San Rafael Municipal Code Ch. 1.46 Administrative Orders

This chapter provides for administrative remedies, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this code, including any codes adopted by reference, or other public nuisance.

(Ord. 1706 § 7 (part), 1997).

A. Whenever a code enforcement official determines that a violation of this code, including any codes adopted by reference, or any other public nuisance, is occurring or exists, the official may issue a written notice and order to the person or persons responsible for the code violation or other public nuisance.

B. A notice and order issued pursuant to this chapter shall contain the following information:

1. The date and location of the code violation or public nuisance;

2. A description of the violation or public nuisance, with reference to the applicable sections of this code, and the sections of any code adopted by reference;

3. The actions required to correct the violation or abate the public nuisance, and the date by which compliance shall be achieved;

4. A statement that if compliance is not achieved by the compliance date, that administrative civil penalties and administrative costs, as well as the costs of actual abatement by the city, may be imposed on the responsible person, and collected judicially, or by special assessment or tax collection, as provided in this chapter;

5. Either a copy of this chapter, or an explanation of the consequences of noncompliance with this chapter and a description of the hearing procedure and appeal process;

6. Such other information as may be required by any code adopted by reference, where applicable.

(Ord. 1706 § 7 (part), 1997).

A. The notice and order and any other notices required by this chapter shall be served as provided in Section 1.08.060 of this code, and the requirements of any codes adopted by reference, where applicable.

B. Where real property is involved, the notice and order and all other notices required by this code shall be mailed to the record owner of the property at the address as shown on the last equalized county assessment roll, and also shall be conspicuously posted at the property which is the subject of the notice and order.

C. The failure of any person to receive any notice required under this chapter shall not affect the validity of any proceedings taken under this chapter.

(Ord. 1706 § 7 (part), 1997).

If the code enforcement official determines that all violations have been corrected or the public nuisance eliminated within the time specified in the notice and order, no further action shall be taken.

(Ord. 1706 § 7 (part), 1997).

A. If the code enforcement official determines that full compliance has not been achieved by the compliance date specified in the notice and order, the official may schedule a hearing before an administrative hearing officer.

B. A written notice of hearing shall be served on the responsible person and, where real property is involved, on the record property owner, as provided in Section 1.46.040.

(Ord. 1706 § 7 (part), 1997).

A. Every notice of hearing on a notice and order shall contain the date, time, and place at which the hearing shall be conducted by the administrative hearing officer. The notice of hearing shall state that the purpose of the hearing will be determination on the existence of the code violations or other public nuisance described in the notice and order, on the compliance with the notice and order, and on the adoption of an administrative order, including imposition of civil penalties and administrative costs pursuant to this chapter. The notice and order shall be attached to the notice of hearing.

B. The hearing shall be set for a date not less than fifteen (15) days nor more than sixty (60) days from the date of service of the notice of hearing unless the code enforcement official determines that the matter is urgent or that good cause exists for an extension of time.

C. This hearing serves to provide the full opportunity of a person subject to a notice and order to object to the determination that a code violation has occurred and/or that the violation has continued to exist or that a public nuisance exists. If any person subject to a notice and order, pursuant to this chapter, fails to appear at this hearing, such non-appearance shall constitute a failure to exhaust administrative remedies.

(Ord. 1706 § 7 (part), 1997).

A. At the place and time set forth in the notice of hearing, the administrative hearing officer shall conduct a hearing concerning the code violation, and/or other public nuisance described in the notice and order issued pursuant to Section 1.46.030.

B. The administrative hearing officer shall consider any written or oral evidence, consistent with any rules and procedures adopted by the city manager, regarding the violation and/or public nuisance described in the notice and order, and compliance therewith, by the responsible person and/or by the record property owner.

C. Within a reasonable time, but not more than thirty (30) days following the conclusion of the hearing, the administrative hearing officer shall issue a written decision containing factual findings and determinations referenced by supporting evidence, regarding:

1. The existence of each code violation and/or public nuisance described in the notice and order;

2. The failure of the responsible person and/or record property owner to take corrective action within the time period required in the notice and order.

D. If the administrative hearing officer finds by a preponderance of the evidence that a code violation and/or a public nuisance has occurred, and that the code violation and/or other public nuisance was not corrected within the time period specified in the notice and order, the administrative hearing officer's decision shall include an administrative order as specified in Section 1.46.090.

E. The administrative hearing officer shall submit the decision to the city clerk, and serve a copy on the record property owner or other responsible party as provided in Code of Civil Procedure Section 1094.6(b).

F. The administrative hearing officer's decision shall include a notice to the record property owner or other responsible party that the decision (and administrative order if applicable) is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.

(Ord. 1706 § 7 (part), 1997).

If the administrative hearing officer determines that a code violation and/or other public nuisance occurred which was not corrected within the time period specified in the notice and order, the administrative hearing officer's decision shall include an administrative order which shall contain any or all of the following:

A. An order for the record property owner or other responsible person to correct or to abate the code violation and/or other public nuisance, including a compliance date for completion of same, if compliance has not been achieved by the date of the hearing;

B. An order authorizing the code enforcement official to correct or to abate the code violation or other public nuisance by use of city employees or a city contractor, and to enter upon the private property where such violation or other public nuisance exists, for purposes of correcting and abating same, if the record property owner or other responsible person fails to do so by the compliance date;

C. Administrative civil penalties as provided in Section 1.46.100;

D. Administrative costs as provided in Section 1.46.110.

(Ord. 1706 § 7 (part), 1997).

A. The administrative hearing officer may impose administrative civil penalties for the violation of any provision of this code, or the existence of a public nuisance, in an amount not to exceed a maximum of five hundred dollars ($500.00) per day for each ongoing code violation, or other public nuisance, except that the total administrative penalty shall not exceed one hundred thousand dollars ($100,000.00), exclusive of administrative costs, interest and restitution for compliance re-inspections, for any related series of violations or conditions constituting a public nuisance.

B. In determining the amount of the administrative penalty, the administrative hearing officer may take any or all of the following factors into consideration:

1. The duration of the code violation and/or the public nuisance;

2. The frequency, recurrence and number of code violations, and/or public nuisance conditions related or unrelated, by the same record property owner or other responsible person;

3. The seriousness of the violation;

4. The good faith efforts of the record property owner or other responsible person to come into compliance;

5. The economic impact of the penalty on the record property owner or other responsible person;

6. The impact of the code violation on the community and/or general public;

7. Such other factors as justice may require.

C. Administrative civil penalties imposed by the administrative hearing officer shall accrue from the date specified in the notice and order and shall cease to accrue on the date the violation and/or other public nuisance is corrected as determined by the code enforcement official or the administrative hearing officer.

D. The administrative hearing officer may suspend the imposition of applicable administrative civil penalties for any period of time during which:

1. The record property owner or other responsible person has filed for necessary permits;

2. Such permits are required to achieve compliance;

3. Such permit applications are actively pending before the city, state or other appropriate governmental agency.

E. Administrative civil penalties assessed by the administrative hearing officer shall be due by the date specified in the administrative order, which shall be no later than ninety (90) days from the date of such administrative order.

F. Administrative civil penalties assessed by the administrative hearing officer are a debt owed to the city and, in addition to all other means of enforcement, if the code violation and/or other public nuisance is located on real property, may be enforced by means of a lien against the real property on which the violation occurred.

G. If the code violation or other public nuisance is not corrected as specified in the administrative hearing officer's administrative order, administrative penalties shall continue to accrue on a daily basis until the violation and/or other public nuisance is corrected, subject to the maximum amount set forth in subsection A of this section.

(Ord. 1706 § 7 (part), 1997).

A. The administrative hearing officer shall assess administrative costs against the record property owner or other responsible person when such officer finds that a violation and/or public nuisance has occurred and that compliance has not been achieved by the compliance date specified in the notice and order.

B. The administrative costs may include any and all costs incurred by the city in connection with the matter before the administrative hearing officer including, but not limited to, the costs for the administrative hearing officer's services, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, costs for all re-inspections necessary to enforce the notice and order, and the costs of actual abatement if undertaken by the city.

C. Administrative costs assessed by the administrative hearing officer shall be due by the date specified in the administrative order, which shall be no later than ninety (90) days from the date of such administrative order.

(Ord. 1706 § 7 (part), 1997).

Following issuance of an administrative hearing officer's decision and administrative order, the code enforcement official may schedule a supplemental hearing before the same or another administrative hearing officer for the purpose of obtaining a supplemental decision and administrative order, which may include the confirmation or imposition of administrative civil penalties or administrative costs applicable to continuation of the code violation or public nuisance following the date of the original hearing with respect to a notice and order. The supplemental hearing date, notice of supplemental hearing, supplemental hearing procedures, and the contents, submission and service of the supplemental decision and administrative order shall be consistent with the provisions of Sections 1.46.040, 1.46.060, 1.46.070, 1.46.080, 1.46.090, 1.46.100 and 1.46.110.

(Ord. 1706 § 7 (part), 1997).

Failure to pay the assessed administrative civil penalties and administrative costs specified in the administrative order of the hearing officer may be enforced as:

1. A personal obligation of the violator; and/or

2. If the violation is in connection with real property, a code enforcement assessment lien upon the real property. The code enforcement assessment lien shall remain in effect until all of the administrative civil penalties, and administrative costs are paid in full.

(Ord. 1706 § 7 (part), 1997).

Any decision and administrative order or supplemental decision and administrative order of an administrative hearing officer shall be subject to judicial review in the Marin County courts by filing with the court a petition for writ of mandate pursuant to the provisions and time limits set in Section 1094.6 of the Code of Civil Procedure.

(Ord. 1706 § 7 (part), 1997).

The city may collect the assessed administrative civil penalties and administrative costs by use of all available means, including by civil action in which the city may recover its reasonable attorneys' fees as provided in Section 1.42.020(D), and by recordation of a code enforcement assessment lien and tax collection pursuant to Section 1.46.160.

(Ord. 1706 § 7 (part), 1997).

A. Whenever any administrative civil penalties and/or administrative costs imposed in an administrative hearing officer's decision and administrative order or supplemental decision and administrative order have not been paid in full when due, and a timely writ of mandate has not been filed or has been filed but not been successful, the amounts owing may constitute a code enforcement assessment lien and special assessment against the real property on which the code violation or other public nuisance occurred.

B. The city clerk may cause to be recorded in the county recorder's office a notice of code enforcement assessment lien against the subject real property. Such notice of code enforcement assessment lien shall specify the amount of the lien, the name of the city of San Rafael on whose behalf the lien is imposed, the street address, legal description, and assessor's parcel number of the property on which the lien is imposed, the name and address of the record property owner, and the date of the administrative hearing officer's decision and administrative order to which the lien relates. Upon recordation of such code enforcement assessment lien, it shall attach as a lien against such real property, and shall have the same effect and priority as recordation of an abstract of judgment.

C. In addition to the foregoing, the city clerk may file a certified copy of the notice of code enforcement assessment lien in the office of the county treasurer-tax collector, whereupon it shall be the duty of the county treasurer-tax collector to add the unpaid amount as a special assessment to the next regular tax bills levied against the property for municipal purposes. Thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

D. Upon receiving a report from the director of administrative services that payment in full has been received by the city of the amount specified in the notice of code enforcement assessment lien, the city clerk shall either record a notice of satisfaction of the code enforcement assessment lien with the county recorder, and file a certified copy of same with the county treasurer-tax collector, or provide the property owner or financial institution with a notice of satisfaction so that they may record it with the office of county recorder and file it with the county treasurer-tax collector. Recordation of such notice of satisfaction shall cancel the city's code enforcement lien and assessment against the property.

(Ord. 1706 § 7 (part), 1997).