Rocklin Municipal Code Ch. 1.08 Enforcement of the Rocklin Municipal Code and Other Applicable Laws

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Editor's note— Ord. No. 1090, § 4, adopted March 13, 2018, repealed Ch. 1.08 in its entirety and enacted new provisions to read as herein set out. Former Ch. 1.08, §§ 1.08.010, 1.08.020 pertained to general penalty, and derived from Ord. 431 § 5(A), (B), adopted in 1980; and Ord. 621 § 1, adopted in 1990.

The city of Rocklin hereby adopts the procedures and remedies set forth in this title for the enforcement of the Rocklin Municipal Code and Uniform Codes adopted by the city. The purpose of Chapters 1.08 through 1.18 is:

A. To provide standards for the enforcement of the Rocklin Municipal Code and other applicable laws;

B. To establish administrative sanctions for violations of the Rocklin Municipal Code and other applicable laws as an alternative to criminal or civil enforcement penalties;

C. To establish a hierarchy of administrative sanctions and a prescribed method for enforcement through administrative hearings consistent with constitutional protections;

D. To provide for administrative abatement to remedy code violations and to provide for the recovery of costs incurred in administrative abatement as allowed for by state law; and

E. To provide for judicial review of final administrative orders or decisions made pursuant to this title in accordance with the procedures set forth in Code of Civil Procedure sections 1094.5 and 1094.6.

Nothing in this chapter is intended to abridge or modify the authority of the city manager or other designated person to enforce the Rocklin Municipal Code through criminal or civil penalties where such remedies are designated by ordinance as appropriate.

(Ord. No. 1090, § 4, 3-13-2018)

For the purpose of this chapter, certain words and phrases used in this chapter are defined as follows:

A. "Administrative citation" means the notice issued by the enforcement authority of an alleged infringement of the Rocklin Municipal Code or other applicable laws.

B. "Administrative penalty" means the penalties set forth in this chapter for violation of the Rocklin Municipal Code or other applicable laws.

C. "Administrative sanctions" means the sanctions set forth in this chapter for violation of the Rocklin Municipal Code or other applicable laws.

D. "Administrative violation" means any infringement or alleged infringement of the Rocklin Municipal Code or other applicable laws for which enforcement is to be handled through the administrative procedures established in this title.

E. "Applicable laws" means any provisions of the Rocklin Municipal Code, any Uniform Code adopted by the city of Rocklin, design standards adopted by the city of Rocklin, conditions imposed on any entitlement or environmental document issued or approved by the city of Rocklin, and those state laws enforced by the city of Rocklin which also have been designated by ordinance for enforcement pursuant to the procedures established in this title.

F. "Citizen complaint" means a report of an alleged violation of the Rocklin Municipal Code or other applicable laws by any person or entity. "Citizen complaint" means and includes a complaint by a city official or city employee only to the extent such official or employee is able to demonstrate a direct effect on his/her person or property as a result of the alleged violation.

G. "Design standards" means written design standards, design guidelines or development standards that may be adopted by resolution or ordinance from time to time by the city council and/or planning commission, or that may be adopted as part of the conditions of approval on any project, that govern development of land within the city and that are on file with the city clerk.

H. "Enforcement authority" means the city manager or designated department head, building official, code enforcement officer, or public official charged with responsibility for enforcement under this title.

I. "Entitlement" means any project approval issued by the city council, the planning commission, or any other committee, commission, or department as allowed for under procedures established by the Rocklin Municipal Code.

J. "Mediation" means a meeting held between the enforcement authority and a responsible person under the supervision of an impartial third party to informally resolve issues relating to alleged violations of the Rocklin Municipal Code or other applicable laws.

K. "Notice of violation" means a notice issued by the enforcement authority for required action to achieve compliance with the Rocklin Municipal Code or other applicable laws.

L. "Reasonable time(s)" for purposes of right of entry for inspection under Section 1.14.027 means between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, inclusive, unless otherwise required by: (1) an emergency impacting the safety or preservation of life or property; or (2) the fact that the alleged violation of the Rocklin Municipal Code or other applicable laws only occurs at some other hour or on a weekend.

M. "Responsible person" means any person or entity charged with or found to have violated the Rocklin Municipal Code or other applicable laws. "Responsible person" includes the parents and/or legal guardian of any person under the age of eighteen who is charged with a violation of the Rocklin Municipal Code or other applicable laws.

N. "Stop order" means a written order issued by the enforcement authority or his/her designee that any and all work on a project, improvement or other development must cease on the terms and conditions set forth in the order.

O. "Uniform Codes" means those codes that have been adopted and amended from time to time by ordinance by the Rocklin city council, as set forth in Rocklin Municipal Code Section 15.04.010.

(Ord. No. 1090, § 4, 3-13-2018)

Any violation of any ordinance of the Rocklin Municipal Code, of any provision of any Uniform Codes adopted by the city, or of any design standards is declared to be a public nuisance, subject to redress as provided for in this title.

(Ord. No. 1090, § 4, 3-13-2018)

Any person violating any provision of this code resulting in the city filing an administrative, civil action, or special proceeding to obtain code compliance or remedy, such violation shall be liable for the costs of such matter, including, but not limited to, costs of investigation, abatement, court costs, and costs of monitoring compliance. In addition, in any administrative, civil, or special proceeding to abate an administrative violation, the city may, at the initiation of the proceeding, seek an award of attorney's fees. If the city seeks an award of attorney's fees, the award shall be made to the prevailing party. Provided, however, that no award may be made to a prevailing party that exceeds the amount of reasonable attorney's fees incurred by the city in the action or proceeding.

(Ord. No. 1090, § 4, 3-13-2018)

The city of Rocklin shall enforce the provisions of the Rocklin Municipal Code or other applicable laws through any of the following procedures:

A. Administrative action concerning an administrative violation as provided for in Chapter 1.14;

B. Criminal action prosecuted in the name of the people of the state of California when a criminal violation is expressly provided for by ordinance;

C. Civil action instituted by the city attorney in the name of the city of Rocklin; or

D. Abatement as authorized by Chapter 1.16.

(Ord. No. 1090, § 4, 3-13-2018)