whose behalf the lien is imposed; the total amounts due and owing; the date of the administrative abatement and penalties order or the abatement costs order; the street address, legal description, and assessor's parcel number of the subject property; and the name and address of the recorded owner of the property. A copy of the administrative abatement and penalties order or the abatement costs order shall be attached to and made a part of the assessment lien.

C. Prior to recording the assessment lien, the enforcement officer shall serve a copy of the notice of assessment lien on the property owner. The assessment lien shall be served in the same manner as summons in a civil action in accordance with Code of Civil Procedure Section 415.10 et seq. If the owner of record, after diligent search cannot be found, the lien may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Shasta County. The tax collector's power of sale shall not be affected by the failure of the property owner to receive the notice.

D. Upon service of the notice of assessment lien on the property owner, the enforcement officer shall cause a certified copy of the notice to be recorded with the Shasta County assessor-recorder, which shall add the amount of the assessment to the next regular tax bill levied against the property in the same manner as ordinary municipal taxes. The assessment lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and paramount to all other liens except state, county, and municipal taxes with which it shall have parity. The assessment lien shall continue until the assessment and all interest due and payable thereon has been paid.

E. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the assessment shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

F. Interest shall accrue on the principal amount of the assessment until satisfied pursuant to law.

G. The city may, subject to the requirements applicable to the sale of property pursuant to Section 3691 of the Revenue and Taxation Code, conduct a sale of vacant residential developed property for which the payment of the assessment is delinquent.

(Ord. 2356 § 2 (part), 2005)

(Ord. No. 2539, § 1, 12-1-2015)

For any lien or special assessment imposed under this chapter, once payment in full has been received by the city, the city clerk shall either record a notice of satisfaction or provide the property owner or applicable financial institution with a notice of satisfaction so they may record such notice with the Shasta County assessor-recorder. The notice of satisfaction shall cancel the city's lien or special assessment.

(Ord. 2356 § 2 (part), 2005)