Rocklin Municipal Code Art. II Administrative Enforcement Procedures

The city manager shall have overall responsibility and authority to enforce the provisions of the Rocklin Municipal Code or other applicable laws. The city manager may delegate to appropriate subordinates the authority to enforce any of the provisions of the Rocklin Municipal Code.

(Ord. No. 1090, § 5, 3-13-2018)

The purpose of administrative enforcement is to obtain fair and uniform compliance with the provisions of the Rocklin Municipal Code and other applicable laws.

(Ord. No. 1090, § 5, 3-13-2018)

Whenever a violation is discovered which can be corrected and the responsible person has not been issued a notice of violation or administrative citation for the same violation within the past twelve months, the enforcement authority shall issue a notice of violation in order to notify the responsible person of the violation and to order that the violation be corrected within a reasonable time. Unless a different time period is specifically set forth in the Rocklin Municipal Code, a responsible person shall be given a reasonable time to correct any violation based upon the facts and circumstances. The notice of violation shall be in writing and shall set forth the facts that constitute the violation, the specific provisions of the law which have been violated, the specific acts required to correct the violation, the time allowed to correct the violation, and the rights to appeal the notice of violation. If the violation is related to a permit, license or other city approval of a project, the notice of violation may be accompanied by a stop order which orders the responsible person to immediately stop any and all work on the project that is subject to the permit, license or approval until the violation is corrected. The notice of violation shall be served in accordance with the provisions of Section 1.14.029.

(Ord. No. 1090, § 5, 3-13-2018)

An administrative citation may be issued under any of the following circumstances:

A. When the violation cannot be corrected;

B. When the violation can be corrected, a notice of violation has been served, and the specified time has passed without adequate correction of the violation;

C. When a stop order has been issued and has not been complied with by the responsible person;

D. When the same violation has been committed by the same responsible person within the past twelve months and a notice of violation or administrative citation has been served on the responsible person within that same twelve-month period.

The administrative citation shall be in writing and shall set forth the facts constituting the violation, the specific provisions of the law which have been violated, the proposed sanctions for the violation as specified in Section 1.14.025 of this chapter, and the rights that the responsible person has to appeal the administrative citation. The administrative citation shall be served as provided in Section 1.14.029.

(Ord. No. 1090, § 5, 3-13-2018)

A. Except as otherwise provided herein or as established by law, administrative citations, excluding accruing interest, shall not be assessed at more than one hundred thousand dollars cumulatively per calendar year for an individual parcel or separate structure thereon for any related series of violations. The citation amount for a single violation shall not exceed one hundred dollars for the first citation, two hundred fifty dollars for the second citation, and five hundred dollars for all subsequent citations for any related series of violations occurring within a twelve-month period. Each day a violation continues beyond the correction deadline specified in the administrative citation constitutes a separate and distinct violation.

B. The issuance of administrative citations shall cease when all violations are wholly and permanently corrected.

C. Administrative citations shall be issued in accordance with the following factors:

1. The duration and frequency of recurrence of the violation;

2. The detrimental effects of the violation on the occupants of the property and the surrounding neighborhood and the community at large;

3. The history of compliance efforts by the responsible person to correct the violation wholly and permanently;

4. The viability of the administrative citation to effect abatement of the violation wholly and permanently;

5. Other factors that serve justice.

D. Administrative penalties, as authorized under this section, shall be assessed in addition to any applicable charges, fees, abatement costs, and interest, as established in the master fee schedule of the city.

E. At the time of issuance of an administrative citation pursuant to Section 1.14.023, the enforcement authority shall evaluate in writing the criteria set forth in Section 1.14.026 to determine the appropriate sanction and shall provide written notice to the responsible person of the proposed sanction and the reasons therefor as required by Section 1.14.023.

F. Where multiple violations have occurred or are occurring, each violation of the Rocklin Municipal Code or other applicable laws shall be subject to a separate sanction.

G. The enforcement authority shall have no power or discretion to void any administrative citation until after a meeting with the enforcement authority's supervisor. If a citation is voided, the enforcement authority shall provide written justification for such action to the city manager.

(Ord. No. 1090, § 5, 3-13-2018)

Any one or more of the following sanctions shall be available to redress infringement of the Rocklin Municipal Code or applicable laws.

A. Revocation and/or suspension of licenses or permits, conditional use permits or other entitlements issued by the city of Rocklin;

B. The placement of requirements for corrective action on permits, licenses or entitlements issued by the city of Rocklin as a condition to avoid revocation of the permit, license or entitlement;

C. Monetary penalties as set forth in Section 1.14.024 of this chapter;

D. Costs as set forth in Section 1.08.035 of Chapter 1.08.

E. The issuance of a compliance order setting forth corrective action;

G. Requiring a responsible person to post a performance bond, irrevocable letter of credit or other adequate security to ensure compliance with the Rocklin Municipal Code or other applicable laws.

(Ord. No. 1090, § 5, 3-13-2018)

The following factors shall be considered in determining the appropriate sanctions for any administrative violation:

A. The knowledge or intent of the person/entity found to have violated the Rocklin Municipal Code or other applicable laws;

B. A final determination of prior violations of the Rocklin Municipal Code or other applicable laws within twelve months of the date of the violation. Violations of a similar nature shall be given additional weight in evaluating the appropriate sanctions as provided for in Section 1.14.024(C);

C. Efforts by the person/entity found to have violated the Rocklin Municipal Code or other applicable laws to take remedial action upon notice of a violation;

D. Any financial gain realized by a responsible person as a result of an administrative violation;

E. The extent to which the violation undermines the purpose of the ordinance violated;

F. The number of other violations existing at the time of the issuance of the administrative citation;

G. The costs incurred for remedial action taken by the enforcement authority;

H. The degree and permanence of harm to health, safety and/or the environment caused by the violation, including, but not limited to, any loss of life to person or animal;

I. The amount it would have cost the responsible person to comply with the law;

J. Where the violation consists of failure to obtain a permit or license, the financial cost to obtain a permit or license prior to engaging in the conduct that is the subject of the administrative violation. The amount of any sanction imposed for failure to obtain a license or permit shall be no less than one and one-half times the cost of obtaining such license or permit.

(Ord. No. 1090, § 5, 3-13-2018)

A. Whenever necessary to make an inspection to enforce the Rocklin Municipal Code or other applicable laws, or whenever there is reasonable cause to believe there exists a violation of the Rocklin Municipal Code or other applicable laws in any building or upon any premises within the jurisdiction of the city, any authorized official of the city may, upon presentation of proper credentials, enter such building or premises at all reasonable times (as that phrase is defined in Section 1.08.020(L) of this title) to inspect the same or to perform any duty imposed by the Rocklin Municipal Code or other applicable laws.

B. Except in emergency situations or when consent of the owner and/or occupant of the building or premises to be inspected has been obtained, the city official shall give the owner and/or occupant, if he/she can be located after reasonable effort, twenty-four-hours' written notice of the authorized official's intention to inspect through a notice of intention to inspect. The notice of intention to inspect shall state that the property owner and/or occupant has the right to refuse entry and, that in the event such entry is refused, inspection may be made only upon issuance of an administrative warrant or search warrant as allowed by law by a duly authorized judge.

C. The written notice of intention to inspect shall be served by certified mail, return receipt requested. Where the authorized official intends to inspect within the next twenty-four-hour period, the written notice shall be hand delivered. The notice of intention to inspect may be left with any person above the age of eighteen who identifies himself/herself as an occupant, tenant or owner of the premises. If no one is at the premises at the time of delivery, the notice of intention to inspect shall be posted in two conspicuous places on the premises.

D. Prior to entering the premises, the authorized official conducting the inspection shall ascertain from the owner and/or occupant whether the notice of intention to inspect has been received and shall obtain permission for entry. Unless an emergency situation exists, if the owner and/or occupant refuses entry after such a request has been made, or if no actual contact is made with the owner and/or occupant prior to the attempt to enter, the official must seek assistance from any court of competent jurisdiction in obtaining such entry.

(Ord. No. 1090, § 5, 3-13-2018)

Nothing in this chapter shall be interpreted to preclude an enforcement authority from informally encouraging citizens to comply with the Rocklin Municipal Code or other applicable laws. Informal oral or written requests to encourage compliance are encouraged as are attempts to informally negotiate or mediate issues relating to compliance.

(Ord. No. 1090, § 5, 3-13-2018)

Any notices required under this chapter except a notice of intention to inspect pursuant to Section 1.14.027 shall be served by personal delivery to the responsible person or by certified mail, return receipt requested, to the last known address of the responsible person. If the responsible person is not present for personal delivery, if certified mail is refused, or if the location of a responsible person cannot be determined after diligent efforts, notices may be posted in a conspicuous place on the affected property for a period of ten calendar days and by mailing first class to the last known address. If such mailing is not returned to the city within seven days, such notice will be deemed received. When there is no affected property, such alternative service shall be accomplished by publication of any notices in a newspaper of general circulation that is most likely to give actual notice to the responsible person two times in a ten-day period and by mailing first class to the last known address.

(Ord. No. 1090, § 5, 3-13-2018)

Whenever the responsible person is a person under the age of eighteen, the enforcement authority shall provide copies of all notices and orders specified in this title to the parent(s) and/or legal guardian. Any administrative sanctions levied under this chapter may be levied against the juvenile and the parent(s) and/or legal guardian of the juvenile. The parent(s) and/or legal guardian shall have the right to a hearing and judicial review as set forth in this chapter. In addition to any other defenses that may be raised to the administrative violation, the parent(s) or legal guardian may raise a defense that the parent(s) or legal guardian have exercised good faith efforts to control the behavior of the minor but have been unsuccessful in achieving such control.

(Ord. No. 1090, § 5, 3-13-2018)