Simi Valley Municipal Code Ch. 8 Civil Fines

The purpose of this chapter is to enable civil fines in conjunction with the enforcement of this Code. Notwithstanding the provisions in this chapter, the City has and shall continue to employ the philosophy of voluntary compliance when seeking compliance with this Code. Prior to the implementation of the policies and procedures stated in this chapter, voluntary compliance policies and procedures; such as, personal contact, letters, assistance from other agencies, etc., may be utilized first in order to educate the public on the requirements contained in the Code and to abate the violation. Experience has found, that once educated, the vast majority of citizens will comply with City ordinances. Therefore, the policies and procedures stated in this chapter are for the minority who do not respond to voluntary compliance and may need a further incentive to comply.

(§ 3 (part), Ord. 940, eff. December 24, 1998, as amended by § 1, Ord. 1095, eff. July 19, 2006)

(a) This chapter makes any violation of the provisions of this Code subject to civil fines.

(b) This chapter establishes the administrative procedures for the imposition, enforcement, collection and administrative review of civil fines pursuant to Government Code Section 53069.4 and the City's plenary police power.

(c) The administrative remedies under this chapter are solely at the City's discretion and are one option the City has to address violations of this Code. By adopting this chapter, the City does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the City may select in a particular case.

(d) Notwithstanding any lease, license or any other instrument or agreement, the owner of any real property has the right to enter upon his or her own property to the extent reasonably necessary and prescribed by law to abate any nuisance or correct any violation of this Code existing thereon. The provisions of this subsection shall be an implied term of any instrument affecting the right to possession of real property located in the City.

(e) Because serious Code violations may impact health and safety, this chapter is intended to impose strict civil liability upon the owners and lessees of real property for all violations of the Simi Valley Municipal Code which may occur in the City.

(§ 3 (part), Ord. 940, eff. December 24, 1998)

The following definitions apply to the use of these terms for the purposes of this chapter:

(a) "Code violation" shall mean any violation of the Simi Valley Municipal Code.

(b) "Director of Community Services" or "Director" shall mean the Director of City of Simi Valley Community Services Department or his/her designated representative.

(c) "Hearing administrator" shall mean the City Manager or the person appointed by the City Manager as his or her designee to serve as the hearing officer for administrative hearings.

(d) "Issued" shall mean giving, mailing or posting a Notice and Order to a person and issuance occurs on the date when a Notice and Order is personally served on a person, the date it is mailed to a person, or the date it is posted on real property where a property-related violation occurs.

(e) "Notice and Order" shall mean an official Code violation notice issued to a person(s) notifying them that they continue to be in violation of the Simi Valley Municipal Code, that the Code violation has not been corrected within the applicable correction period, and if not corrected by a specified date, a civil fine is imposed.

(f) "Person" shall mean any of the following:

(1) An individual who causes a Code violation to occur;

(2) An individual who maintains or allows a Code violation to continue, by his or her action or failure to act;

(3) An individual whose agent, employee or independent contractor causes a Code violation by its action or failure to act;

(4) An individual who is the owner of, and an individual who is a lessee or sublessee with the current right of possession of, real property where a property-related Code violation occurs;

(5) An individual who is the on-site manager of a business who normally works at the site when the business is open and is responsible for the activities at such premises.

For purposes of this subdivision, "person" includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees and general partners of a legal entity. There shall be a legal rebuttable presumption that the record owner of a parcel according to the County's latest equalized property tax assessment rolls and a lessee or sublessee of a parcel has notice of any Code violation existing on the premises.

(§ 3 (part), Ord. 940, eff. December 24, 1998, as amended by § 2, Ord. 1095, eff. July 19, 2006)

Any violation of Simi Valley Municipal Code constitutes a public nuisance. Therefore, any person owning, leasing, occupying, directly controlling or having possession of any property in the City who is in violation of any provision of the Simi Valley Municipal Code shall be declared to be maintaining a public nuisance. It shall not be the intent of the City that this chapter shall preempt any private nuisance action or any and all other legal remedies available to private parties to abate such nuisances.

(§ 3 (part), Ord. 940, eff. December 24, 1998)

(a) Whenever the Director of Community Services has inspected and finds that conditions constituting a public nuisance exist thereon, the Director may use the procedures set forth in this chapter to abate such nuisance as authorized by law.

(b) The Director may issue a Notice and Order for a violation the Director did not see occur if the Director has determined through investigation that the responsible person did commit the violation. A responsible person to whom a Notice and Order is issued shall be liable for and shall pay to the City the fine or fines described in the Notice and Order when due pursuant to the provisions of this chapter.

(c) Every person who applies for and receives a permit, license or any type of land use approval, e.g., subdivision maps, special use permits, variances, zoning clearances, etc., shall comply with all conditions imposed upon the issuance of the permit, license or other approval. If a person violates any condition of such permit, license or approval, he or she may be issued a Notice and Order and be liable for civil fines under the provisions of this chapter.

(d) Each day a violation of this Code exists shall be a separate violation and be subject to a separate fine. A Notice and Order may charge a violation for one or more days on which a violation exists and for violation of one or more Code sections.

(e) The City may take into consideration the fact that a person has been issued Notice and Orders when the City is determining whether to accept an application or to grant, suspend, revoke or deny any permit, license or any type of land use approval for the person and such Notice and Orders are evidence that the person has committed acts that are not compatible with the health, safety and general welfare of other persons and businesses in the City.

(f) The Director shall issue a Notice and Order to the landowner and the person, if other than the landowner, occupying or otherwise in real or apparent charge and control of the property. The Notice and Order shall contain:

(1) Name of the responsible person(s) for the violation of this Code;

(2) Date on which an inspection established the Code violation;

(3) The Code section violated;

(4) Address where the Code violation occurred;

(5) Description of the violation established by inspection;

(6) A statement advising that if the described conditions are not abated within the time specified, the Director may proceed, as authorized by law, to assess a civil fine as authorized by this chapter;

(7) A statement assessing the amount and effective date of the fine if voluntary compliance is not obtained by the date established in the Notice and Order;

(8) Procedures to pay the fine;

(9) A statement advising that any person having any interest or recorded title in the property may appeal the Notice and Order to the hearing administrator by the date specified in the Notice and Order and appear before the hearing administrator on the date, time and place specified in the Notice and Order. The statement will include instructions as to how to request an appeal;

(10) A notice that the Code violation is a public nuisance and that collection of unpaid fines can be enforced as an assessment or lien against the property where a property-related Code violation occurs;

(11) Signature of the Director issuing the Notice and Order;

(12) Date the Notice and Order is issued;

(13) Any other information deemed necessary by the City Attorney for enforcement or collection purposes.

(g) The Notice and Order, and any amended Notice and Order, shall be served by the following method:

(1) Personal service, first class (regular) mail, or certified mail, postage prepaid, return receipt requested to each person as required pursuant to the provisions of this chapter at the address as it appears on the last equalized assessment roll of the County or as known to the Director. The address of the owner shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. If notice is sent by certified mail, the same notice shall be sent simultaneously by first-class (regular) mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned or stated as undeliverable by the U.S. Post Office.

(2) The failure of the person with an interest in the property to receive any notice served in accordance with this chapter shall not affect the validity of any proceedings taken under this Code. If the address of 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 (10) days.

(h) Proof of personal service of the Notice and Order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which service was made.

(§ 3 (part), Ord. 940, eff. December 24, 1998)

If the Director receives a request from any person required to comply with a Notice and Order, the Director may grant an extension of any fine due date and abatement deadline if the Director determines that such an extension of time will not create or perpetuate imminent danger to life or property. The Director shall have the authority to place reasonable conditions on any such extensions. (§ 3 (part), Ord. 940, eff. December 24, 1998 as amended by § 1, Ord. No. 1267, eff. March 9, 2017)

(a) The amount of the fines for violating particular provisions of this Code shall be set in a schedule of fines adopted by resolution by the City Council. The schedule may include escalating fine amounts for repeat Code violations occurring within specified periods of time.

(b) Fines are due on the day specified in the Notice and Order or, in the event of an appeal, as determined by the hearing administrator.

(§ 3 (part), Ord. 940, eff. December 24, 1998)

(a) Fines shall be paid to the Director within thirty (30) days of the due date. Payment shall be made by mailing the envelope attached to the Notice and Order and enclosing the fine amount paid by check or money order. The Director, for purposes of convenience and ease of processing, may authorize payment to be made in accordance with any other method, at any location within the City, or to any address.

(b) Payment of a fine shall not excuse the person from correcting the Code violation. The issuance of Notice and Order and/or payment of a fine does not bar the City from taking any other enforcement action regarding a Code violation that is not corrected, including issuing additional Notice and Orders and/or criminal complaints.

(§ 3 (part), Ord. 940, eff. December 24, 1998)

(a) Any person aggrieved by the action of the Director in issuing a Notice and Order pursuant to the provisions of this chapter may appeal such notice to the hearing administrator. If no appeal is filed within ten (10) days of the date of issuance of the Notice and Order, the order of the Director shall be final. Revocation of the Notice and Order by the hearing administrator or voluntary abatement of the nuisance either on or prior to the Notice and Order due date, and any authorized extensions thereto, shall cause the case to be closed.

(b) To appeal a Notice and Order, the person shall file a signed written request following the procedures outlined in the Notice and Order. An appellant may contest the Notice and Order by denying that a violation occurred, by denying that it was not corrected within the correction period, if applicable, or by denying that the appellant is a responsible person for the violation.

(c) To be effective and complete, the request must be received by the Director within ten (10) days of the date the Notice and Order was issued. Where a request is mailed by the appellant, the request shall be deemed filed on the date received by the Director. All requests shall be date-stamped upon receipt. The Director is authorized to designate an address to which such requests shall be mailed.

(§ 3 (part), Ord. 940, eff. December 24, 1998)

(a) For hearings involving violations of this Code, the hearing administrator will be the City Manager or his or her designee.

(b) Hearings shall be conducted by a hearing administrator on the date, time and place specified by the City.

(c) The Director shall ensure that the pertinent Notice and Orders are delivered to the hearing administrator. Before the hearing, the Director shall also make available to the appellant a copy of any additional information concerning the Notice and Order which has been provided to the hearing administrator.

(d) The appellant shall be given the opportunity to testify and to present evidence relevant to the Code violation specified in the Notice and Order.

(e) The Notice and Order and any other reports prepared by City Code Enforcement Officers or the Director concerning a Code violation or attempted correction of a Code violation that are provided to the hearing administrator shall be accepted by the hearing administrator as prima facie evidence of the Code violation and the facts stated in such documents.

(f) The hearing administrator may continue a hearing if a request is made showing good cause by the appellant or the Director. Good cause means facts or circumstances that the hearing administrator, in his or her sole discretion, determines justify continuing the hearing. All continuance requests shall either: (1) be made in person at the hearing by the appellant or his or her representative if the appellant is physically unable to attend, or (2) be made by a written request received from the Director. If the continuance is granted, a new hearing date shall be set within thirty (30) days. If the continuance is denied, the hearing shall proceed then and there as scheduled, and if the appellant is not present, the request(s) shall be deemed abandoned in accordance with subsection (h) of this section.

(g) The hearing shall be conducted informally and the legal rules of evidence need not be followed. The hearing administrator does not have the authority to issue a subpoena.

(h) The failure of the appellant to appear at the hearing, unless the hearing was continued per subsection (f) of this section, shall constitute an abandonment of the appeal, and a failure to exhaust administrative remedies concerning the violation set forth in the Notice and Order.

(§ 3 (part), Ord. 940, eff. December 24, 1998, as amended by § 3, Ord. 1095, eff. July 19, 2006)

(a) After considering all the evidence and testimony submitted at an appeal hearing, the hearing administrator shall issue a Notice of Decision, within two (2) business days, to either uphold or revoke the Notice and Order based upon a conclusion of whether a violation occurred for which the appellant was a responsible person. The Notice of Decision shall be mailed within one business day subsequent to the hearing administrator's issuance of the Notice of Decision by first class and certified mail, postage prepaid, return receipt requested, to the appellant or the representative, per Section 1-8.105(g) of this chapter. The failure to appear by the appellant shall be noted on the Notice of Decision by the hearing administrator. At any time prior to the hearing, the Director may, and after the hearing, the hearing administrator may, reduce or cancel the amount of any fine or revoke the Notice and Order in unusual cases when extenuating circumstances make it appropriate in the interest of justice. The decision of the hearing administrator shall be final.

(b) The filing of an appeal shall suspend any fine assessed in the Notice and Order. In the event that the Notice and Order is revoked, the fine shall also be revoked. In the event that the Notice and Order is upheld, a new compliance deadline and fine due date shall be established by the hearing administrator and recorded on the Notice of Decision.

(§ 3 (part), Ord. 940, eff. December 24, 1998, as amended by § 4, Ord. 1095, eff. July 19, 2006)

(a) The appellant may seek judicial review of the hearing administrator's decision by filing an appeal with the Superior Court within twenty (20) calendar days after the appellant receives a copy of the Notice of Decision at the conclusion of the hearing in accordance with the provisions of California Government Code Section 53069.4. The appeal filed with the court must also contain a proof of service showing a copy of the appeal was served upon "City of Simi Valley (Attention: City Attorney)." The appellant must pay to the Superior Court the appropriate filing fee when the appeal is filed.

(b) No appeal is permitted from a decision where the appellant is deemed to have abandoned the contest of the Notice and Order by an unexcused failure to appear at the hearing.

(c) The City Attorney or the City Attorney's designee shall forward to the Superior Court within fifteen (15) days of its request, the pertinent Notice and Order documents for any case appealed to that Court. If the Superior Court revokes any Notice and Order, the City will refund the Superior Court filing fee paid by the appellant.

(§ 3 (part), Ord. 940, eff. December 24, 1998)

(a) The City, at its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid civil fines.

(1) Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines owed by a person under this chapter have been collected.

(2) A City permit/issuing department may refuse to accept an application or issue, extend or renew to any person, who has unpaid delinquent fines, liens or assessments, any City permit, license, or other City approval pertaining to the property that is the subject to a Notice and Order and fine.

(3) Notwithstanding any other provision of the Code, any permit, license or any type of land use approval issued by the City to a person who has unpaid fines totaling Five Hundred and No/100ths ($500.00) Dollars or more which remain delinquent for thirty (30) days or longer may be suspended by the permitting/issuing department. The suspension becomes effective ten (10) days after the date the notice of the suspension is placed by the permitting/issuing department in the U.S. mail, postage prepaid, addressed to the person, and continues until the delinquency is paid in full. The person may request a review hearing pursuant to the specific permit, license or other City approval procedures if such a request is filed before the ten (10) day period ends. Continuing to operate under a suspended permit, license or approval shall be grounds for the City Council to revoke the permit, license or approval. Revocations shall be processed by the permit/issuing department and may be made by the City Council at a public hearing for which the person is given at least ten (10) days' prior written notice.

(4) The City Attorney, at his or her discretion, may issue a criminal citation or complaint for a willful failure, without lawful excuse, to pay a civil fine for each day the fine, or a portion thereof, goes unpaid after it becomes due. For purposes of this subsection only, a fine becomes due thirty (30) days after notice is sent to the person fined at his or her last known address stating the amount of the fine, the due date, and that failure to pay the fine by the due date constitutes a criminal offense for each day thereafter the fine, or any portion thereof, remains unpaid. Such notice shall be sent by first class mail, postage prepaid and by certified mail, postage prepaid, return receipt requested.

(b) Any violation of his Code shall constitute a public nuisance. The Director may pursue the following remedies whether or not the City is pursuing any other action to terminate an ongoing Code violation that was the basis for the fine. To compel Code compliance, the City may seek to collect assessed fines by means of a nuisance abatement lien and/or special assessment against the property where a property-related violation occurred in accordance with the procedures in Government Code Sections 38773.1 and 38773.5. Any unpaid delinquent civil fines may be recovered as a lien or special assessment against the property of the responsible person who is the owner of the property where the violation occurred.

(c) To recover any delinquent civil fines as a lien or special assessment, the following conditions must be met:

(1) The Director must submit to and receive from the City Council a resolution certifying the amounts of the liens and special assessments sought to be collected from each property owner; and

(2) The total amount of the delinquent fine against the property owner must be delinquent for sixty (60) days or more.

(d) The Director is authorized to take any steps necessary to enforce collection of the lien or special assessment, including but not limited to the following:

(1) Request the County Recorder to record a notice of any lien or special assessment certified by the City Council;

(2) Request the County Tax Collector on behalf of the City to collect any special assessments certified by the City Council.

(e) All Notice and Orders shall contain a notice that unpaid fines are subject to the assessment and lien collection procedures of this section. This notice shall satisfy the notice requirements of Government Code Sections 38773.1 and 38773.5 when a Notice and Order is served on the person. In addition, the Director shall by first-class mail send notice to each property owner at least ten (10) days before the City Council considers the resolution to certify the amounts of the liens and special assessments stating the date, time and location of the meeting. The lien or special assessment shall be imposed on the date the Notice and Order for the Code violation is issued to the responsible person and become effective upon the recording of a Notice of Lien or special assessment by the County Recorder.

(f) A person may contest the amount and/or validity of any lien or special assessment for a civil fine at the public hearing when the City Council considers the resolution to certify the liens and assessments. Such contests shall be limited to the issue of the amount and/or validity to the lien or assessment and may not consider whether the underlying Code violation occurred. Pursuit of such a contest by a person is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or special assessment.

(§ 3, Ord. 940, eff. December 24, 1998, as amended by § 1, Ord. 995, eff. April 5, 2001)

Notwithstanding any other provision of the Simi Valley Municipal Code ("Code") or state law, once a Notice and Order to abate a nuisance has been issued pursuant to this Chapter 8 ("Civil Fines"); pursuant to Title 5, Chapter 36 ("Property Maintenance"); Title 8, Chapter 3 ("Organization and Enforcement"); or pursuant to any other section of this Code or state law, and any applicable appeal period for such Notice and Order has run or has been waived, if the nuisance is not abated in the time period set forth in the Notice and Order, the City Attorney is hereby authorized to file a petition to a court of competent jurisdiction at the City Attorney's discretion for an inspection and/or abatement warrant ("Abatement Warrant") authorizing City enforcement officers or any employee, authorized agent, representative or contractor of the City to enter onto any affected property to inspect and abate the nuisance condition described in the Notice and Order. An Abatement Warrant, as contemplated in this section, shall be requested pursuant to the procedures provided by California Code of Civil Procedure Section 1822.50, et seq., as may be amended from time to time, or the successor provisions thereto, pertaining to inspection warrants.

The costs of obtaining and carrying out the Abatement Warrant shall be included within the costs recoverable by the City for such Notice and Order and include, but are not limited to, any cost incurred by the City in performing or contracting for work required to achieve compliance with the Abatement Warrant, administrative costs, and costs of civil prosecution of the nuisance condition, including attorneys' fees and costs, all as permitted by law. These costs shall be invoiced to the property owner for payment and collection in accordance with the specific cost recovery procedures set forth in the Code regarding the issuance of the particular Notice and Order. At the City Attorney's discretion, or if no particular Code section sets forth cost recovery procedures with respect to the Notice and Order, the procedures set forth in Section 5-36.115 et seq. may be utilized for cost recovery.

(§ 2(Exh. A), Ord. No. 1284, eff. January 8, 2018, as amended by § 1(Exh. A), Ord. No. 1285, eff. March 1, 2018)

Notwithstanding any other provision of the Simi Valley Municipal Code ("Code") or state law, once a Notice and Order to abate a nuisance has been issued pursuant to this Chapter 8 ("Civil Fines"); pursuant to Title 5, Chapter 36 ("Property Maintenance"); Title 8, Chapter 3 ("Organization and Enforcement"); or pursuant to any other section of this Code or state law, and any applicable appeal period for such Notice and Order has run or has been waived, if the nuisance or violation(s) ("Nuisance Conditions") are not abated in the time period set forth in the Notice and Order, the City Attorney is hereby authorized to file a petition in a court of competent jurisdiction at the City Attorney's discretion for the appointment of a receiver ("Receiver"), provided: (a) the Nuisance Conditions are so extensive and of such a nature that the health and safety of the residents and/or the public are substantially endangered; (b) the managing Code Compliance Officer or other official designated by the City Manager requests that a receiver be appointed; and (c) the City Manager concurs with the appointment of a receiver. Said receiver shall act according to the requirements of state law, including but not limited to California Health and Safety ("H&S") Code Section 17980, et seq., and in particular H&S Code Section 17980.7, and shall act to abate all nuisances and bring the property into compliance with applicable state codes and the Simi Valley Municipal Code. The City shall first attempt less drastic means to obtain compliance and abatement of the nuisance conditions, including attempting to obtain voluntary compliance and providing a reasonable time for compliance with a Notice and Order before the City seeks the appointment of a receiver by the court.

The costs of appointing a receiver and obtaining a receivership ("Receivership") shall be included within the costs recoverable by the City for such Notice and Order or otherwise and may include, but are not limited to, any cost incurred by the City including administrative costs, staff time (including attorneys' fees and costs), and other expenses, all as permitted by law ("Enforcement Costs"). The City Attorney is hereby empowered to seek enforcement costs of the City through any and all methods allowable at law, including but not limited to the procedures set forth in Section 5-36.115 et seq. of the Code and H&S Section 17980.7(c)(11). Enforcement costs may also be invoiced to the property owner or other responsible party for payment and collection in accordance with the specific cost recovery procedures set forth in the Code regarding the issuance of the particular Notice and Order.

(§ 2(Exh. A), Ord. No. 1302, eff. December 2, 2019; § 2(Exh. A), Ord. No. 1303, eff. February 13, 2020)