Rohnert Park Municipal Code Ch. 1.23 Nuisance Defined

The purpose and intent of this chapter is to define public nuisances and the procedures the city of Rohnert Park may use to remedy the violations, including abatement. These procedures are vital for promoting the health, safety, economic, aesthetic and general welfare of the citizens of the city, and to protect neighborhoods against property-related nuisances, blight and deterioration by establishing requirements for all buildings, whether residential or nonresidential, or structures of whatever kind, and establishing requirements for the maintenance of all land, whether improved or vacant. The city of Rohnert Park has a history and reputation for well-kept properties. Property values and the general welfare of the community are founded, in part, upon the appearance and maintenance of private properties. Owners and occupants of some properties within the city permit conditions to exist which are below the minimum conditions required by this chapter and therefore injurious and detrimental to the public health, safety, and welfare of residents of the city and contribute substantially and increasingly to the deterioration of residential neighborhoods and commercial areas. Resolution and/or abatement of conditions that do not meet the standards required by the Rohnert Park Municipal Code (hereinafter, "code") will promote the health, safety, and welfare of the residents of the city because maximum use and enjoyment of property in close proximity to other property depends upon maintenance of both properties.

This chapter, as well as the three immediately following this one (Chapters 1.24, 1.25 and 1.26), shall apply to all buildings, structures and land within the city without regard to use, date of construction or alterations and are enforced uniformly.

Chapters 1.24 and 1.25 establish procedures for enforcement of the code and to seek corrective action for, and/or abate any and all other public nuisances, whether property related or not, which the city has declared to be injurious to the public health, comfort, convenience, safety, welfare, prosperity, peace and quiet of the city and its inhabitants. There are three general remedies used for enforcement of code violations:

A. Administrative citations, as described in Chapter 1.24, are utilized to impose fines on property owners or occupants to address violations of any section of this code.

B. Nuisance abatement, as described in Chapter 1.25, is utilized for ongoing and/or significant violations which require formal city intervention to abate the violations.

C. Summary abatement, as described in Section 1.25.160, is reserved for conditions or use of property that constitute an imminent or immediate danger to the health and safety of the public.

The foregoing remedies provided in this chapter shall be cumulative and not exclusive. The city is empowered to take all necessary actions to ensure the standards outlined in this code are met and maintained. This chapter, as well as Chapters 1.24, 1.25 and 1.26, grant the city broad authority to enforce compliance through any available legal remedy necessary to address violations of any section of the code and protect the public's health, safety and welfare.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. "Administrative hearing" means a formal proceeding before an administrative hearing officer or appeal board, where evidence and arguments are presented to resolve disputes regarding code violations or enforcement actions.

B. "Animal" means all nonhuman members of the animal kingdom, including domestic, wild, exotic and livestock species.

C. "Building" and "structure" means anything which is built or constructed, or which is used or intended for sheltering any use or occupancy, and includes, but is not limited to, any house, garage, carport, duplex, apartment, condominium, mobile home, storage shed, any commercial establishment, warehouse, fence, wall, or other object affixed to or upon real property, or any assemblage of materials on the property of another for the purpose of human habitation.

D. "Chronic nuisance" refers to any property on which multiple violations of the municipal code or other laws occur within one year, indicating a persistent pattern of disregard for public health, safety, and welfare.

E. "City" means the area within the territorial city limits of the city of Rohnert Park and all territory outside the city over which the city has jurisdiction by virtue of any constitutional or charter provisions, or any ordinance or law.

F. "City clerk" means the city clerk of the City of Rohnert Park or their designee.

G. "City council" means the city council as the legislative body of the city.

H. "City manager" means the city manager, the assistant city manager, or any person or persons designated by the city manager to act in their stead in connection with this chapter.

I. "Code compliance officer" is synonymous with "code enforcement officer" and means any person designated by California Penal Code Section 829.5, this code or by the city manager to enforce the provisions of this code. Such employees may be employed in any city department.

J. "Compliance period" period of time provided by the compliance officer to the responsible party to correct code violations.

K. "Debt" means money, property or other assets which are due or owing or alleged to be due or owing.

L. "Debtor" means any person owing debt.

M. "Decision maker" means the hearing officer or appeal board designated to preside over administrative hearings in accordance with Chapters 1.24 and 1.25.

N. "Driveway" as defined in this chapter is a paved surface that leads to a residential garage or carport.

O. "Durable surface" as defined in this chapter shall consist of concrete, asphalt, permanently fitted stone or masonry pavers, or other durable material as may be approved by the city.

P. "Summary abatement" refers to immediate actions taken by the city to correct or remove any condition that poses an imminent threat to public health or safety. The summary abatement process is described in Section 1.25.160.

Q. "Enforcement action" means either an administrative citation issued under Chapter 1.24 or a notice of violation and order to abate issued under Chapter 1.25, summary abatement under Chapter 1.25 or referral to the city attorney's office.

R. "Fee" means a charge for services provided or a benefit conferred.

S. "Fine" means a sum imposed as punishment for an offense.

T. "Habitability standards" refer to the minimum requirements for a property to be considered safe, livable, and in compliance with this code and other applicable codes including, but not limited to, California Health and Safety Code [Sections] 17920.3 and 17920.10, California Civil Code Sections 1941 and 1941.1, Cal. Code Regs. Tit. 22, § 81088(a—e), and the International Property Maintenance Code (IPMC) as adopted herein.

U. "Hazard" means any condition, circumstance, or substance that poses a present or potential risk to human health, safety, property, or the environment. This includes, but is not limited to, hazardous materials as defined in the California Health and Safety Code Section 25501(n), fire hazards as described in the California Fire Code (Title 24, Part 9), and natural hazards such as seismic and flood risks regulated under the California Building Code (Title 24, Part 2) and Government Code Sections 65302(g) and 8589.5 and other conditions determined by the compliance officer to pose a present or potential risk to human health, safety, property, or the environment, even if not explicitly listed herein.

V. "Immediate hazard or threat" means a condition or situation that poses an immediate danger to the environment or to human health, life, or safety, or the declaration of an intention or the ability to cause harm, danger or risk to the safety of persons or property. This includes, but is not limited to, any hazards or other substances that, due to its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health, safety, or the environment.

W. "Inoperative vehicle" means any vehicle that cannot operate safely or legally upon the street or highways of the state and includes any vehicle that does not have current valid registration. With respect to a motor vehicle, in addition to the foregoing, inoperative vehicle means a vehicle that is not then capable of self-propulsion.

X. "Motor vehicle" and "vehicle" shall have the same meanings as defined in California Vehicle Code Sections 415 and 670, as may be amended from time to time.

Y. "Owner" and "property owner" as used in Chapters 1.23, 1.24 and 1.25, and unless otherwise required by the context, shall mean the owner or owners of record of real property as shown on the latest equalized assessment roll of Sonoma County, or as otherwise known to the city manager or their designee by virtue of more recent and reliable information.

With regard to animals, an "owner" or "owner/guardian" means any person who keeps or has charge of or provides custody or care to an animal. This definition shall exclude veterinarians who are treating or caring for an animal in the regular practice of veterinary medicine as well as the owners or operators of an animal grooming business, kennel or pet shop while engaged in the regular practice of such business. Use of the term "owner/guardian" in place of "owner" shall not imply or bestow any change in legal status or ownership of animals by the use of such term.

Z. "Penalty" means the punishment imposed on a wrongdoer, usually in the form of imprisonment or a fine.

AA. "Person" means any natural person, firm, association, business or organization, corporation, partnership, trust, estate, or any other legal entity recognized by law as the subject of legal rights or duties.

BB. "Property" means any parcel of land which is identified in the secured roll of the Sonoma County assessor; all residential, commercial and other real property, including, but not limited to, front yards, side yards, backyards, driveways, walkways, alleys and sidewalks, and shall include any vehicle, object, vegetation, building or structure, whether fixed or moveable, located on such property.

CC. "Public nuisance" means any act, condition or activity declared to be a nuisance by the provisions of this code, or under California Civil Code Sections 3479 and 3480, or at common law or in equity jurisprudence that is injurious to health, indecent, offensive to the senses, or obstructs the free use of property, interferes with the comfortable enjoyment of life or property. In addition, a nuisance is hereby declared to include any violation of this code, and any condition of property that renders any property within the city of Rohnert Park harmful to property or persons who may occupy, go upon, or are proximal to such property.

DD. "Responsible party" means any owner, occupant, lessor, lessee, manager, employer, licensee, or other person or entity having control over a building or structure, parcel of land, or place of business. A responsible party may be a property owner, either individually or concurrently with additional responsible parties. If the responsible party is a minor, the parents(s) or guardian(s) shall be deemed the responsible party. "Responsible party" may also be referred to as offender.

EE. "Vehicle owner" shall have the same meaning as the legal owner and/or registered owner as those terms are defined in the California Vehicle Code Sections 370 and 505, as may be amended from time to time.

FF. "Violation" means a breach of any provision of this code by any property owner or any responsible party, or the creation or maintenance of any public nuisance by such owner or responsible party.

GG. "Visual blight" means any unreasonable or unlawful condition or use of premises or of a building exterior which by reason of its appearance from the public right-of-way or from neighboring premises, is detrimental to the surrounding area and the property of others, or is detrimental to the health, safety, and welfare of individuals residing within the community. This includes, but is not limited to, abandoned or partially destroyed buildings, unpainted structures, broken or missing doors and windows, accumulation of litter or debris, and overgrown vegetation. It also includes conditions contributing to the decay or decline of neighborhoods, such as unsafe buildings, unmaintained properties, and other factors as outlined in California Health and Safety Code Section 33031.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

It shall be unlawful and declared a public nuisance for any responsible party to maintain property in such a manner that allows any of the following conditions to exist thereon, which are deemed to be a public nuisance:

A. Any hazard, as defined in Title 24 of the California Code of Regulations, Title 15 of this code or Section 1.23.020;

B. Refuse and/or waste matter which by reason of its location and character creates such a condition of deterioration that it constitutes visual blight, reduces the aesthetic appearance of the neighborhood, is offensive to the senses, or detrimentally affects property in the surrounding neighborhood or community;

C. Polluted or stagnant water which, because of its nature or location, constitutes an unhealthy or unsafe condition;

D. Maintenance of property that is so out of harmony or conformity with the maintenance standards of adjacent properties, or in such condition of deterioration or disrepair that it causes visual blight, including, but not limited to:

1. Buildings or structures which are abandoned, partially destroyed, damaged, boarded up, dilapidated or left in a persistent state of partial construction. A "persistent state of partial construction" refers to any unfinished building where active construction is not occurring, or where the appearance or other conditions of such unfinished building or structure constitutes visual blight, or reduces the aesthetic appearance of the neighborhood, or is offensive to the senses, or is detrimental to nearby properties.

2. Any building(s), structure(s) or property that are damaged, hazardous, broken, warped, dry rotted, blighted, infested, unsightly, unmaintained, decayed, defective, deteriorated, unsafe, dilapidated, in a state of disrepair, unsanitary, unfit for human habitation, in a condition that is likely to cause sickness or disease or likely to cause injury to the health, safety or general welfare of those living, working, accessing or occupying within.

3. Any building or portion thereof which is unpainted, or where the condition of existing paint has become so deteriorated as to permit substantial decay, checking, cracking, peeling, chalking, dry rot, warping, or termite infestation.

4. Buildings with missing doors, or windows containing broken glass or no glass at all where the window is a type which normally contains glass. Plywood or other materials used to cover such window space or doors, if permitted under this code, shall be painted in a color or colors compatible with the remainder of the building.

5. Building exteriors, walls, fences, gates, driveways, sidewalks, walkways, or alleys which for at least twenty-four consecutive hours are maintained in such condition as to become so defective, unsightly, or in such a condition of deterioration or disrepair that the same constitutes visual blight or reduces the aesthetic appearance of the neighborhood, is offensive to the senses, or is detrimental to nearby properties.

6. The accumulation, for twenty-four consecutive hours or more, of dirt, litter, or debris in vestibules, doorways, or the adjoining sidewalks, passages, or breezeways of a building.

7. Any appliance, tool, equipment, furniture, furnishing, or other item of personal property not normally kept outside including, but not limited to, any couch, love seat, sofa, sofa bed, recliner, hassock, upholstered chair, mattress, bed springs, box springs, bed frame, headboard, desk, dresser, bureau, cabinet, television, radio, stereo, stove, refrigerator, freezer, dishwasher, washing machine, dryer, shopping cart(s), sink, toilet, or similar items, whether or not any such item is broken or abandoned, resting or being stored on the premises stored either (a) so as to be visible from a public street, alley, or from any adjoining property for at least twenty-four consecutive hours, or (b) so as otherwise to constitute a harborage for rodents or pests or a detriment to health, safety and welfare of nearby properties, the neighborhood or the city.

8. Attractive nuisances dangerous to children and other persons, including, but not limited to, broken or neglected household appliances, equipment, machinery or vehicles; unfenced, abandoned, uncovered, unprotected, or otherwise unmaintained wells, swimming pools, spas, ponds, excavations or other openings; and open and accessible structures, whether vacant, abandoned or not.

9. Construction or packing materials or supplies, including, but not limited to, lumber, drywall, roofing tile, cement, nails, pallets, plywood, scrap lumber, or other building materials, products, or supplies; electrical, irrigation, or plumbing supplies; provided, however, that a reasonable quantity of these materials and supplies is excluded from this definition during active construction authorized by a valid building permit upon the subject property. A project shall be deemed active if there is obvious change to the accumulation or to the project in any seven-day period.

10. Construction equipment or machinery of any type or description parked or stored on property for at least twenty-four consecutive hours where it is readily visible from a public street, alley, or adjoining property, except while active excavation, construction or demolition operations authorized by a valid building permit are in progress on the subject property or an adjoining property, or where the property is zoned for the storage of construction equipment or machinery.

11. An accumulation of aluminum cans, newspapers, plastic bottles, glass, cardboard or cardboard boxes, or an accumulation of other recyclable materials that has been stored in public view for at least twenty-four consecutive hours and is visible from a public street, alley or from any adjoining property.

12. Maintenance of land, the topography, geology or configuration of which, whether in a natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties.

13. Maintenance of any structures, bins or containers used for the collection of donated objects or items on any public or private property, unless completely enclosed within a permitted building or otherwise permitted and approved by the city's development services department.

14. Maintenance of any signage which lacks a required permit, or is prohibited pursuant to Section 17.27.060 of this code.

15. Storage of any abandoned, wrecked, dismantled, inoperative, salvaged or disabled vehicle, vessel, equipment trailer, house trailer, camper, camper shell, boat, boat trailer, airplane or other mobile equipment, or parts thereof, stored or parked in front yards, side yards, backyards, driveways, sidewalks or walkways for at least twenty-four consecutive hours and visible from a public street or any adjoining property.

16. Parking a vehicle in any required front yard or side yard setback upon any residential property, except upon a driveway, within an approved garage or carport, or upon another durable surface in conformity with applicable requirements in this code, including Section 17.16.080 of this code; parking a vehicle on any commercial property except on a paved surface, or upon an unimproved lot or parcel in any zone, or in violation of Chapter 17.16 of this code.

17. Firewood longer than thirty-six inches in length and greater than twenty-four inches in diameter; firewood shall only be maintained in stacks located within side or rear yard areas where such stacks maintain a minimum of eighteen inches clearance from the ground.

18. Trees, vegetation or landscaping allowed to remain upon the property for at least twenty-four consecutive hours that:

a. Is dead, decayed, diseased, dry, overgrown, uncultivated, hazardous;

b. Harbors or is likely to harbor such nuisances as trash or debris or infestations such as vermin, rats or insects;

c. Is in a condition that causes visual blight, or reflects a lack of being maintained in an ongoing manner;

d. Constitutes a fire or health hazard, or creates a threat to the public health or welfare;

e. Is maintained with less than eight feet of vertical clearance from sidewalks and fourteen feet of vertical clearance from streets, or obscures official street or traffic signage; or

f. Consists of thorn or spine-bearing vegetation immediately adjacent to sidewalks in residential areas.

19. Maintaining property in such a manner as to cause a hazard to the public by obscuring visibility of vehicular or pedestrian traffic at intersections, parkways, sidewalks and any other rights-of-way or blocks clear vision triangles required by Section 17.14.040 of this code.

20. The placement of clotheslines in front yards and the drying of laundry or washed articles on front porch stair railings, or the placement of washed articles on fences, hedges, or other supporting structures located in front yards for the purpose of drying them where the foregoing are visible from any public street, alley, or from any adjoining property.

21. Any wall, sign, fence, gate, hedge, or structure maintained in such a condition of deterioration or disrepair as to constitute a hazard to persons or property, constitute a visual blight, reduce the aesthetic appearance of the neighborhood, is offensive to the senses, or is detrimental to nearby properties.

22. Any property with pooled oil accumulation, oil flowing onto public rights-of-way or adjacent property, or excessive accumulations of grease or oil on paved surfaces, buildings, walls, or fences.

23. Any yard area, visible from a public street, alley or from any adjoining property, the non-maintenance of which causes excessive dust or discharge of material onto the public right-of-way or into the storm drain system; which contains the accumulation of debris, constitutes visual blight, reduces the aesthetic appearance of the neighborhood, is offensive to the senses, or is detrimental to nearby properties. This paragraph shall not be construed to require the use of water or the installation of drought-resistant vegetation to the tenant landscaping during any period in which a drought has been officially declared.

24. Any graffiti or markings, including paint, ink, chalk, dye, etchings, or similar marking substances, which remains on the exterior of any building or structure, wall, fence, pavement, window, vehicle, walkway or other object, the color of which significantly differs from the original surface, for at least twenty-four consecutive hours and is visible from a public street, alley or any adjoining property.

25. The keeping, storing, depositing or accumulation on the premises of dirt, sand, gravel, concrete, or other similar materials that constitutes visual blight, reduces the aesthetic appearance of the neighborhood, is offensive to the senses, or is detrimental to nearby properties, except when used for active excavation, construction or demolition projects for which a valid building permit, if so required, has been obtained.

26. The storage or placement of any garbage can or refuse container where such can or container is visible from a public right-of-way, other than between the hours of six p.m. of the day preceding collection day and six a.m. of the day following collection day. Where no complying storage location exists, garbage cans and refuse containers may be allowed to be placed in a manner that is removed from, yet remaining visible to, the public right-of-way.

27. Failure to maintain required trash enclosures pursuant to Section 17.12.130 of this code for multiple family, commercial and industrial uses.

28. Maintaining trash enclosures in a manner that is unsightly or causes hazardous conditions.

29. Buildings, uses or conditions that:

a. Violate any mandatory provisions of the building and construction code as adopted by the city in Title 15;

b. Violate the California Health and Safety Code, including, but not limited to, Section 17920.3;

c. Violate any mandatory provisions of the city's zoning code as contained in Title 17; or

d. Violate any other provision of local, state or federal law relating to health, safety or environmental protection.

30. Any obstructions, impediments, or excavations that interfere with the ordinary use by the public of any public street, way or sidewalk except when and as permitted pursuant to this code or state law.

31. Maintenance of any insects, including, but not limited to, bees, whether wild or domestic; hornets, or wasps on any property in such a manner as to pose a threat, disturbance, danger, or menace to any person or property of another.

32. Storage, keeping, operating or maintaining any equipment, machinery, vehicle, liquid or solid waste or any other device, which emits an objectionable odor or by reason of its dust, exhaust or fumes that creates a health or safety hazard to any person(s) or which causes discomfort or annoyance to reasonable persons of normal sensitivity, or otherwise violates Section 17.12.040 of this code.

33. Maintenance of any type of illumination which directly shines onto adjacent or proximal properties causing substantial diminution of the enjoyment or use of such adjacent or proximal property, or otherwise violates Section 17.12.050 of this code.

34. Violation of any provision of Chapter 6.04 of this code pertaining to animal regulations.

35. Violation of noise standards pursuant to Chapter 9.44 or Section 17.12.030 of this code.

36. Maintenance of any required off-street parking space in such condition as to preclude its intended purpose for the temporary parking of vehicles.

37. Maintaining any condition on the property in such a manner as to otherwise constitute a public nuisance not specifically listed herein for a period in excess of twenty-four hours.

E. Construction work or grading without obtaining required governmental approvals and permits, or construction work or grading that does not comply with conditions of approval in required approvals or permits, or construction work or grading that is outside of the scope of work authorized in such approvals or permits.

F. Each and every day or portion thereof that a violation of this code occurs or continues shall constitute a new, separate and distinct violation.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. Any compliance officer has the authority and powers necessary to gain compliance with the provisions of this code. These powers include the power to issue citations, inspect public and private property and use whatever judicial and administrative remedies are available under the code and applicable state law. Notwithstanding any other provision of this code, whenever a compliance officer charged with the enforcement of this code determines that a violation of any provision has occurred, the compliance officer shall have the authority to issue an administrative citation in accordance with Chapter 1.24 to any responsible party for the violation, subject to the limitations contained in this chapter.

B. Compliance officers are authorized to enter upon any property or premises within the city to ascertain whether the property or premises is in compliance with the code, and to make any inspection as may be necessary in the performance of their enforcement duties. These inspections may include the taking of photographs, samples or other physical evidence, and the making of video and/or audio recordings. Whenever it is necessary to make an inspection of any premises to enforce the provisions of this code, and to the extent authorized by law, a compliance officer may enter on such premises as necessary to inspect the same or to perform any duty imposed by this chapter, subject to the requirements of the Fourth Amendment of the United States Constitution and any other provisions of applicable law.

C. Whenever practicable, the compliance officer shall contact the occupant of the premises prior to entry and inform the occupant of the reasons for such entry onto the premises. If the occupant is other than the owner, the compliance officer shall also, when appropriate, contact such owner. If entry is obstructed by the owner or occupant, the compliance officer shall have recourse to every remedy provided by law to secure peaceable entry, including seeking an administrative inspection warrant pursuant to the procedures provided by California Code of Civil Procedure Sections 1822.50 through 1822.59, as may be amended from time to time, or the successor provisions thereto.

D. When a compliance officer or their designated representative has obtained an inspection warrant or other remedy provided by law to secure entry, no owner or occupant shall fail to promptly permit entry thereon by the compliance officer or their designated representative for the purposes permitted by this code.

E. The procedures established in this chapter and in other chapters of this code as means for addressing violations of this code shall be in addition to criminal, civil or other legal or equitable remedies established by law that may be pursued alternatively or concurrently to address violations of this code. The use of this chapter and other chapters of this code shall be at the sole discretion of the city.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. Where an enforcement action includes a violation which concerns or relates to the application of building standards published in the California Building Standards Code, housing standards under the state housing law, or any applicable rule or regulation adopted by the department of housing and community development pursuant to state housing law, including standards relating to the use, maintenance, and change of occupancy of buildings and structures and requirements governing alteration, additions, repair, demolition, and moving of such buildings and structures, a person requesting an administrative appeal hearing shall be entitled to have that violation considered before the building appeals board pursuant to Section 15.04.070.

B. All violations not subject to consideration by the building appeals board as set forth in subsection A and which are appealed, shall be considered by an administrative hearing officer designated by the city manager or the city manager's designee to preside over the administrative appeal hearing, which may include, but is not limited to, a person, firm, or corporation.

C. Independent Authority. The employment, performance evaluation, compensation and benefits of the administrative hearing officer shall not be directly or indirectly conditioned upon the amount of the administrative fines or penalties upheld, awarded, imposed, or assessed by the administrative hearing officer.

D. The city manager, or their designee, is authorized to develop and implement policies and procedures relating to the qualifications, appointment and compensation of administrative hearing officers; the powers of administrative hearing officers, and all other matters relating to conducting administrative appeal hearings as provided in this code.

E. Powers. The decision maker shall have the power to:

1. Conduct administrative appeal hearings as provided under the authority of this code;

2. Continue a hearing based on good cause shown by one of the parties to the hearing or upon their own independent determination that due process has not been adequately afforded to a responsible party;

3. Exercise continuing jurisdiction over the subject matter of an administrative enforcement hearing or administrative appeal hearing;

4. Rule upon the merits of an administrative appeal hearing upon consideration of the evidence submitted and issue administrative orders resolving the case;

5. Uphold, award, impose, assess, modify or deny a fine or penalty authorized under this code;

6. Assess administrative costs according to proof;

7. Set, increase, or decrease, according to proof, the amount of fine or penalty or the daily rate of such fine or penalty sought by the city to be awarded, imposed, or assessed in those cases where the fine or penalty is not fixed but is subject to a range as otherwise established by this code;

8. In those cases where the fine or penalty is not fixed but is subject to a range as otherwise established by this code, determine the date certain upon which the assessment of civil penalties shall begin; and, where the corrections are subsequently completed to the city's satisfaction, the date certain upon which the assessment of civil penalties shall end. If the violations have not been so corrected, the daily accrual of the penalties assessed shall continue until the violations are corrected or the legal maximum limit is reached; and

9. Where appropriate in administrative enforcement actions and as a condition of compliance in correcting the violation(s) at issue; require each responsible party to cease violating this code and to make all necessary corrections as specified by the city.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. General Service of Administrative Citations and Notices.

1. The administrative citation and all notices shall be served on the responsible party in accordance with this section.

2. Except as otherwise required by law, administrative citations and all written notices required to be given under the provisions of this chapter, Chapter 1.24 and Chapter 1.25 may be served by one of the following methods:

a. By personal delivery;

b. To the property owner, by mailing a copy of the notice by first class U.S. mail, postage prepaid, to their address shown on the last equalized assessment roll available on the date the notice is prepared, and to other responsible parties at their address as known to the city or at the property address. Service by mail shall be deemed to have been completed at the time of deposit in the United States mail; or

c. Posting of the notice at the address shown on the last equalized assessment roll available or another conspicuous place on or near the property.

B. Service of Notices when Responsible Party Cannot be Located.

1. If the compliance officer is unable to locate the responsible party for the violation at the property where the violation exists, then the notice shall be mailed to the responsible party in the manner described in this section and posted in a conspicuous place on or near the property.

2. Giving notice in the manner provided for in this section shall be conclusively deemed to be adequate notice, and the failure of any person to see, read, understand or otherwise receive any notice required under this chapter shall not affect the validity of any proceedings undertaken under this chapter.

C. Notice of Appeal Hearing.

1. If an appeal is filed with the city in a timely manner with the requisite fee being paid, a notice of an administrative appeal hearing shall contain, at a minimum, the following:

a. Date and time of hearing.

b. Location of hearing.

c. Name of the decision maker.

d. Nature of the hearing.

D. The notice shall be sent a minimum of ten days prior to the hearing to the appellant and any other responsible party.

E. The decision maker may for good cause shown continue an administrative appeal hearing to another date or time upon request of the compliance officer or the person who filed the appeal.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)