San Clemente Municipal Code Ch. 9.20 Repeat Nuisance Service-Call Fee

A. .....The purpose of this section is to protect the public health, safety, general welfare, and quiet enjoyment of residential property by preventing and abating repeat service-response calls by the City to the same property or location for nuisance, which divert police and other public-safety services from other city residents. It is the intent of the City to impose and collect service-call fees from the owner or occupant, or both, of property to which peace officers or city officers or employees must repeatedly respond to address a nuisance. The repeat nuisance service-call fee imposed by this chapter is intended to cover the excess cost above the cost of providing normal law- or code-enforcement services and police protection citywide.

B. .....The City may enforce this chapter in addition to any other remedy that it has under the Code. Nothing in this chapter precludes concurrent or subsequent enforcement of any other provision of this Code, including, but not limited to those of Titles 3 (finance and revenue), 5 (business licenses and regulations), 8 (health and safety), and 9 (public peace, morals and welfare).

(Ord. No. 1617, § 8, 2-16-2016)

This section applies to all owners and occupants of private property that is the subject or location of the repeat nuisance service-call by the city. This section applies to any repeat nuisance service call made by an Officer, as that term is defined in Section 9.16.010(G).

(Ord. No. 1617, § 8, 2-16-2016)

A. ....."Nuisance service-call" means any visit by an Officer to private property that results in a written warning or citation to the property owner or occupant for a nuisance under the Code.

B. .....The written warnings or citations shall:

1. State the specific nuisance at the property and the date of occurrence;

2. State that, in addition to the city's right to seek other legal remedies or actions for abatement of the nuisance, the owner and occupant may be subject to a repeat nuisance service-call fee if a third nuisance service-call is made to the property within 365 days of the date of the notice; and

3. Be served personally on the owner and occupant at the time of the visit or, within five days of the visit, by U.S. mail to the address of the subject property and, if different, to the owner's address of record on the county property-tax rolls.

(Ord. No. 1617, § 8, 2-16-2016)

A. .....The City shall impose a repeat nuisance service-call fee on both the owner and the occupant of private property if the City has made two or more nuisance service-calls to the property during the preceding 365 days. This fee is in addition to any other fee lawfully imposed under this Code or state or federal law.

B. .....The amount of the repeat nuisance service-call fee shall be set forth by City Council resolution. All repeat nuisance service-call fees imposed and charged against the owner and occupant under this section are deemed delinquent 30 days after the City mails a billing statement to the address of the subject property and, if different, to the owner's address of record on the county property-tax rolls. Delinquent payments are subject to late penalty equal to 10 percent the amount due.

(Ord. No. 1617, § 8, 2-16-2016)

In the billing statement for an imposed repeat nuisance service-call fee, the City shall inform the owner and occupant of his or her right to a hearing on the alleged repeat nuisance service-calls. The owner or occupant may request a hearing by serving a written request for hearing on the City Clerk within seven calendar days after the statement was mailed. The hearing shall be conducted in accordance with Section 1.20.080 (Administrative hearing).

(Ord. No. 1617, § 8, 2-16-2016)

Nothing in this section shall be construed to limit the City's other available legal remedies for any violation of the law that may constitute a nuisance service-call.

(Ord. No. 1617, § 8, 2-16-2016)