Santa Paula Municipal Code Ch. 11 Citations and Remedies

Section

Administrative Remedies

ADMINISTRATIVE REMEDIES

(A) This subchapter is adopted pursuant to Cal. Gov't Code § 53069.4.

(B) This subchapter 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.

(C) The administrative remedies process set forth in this subchapter applies to continuing violations of this code, not limited to violations of the:

(1) Uniform Administrative Code (§§ 150.001 and 150.002);

(2) Uniform Building Code (§§ 150.015 and 150.016);

(3) Uniform Plumbing Code (§§ 150.025 and 150.026);

(4) Uniform Fire Code (§§ 150.035 to 150.040);

(5) National Electrical Code (§§ 150.045 and 150.046);

(6) Uniform Housing Code (§§ 150.055 and 150.056);

(7) Uniform Mechanical Code (§§ 150.065 and 150.066);

(8) Uniform Code for the Abatement of Dangerous Buildings (§ 150.075);

(9) Uniform Code for Building Conservation (§§ 150.085 and 150.086); and

(10) Zoning Code (Chapter 156)

(D) This subchapter shall be used at the sole discretion of the city, subject to division (C) above.

('81 Code, § 1.14.010) (Ord. 1010, passed 10-21-96)

For purposes of this subchapter, DIRECTOR means the head of any city department which is charged with responsibility for enforcement of any provision of this Code, or any person as the City Manager may designate.

('81 Code, § 1.14.020) (Ord. 1010, passed 10-21-96)

(A) Whenever the Director determines that a violation of any provision of this Code within the Director's responsibility is occurring or exists, the Director may issue a written compliance order to any person responsible for the violation.

(B) A compliance order issued pursuant to this subchapter shall contain the following information:

(1) The date and location of the violation;

(2) The section of this Code violated and a description of the violation;

(3) The action required to correct the violation;

(4) The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved;

(5) Either a copy of this subchapter or an explanation of the consequences of noncompliance with this subchapter and a description of the hearing procedure and appeal process.

('81 Code, § 1.14.030) (Ord. 1010, passed 10-21-96)

(C) The Director shall give the violator a reasonable period in which to comply with the compliance order. However, should the violation constitute an imminent threat to life or property, immediate compliance may be ordered.

(Ord. 1026, passed 2-16-99)

(A) Except where real property is involved, all notices required by this subchapter shall be served in the manner provided in § 14.04.

(B) Where real property is involved, written notice shall be mailed to the property owner at the address as shown on the last equalized County assessment roll, and a copy of the order shall be conspicuously posted at the property which is the subject of the order.

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

('81 Code, § 1.14.040) (Ord. 1010, passed 10-21-96)

(A) If the Director determines that all violations have been corrected within the time specified in the compliance order, no further action shall be taken.

(B) If full compliance is not achieved within the time-specified in the compliance order, the Director shall advise the secretary to the Appeals Hearing Board, established by resolution of the City Council, to set a hearing before the Board.

(C) The Appeals Hearing Board shall cause a written notice of hearing to be served on the violator and, where real property is involved, a notice of hearing shall be served on the property owner at the address as it appears on the last equalized county assessment roll available on the date the notice is prepared, and a copy of the notice shall be conspicuously posted at the property which is the subject of the notice.

('81 Code, § 1.14.050) (Ord. 1010, passed 10-21-96)

(A) Every notice of hearing on a compliance order shall contain the date, time and place at which the hearing shall be conducted by the Appeals Hearing Board.

(B) Each hearing shall be set on a date not less than 10 days nor more than 60 days from the date of the notice of hearing unless the Director determines that the matter is urgent or that good cause exists for an extension of time.

(C) At the hearing, any person subject to a compliance order, shall be given a full opportunity to object to the determination that a violation has occurred and/or that the violation has continued to exist. The failure of any person subject to a compliance order, pursuant to this subchapter, to appear at the hearing shall constitute a failure to exhaust administrative remedies, and a waiver of the right to be heard by the Appeals Hearing Board.

('81 Code, § 1.14.060) (Ord. 1010, passed 10-21-96)

(A) At the place and time set forth in the notice of hearing, the Appeals Hearing Board shall conduct a hearing on the compliance order issued pursuant to § 11.42.

(B) Consistent with any rules and procedures it may adopt, the Board shall consider any written or oral evidence regarding the violation and compliance by the violator or by the real property owner.

(C) Within 15 days following the conclusion of the hearing, the Board shall make findings and issue its determination regarding:

(1) The existence of the violation;

(2) The failure of the violator or owner to take required corrective action within the required time period.

(D) The Board shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing.

(E) If the Board finds, by majority vote, that there is a preponderance of the evidence showing that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the Board shall issue an administrative order.

(F) If the Board finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the Board shall issue a finding of those facts.

('81 Code, § 1.14.070) (Ord. 1010, passed 10-21-96)

If the Appeals Hearing Board determines that a violation occurred which was not corrected within the time period specified in the compliance order, the Board shall issue an administrative order described in § 11.46 which imposes any or all of the following:

(A) An order to correct, including a schedule for correction where appropriate;

(B) Administrative penalties as provided in § 11.48;

(C) Administrative costs as provided in § 11.49.

('81 Code, § 1.14.080) (Ord. 1010, passed 10-21-96)

(A) The Appeals Hearing Board may impose administrative penalties for the violation of any provision of this Code in an amount not to exceed a maximum of $1,000 per day for each ongoing violation, except that the total administrative penalty shall not exceed $100,000 exclusive of administrative costs, interest and restitution for compliance reinspections, or for any related series of violations.

(B) In determining the amount of the administrative penalty, the Board may take any or all of the following factors into consideration:

(1) The duration of the violation;

(2) The frequency, recurrence and number of violations, related or unrelated, by the same violator;

(3) The seriousness of the violation;

(4) The good faith efforts of the violator to come into compliance;

(5) The economic impact of the penalty on the violator;

(6) The impact of the violation on the community;

(7) Such other factors as justice may require.

(C) Administrative penalties imposed by the Board shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the Director or the Board.

(D) The Board, in its discretion, may suspend the imposition of applicable penalties for any period of time during which:

(1) The violator has filed for necessary permits; and

(2) Such permits are required to achieve compliance; and

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

(E) Administrative penalties assessed by the Board shall be due by the date specified in the administrative order.

(F) Administrative penalties assessed by the Board are a debt owed to the city and, in addition to all other means of enforcement, if the violation 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 violation is not corrected as specified in the Board's order to correct, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in division (A) above.

(H) If the violator gives written notice to the Director that the violation has been corrected and if the Director finds that compliance has been achieved, the Director shall deem the date the written notice was postmarked or personally delivered to the Director or the date of the final inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to the Director, the violation will be deemed corrected on the date of the final inspection.

('81 Code, § 1.14.090) (Ord. 1010, passed 10-21-96)

(A) The Appeals Hearing Board shall assess administrative costs against the violator when it finds that a violation has occurred and that compliance has not been achieved within the time specified in the compliance order.

(B) The administrative costs may include any and all costs incurred by the city in connection with the matter before the Appeals Hearing Board including, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, attorney fees and costs for all reinspections necessary to enforce the compliance order.

('81 Code, § 1.14.100) (Ord. 1010, passed 10-21-96)

Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the Appeals Hearing Board may be enforced as:

(A) A personal obligation of the violator, and/or

(B) If the violation is in connection with real property, a lien upon the real property. The lien shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full.

('81 Code, § 1.14.110) (Ord. 1010, passed 10-21-96)

Any person aggrieved by an administrative order of an Appeals Board hearing may obtain review of the administrative order by filing a motion for review with the Municipal Court in Ventura County in accordance with the timelines requirements and provisions set forth in Cal. Gov't Code § 53069.4.

('81 Code, § 1.14.120) (Ord. 1010, passed 10-21-96; Am. Ord. 1015, passed 7-7-97)

The city may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien pursuant to § 11.55.

('81 Code, § 1.14.130) (Ord. 1010, passed 10-21-96)

If the Director determines that compliance has been achieved after a compliance order has been sustained by the Appeals Hearing Board, the Director shall file a report indicating that compliance has been achieved.

('81 Code, § 1.14.140) (Ord. 1010, passed 10-21-96)

(A) If the Director does not file a report pursuant to § 11.53, a violator who believes that compliance has been achieved may request a compliance hearing before the Appeals Hearing Board by filing a request for a hearing with the Board.

(B) The hearing shall be noticed and conducted in the same manner as a hearing on a compliance order provided in §§ 11.45 and 11.46.

(C) The Board shall determine the dispute as follows:

(1) If compliance has been achieved, when it was achieved, and what relief, if any, the violator may be entitled.

(2) If compliance has not been achieved, to what extent has it not. Further, for good cause shown, the Board may amend or modify its original order.

('81 Code, § 1.14.150) (Ord. 1010, passed 10-21-96; Am. Ord. 1026, passed 2-16-99)

(A) Whenever the amount of any administrative penalty and/or administrative cost imposed by the Appeals Hearing Board pursuant to this subchapter in connection with real property has not been satisfied in full within 90 days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien against the real property on which the violation occurred.

(B) The lien provided herein shall have no force and effect until recorded with the County Recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of the Cal. Civ. Proc. Code §§ 697.340 and may be extended as provided in Cal. Civ. Proc. Code §§ 683.110 to 683.220, inclusive.

(C) Interest shall accrue on the principal amount of the lien remaining unsatisfied pursuant to the law applicable to civil money judgements.

(D) Prior to recording any such lien, the Director of Finance shall prepare and file with the City Clerk a report stating the amounts due and owing.

(E) The City Clerk shall fix a time, date and place for hearing such report and any protests or objections thereto by the City Council.

(F) The Director of Finance shall cause written notice to be served on the property owner not less than ten days prior to the time set for the hearing. Such notice shall be served as provided in § 11.43.

('81 Code, § 1.14.160) (Ord. 1010, passed 10-21-96; Am. Ord. 1026, passed 2-16-99)

(A) Any person whose real property is subject to a lien pursuant to § 11.55 may file a written protest with the City Clerk and/or may protest orally at the City Council meeting.

(B) Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection.

(C) The City Council shall set the matter for hearing no sooner than 15 days and no later than 60 days after the receipt of the protest.

(D) The City Council, after the hearing, shall adopt a resolution confirming, discharging or modifying the amount of the lien.

('81 Code, § 1.14.170) (Ord. 1010, passed 10-21-96)

Thirty days following the adoption of a resolution by the City Council imposing a lien the City Clerk shall file the same as a judgment lien in the office of the County Recorder of Ventura County, California. The lien may carry such additional administrative charges as set forth by resolution of the City Council.

('81 Code, § 1.14.180) (Ord. 1010, passed 10-21-96)

Once payment in full is received by the city for outstanding penalties and costs, the Director of Finance shall either record a notice of satisfaction or provide the property owner,or financial institution, with a notice of satisfaction so they may record the notice with the office of the County Recorder. Such notice of satisfaction shall cancel the city's lien.

('81 Code, § 1.14.190) (Ord. 1010, passed 10-21-96)

The lien may be foreclosed and the real property sold, by the filing of a complaint for foreclosure in a court of competent jurisdiction, and the issuance of a judgement to foreclose. There shall be no right to trial by jury. The City shall be entitled to its attorneys fees and costs.

(Ord. 1026, passed 2-16-99)

The lien may be redeemed by the payment in full of all amounts secured by the lien within six months after the lien is recorded and notice is given to the property owner.

(Ord. 1026, passed 2-16-99)

If it is determined by the City Council that the administrative penalties and costs set forth in the Board's order should become a personal obligation of the violator, it may direct that a petition be filed with a court of competent jurisdiction to enter said order as a judgement of that court. The City shall be entitled to its attorneys fees and costs.

(Ord. 1026, passed 2-16-99)

Interest shall accrue on all amounts declared due by the Appeals Hearing Board, and unpaid, from the date of the administrative order to the date paid pursuant to the laws applicable to civil money judgements.

(Ord. 1026, passed 2-16-99)

The City Council, may, by resolution, adopt such rules and regulations for the administration and interpretation of this chapter as it may consider proper.

(Ord. 1026, passed 2-16-99)