San Rafael Municipal Code Ch. 2.50 Recovery of Costs

(1) Purpose and Intent. This section establishes procedures for the recovery of administrative costs including staff time expended in the enforcement of the provisions of the San Rafael Municipal Code in cases where no permit is required in order to cure a violation of building, zoning, setbacks, animals, health and sanitation, public works, tree planting and maintenance, watercourses, abandoned vehicles, signs, flood hazard, open space and use of premises violations. The intent of this section is to recoup administrative costs reasonably related to enforcement.

(2) Definitions. For the purpose of this section, the following words and phrases shall have the meanings ascribed to them herein.

Department: The department of public works of the city of San Rafael;

Director: The terms director of public works, director of code enforcement, city building inspector, chief building inspector, department of public works, department of building and safety and city are to be considered synonymous with the terms building official, building department and city respectively, as they appear in the uniform codes and this chapter. For the purposes of this chapter, "building official" shall mean "director of public works";

Owner: The record owner or any person having possession and control of the subject property;

Costs: Administrative costs, including staff time expended and reasonably related to enforcement, for items including site inspections, summaries, reports, telephone contacts and correspondence.

(3) Costs. The department of public works shall maintain records of all administrative costs, incurred by responsible city departments, associated with the processing of violations and enforcement of this code and shall recover such costs from the property owner as provided herein. Staff time shall be calculated at hourly rates as established and revised from time to time by the city council.

(4) Notice. Upon investigation and a determination that a violation of any provisions of this code is found to exist as described in Title 1, 4, 6, excepting Chapter 6.10, Chapter 8.12 of Title 8, 9, 10, 11, 12, 13, 14, 16, 17 and 18 of this code, the director, or any person within the department authorized by the director, shall notify the record owner, or any person having possession or control of the subject property, by mail of the existence of the violation, the department's intent to charge the property owner for all administrative costs associated with enforcement, and the owner's right to a hearing on the objections thereto.

The notice shall be in substantially the following form:

NOTICE

The Department of Public Works has determined that conditions exist at the property at ________ which violate section _______ of the Municipal Code, to wit:

(Description of Violation)

_____

_____

_____

_____

Notice is hereby given that at the conclusion of this case you will receive a summary of administrative costs associated with the processing of this violation, at hourly rates as established and adjusted from time to time by the City Council. The hourly rates presently in effect are ___________ per hour of general staff time.

You will have the right to object to these charges by filing a Request for Hearing with the Department of Public Works within ten (10) days of service of the summary of charges pursuant to section 6 hereof.

(5) At the conclusion of the case, the director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the subject property by certified mail. Said summary shall include a notice in substantially the following form:

NOTICE

If you object to these charges you must file a Request for Hearing on the enclosed form within ten (10) days of the date of this notice.

IF YOU FAIL TO TIMELY REQUEST A HEARING, YOUR RIGHT TO OBJECT WILL BE WAIVED AND YOU WILL BE LIABLE TO THE CITY FOR THESE CHARGES, TO BE RECOVERED IN A CIVIL ACTION IN THE NAME OF THE CITY, IN ANY COURT OF COMPETENT JURISDICTION WITHIN THE CITY.

DATED: ________

___________ DIRECTOR

(6) Request for Hearing. In the event that (a) no request for hearing is timely filed or, (b) after a hearing the director affirms the validity of the costs, the property owner or person in control and possession shall be liable to the city in the amount stated in the summary or any lesser amount as determined by the director. These costs shall be recoverable in a civil action in the name of the city, in any court of competent jurisdiction within the county of Marin.

Any property owner, or other person having possession and control thereof, who receives a summary of costs under this section shall have the right to a hearing before the director on his objections to the proposed costs in accordance with the procedures set forth herein.

(A) A request for hearing shall be filed with the department within ten (10) days of the service by mail of the department's summary of costs, on a form provided by the department.

(B) Within thirty (30) days of the filing of the request, and ten (10) days written notice to the owner, the director shall hold a hearing on the owner's objections, and determine the validity thereof.

(C) In determining the validity of the costs, the director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to, the following: whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation by the owner.

(D) The director's decision shall be appealable to the city council pursuant to Section 2.50.040.

(Ord. 1615 § 1 (part), 1992).

Any person who shall erect, construct, alter, enlarge, move or maintain any building or structure, or institute a use for which a permit is required by this title without first having obtained a permit therefore, shall, if subsequently granted a permit for that building, structure or use, or any related building, structure or use on the property, first pay such additional permit processing fees as established from time to time by the city council.

(Ord. 1615 § 1 (part), 1992).

A land use permit and/or a building permit shall be issued only if all the following determinations are made:

(1) That the proposed development is located on a legally created lot as determined by the city engineer and/or county surveyor.

(2) That the subject property is in compliance with all laws, rules and regulations pertaining to zoning uses, subdivisions, setbacks and any other applicable provisions of this article, and such zoning violation and/or code enforcement processing fees as established by resolution from time to time by the city council have been paid. This subsection shall not be interpreted to impose new requirements on legal nonconforming uses and structures.

(Ord. 1615 § 1 (part), 1992).

(1) Administration and Enforcement. The department of public works is responsible for administering and enforcing this title and providing an inspector to enforce this and other city and state building and safety laws. The code enforcement officer shall have the duty of educating the public in the use of codes, inspection, and enforcement and of each of the codes adopted by reference in the code above, the city zoning and enabling codes, including its amendments or revisions and all other state and city laws referring to building and materials and land use. He may obtain assistance from other city officials or employees when necessary to enforce these provisions, regulations or other city or state laws under his jurisdiction.

(2) Appeal. Any person may appeal a decision of the director of the department of public works to the city council by filing a written notice of appeal within thirty (30) days of the decision of the director.

(3) The city clerk shall notice a hearing before the city council within thirty (30) days of the appeal on ten (10) days written notice to the owner. The city council shall hold a hearing on the owner's objections and determine the validity thereof.

(4) Such appeal shall be heard by said city council which may affirm, amend or reverse the order or take other action deemed appropriate. The decision of the city council is final.

(Ord. 1615 § 1 (part), 1992).