Vernon Municipal Code Ch. 1.08 Code Enforcement

A. Misdemeanors. It is unlawful for any person to violate or fail to comply with any of the requirements or provisions of this Code. Any person failing to comply with any of the requirements of this Code or violating any of its provisions shall be guilty of a misdemeanor, unless that failure or violation is declared to be an infraction in this Code. Infractions shall be tried and punished pursuant to Section 19.6 of the California Penal Code.

Every offense that is prosecuted as a misdemeanor, the penalty for which is not otherwise prescribed by ordinance or in this Code, shall be punished by a fine of not more than $1,000.00 or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.

B. Any violation of this Code designated to be a misdemeanor may be charged as a misdemeanor or infraction by the prosecuting agency, when such reduction is deemed to be in the best interests of the City and of justice.

C. Each person shall be guilty of a separate offense for each and every day, or portion thereof, for any violation or provision of this Code that is committed.

D. Infractions. Every violation determined to be an infraction is punishable by: (1) a fine not exceeding $100.00 for a first violation; (2) a fine not exceeding $200.00 for a second violation of the same ordinance within one year; (3) a fine not exceeding $500.00 for each additional violation of the same ordinance within one year.

E. Notwithstanding any other provisions of law, a violation of local building and safety codes determined to be an infraction is punishable by: (1) a fine not exceeding $130.00 for a first violation; (2) a fine not exceeding $700.00 for a second violation of the same ordinance within one year; (3) a fine not exceeding $1,300.00 for each additional violation of the same ordinance within one year of the first violation; and (4) a fine not exceeding $2,500.00 for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

F. Pursuant to California Penal Code Section 836.5, City code enforcement officers are authorized to issue criminal citations following the procedures set forth in California Penal Code Sections 853.5 through 853.6a, or such other procedures as the State of California may subsequently enact.

G. Pursuant to California Government Code Section 36900, the City Attorney may prosecute any violation of this Code in the name of the People of the State of California.

H. Whenever in this Code any act or omission is made unlawful, it includes causing, permitting, aiding, abetting, maintaining, suffering or concealing the fact of such act or omission.

I. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of this Code is deemed a public nuisance and may be abated as such by the city in any manner provided by law or in this Code for the abatement of a nuisance.

J. The owner of any property, building or structure within the City has the responsibility for keeping such property, building or structure free of violations related to its use or condition. The owner of such property, building or structure is separately liable for violations committed by tenants or occupants related to the use or condition of the property.

K. Land Use Permit or Approval Violations.

1. Each person or the successor of each person who holds a land use permit, approval, or license issued by the City shall comply with each provision of the permit, approval, or license and with each term that is imposed as a condition to the exercise of the permit, approval, or license.

2. Each person who violates paragraph 1 of this subsection is guilty of a misdemeanor and may be punished as provided in this section. The penalty provided in this section is in addition to other provisions of this Code that provide for revocation of the permit, approval, or license or authorize the imposition of a civil fine or penalty.

L. The City Attorney, at the direction of the City Council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate any condition found to be in violation of this Code or any approval, order, rule or regulation issued by any duly authorized officer or agent of the City in the manner provided by law.

M. Pursuant to Government Code Section 38773.5, in any action, administrative proceeding, or special proceeding brought to abate a public nuisance, the prevailing party will be entitled to recover attorney's fees, provided that attorney's fees will only be available in those actions or proceedings in which the City has provided notice at the commencement of such action or proceeding that it intends to seek and recover its own attorneys' fees. In no action or proceeding shall an award of attorneys' fees exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.

(Prior code § 1.8; Ord. 1308, 9/16/2025)

The Director, or appropriate enforcement official, may elect to, at its discretion, proceed either under this chapter or under any other applicable Municipal Code provisions (or both) and/or pursue any legal remedy available under the law to abate public nuisances and enforce the Vernon Municipal Code and municipal permits, licenses, and approvals. Administrative remedies may be pursued in lieu of, or in combination with (either concurrently or in any sequence), any other legal remedy, criminal or civil, which may be pursued by the City to address any violation of this Code. The City may elect to pursue any legal remedy, criminal or civil, in lieu of pursuing administrative remedies to address any violation of this Code. The City Attorney, City Prosecutor, or any Assistant City Attorney or Assistant City Prosecutor, or designated special counsel, has sole discretion to determine whether a violation will be prosecuted criminally.

(Prior code § 1.8-1(a); Ord. 1308, 9/16/2025)

For purposes of Chapter 1.08 and Chapter 8.20, the following words and phrases shall have the following meanings and provide the following procedures, unless the context otherwise requires:

"Designee"

means a person authorized by a responsible entity or party, or by the director or enforcement official, to act on its behalf for purposes of administrative enforcement.

"Director"

means each of the Director of Public Works, the General Manager of Public Utilities, the Director of Health and Environmental Control, the Chief of the Fire Department and the Chief of the Police Department, individually.

"Enforcement official"

means any person authorized to enforce the provisions of the Vernon City Code, including, but not limited to, City Attorney, City Police, fire officials, employees of the Public Works Department, employees of the Public Utilities Department, employees of the Health and Environmental Control Department, Code enforcement officers, and any other person authorized by the City Attorney.

"Legal interest"

means any interest that is represented by a deed, deed of trust, lease, rental agreement, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument that is recorded with the County Recorder, including, but not limited to, the County Tax Assessor's roll.

"Responsible person"

means any person or entity whom the Director or enforcement official determines is responsible for causing or maintaining a violation of this Code. The term "responsible person" includes, but is not limited to, a property owner, tenant, occupant, person with another legal interest in real property, person in possession of real property, or a designated legal representative. The pronoun "it" shall include male and female genders.

"Service"

means the delivery of a compliance order, administrative citation, civil penalty notice and order, or notice to abate as follows:

If the responsible person is a corporation, the Director or enforcement official, or their designee, may personally serve any one of the following individuals, and shall attempt to obtain the signature of that individual on any compliance order, administrative citation, civil penalty notice and order, or notice to abate: the president or other officer of the corporation, a general manager, or an agent authorized by the corporation to receive service of process in a civil action. In the alternative, if the office address of any of the above-listed individuals is known to the City, the compliance order, administrative citation, civil penalty notice and order, or notice to abate, may be mailed to that address by certified mail, return receipt requested, and also delivery by first class mail. Notwithstanding that if delivery by certified mail is refused or returned unsigned, such notice by regular mail shall be deemed sufficient for purposes of this definition.

If the responsible person is a limited liability company, the Director or enforcement official, or their designee, may personally serve the managing member, other manager of the business, or an agent authorized by the limited liability company to receive service of process in a civil action, and shall attempt to obtain the signature of that individual on any compliance order, administrative citation, civil penalty notice and order, or notice to abate. In the alternative, if the office address of any of the above-listed individuals is known to the City, the compliance order, administrative citation, civil penalty notice and order, or notice to abate, may be mailed to that address by certified mail, return receipt requested, and also delivery by first class mail. Notwithstanding that if delivery by certified mail is refused or returned unsigned, such notice by regular mail shall be deemed sufficient for purposes of this definition.

If the responsible person is a business other than a corporation, or limited liability company, the Director or enforcement official, or their designee, may personally serve the general partner, if a partnership, or business owner or manager of the business, and shall attempt to obtain the signature of that individual on any compliance order, administrative citation, civil penalty notice and order, or notice to abate. In the alternative, the compliance order, administrative citation, civil penalty notice and order, or notice to abate shall be mailed to the business address by certified mail, return receipt requested, and also by first class mail. Notwithstanding that if delivery by certified mail is refused or returned unsigned, such notice by regular mail shall be deemed sufficient for purposes of this definition.

If the responsible person is an individual or doing business as an individual, the Director or enforcement official, or their designee, may personally serve that individual, or manager of the business, and shall attempt to obtain the signature of the recipient on any compliance order, administrative citation, civil penalty notice and order, or notice to abate. In the alternative, the compliance order, administrative citation, civil penalty notice and order, or notice to abatement shall be mailed by certified mail, return receipt requested, and also by first class mail. Notwithstanding that if delivery by certified mail is refused or returned unsigned, such notice by regular mail shall be deemed sufficient for purposes of this definition.

If a responsible person or person served refuses or fails to sign the compliance order, administrative citation, civil penalty notice and order, or notice of abatement, the failure or refusal to sign shall not affect the validity of the compliance order, administrative citation, civil penalty notice and order, or notice to abate, or of subsequent proceedings.

If the Director or enforcement official, or their designee, does not succeed in serving the responsible person by any of the methods detailed above, the Director or enforcement official, or their designee, shall post the compliance order, administrative citation, civil penalty notice and order, or notice of abatement on any real property within the City in which the City has knowledge that the responsible person has a legal interest, and such posting shall be deemed effective service. If the City has no knowledge that the responsible person has a legal interest in any real property within the City, the Director or enforcement official, or their designee, shall cause the compliance order, administrative citation, civil penalty notice and order, or notice of abatement to be published for four successive weeks in a newspaper of general circulation within the City used for publishing public notices, which shall be deemed effective service.

(Prior code § 1.8-1(b); Ord. 1308, 9/16/2025)

A. Request for Administrative Hearing. A responsible person to whom a compliance order, administrative citation, or civil penalty notice and order is issued, its designee, may contest the compliance order, administrative citation, or civil penalty notice and order no later than 30 days from the date of service by: (1) completing a City approved request for hearing form and returning it to the department specified on the compliance order, administrative citation, or civil penalty notice and order; and (2) either deposit the administrative citation amount or civil penalty amount with the City or provide notice that a request for an advance hardship waiver deposit has been filed pursuant to subsection B. A request for hearing form may be obtained from the department specified in the compliance order, administrative citation, or civil penalty notice and order. Notices shall be mailed to the address designated on the request for hearing form.

B. Advance Deposit Hardship Waiver A responsible person, or their designee, which requests a hearing to contest a compliance order, administrative citation, or civil penalty notice and order and who is financially unable to deposit the administrative citation amount or civil penalty amount as required in this section may file a request for an advance deposit hardship waiver. The request shall be filed with the Department of Finance on an advance deposit hardship waiver application form, available from the Department of Finance, no later than 30 days after service of the compliance order, administrative citation, or civil penalty notice and order. The Finance Director may issue an advance deposit hardship waiver only if the responsible person requesting the waiver submits to the Finance Director a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the Finance Director the responsible person's financial inability to deposit with the City the full amount of any citation amount or civil penalty amount in advance of the hearing. The Finance Director shall issue a written decision granting or denying the request for the waiver within 15 calendar days after receiving the application for the waiver. Any decision to deny the waiver application shall specify the reasons for the denial. The decision shall be served upon the person requesting the waiver by certified mail, return receipt requested. If the Finance Director denies the application for the waiver, the responsible person, or their designee, shall remit the full amount of any citation or civil penalty to the City within 10 days of receipt of the Finance Director's written decision. Failure to submit the full amount of any citation or civil penalty within the 10-day period shall invalidate the request for administrative hearing. Should a request for an advance deposit hardship waiver be denied, the applicant may appeal that decision to the City Administrator for a final determination. The appeal must be in writing and received by the City Clerk within 15 days from the denial. The appeal must include a copy of the advance deposit hardship waiver request, the reason for the denial, and detailed information on why the applicant believes the appeal should be granted. The City Administrator will review the information submitted by the applicant as soon as practicable. For all appeals, the decision of the City Administrator is final.

C. Time for Administrative Hearing. After a request for hearing form is filed, and the responsible person, or designee, requesting the hearing has either deposited the citation amount or civil penalty amount in full or obtained an advance deposit hardship waiver, the City shall set the date and time for an administrative hearing. The hearing shall be set for a date not less than 15 days nor more than 60 days after the request for hearing form is filed and the citation amount or civil penalty amount, or advance deposit hardship waiver if issued, is deposited with the City. The City shall send notice of the date, time, and place of the hearing to the person requesting the hearing by certified mail, return receipt requested, at least 10 days before the date of the hearing. Any documentation, other than the compliance order, administrative citation, or civil penalty notice and order, which the director or enforcement official has submitted or will submit to the hearing officer shall be served on the person requesting the hearing by certified mail, return receipt requested, at least five days before the date of the hearing.

D. Request for Continuance of Hearing. The responsible person, or their designee, may request one continuance, but in no event may the hearing begin later than 90 days after the request for hearing form is filed, and the citation amount or civil penalty amount is deposited or an advance deposit hardship waiver is issued, with the City.

E. Appointment of Administrative Hearing Officer or Local Appeals Board.

1. The City Attorney, or their designee, shall establish procedures for the selection of an administrative hearing officer for appeals of compliance orders, administrative citations, and/or civil penalties that do not arise from violations of Title 15 of this Code and the codes adopted in Title 15. Administrative hearing officers shall be selected in a manner that avoids the potential for pecuniary or other bias. In no event shall the administrative hearing officer be the Director or the enforcement official who issued the compliance order, administrative citation, or civil penalty notice and order. The compensation, if any, of the administrative hearing officer shall be paid by the City. Compensation shall not be directly or indirectly conditioned upon whether or not the compliance order, administrative citations, or civil penalty notice and order is sustained by the administrative hearing officer.

2. The Local Appeals Board shall hear appeals of compliance orders, administrative citations, and/or civil penalties arising from violations of Title 15 of this Code and the codes adopted in Title 15. The Local Appeals Board shall consist of three members appointed by the City Council. The members of the Local Appeals Board shall not be employees of the City and shall be knowledgeable in the applicable building codes, regulations, and ordinances as determined by the City Council. If the Local Appeals Board is not established as set forth above, the City Council shall serve as the Local Appeals Board. When the appeal of a compliance order, administrative citation, and/or civil penalty involves violations of Title 15 of this Code, including the codes adopted in Title 15, and any other provision of this Code, the entire appeal shall be heard by the Local Appeals Board.

F. Procedures at Administrative Hearing. In the event that the Director or enforcement official will seek fines in excess of $100,000.00 then the California Administrative Procedures Act will apply. Otherwise, administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of its case, to cross-examine witnesses and to argue its position. The City bears the burden of proof at an administrative hearing to establish a violation of the City Code. The compliance order, administrative citation, or civil penalty notice and order, and any additional reports submitted by the Director or enforcement official shall constitute prima facie evidence of the facts contained in those documents. The administrative hearing officer or Local Appeals Board must use preponderance of evidence as the standard of evidence in deciding the issues.

G. Failure to Attend Administrative Hearing. If the responsible person, or representative, fails to attend the scheduled hearing, the hearing will proceed without the responsible person, or representative, and the responsible person will be deemed to have waived his or her right to participate in an administrative hearing. Notwithstanding this waiver and the time limits set forth in subsection C, if service of the compliance order, administrative citation, or civil penalty notice and order is made by posting on real property and the responsible person, or designee, provides verifiable and substantial evidence that removal of the notice from the property by an unknown third party caused the responsible person's failure to timely request an administrative hearing, the responsible person shall be entitled to an administrative hearing.

H. Decision of Administrative Hearing Officer. No later than 30 days after the date on which the administrative hearing concludes the administrative hearing officer or Local Appeals Board shall issue a written decision to uphold or cancel the compliance order, administrative citation, or civil penalty notice and order. The administrative hearing officer or Local Appeals Board shall set forth the findings supporting the decision. The decision shall be served upon the responsible person, or their designee, by certified mail, return receipt requested, at the address designated on the request for hearing form. If the administrative hearing officer or Local Appeals Board sustains the compliance order, administrative citation, or civil penalty notice and order, the City shall retain any applicable citation amount or civil penalty amount deposited by the responsible person. If the administrative hearing officer or Local Appeals Board sustains the compliance order, administrative citation, or civil penalty notice and order, and any applicable citation amount or civil penalty amount has not been deposited pursuant to an advance deposit hardship waiver, the administrative hearing officer or Local Appeals Board shall specify in the decision a payment schedule for any applicable citation amount or civil penalty amount. If the administrative hearing officer or Local Appeals Board quashes the compliance order, administrative citation, or civil penalty notice and order, any applicable citation amount or civil penalty amount deposited with the City shall be promptly refunded. The administrative hearing officer's or Local Appeals Board's written decision is final and conclusive.

I. Administrative Costs. The administrative hearing officer or Local Appeals Board shall assess against the cited responsible person administrative costs for any compliance order, administrative citation, or civil penalty notice and order that is upheld. The administrative costs include any and all costs incurred by the City in connection with investigating the violation for which the compliance order, administrative citation, or civil penalty notice and order was issued, and issuing and processing the compliance order, administrative citation, or civil penalty notice and order, including, but not limited to, investigative costs, staffing costs for preparing and conducting the administrative hearing and the cost of the administrative hearing, as established by City Council resolution. The decision upholding the compliance order, administrative citation, or civil penalty notice and order shall specify the amount of administrative costs and the date by which the costs must be paid to the City.

(Prior code § 1.8-1(c); Ord. 1308, 9/16/2025)

A. Compliance Order. Whenever the Director or the Director's designee determines that there exists a continuing violation of any provision of this Code, the Director or the Director's designee may issue or cause to be issued a written compliance order to any responsible person.

B. Content of Compliance Order. A compliance order shall contain all of the following information:

1. The date, approximate time, and location of the violation observed.

2. The City Code section violated, and a description of in what way the section was violated.

3. The action required to correct the violation and the date by which such action must be completed. The date for compliance shall not be less than five business days from the date the compliance order is served.

4. The consequences of failing to correct the violation, including a description of the hearing and appeal procedures as provided by Section 1.08.040 of this chapter.

5. The time period after which administrative penalties will begin to accrue if there is no compliance with the order.

6. The amount of the penalty that will be imposed if there is no compliance with the order.

7. Notice that a violation of the Vernon City Code is also a misdemeanor and is punishable by a fine of not more than $1,000 or by imprisonment in the County Jail of not more than six months, or by both such fine and imprisonment as provided in Chapter 1.08 of this Code.

C. Procedure for Serving a Compliance Order. The Director, or the Director's designee, shall serve or cause a compliance order to be served as provided in Section 1.08.030 of this chapter.

D. Compliance Order Satisfied. If the Director or the Director's designee determines that all violations specified in the compliance order have been corrected within the time set forth in the order, no further action shall be taken against the responsible person regarding the violation(s).

E. Failure to Comply with Compliance Order. If the responsible person fails to correct each violation identified in the compliance order within the time specified in the compliance order, the City may use any other legal remedy available to gain compliance with the compliance order. Additionally, no actions undertaken in this section shall preclude the City from criminally prosecuting any responsible person for any violation that has not been corrected within the time specified in the compliance order.

(Prior code § 1.8-2)

A. Administrative Citation. Any person violating any section of this Code may be issued an administrative citation by an enforcement official as provided in this section. Each and every day a violation of any provision of this Code exists constitutes a separate and distinct violation.

B. Content of Administrative Citation. An administrative citation shall contain all of the following information:

1. The date and location of the violation and the approximate time the violation occurred.

2. The Code section violated and a description of in what way the section was violated.

3. The amount of the fine imposed for the violation, and the time within which and the place at which the fine shall be paid.

4. An order prohibiting another occurrence of the Code violation.

5. A description of the administrative hearing and appeal procedures as provided by Section 1.08.040, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation.

6. The name and signature of the citing enforcement official.

C. Procedure for Serving Administrative Citation. An enforcement official, or designee, may issue an administrative citation, on a form approved by the City Administrator, to a responsible person, as provided in the service provisions set forth in Section 1.08.030.

(Prior code § 1.8-3(a)—(c))

A. Amount. The fine imposed pursuant to Section 1.08.060(B)(3) for a particular violation shall be in the amount set forth in the administrative citation schedule established by resolution of the City Council. The administrative citation schedule shall specify the amount of any late payment charges imposed for failure to timely pay the fine.

B. Payment of Administrative Fine. The administrative fine shall be paid to the City within 30 days from the date of service of the administrative citation. If, after a hearing requested pursuant to subsection C, the hearing officer or Local Appeals Board determines that the administrative citation should be cancelled, the administrative fine shall be refunded in accordance with Section 1.08.040H.

C. Hearing and Appeal. Any responsible person may make a request for a hearing and appeal pursuant to the provisions of Section 1.08.040.

D. Late Payment Charges. Any person who fails to pay to the City on or before the due date for any administrative fine imposed pursuant to this Code or any administrative costs imposed by an administrative hearing officer or Local Appeals Board, shall be liable for the payment of any applicable late payment charges set forth in the administrative citation schedule established by resolution of the City Council. Failure to pay such fine or administrative costs shall be a violation of this Code.

E. Collection of Administrative Fine. The City may collect any past-due administrative fine, administrative costs reimbursement, or late payment charge through use of any available legal remedy.

F. Failure to Pay Administrative Fine. Failure to pay an administrative fine imposed by this Code or any administrative costs imposed by an administrative hearing officer is a violation of this Code and is a misdemeanor. Filing a criminal misdemeanor action does not preclude the City from using any other legal remedy available to gain compliance.

(Prior code § 1.8-3(d)—(i); Ord. 1308, 9/16/2025)

A. Purpose and Intent. The City Council finds that there is a need for alternative methods of enforcement of the Vernon City Code. The City Council further finds that the assessment of civil penalties for Code violations is a necessary additional method of Code enforcement which will augment the City's existing code enforcement remedies. The administrative assessment of civil penalties established in this section is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of the City Code.

B. Authority.

1. Any person violating any provision of the City Code may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in this section.

2. Each and every day a violation of any provision of this Code exists constitutes a separate and distinct violation.

3. Civil penalties may be directly assessed by means of a notice and order issued by the enforcement official.

4. Civil penalties for violation of any provision of this Code shall be assessed at a daily rate determined by the enforcement official pursuant to the criteria listed in subsection D. The maximum penalty shall be $2,500.00 per violation per day. The maximum amount of civil penalties shall not exceed $100,000.00 annually for any series of violations.

C. Procedures—Notice and Order.

1. Whenever the enforcement official determines that a violation of one or more provisions of this Code has occurred and continues to exist, a written civil penalties notice and order may be issued to the responsible person and/or its business entity as provided in the service provisions set forth in Section 1.08.030.

2. The notice and order shall identify all Code sections violated and describe, in reasonable detail, in what way each section is being violated.

3. The notice and order shall identify any dates, locations, and approximate times that any violations were observed.

4. The notice and order shall describe all remedial action required to permanently correct outstanding violations and demand that the responsible person and/or its business entity cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate City departments.

5. The notice and order shall establish a daily amount of civil penalties as determined by the enforcement official pursuant to the criteria listed in subsection D.

6. The notice and order shall identify a date when the civil penalties began accruing, impose an ongoing assessment of penalties for continuing violations until the violations are corrected, and shall establish a date by which the civil penalty must be paid. If, after a hearing pursuant to subsection F, the hearing officer or Local Appeals Board determines that the civil penalty should be cancelled, the payment shall be refunded in accordance with Section 1.08.040H of this Code.

7. The notice and order shall specify that the administrative assessment of civil penalties established in this section is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of the City Code.

8. The notice and order shall provide notice of the hearing and appeal procedures set forth in Section 1.08.040.

9. The notice and order shall identify the factors used by the enforcement official in determining the duration and the daily amount of civil penalties.

D. Determination of Civil Penalties.

1. In determining the date when civil penalties begin to accrue, the enforcement official may consider the date when the City first discovered the violations as evidenced by the issuance of a notice of violation or any other written correspondence.

2. The assessment of civil penalties shall end when all action required by the notice and order has been completed.

3. In determining the amount of the daily civil penalty, the enforcement official may consider some or all of the following factors: (a) the duration of the violation; (b) the frequency or recurrence of the violation; (c) the seriousness of the violation; (d) the history of the violation; (e) the responsible person's conduct after issuance of the notice and order; (f) the reasonable and good faith effort by the responsible person to comply; (g) the economic impact of the penalty on the responsible person; (h) the impact of the violation upon the community; (i) any other factors that justice may require.

4. The enforcement official has the authority to establish a penalty schedule to use as a guideline in determining the amount of civil penalties to be assessed in each individual case. The enforcement official shall also establish criteria and procedures for the application of this penalty schedule.

E. Failure to Comply with the Civil Penalty Notice and Order. Upon the failure of the responsible person, or its business entity, to comply with the terms and deadlines set forth in the civil penalty notice and order, the enforcement official may use all appropriate legal means to recover the civil penalties and obtain compliance, including injunctive relief in a court of competent jurisdiction.

F. Hearing and Appeal. Any responsible person may make a request for a hearing and appeal pursuant to the provisions of Section 1.08.040.

G. Late Payment Charges. Any responsible person, or entity, who fails to pay to the City on or before the due date any civil penalty imposed pursuant to this Code or any administrative costs imposed by an administrative hearing officer or Local Appeals Board, shall be liable for the payment of any applicable late payment charges set forth in the penalty schedule established by resolution of the City Council. Failure to pay such civil penalty or administrative costs shall be a violation of this Code.

H. Collection of Civil Penalties. The City may collect any civil penalties, administrative cost reimbursement, through use of any available legal remedy.

I. Failure to Pay a Civil Penalty. Failure to pay a civil penalty imposed by this Code or any administrative costs imposed by an administrative hearing officer is a violation of this Code and is a misdemeanor. Filing a criminal misdemeanor action does not preclude the City from using any other legal remedy available to gain compliance.

(Prior code § 1.8-4; Ord. 1308, 9/16/2025)

A. Purpose. The purpose of this section is to provide qualifying individuals that have received administrative citations or civil penalties payment options related to their specific case and citations or penalties.

B. Responsibility. Eligibility for an administrative citation or civil penalty payment plan is determined by the Director of Public Works.

C. Scope. Fee payment plans only apply to administrative citations, civil penalties, vacant building monitoring fees and multifamily inspection program ordinance fees.

D. Payment Plan Application Procedures.

1. Fee payment plans may only be applied for by parties that have a minimum of $100.00 in fees due to the City. Payment plans may only be applied for when the applicable code violation is abated or the applicable party has submitted a plan of abatement including a date of abatement compliance in writing to the code enforcement division. The plan of abatement shall be approved by the code enforcement division and abatement commenced per the abatement plan prior to approval of the fee payment plan. If the abatement plan is not followed at any time the payment plan agreement will become void.

2. Fee payment plans shall be applied for in writing with the administrative citation and/or civil penalty fee payment plan application accompanied by any other needed material to support the need for the payment plan.

3. Fee payment plan applications shall be submitted to the City Clerk to distribute to the Director of Public Works. If the application is reviewed and approved by the Director of Public Works for initiation of a payment plan, a payment plan agreement shall be completed. The fee payment plan agreement shall be signed by the responsible party and the Director of Public Works.

4. Submittal of an administrative citation fee and/or civil penalty payment plan application does not delay or stop any future code enforcement notices, citations and/or fees from being issued.

5. The first payment due per the fee payment plan agreement shall be received within 30 days from signing of the agreement. Payment plans may be valid for up to a two-year period and all applicable fees shall be paid within the approved period. Payments shall be completed with regular monthly installments.

6. If, at any time, a payment is not received as required by the payment plan agreement without prior notice and approval, it will be a breach of the agreement and the City may pursue any available legal remedy.

7. All payments shall be submitted directly to the Finance Department for recordation. A copy of payment receipt shall be given to the code enforcement division for tracking purposes.

E. Financial Hardship. An example of parties that may be granted approval for fee payment plans are as follows. This is not an all-inclusive list but includes examples of possible qualifying parties:

1. The requesting party is a non-profit organization;

2. Parties receiving government issued unemployment compensation;

3. Low income classified parties;

4. Parties participating in federal public housing/Section 8 programs;

5. Persons participating in food stamp programs;

6. Seniors (65 or older);

7. Parties receiving Medicaid or Supplemental Security Income (SSI);

8. Parties on active military duty; or

9. Parties who have claimed the Earned Income Tax Credit (EIC) on their state or federal income tax returns in the current year.

F. Appeal of Denied Payment Plan Application. Should a request for the fee payment plan be denied by the Director of Public Works, the applicant may appeal that decision to the City Administrator for a final determination. The appeal must be in writing and received by the City Clerk within 15 days from the denial. The appeal must include a copy of the fee payment plan application, the reason provided for the denial and detailed information on why the applicant believes the appeal should be granted. The City Administrator will review the information submitted by the applicant as soon as practicable. For all appeals, the decision of the City Administrator is final.