San Ramon Municipal Code Art. 2 Enforcement

For the purpose of this chapter, the following definitions apply. If a term is not defined herein, that term shall have the meaning stated in the adopted building or municipal code. City Manager means the City of San Ramon's City Manager, or his or her designee. Costs or expenses to abate the nuisance means the total cost incurred by the city in connection with a public nuisance including, but not limited to: any cost incurred in removing or remedying a public nuisance; the costs incurred in documenting the nuisance from the time of the initial complaint intake until the violation is corrected; the actual cost of abatement; all administrative and legal expenses, including direct and indirect personnel costs; actual expenses and costs to the city in the preparation and dissemination of notices, specifications and contracts, and in inspecting the work; the cost of printing, posting and mailing the required notices; the cost of imposing, recording and removing liens if a lien is imposed; and any cost incurred by the city in collecting such costs or expenses. Notice of violation is a notice detailing the public nuisance with an order to comply with a specific code, ordinance or regulation. Person as used in this section includes natural persons, corporations, firms or other associations of persons, whether the owner, lessee, sublessor, sublessee, property manager or occupant of any property whereon such a nuisance is being maintained, so long as that person is responsible for the creation, maintenance or continuation of such nuisance or is the person responsible for permitting or allowing such nuisance to be created, continued or maintained.

Every person who maintains or permits the maintenance of any nuisance declared in this chapter or by the city council is guilty of a misdemeanor or infraction. Each day such nuisance is maintained or permitted to continue shall constitute a separate violation. Each violation is punishable as set forth in Section 36900 of the California Government Code or by any other remedy provided by law, including administrative fines, under this code. (Ord. No. 466, § 4, 6-28-2016; Ord. No. 518, § 3, 03/14/2023)

Effective on: 4/13/2023

A. The city manager is authorized and directed to use the provisions of this Code for the purpose of abating those nuisances which exist as a result of the violation of those ordinances for which building and safety services has primary enforcement responsibility. B. To the extent not prohibited by law, the city manager may enter private property at reasonable times to make inspections required to carry out their duties described in this chapter. Areas that City of San Ramon, CA | Municipal Code 175

may be entered are front yard setback and areas visible from the street and accessible to the public. Other areas of the property may be accessed with permission of the owner, or his or her representative, or by the authority of a court ordered inspection warrant. (Ord. No. 450, § II, 5-13-2014)

A. Authorized. Administrative citations are available as a remedy, in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this chapter. Whenever it is determined that a violation of this chapter has occurred, an administrative fine may be imposed on any person responsible for the violation. If the violation pertains to a building, plumbing, electrical or other similar structural or zoning issue, that does not create an immediate danger to health or safety, the person responsible for the continuing violation shall be afforded a reasonable time not to exceed ninety days to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties. In determining what a reasonable time is, the city may consider the estimate of local professionals including licensed contractors. In the case of such violations, the time in which such violation must be corrected in order to avoid a fee shall be specified on the notice of violation. B. Form. The administrative fine will be issued in the form of an administrative citation. The citation shall contain the following information: 1. The date of the violation; 2. The address or description of the location where the violation occurred; 3. The section of the city's Municipal Code that was violated along with a description of the violation; 4. The amount of the fine; 5. An order prohibiting the continuation or repeated occurrence of the city Municipal Code violation described in the citation; and 6. An explanation of payment and hearing process. C. Amount of fine. The amount of the fine, as well as any late charges, shall be set forth in the city's fee resolution. D. Service of citation. The citation shall be served on the owner or the person(s) responsible for the violation in the following manner: 1. Delivered personally; 2. Sent by first-class mail addressed to the last known address; or 3. If the notice is returned showing the letter was not delivered, a copy thereof shall be posted in a conspicuous place on or about the structure affected by such notice. E. Payment. The fine must be paid within thirty days from the date the administrative citation is issued. Payment of a fine under this article shall not excuse or discharge any continuation or repeat occurrence of the Code violation that is the subject of the administrative citation. If the fine is not paid within thirty days, the city may use all available legal means to collect any past- due administrative citation fine or late payment. F. Hearing. Any person who receives an administrative citation may contest the fine(s) and may request a hearing pursuant to the procedures described in Section B6-146. (Ord. No. 450, § II, 5-13-2014)

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A. The procedure set forth in this chapter for the abatement of a nuisance concerning a building, structure or property and the allocation of the cost of the abatement as a special assessment or lien against those parcels in violation are adopted into the City of San Ramon Municipal Code under these authorities: Government Code Sections 38771 through 38773.7 and 54988, Civil Code Section 3494, Health and Safety Code Sections 17980 through 17980.8, California Code of Regulations Titles 24 and 25 and the Ordinances adopted under the San Ramon Municipal Code. The decision of the city manager to commence proceedings or not to commence proceedings shall be final and, notwithstanding any other provision of this code to the contrary, shall not be subject to appeal. B. The procedure set forth in this Chapter is not exclusive and is in addition to the procedures established by any other lawful authority. C. Under California Code of Regulations, Title 25, Section 52, the City Council hereby determines that procedures set forth in this chapter are equivalent to those in California Code of Regulations, Title 25. D. Under the adopted municipal codes, the city manager is authorized and directed to enforce those codes, and is authorized to enforce and to carry out the nuisance abatement provisions of this title; provided that whenever a violation involves an unsafe, substandard and dangerous building, the technical determinations shall be made by the city's building official. The health officer and fire marshal are hereby authorized to make such determinations and take such actions within their areas of responsibility and may be required to enforce the provisions of this chapter. (Ord. No. 450, § II, 5-13-2014)

A. Whenever the city manager determines that property within the city is being maintained as a nuisance, notice shall be given to the owner by serving a notice of violation. For good cause shown, the city manager may extend the time within which to complete the repairs, corrections, rehabilitation, demolition or removal not to exceed one hundred and twenty days. B. The notice of violation shall contain: 1. The street address and such other legal description as are required to identify the property. 2. A description of the conditions which constitute a nuisance and which render the building, structure or property in violation and the code sections being violated. 3. A statement directing the owner to correct or abate the nuisance, either by repair, rehabilitation, demolition or removal after first obtaining a building and/or demolition permit if required. The statement shall establish the length of time permitted for voluntary correction or abatement of the nuisance. The time shall be for at least thirty days and not more than ninety days from the posting date of the notice unless it is determined that immediate action is necessary due to emergency circumstances as described in Section B6- 166. 4. A statement advising that the owner (including any person having a beneficial or legal interest) may, within ten days of the service of the notice of violation, file a written request for an administrative hearing to show cause why the condition should not be abated (unless the city manager determines that immediate emergency action is necessary). The notice shall also state that the failure to seek a hearing as provided shall constitute a waiver of all rights to an administrative hearing or an appeal and determination of the matter, and will waive all rights to maintain an action to set aside or modify the notice of violation and abatement action. The recipient may request a continuance of the hearing pursuant to Section B6-148.

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5. A statement that if the owner does not voluntarily abate the nuisance or request a hearing within the specified time period, or within an extension of time as may be granted for good cause shown, the city may begin charging fees for costs associated with abatement activities or may enter the property and abate the nuisance after obtaining a court ordered abatement warrant. 6. If necessary, a statement that the building or structure to be vacated by a certain date and not reoccupied until the required repairs and improvements are completed, inspected and approved by the city manager. 7. A statement that if the property is encumbered by a mortgage or deed of trust record, and the owner has not complied with the notice of violation within the time specified on the notice, the mortgagee or beneficiary may, within the same period, comply with the notice. 8. A statement that if the building is substandard housing, the owner who derives income from substandard housing is not allowed deductions for interest, taxes, depreciation or amortization paid or incurred in the taxable year with respect to the substandard housing, under the California Revenue and Taxation Code Sections 17274 and 24436.5. 9. A statement that if the building includes tenants, the lessor cannot retaliate against a lessee, under Civil Code Section 1942.5.

C. Manner of giving notice. The notice of violation shall be given to the owner(s) in person or by first class mail, postage prepaid to the owners address as it appears on the last equalization assessment roll or as known to the city. Notice is deemed complete at the time the notice is personally delivered or deposited in the mail. At least one copy of the notice shall be posted in a conspicuous place on the property. If the property has one or more tenants the notice shall also be mailed to each of the affected tenants or posted in a prominent place on each affected tenant space. The person who posts or mails the notice shall complete a proof of service declaration made under penalty of perjury. The proof of service shall be kept in the city's case file. Failure of a person to receive notice shall not affect the validity of proceedings under this chapter. (Ord. No. 450, § II, 5-13-2014)

A. The person responsible for the property may contest that there was a violation, the fine(s) or the cost or expense of abatement pursuant to this Chapter, or that he or she is the responsible person, and may request a hearing as follows: 1. A request for hearing form shall be obtained from building and safety services. The request for an administrative hearing shall be filed along with payment of the administrative hearing fee as specified in the city's fee resolution with the city clerk within ten days from the date that the notice was mailed. 2. If a timely request for a hearing is received, the city clerk shall set the date, time and place for the hearing. The hearing shall be set for a date not less than fifteen or more than sixty days after the city clerk receives the request. 3. The person responsible for the property shall be notified by first class mail and certified mail, return receipt requested, of the time and place for the hearing at least ten days prior to the date of the hearing. The notice shall be sent to the address provided on the request for hearing form. Service shall become effective on the date of the first class mailing. Failure of the property owner or person requesting the hearing to receive such notice shall not affect the validity of any proceedings taken. 4. The person responsible for the property, or the city manager, may request one continuance, but in no event may the hearing be continued more than thirty days after the date of the City of San Ramon, CA | Municipal Code 178

originally scheduled hearing unless the independent hearing officer finds that the circumstances warrant a longer continuance not to exceed sixty days after the date of the originally scheduled hearing. 5. The failure of any responsible person to file a request for hearing in accordance with the provisions of this section shall be deemed to be a waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies. B. Hearing procedures: 1. Administrative hearings are informal and formal rules of evidence and discovery do not apply. 2. The hearing officer shall administer the oath or affirmation. 3. The city and the property owner shall be given the opportunity to testify and present evidence. 4. Any report submitted by the city shall constitute evidence of the respective facts contained in those documents. 5. The hearing officer may continue the hearing and request additional information from the city and/or the property owner or conduct an inspection of the building and/or property involved in the hearing prior to concluding the hearing and issuing a written decision. 6. The hearing officer may inspect the building and/or property involved in the hearing prior to, during or after the hearing pursuant to Section B6-150. 7. The failure of the property owner to appear at the administrative hearing shall be deemed to be waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies. (Ord. No. 450, § II, 5-13-2014)

A. The proceedings at the hearings shall be recorded. If requested by any party thereto, a stenographic report shall report the hearing, with the costs thereof to be borne by the person making such request. The city manager shall require a deposit from the person making the request to assure payment of such costs. B. Preparation of a record of the proceedings shall be governed by the California Code of Civil Procedure Section 1094.6. (Ord. No. 450, § II, 5-13-2014)

The hearing officer may, upon request of the owner or upon the request of the city, grant continuances from time to time for good cause shown or upon his or her own motion. (Ord. No. 450, § II, 5-13-2014)

A. A party may choose to represent him or herself, or may choose to be represented by another and will bear all costs related to preparing for and attending the hearing. B. A party shall have the right to inspect the files of the city relating to the decision to commence proceedings. Such inspection may be made by appointment during business hours between the time the hearing notice is sent and the time when the hearing is held. The names, addresses and telephone numbers of persons providing information to the city in confidence shall be removed from the files before such inspection is made.

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The intent of this provision is to assist the parties in preparing for the hearing, and not to make public any records which would otherwise be exempt from disclosure under the California Public Records Act, Government Code Section 6250 et seq. C. A party may request a copy of the city's case file and will bear all copy cost as provided for in the city's fee resolution. (Ord. No. 450, § II, 5-13-2014)

A. The city manager or hearing officer may inspect the property involved in the hearing by entering upon the private property where the nuisance exists prior to, during or after the hearing, provided that: 1. Notice of such inspection shall be given to the owner, occupant, lessee and/or other interested holder of the property before the inspection is made; 2. The owner, occupant, lessee and/or other interested holder of the property are given opportunity to be present during the inspection; and 3. The city manager shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, the material facts observed and any conclusions drawn from the inspection of the property.

A. The decision of the hearing officer shall be in writing within fifteen business days of the conclusion of the hearing stating the reason for the decision. The hearing officer's decision shall be final. B. The property owner or responsible person shall be served with a copy of the hearing officer's written decision sent by first class mail to the address provided on the request for hearing. C. If the violation is upheld by the hearing officer, the decision shall contain an order to abate and deadline for the abatement. The decision of the hearing officer is final unless the order is for demolition, in which case the owner may appeal the hearing officer's decision to the city council. The decision shall inform the owner or person requesting the hearing that if the nuisance is not abated within the time specified, the nuisance may be abated by the city in such manner as may be ordered by the city manager and the expense to abate the nuisance made a lien against the property involved as provided for in California Government Code Sections 38771 et seq., 54988 or other lawful authority. The decision shall also inform the owner and any others responsible for maintaining the nuisance that they are subject to fees as provided for in the city's fee resolution ordinance which, if not paid, may be collected by any legally authorized means. If the hearing officer finds in favor of the owner then the fee paid for the hearing will be refunded. D. The decision shall also inform the parties that the time for judicial review is governed by the California Code of Civil Procedure Section 1094.6. E. The decision may be filed for recording in the office of the county recorder, in such manner as may be necessary to advise prospective purchasers that a nuisance or substandard building or structure has been found to exist on the property. Upon compliance with the decision, the city manager shall file, in the same manner, an appropriate notice that the nuisance has been satisfactorily abated. (Ord. No. 450, § II, 5-13-2014)

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A. Upon receipt of an application from the person required to conform to the order of the hearing officer by a date fixed in the order, and with the agreement of such person that he will comply with the order if allowed additional time, the city manager may, in his or her discretion, grant an extension of time, not to exceed an additional one hundred twenty days within which to complete such abatement, if it is determined that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. B. The authority of the city manager to extend time is limited to the physical abatement of the nuisance or for such other purposes as may be reasonably required by the circumstances of the case, but such extension shall not in any way affect or extend the time provided in Section 1094.6 of the Code of Civil Procedure to seek review of the order. (Ord. No. 450, § II, 5-13-2014)

A. The city may pursue any and all legal and equitable remedies for the recovery of fees and associated charges owed to the city. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fees and abatement costs have been recovered. 1. Notice of Noncompliance. The city manager may file with the county recorder a notice of noncompliance if the nuisance involves substandard housing and the building official has followed the procedures set forth in the Revenue and Taxation Code Sections 17274 and 24436.5. 2. Liens. a. The amount of any unpaid fee, cost and associated charge may be made a lien on the real property on which the violation occurred after providing forty-five days notice. b. The lien shall attach when the city manager records a lien listing delinquent unpaid fees and associated charges with the county recorder's office. The lien shall specify the amount of the lien, the street address, the legal description, and the assessor's parcel number on the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. c. In the event that the lien is discharged, released, or satisfied, through payment, notice of the discharge containing the information specified above shall be recorded by the city manager. 3. Special Assessments. All cost incurred by the city to abate a public nuisance shall be charged against the owner of the parcel of land in accordance with the provisions of this article. If the costs are not paid within thirty days of receipt of invoice from the city's finance department, such cost shall be assessed against the parcel pursuant to Government Code 38773.5 following a hearing before the city council and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes. 4. Civil Action. The city may recover any cost incurred through civil action, including, but not limited to, attorneys fees. (Ord. No. 450, § II, 5-13-2014)

B6-154 through B6-160. - Reserved.