Article 3-10

CIVIL ENFORCEMENT*

Sections:

The provisions in this Article apply to all civil enforcement proceedings unless specifically stated otherwise in the Code.

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

(a) When the City Manager determines that a responsible person has committed a violation of the Code or caused a nuisance, the City Manager or Enforcement Officer may issue a notice of violation to the responsible person. Such notice shall serve as a written warning of responsibility and require action by the responsible person to abate the violation. The notice of violation shall specify a correction date within a reasonable period by which the violation can reasonably be abated unless the violation constitutes an immediate hazard to the public health, safety or welfare or materially interferes with public travel or passage or is a "transient" one as defined under Section 3-01.020 in which case the notice of violation may require immediate compliance.

(b) The City Manager or Enforcement Officer may issue a notice of violation directed to a responsible person who is in violation of the Code. The notice of violation shall contain:

(1) The street address and a description sufficient for identification of the property and any structures where the violation occurred or is occurring.

*Editor’s note— Ord. No. 342, § 1(Att. A, § 1), adopted Oct. 19, 2016, amended former Art. 3-10, §§ 3-10.010—3-10.030, in its entirety to read as herein set out, including the repeal of § 3-10.030, which pertained to recorded notice of violation and derived from Ord. 201 § 1, 2001.

(2) A statement that the City Manager has found a condition that is a nuisance or in violation of Code with a brief and concise description including reference to applicable provisions of the Code.

(3) An order (i) specifying the curative action required to be taken and (ii) specifying the correction date by which curative action must occur, as determined by the City Manager.

(4) A statement advising that if the curative action is not concluded within the time specified, the City Manager intends to record the notice of violation (such remedy shall be in addition to any other rights, remedies or actions available to the City by reason of the violation as described in the notice).

(5) A statement as to whether the City Manager has elected to seek, as a part of abatement costs, reasonable attorney's fees incurred in abating the nuisance and if such election is made, a statement that the prevailing party may be entitled to seek reimbursement of reasonable and necessarily incurred attorney's fees.

(6) Appeal information. A statement advising (i) that any person having any record title or legal interest in the parcel of land or responsible person may appeal from the notice of violation to the Hearing Officer pursuant to Section 3-10.050, and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

(c) Service of such notice of violation shall be made pursuant to Section 3-10.030.

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

Theamountof anyfee,servicecharge,utilitycharge, license, or tax of any nature whatsoever imposed by any provision of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, or any condition of an approval, permit or license granted pursuant to this Code, shall be deemed a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto. The remedy prescribed by this Section shall be cumulative and the use of a civil action to collect such amount as a debt shall not bar the use of any other remedy available to the City for the collection thereof.

(Saratoga Supp. No. 40, 1-17)

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3-10.020

Wherever the City Attorney is authorized or directed to commence or sustain any civil action or proceeding, either at law or in equity, to enforce any of the provisions of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, or any condition of an approval, permit or license granted pursuant to this Code, or to enjoin or restrain any violation thereof, or otherwise to abate any public nuisance, or to collect any sums of money on behalf of the City, then the City shall be entitled to collect all the costs and expenses of the same, including, without limitation, reasonable attorney's fees and reasonable investigation costs, which shall be set by the court and made a part of any judgment in any such action or proceeding.

(a) The City Manager may use all available means authorized by the Code or any other applicable law to collect past due fines and other related costs.

(b) Any person who fails to pay any fine shall be liable in any action or collection procedure brought by the City for all costs incurred to obtain payment of the delinquent amount, including, but not limited to, administrative costs, collection costs, and if elected, attorney's fees.

(c) Collection costs shall be in addition to any penalties, interest and late charges imposed upon the delinquent obligation.

(d) Commencement of an action to collect a delinquent fine shall not preclude issuance of one or more additional citations if the violation or violations continue after the date for correcting them as stated in the applicable order.

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

(a) Service of any notice (including, without limitation, notice of violation, citation, order or document) required to be given under this Chapter or for any purpose of enforcement under this Code, shall be served to the responsible person in any of the following ways unless the provisions of the Code that are the subject of the enforcement proceedings specify an alternative procedure:

(1) Personal service; or

(2) If the responsible person is an owner of real property, service by certified mail to the owner at the

address shown on the latest available assessment roll, or as otherwise known to the City Manager. If the responsible person is a lessee or non-owner occupant of real property, service by first class and by certified mail to the last known business or resident address of such responsible person. Service by certified mail in the manner herein provided shall be effective on the date of the mailing. If the document(s) is sent by certified mail and the certification is returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the document(s) sent by first class mail is not returned.

(b) For violations involving real property, if the Enforcement Officer is not able to serve the responsible person as described in (a)(2) above, the notice shall be posted upon the property and such posting shall be deemed effective service, and the date of the posting shall constitute the date of service. The failure of any owner to receive such notice shall not affect the validity of any proceedings taken under this Section.

(c) Any notice to collect abatement and related administrative costs by a nuisance abatement lien must be made prior to the recordation of the lien to the owner of record of the parcel of land or which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current and such notice shall be made by personal service. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaperof generalcirculationpublishedinthecounty in which the property is located pursuant to California Government Code Section 6062.

(d) Proof of service of shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons affecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of any notice and retained by the City Manager.

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

(a) In order to hear and decide appeals of orders, decisions, or determinations made by the City Manager relative to the application and interpretations of this

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(Saratoga Supp. No. 40, 1-17)

3-10.050

Article and of such other matters as may be subject to hearings by reference to this Section, there shall be and is hereby established a Hearing Officer. The City Council shall designate or appoint, in accordance with applicable law, one or more Hearing Officers. The employment, performance evaluation, compensation, and benefits of a Hearing Officer, if any, shall not be directly or indirectly conditioned upon the decisions of the Hearing Officer, including, but not limited to, the amount of fines upheld by the Hearing Officer. Each appeal or other matter subject to hearing by reference to this Section shall be heard and decided by a Hearing Officer. The Hearing Officer shall render all decisions and findings in writing to the parties. Appeals to the Hearing Officer shall be processed in accordance with the provisions contained in Section 3-10.050 unless alternative procedures are established in the City Code provisions governing the matter that is the subject of the hearing. Rules of procedure regarding the powers of a Hearing Officer and governing all hearings by a Hearing Officer shall be adopted by resolution of the City Council and may be amended in the same manner from time to time. Copies of the rules of procedure currently in effect shall be maintained by the City Clerk, who shall make them freely accessible to the public.

(b) A Hearing Officer shall have no authority relative to interpretation of the administrative provisions of this Code nor is a Hearing Officer empowered to waive requirements of this Code.

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

(a) A responsible person is entitled to appeal to a Hearing Officer any notice concerning a violation but if that right is not timely exercised then the right to appeal is waived and there shall be no entitlement to appeal any subsequent notice served pertaining to the same violation(s) identified in the initial notice. Failure of any person to file an appeal in accordance with this provision of this Code shall constitute a waiver of the right to an administrative hearing and adjudication of the notice or any portion thereof.

(b) Any person entitled to an appeal under this Chapter shall (i) pay an appeal fee equal to the amount for code enforcement appeals set forth in the City's fee schedule or, in the event an administrative citation was issued, the lesser of the amount of the fine due or the

amount set forth in the fee schedule and (ii) shall file with the Office of the City Clerk a written appeal containing:

(1) A street address and a description sufficient for identification of the property and any affected structures thereon.

(2) The names of all appellants participating in the appeal.

(3) If applicable, a brief statement setting forth the legal interest of each of the appellants in connection with the matters addressed in the notice.

(4) A brief statement in ordinary and concise language of the nature of the appeal together with any material facts claimed to support the contentions of the appellant(s).

(5) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the notice under appeal should be reversed, modified or otherwise set aside.

(6) The signatures of all parties named as appellants and their mailing addresses for receipt of first class mail and overnight delivery of correspondence concerning the appeal and their e-mail addresses if they wish to receive notices via e-mail.

(7) The verification (by declaration under penalty of perjury) of appellants as to the truth of the matters stated in the appeal.

(c) The appeal shall be filed within fifteen (15) calendar days from the date of service of the notice being appealed; provided, however, that if the City Manager has determined that the circumstances addressed by the notice are dangerous to the life, limb, property or safety of the public or adjacent property and if the notice of the City Manager so provides, such appeal shall be filed within seven calendar days from the date of the service of the notice.

(d) As soon as practicable after receiving the written appeal, the Hearing Officer shall fix a date, time and place for the hearing of the appeal. Written notice of the day, time and place of the hearing shall be served by the City Clerk to the parties to the appeal mailed at least fifteen calendar days prior to the scheduled date of the hearing. E-mail may be used to accomplish such service if (i) the party has provided an e-mail address to the City Clerk and (ii) receipt of the e-mail is acknowledged by the party. If e-mail notice is not acknowledged within forty-eight hours, the City Clerk shall

(Saratoga Supp. No. 49, 3-22)

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3-10.050

serve the notice by regular first class mail by 5:00 P.M. on the first business day following acknowledgement deadline.

(e) Only those matters or issues specifically raised by the appellant(s) and within the jurisdiction of the Hearing Officer shall be considered in the hearing of the appeal.

(f) Any appellant who fails to appear at the hearing thereby waives the right to a hearing and to an adjudication of the issues related to the hearing, provided that notice of the hearing has been provided in accordance with subsection (d) above.

to complete such action(s). The decision of the Hearing Officer shall be final. All applicable fines shall become immediately due and owing to the City in the full amount and if not paid may be collected as provided in this Code or by any other lawful method available to the City. If the Hearing Officer grants the appeal in full, the City shall return any appeal fee.

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016; Ord. No. 383, § 1(Exh. A, § 6), 11-17-2021)

(g) The Hearing Officer has the authority to require a responsible person to post a code enforcement performance bond to ensure compliance with the Hearing Officer's decision.

(h) It is unlawful for a party to a hearing before a Hearing Officer who has been served with a copy of the final decision of the Hearing Officer to fail to comply with the decision. Failure to comply with such decision may, in addition to any other remedies available, be prosecuted as a misdemeanor or an infraction. (Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

Enforcement of any provision of any notice issued by the City Manager under this Code, including the requirement for payment of any fine, shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

(a) Appeal hearings shall be conducted by a Hearing Officer.

(b) The hearings shall be attended by the Enforcement Officer and the appellant (and/or an authorized representative) and conducted pursuant to rules of procedure established in accordance with the Code.

(c) After considering all of the testimony and evidence submitted at a hearing, the Hearing Officer shall issue a final decision at the conclusion of the hearing or within thirty calendar days to uphold or overturn the provisions contained in the notice and shall state the reasons thereof. If the notice is upheld and the violation has not been fully corrected as of the date of the hearing, the Hearing Officer shall order correction thereof in the decision and state deadline(s)

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(Saratoga Supp. No. 49, 3-22)

3-15.040