Chapter 10.50 — Enforcement

Sections:

• 10.50.010 Purpose and Intent 10.50.020 Permits and Approvals 10.50.030 Enforcement Responsibility

• 10.50.040 Inspections

• 10.50.050 Violation

• 10.50.060 Legal Remedies

• 10.50.070 Remedies are Cumulative

• 10.50.080 Recover of Costs

• 10.50.090 Additional Permit Fees

• 10.50.100 Reinspection Fees

A. Purpose

The purpose of this Chapter is to establish provisions for enforcement of this Zoning Code. The steps in the process are outlined as well as the penalties involved.

B. Intent

This Chapter puts all persons on notice as to the proceedings and penalties involved if any provision of this Zoning Code is violated. [18.114.010]

A. Permits in Conflict with Zoning Code

No department, official, or public employee of the City who are assigned the authority or duty to issue certificates, permits or licenses shall comply with the provisions of this Zoning Code.

B. Permits Deemed Void

Any certificate, permit or license issued in conflict with any provision of this Zoning Code shall be null and void.

C. Existing Violations

No ministerial or discretionary certification, permit, or license shall be issued by any department, official, or public employee of the City for a structure or use subject to the requirements of this Zoning Code on a lot where the department, official, or public employee is aware that a violation of this Zoning Code exists, unless issuance of said certification, permit or license will directly result in the abatement of the violation. [18.114.020]

Tehachapi Zoning Code | October 2014 Adopted | 10-17

Chapter 10.50 Enforcement

A. Responsibility of Director

1. The Director shall exercise the authority provided in California Penal Code Section 836.5, and issue Notices of Violation, stop work orders, and citations for any violations of this Zoning Code pertaining to the use of any land, and the addition, alteration, construction, conversion, erection, installation, moving, reconstruction, or use of any structure.

2. Wherever the term Director is used in this Chapter, it shall be understood to mean the Director, or the designee(s) of the Director.

B. Police Chief and City Attorney Responsibility

The Police Chief and City Attorney shall render any and all necessary assistance to the Director for the enforcement of this Zoning Code.

A. Access

The building official may, upon the presentation of proper credentials to the occupant or owner, enter any premises or property at any reasonable time for the purpose of investigating and inspecting the premises or property in order to determine compliance with the standards of this Zoning Code.

B. Failure to Allow Inspection

1. If admission or entry is refused, the building official may apply to the district attorney or city attorney to obtain an inspection warrant. [18.114.030]

2. Failure to allow access for any inspection or reinspection may result in the denial, revocation, or voiding of the permit or approval, as applicable to the status of the permit or approval. [new]

A. Complaints Regarding Violation

Whenever a violation of this Zoning Code occurs or is alleged to have occurred, any person may file a complaint with the building official stating fully the causes and basis thereof. The complaint shall be investigated, and such action thereon as provided by this title taken as deemed appropriate. [18.114.040]

Permit, Variance, or other approval granted under the provisions of this Zoning Code have been violated, the building official shall investigate such allegations.

2. If a violation, in the opinion of the building official, has occurred, an official "Notice to Comply" and/or compliance letter may be given.

B. Noncompliance with Permit Conditions

1. Whenever a complaint has been received or any city official believes that the conditions of a Use

2. If correction of the violation(s) does not occur within the specified period, the building official may initiate revocation proceedings in accordance with the provisions of Chapter 102. [18.114.050]

The City may choose to undertake any one or all of the following legal actions to correct and/or abate any nuisances or violation(s) of this Zoning Code.

A. Civil Actions

1. Injunction. The City Attorney may seek injunctive relief in superior court to abate any violation of this Zoning Code. Injunctive relief may be sought at any time, including prior to the issuance or compliance with the Notice to Comply if, in the opinion of the building official, an alleged violation of this Zoning Code may be injurious to the public health or

safety. [18.114.070]

2. Abatement proceedings

• a) Any structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Zoning Code, or any use of structures or premises conducted, operated, or maintained contrary to the provisions of this Zoning Code or contrary to a permit or variance or the terms and conditions of an approval is declared to be unlawful and a public nuisance.

• b) The District Attorney or City Attorney shall com-

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Chapter 10.50 Enforcement

mence action or proceedings for the abatement and removal and enjoyment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant relief as will abate and remove such structure and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such structure or vehicle or using any property contrary to the provisions of this Zoning Code. [18.114.080]

3. Nuisance abatement. The City may pursue any remedies or enforcement action(s) for the abatement of a nuisance, in compliance with Municipal Code Chapter 8.20 (Health Nuisances).

2. Costs and damages. Any person violating any provisions of this Zoning Code, or any permit or approval issued in compliance with this Zoning Code, shall be liable to the City for the costs incurred and the damages suffered by the City, its agents, and agencies as a direct result of the violation(s).

3. Procedure. In determining the amount of the civil penalty to impose, the Court should consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation(s), the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by the defendant.

B. Civil Penalties and Remedies [new - necessary?]

C. Criminal Actions and Penalties

1. Civil penalties. Any person, who willfully violates the provisions of this Zoning Code, or any permit or approval issued in compliance with this Zoning Code, shall be liable for a civil penalty in compliance with the fees specified in Municipal Code 1.16 (Citation Procedures), for each day that a violation(s) continues to exist.

See Section 10.50.050 (Violation).

A. Cumulative, Not Exclusive

All remedies contained in this Zoning Code for the handling of violations or enforcement of the provisions of this Zoning Code shall be cumulative and not exclusive of any other applicable provisions of City, County, or State law.

B. Other Remedies

Should a person be found guilty and convicted of an infraction or misdemeanor for the violation of any provision(s) of this Zoning Code, or any permit or approval issued in compliance with this Zoning Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s).

This Section establishes procedures for the recovery of administrative costs, including staff and City Attorney time expended on the enforcement of the provisions of this Zoning Code in cases where no permit is required in order to correct a violation. The intent of this Section is to recover City administrative costs reasonably related to enforcement in compliance with Code of Civil Procedure Section 1033.5 and this Section.

A. Record of Costs

1. The Department shall maintain records of all administrative costs incurred by responsible City departments associated with the processing of violations and enforcement of this Zoning Code, and shall recover the costs from the property owner in compliance with this Section.

2. Staff and City Attorney time shall be calculated at an hourly rate as established and revised from time to time by the Council.

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Chapter 10.50 Enforcement

B. Notice

1. Upon investigation and a determination that a violation(s) of any of the provisions of this Zoning Code, or any condition(s) imposed on a permit or approval is found to exist, the Director shall notify the owner of record or any person having possession or control of the property by mail, of the existence of the violation(s), the Department’s intent to seek full reimbursement from the property owner for all administrative costs associated with enforcement, and of the owner’s right to a hearing on any objections they may have.

2. The notice shall be in a form approved by the City Attorney and posted on the property where the violation is located.

3. The obligation may be recovered against the property owner through a civil action initiated by the City or its authorized collection agent, or in any other manner provided for by law.

4. The City shall be entitled to recover all costs related to the civil action, including the City Attorney’s fees.

D. Attorney’s Fees

1. In any action or administrative proceeding to abate a nuisance, the prevailing party in the action or proceeding shall be entitled to recover reasonable attorney’s fees; however, the amount of attorney’s fees awarded to a prevailing party shall not exceed the amount of attorney’s fees incurred by the City in the action or proceeding.

C. Summary of Costs and Notice

1. At the conclusion of the case, the Director shall send a summary of costs associated with enforcement action (including any delinquent citation fees) to the owner and/or person having possession or control of the property by certified and first class mail.

2. The summary shall include a notice in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges for City cost recovery within 10 days of the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.

3. In the event that no request for hearing is timely filed or, after a hearing the Director affirms the validity of the costs, the property owner or person in control shall be liable to the City in the amount stated in the summary or any lesser amount as determined by the Director.

4. The costs shall be recoverable in a civil action in the name of the City, in any court of competent jurisdiction, or by tax assessment or a lien on the property in compliance with Government Code Section 54988, at the City’s election.

5. The obligation to pay any unpaid costs shall be made a personal obligation of the property owner.

6. An award of attorney’s fees in compliance with this Section shall only be allowed where the City elects, at the initiation of the action or proceeding, to seek recovery of its own attorney’s fees.

E. Request for Hearing on Costs

Any property owner, or other person having possession or control of the subject property, who receives a summary of costs shall have the right to a hearing before the Director on their objections to the proposed costs.

1. A request for hearing shall be filed with the Department within 10 days of the service by mail of the Director’s summary of costs, on a form provided by the Department.

2. Within 30 days of the filing of the request, and on 10 days written notice to the owner, the Director shall hold a hearing on the owner’s objections, and determine their validity.

3. In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include:

• a) Whether the present owner created the violation(s);

• b) Whether there is a present ability to correct the violation(s);

• c) Whether the owner moved promptly to correct the violation(s); and

• d) The degree of cooperation provided by the owner.

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Chapter 10.50 Enforcement

4. The Director’s decision shall be appealable directly to

the Council as provided by Chapter10.20 (Appeals).

Any person who establishes a land use, in conflict with the established or approved use for a property, or alters, constructs, demolishes, enlarges, erects, maintains, or moves any structure without first obtaining any permit or approval required by this Zoning Code, shall pay the additional permit processing fees in compliance with 9.10.050 (Application Fees) for the correction of the violations, before being granted a permit for a use or structure on the site.

A. Amount and Applicability of Reinspection Fees

1. A reinspection fee shall be imposed on each person who receives a Notice to Comply, notice and order, or letter of correction of any provision of the Development Code, any permit or approval issued in compliance with this Zoning Code, the Municipal Code, adopted Building Code, or State law.

• a) The fee amount shall be established in compliance with 9.10.050 (Application Fees).

• b) The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.

2. The fee shall not apply to the original inspection to document the violation(s) and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, if the correction(s) has been made.

B. Continuation of the Original Case

1. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Zoning Code or the Municipal Code for less than 180 days, the violation shall be deemed a continuation of the original case, and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee.

2. This fee is intended to compensate for administrative costs for unnecessary City inspections, and is not a penalty for violating this Zoning Code or the Municipal Code.

3. Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of this Zoning Code in compliance with Municipal Code Chapters 1.20 (General Penalty) and 1.16 (Citation Procedures), Chapter 10.51 (Penalties), or costs incurred by the City for the abatement of a public nuisance, in compliance with Municipal Code Chapter 8.28 (Property Maintenance).

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