Victorville Municipal Code Ch. 13.42 Inspections and Cost Recovery

The purpose of this chapter is to provide a means by which the city can recover the costs expended to abate those code enforcement violations of a repeated or chronic nature. The chapter is not to be directed to routine inspections, unless the property owner, after repeated contacts, has refused to abate the violation.

(Ord. 1718 § 1 (part), 1994)

Any city official or authorized representative charged with enforcement responsibilities under this municipal code, state laws or other authority, may enter and inspect any building or premises in the city whenever necessary to secure compliance with any provision of this code.

(Ord. 1718 § 1 (part), 1994)

(a) A person authorized by this chapter to enter buildings or premises may enter any dwelling between the hours of eight a.m. and five p.m., Monday through Friday, unless it is determined that a public safety hazard exists, to inspect the same or perform any duty imposed upon that official by the municipal code or by state law; provided, that the owner or the lawful occupant has consented to the inspection.

(b) If the building or premises is occupied, the inspector shall first present proper credentials and request entry; and if such building or premises is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the inspector shall obtain an inspection warrant.

(c) When the inspection official or an authorized representative shall have first obtained an inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the inspection official or an authorized representative for the purpose of inspection and examination pursuant to this code.

(Ord. 1718 § 1 (part), 1994)

(a) When this code is enforced because of violations of a repeated or chronic nature, the property owner or other responsible party shall be charged for all city costs and incidental expenses incurred in abating violations of this code, including, but not limited to: the actual costs of the city in preparing notices, correspondence, specifications and contracts; staff costs related to inspections of the property; the costs of printing and mailings; costs related to inspection warrants; costs related to office hearings and administrative adjudications; any attorney's fees expended in the abatement of the nuisance through civil action or otherwise; all costs or expenses for which the city may be liable under state law arising from or related to the nuisance action; and all costs or expenses to which the city may be entitled pursuant to Health and Safety Code Section 101325 and other statutory entitlement.

(b) Costs shall begin to accrue after the first official notice and be assessed upon expiration of time limit stated in the third official notice sent to the property owner in violation or at the conclusion of the abatement.

(c) Costs are recoverable even if the nuisance is corrected prior to a nuisance abatement hearing or an appeal hearing.

(d) The inspection official shall maintain an itemized statement of costs regarding open cases for prompt submission to the finance director or a designee.

(e) The city shall mail to the owner of the property, via certified mail, a copy of the report of expenses of the abatement together with a notice of time and place when the statement will be reviewed and confirmed by the director of the enforcing department or their designee.

(f) At the time and place fixed for receiving and considering the report, the director of the enforcing department or their designee shall review the report and any objections raised by any of the persons liable to be assessed for the cost of abating the nuisance. Prior to confirmation, the report may be revised, corrected or modified.

(g) A copy of the confirmed costs shall be provided to the property owner.

(h) The decision of the director of the enforcing department or designee is final; however, the decision can be appealed to the city council. Pursuant to the Code of Civil Procedure Section 1094.6, any action to review the decision of the director of the enforcing department shall be commenced not later than the ninetieth day after the date the costs are confirmed. The appellant will pay an appeal fee of fifty dollars to the city clerk upon submittal of the appeal to the city council. The city shall cause the reimbursement of the fifty dollars appeal fee if the appellant is successful.

(i) Confirmed costs will be billed by the finance department. Failure to pay upon request the confirmed costs of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates; and, after its recording, as thus made and confirmed, the same shall constitute a lien on the property in the amount of the assessment. After the confirmation of the report, a copy thereof shall be transmitted to the county of San Bernardino assessor's office, whereupon it shall be the duty of the tax collector to add the amounts of the assessment, or assessments, to the next regular bills or taxes levied against the respective lots and parcels of land for municipal purposes; and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

(Ord. 2216 § 1 (part), 2007; Ord. 1718 § 1 (part), 1994)

(a) The provisions of this chapter are nonexclusive and supplementary to existing rights and remedies. Nothing in this chapter shall prevent the city from commencing any appropriate action to abate a nuisance in addition to, alternatively to, or in conjunction with, the proceedings set forth in this chapter, nor shall anything in this chapter be deemed to prevent the city from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with, the proceedings set forth in this chapter.

(b) If the city commences any appropriate action to abate a nuisance, the city may recover its costs and attorney's fees as part of the judgment which may be recorded as an assessment against the property and constitute a lien thereon. This section grants specific authority to any court of competent jurisdiction to grant an award of costs and attorney's fees in favor of the city. This section for recovery of attorney's fees may be used alternatively to, or in conjunction with, the procedures set forth above; however, in no event may the city obtain a double recovery.

(Ord. 1718 § 1 (part), 1994)