Sonoma Municipal Code Art. I Purpose and Authority for Administrative Notice and Order Proceedings –…

This chapter is adopted pursuant to the municipal affairs provision contained in Section 7 of Article XI of the Constitution of the State of California and Government Code Section 36900 for the purpose of making any violation of this code or of any ordinance enacted by the Sonoma city council subject to administrative fines, remedies, and penalties, to set forth the procedures authorized in Government Code Section 53069.4 for the imposition, enforcement, collection, and administrative review of such fines and penalties, and to redress and enforce violations of this code that constitute public nuisances through a nuisance abatement mechanism. The purpose and intent of this chapter is to effectively enforce violations of this code committed on a continuing or ongoing basis. This chapter shall be used at the sole discretion of the city.

Whenever any provision of this code refers to the “administrative penalties” chapter, this chapter is being referenced. (Ord. 03-2018 § 3 (Exh. C), 2018; Ord. 02-2005 § 3, 2005).

This section declares that a violation of this code or of any ordinance enacted by the Sonoma city council may be subject to an administrative fine, remedy, or penalty in accordance with the provisions of this chapter. The procedures are activated by an administrative notice and order, which may be used at the sole discretion of the city of Sonoma. The remedies provided by this chapter shall be in addition to and cumulative of all other remedies, criminal or civil, which may be pursued by the city of Sonoma to address any violation of its ordinances. (Ord. 03-2018 § 3 (Exh. C), 2018; Ord. 02-2005 § 3, 2005).

A. For the purposes of this chapter, “code enforcement officer” shall mean any city of Sonoma employee or agent of the city with the authority to enforce any provision of this code or ordinance.

B. For the purposes of this chapter, “responsible party” means the person or persons responsible for the event or incident and may include any of the following regarding the property where the violation exists:

1. An owner of record;

2. A manager of the property;

3. One in charge of the premises;

4. An occupant of the premises;

5. A user.

If a responsible party is a minor, then the parent(s) or guardian(s) of the minor shall be the responsible party.

C. Notice and Method of Service. Except as otherwise set forth below, whenever a notice is required to be given under this chapter, the notice shall be served by any of the following methods:

1. Personal service; or

2. Prepaid first class United States Postal Service; or

3. Posting the notice conspicuously on or in front of the property; or

4. Printed verification of notice by electronic mail (email).

Where real property is in violation of this code, written notice shall be personally served or mailed to the property owner at the address as shown on the last equalized county assessment roll available. In addition, a copy of the notice shall be conspicuously posted at the property which is in violation of this code.

Notwithstanding the method of delivery, the failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under the Sonoma Municipal Code.

D. “Penalty” refers to the fines in a resolution adopted pursuant to SMC 1.28.030 and shall include any of the following:

1. Penalty or penalties shall include both the singular and plural form;

2. Fine or fines shall include both the singular and plural form;

3. Abatement of a nuisance or violation shall include both the singular and plural form.

E. “City manager” refers to the city manager or his or her designee.

F. The administrative costs include any and all costs incurred by the city in connection with the matter before the hearing officer including, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, the services of the hearing officer, any abatement costs, costs for all inspections necessary to enforce the administrative notice and order or the administrative enforcement order, including attorneys’ fees.

1. Pursuant to Government Code Section 38773.5, when the action or proceeding is for the abatement of a nuisance, the prevailing party is entitled to recovery of attorneys’ fees and these fees may be included in the costs charged as administrative costs when the city prevails. An award of attorneys’ fees to a prevailing party shall not exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding. (Ord. 03-2018 § 3 (Exh. C), 2018; Ord. 02-2005 § 3, 2005).