Salinas Municipal Code Art. 5 Administrative Remedies

The purpose of this section is to provide alternative remedies to address acts or omissions set forth in this chapter. Violations may be corrected, abated or addressed in a number of ways. It is the intent of this subsection to provide the city with additional remedies to correct violations and, where necessary, to penalize violators for failure to comply with city codes and ordinances. The city council hereby finds and determines that enforcement of this Code and other ordinances adopted by the city are matters of local concern and serve important public purposes. Consistent with its powers as a charter city, the city adopts this administrative remedies provision in order to achieve the following goals:

(a) To protect the public health, safety and welfare of the city;

(b) To provide for an administrative process that has objective criteria for the imposition of penalties and provides for a fair process to appeal the imposition of administrative penalties;

(c) To provide a method to penalize responsible parties who fail or refuse to comply with provisions of this Code and other ordinances;

(d) To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system.

The city council establishes an administrative remedies procedure. All final administrative orders made pursuant to the procedures set forth in this subsection shall be subject to review only as provided in California Code of Civil Procedure Section 1094.6. Should any court of competent jurisdiction determine that the city must provide an appeal of any final administrative order in a manner other than set forth in Section 1094.6, then it is the intent of the city council that the administrative remedies process remain as provided herein and to provide that any appeal which is timely requested follow the procedures set forth in Government Code Section 53069.4.

(Ord. No. 2586(NCS), § 1, 2-7-2017)

In addition to criminal sanctions and other remedies set forth in this Code, the city may impose administrative penalties for any of the acts or omissions as referenced in this article and set forth in the schedule of penalties established by resolution of the city council. Administrative penalties shall be imposed, enforced collected and reviewed in compliance with the provisions of this article.

Nothing in this subsection shall prevent the city from using one or more other remedies to address violations. When the violation upon which the administrative penalty is based pertains to building, plumbing, electrical, structural or zoning provisions, the responsible party shall be provided with a reasonable period of time to correct the violation prior to imposition of the administrative penalty, except in those cases in which there is an immediate danger to health or safety.

(Ord. No. 2586(NCS), § 1, 2-7-2017)