Scotts Valley Municipal Code Ch. 4.26 Investigation and Reinspection Fees

This Chapter governs the general procedures for recovering investigation and reinspection fees assessed by the City unless other provisions of this Municipal Code establish a specific investigation and/or reinspection fee procedure for a particular type of investigation or reinspection.

(Ord. No. 7.6, § 2, 5-5-04)

A. The City Council finds there is a need to recover costs incurred by Enforcement Officials and other City personnel who spend considerable time investigating, inspecting and reinspecting properties throughout the City of Scotts Valley in an effort to ensure compliance with the Municipal Code or applicable state codes.

B. The City Council further finds that the assessment of an investigation and/or reinspection fee is an appropriate method to recover costs incurred for investigation and additional inspections made by Enforcement Officials and other City personnel. The assessment and collection of investigation and reinspection fees shall not preclude the imposition of any administrative or judicial penalties or fines for violations of the Municipal Code or applicable state codes.

(Ord. No. 7.6, § 2, 5-5-04)

A. Whenever an Enforcement Official investigates a property to determine compliance with provisions of the Municipal Code and applicable state codes and determines that a violation or violations exist, the Enforcement Official may assess an investigation fee against the Responsible Person or Property Owner. Investigation fees may be assessed for time spent investigating, reporting, documenting and resolving violations if the Property Owner or Responsible Person fails to comply by the date specified in the Courtesy Notice sent to them informing them of existing violations on their property and a date for compliance.

B. Whenever an Enforcement Official reinspects a property to determine compliance with provisions of the Municipal Code and applicable state codes which have been listed in a Notice of Violation, the Enforcement Official may assess a reinspection fee against the Responsible Person or Property Owner.

C. Reinspection fees may be assessed for each inspection of the property after the issuance of a Notice of Violation.

(Ord. No. 7.6, § 2, 5-5-04)

A Code Enforcement fee schedule shall be established and revised as necessary by the City Council to reflect current actual costs. The code enforcement fee schedule shall be filed in and available for public review at, the City Clerk's office.

(Ord. No. 7.6, § 2, 5-5-04)

A. Where the assessment of investigation and/or reinspection fees is authorized under this Chapter, the appropriate City Enforcement Official shall provide the Responsible Person with a written notice assessing investigation and/or reinspection fees. The written assessment shall contain the following information:

The amount of fees charged;

The corresponding dates when investigation and/or reinspection took place;

A deadline by which the investigation and/or reinspection fee must be paid;

An explanation that additional late fees may be charged for late payment of the investigation and/or reinspection fee.

B. Service of notice of the investigation and/or reinspection fee assessment shall be provided to the Responsible Person or Property Owner by any of the means outlined in Chapter 4.03 of this Municipal Code.

C. Investigation and reinspection fees may be assessed as part of any judicial or administrative enforcement action as provided for in this Chapter.

D. The failure of any Responsible Person or Property Owner to receive notice of the investigation and/or reinspection fee assessment shall not affect the validity of any fees imposed under this Chapter.

(Ord. No. 7.6, § 2, 5-5-04)

The failure of any person to pay an investigation and/or reinspection fee by the deadline specified in the written notice of assessment of reinspection fee shall result in the assessment of an additional late fee. The amount of the late fee shall be established by the City Council.

(Ord. No. 7.6, § 2, 5-5-04)

The Enforcement Official shall collect the assessed investigation and/or reinspection and late fees by the use of all appropriate legal means, including but not limited to referral to the City Finance Department or City Attorney for collection or recordation of a nuisance abatement lien pursuant to Chapter 4.24.

(Ord. No. 7.6, § 2, 5-5-04)

All monies recovered by payment of late payment fees shall be remitted to the City Finance Director.

(Ord. No. 7.6, § 2, 5-5-04)