Victorville Municipal Code Art. 1 Administration and Enforcement

Footnotes:

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Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, amended article 1 in its entirety to read as herein set out. Former article 1, §§ 16-6.01.010—16-6.01.180, pertained to similar subject matter. See Code Comparative Table and Disposition List for complete derivation.

The purpose of this Chapter is to provide minimum requirements and standards to safeguard life or limb, health, property and public welfare by regulating, controlling and enforcing the use and occupancy, location and maintenance of all structures, buildings, sites and equipment within this jurisdiction. It shall also provide a just, equitable and practicable method for preventing, discouraging and/or abating certain conditions which endanger the life, limb, health, property, safety or welfare of the general public and to provide City staff with precise enforcement regulations that can be effectively applied and administered in a fair, expedient, and cost efficient manner.

The provisions of this Chapter specific to housing shall apply to all buildings or portions thereof designed or intended to be used for human habitation. Such occupancies in existing buildings may be continued as provided in the Development Code, except structures that are found to be substandard as defined in this Chapter.

This Chapter and the various parts thereof are hereby declared to be severable. Should any Section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Chapter as a whole, or any portion thereof other than the Section so declared to be unconstitutional or invalid.

For the purpose of this Chapter, the term "Code Official" shall also refer to the City Manager or his/her designee, Zoning Administrator, City Planner, Building/Fire Code Official, Code Enforcement Official, Code Enforcement Officer, or any such officer designated by the City Manager with the duty to enforce this Code.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2388, § 3, 3-19-19)

For the purposes of this Chapter, the words and phrases, when used in this Chapter in relation to any referenced Code, shall have the meanings ascribed to them by the Code that is referenced.

(Ord. No. 2303, § 1, 12-3-13)

(a) Where terms are not specifically defined in this Chapter, in the Municipal Code, in any applicable statute, rule, code or regulation, or in any of the Uniform, International, or California Codes adopted and incorporated by reference by the Municipal Code, they shall have the meanings set forth by their ordinary accepted meanings within the context with which they are used. The most current edition of Webster's Third New International Dictionary of the English Language, Unabridged, shall be construed as providing ordinary accepted meanings for any duly adopted City policy or regulation.

(b) Words used in the singular include the plural and the plural the singular.

(c) Words used in the masculine gender include the feminine and words used in the feminine gender include the masculine.

(Ord. No. 2303, § 1, 12-3-13)

A Code Enforcement Officer shall have the authority and power to determine whether a violation of the Code exists and the authority to take appropriate action to gain compliance within the provisions of the Development Code or the Municipal Code and all applicable adopted codes. These powers include the power to issue notices of violation, administrative citations, abatement notices or orders, notices to appear, the power to inspect public and private property, and the ability to use administrative remedies available under the Municipal Code and adopted codes, including, but not limited to all provisions contained in Title 1.

(Ord. No. 2303, § 1, 12-3-13)

The City Manager or his/her designee, Zoning Administrator, City Planner, Building/Fire Code Official, Code Enforcement Official, and Code Enforcement Officers are authorized to enter upon any property or premises to determine whether the provisions of the Municipal Code or applicable adopted codes are being violated and to make any examinations or surveys as may be necessary in the performance of their enforcement duties. These may include taking photographs and collection of samples or other physical evidence. All inspections, entries, examinations, and surveys shall be done in a reasonable manner and under the consent of the owner or occupant unless such inspection is being conducted in situations not requiring consent.

(a) When it is necessary to conduct an inspection of occupied property to enforce the provisions of the Municipal Code and/or applicable statutes, rules, codes and regulations, or when the Code Enforcement Officer or other authorized enforcement officer has reasonable cause to believe that there exists in an occupied building or upon occupied premises a condition that is contrary to or in violation of the Municipal Code and/or applicable statutes, rules, codes or regulations, the Code Enforcement Officer or other authorized officer may enter the building or premises at reasonable times to inspect or to perform duties imposed by this Chapter provided that, if such building or premises are occupied, credentials are presented to the occupant or tenant and consent to enter for the purpose of inspection is requested and granted by the occupant or tenant, or the landlord consents to entry for inspection purposes.

(b) A Code Enforcement Officer or other authorized enforcement officer shall be permitted to inspect only those areas of the subject premises that the consenting occupant, tenant, or landlord has the authority to access and inspect themselves.

(c) If an owner, occupant, agent, or other responsible person refuses permission to enter or inspect, The City Manager or his/her designee, Zoning Administrator, City Planner, Building/Fire Code Official, Code Enforcement Official, or the Code Enforcement Officer may seek an administrative inspection warrant pursuant to the procedures provided for in the California Code of Civil Procedure Sections 1822.50 through 1822.59.

(d) To enforce the provisions of the Municipal Code, and/or applicable statutes, rules, codes or regulations, a Code Enforcement Officer or other authorized enforcement officer may inspect abandoned buildings and property without the consent of the property owner or agent having charge or control of the premises and without an inspection warrant provided that the subject property and/or building or buildings are unoccupied and have not been secured against unlawful entry.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2388, § 3, 3-19-19)

If the Code Enforcement Officer has determined that a violation of the code exists on a property, the Code Enforcement Officer shall have the authority to serve written notice of violation or order to abate public nuisance to a property owner or person in control and that notice shall contain at least the following.

(a) Name of the owner of record and person receiving the notice.

(b) The street address, parcel number or legal description of the premises where the violation exists.

(c) A statement of the violations or violations and the referenced code Sections.

(d) Include a correction order allowing a reasonable amount of time to correct, make repairs, or improvements required to bring the structure or property into compliance with the provision of this Code.

(e) Information regarding the property owner's right to appeal.

(f) A statement regarding the City's right to collect cost recovery in accordance with Section 16-6.01.140.

(Ord. No. 2303, § 1, 12-3-13)

If the Code Enforcement Officer has determined that a violation of the code has been committed and it is unrelated to any real property, the Code Enforcement Officer shall have the authority to serve written notice of violation or order to cease to desist and it shall contain at least the following.

(a) Name of the person receiving the notice.

(b) The street address, parcel number or legal description of the location where the violation has been committed.

(c) A statement of the violations or violations and the referenced code Sections.

(d) Include a correction order allowing a reasonable amount of time to correct the violation or discontinue an activity.

(e) Information regarding the person's right to appeal.

(f) A statement regarding the City's right to collect cost recovery in accordance with Section 16-6.01.140.

(Ord. No. 2303, § 1, 12-3-13)

Notices and other enforcement related materials shall be deemed properly served if a copy there of is delivered personally, either to the property owner or responsible person, posted in a conspicuous place upon the property, or sent by first class mail addressed to the last known address as provided by the county tax assessor. If no address of any such person so appears or is known to the Code Enforcement Officer, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building or premises involved in the proceedings. The failure of any person to receive such notice shall not affect the validity of any proceedings taken under this Section.

(Ord. No. 2303, § 1, 12-3-13)

Failure to comply with a notice of violation may result in the issuance of a Notice to Appear, an administrative citation, or a Notice to Abate Public Nuisance, or any other such action or proceeding pursuant to this Chapter.

(Ord. No. 2303, § 1, 12-3-13)

(a) Any person violating any of the provisions or failing to comply with any of the requirements of the Development Code, the Municipal Code, or any codes or provision adopted via reference thereunder, unless otherwise specified in particular Titles, Chapters, or Sections of this Code, shall be guilty of an infraction or misdemeanor and shall be subjected to the penalty provisions set forth in Chapter 1.04 of the Victorville Municipal Code. The City Attorney or citing officer shall have discretion to cite or charge any violation as either a misdemeanor or infraction.

(b) Any person violating provisions of the Development Code or any adopted codes may be issued an administrative citation by a Code Enforcement Officer in accordance with Chapter 1.05 of the Victorville Municipal Code.

(c) Each and every day such condition or violation continues shall be regarded as a new and separate offense.

(d) In addition to any other remedy provided in this Chapter or otherwise provided at law or in equity, any provision of the Development Code or the Municipal Code may be enforced by injunction issued by the courts upon a civil suit brought by the City of Victorville.

(Ord. No. 2303, § 1, 12-3-13)

Nothing contained in this Chapter shall prohibit the Code Enforcement Official or enforcement officer designated by the City Manager from summarily abating a nuisance which, in his judgment may immediately jeopardize the public health or safety. Before proceeding with summary abatement, the officer shall, if circumstances permit, endeavor to contact the owner of the premises involved either personally or by telephone advising him of the intention to summarily abate the nuisance. The authorized enforcement officer who made the public nuisance determination may enter upon private property within the City for the purpose of summarily abating the nuisances, dispense with notice and hearing requirements of Article 4, set forth in this Chapter, and cause City crews or private contractors to take the minimal and most reasonable and feasible actions necessary to immediately abate the activity or activities and/or conditions causing the public nuisance.

(Ord. No. 2303, § 1, 12-3-13)

Where the public nuisance conditions exist on private property, prior to ordering abatement work pursuant to this Chapter, the Code Enforcement Officer or authorized enforcement officer shall prepare a written report which sets forth in writing the facts and circumstances establishing:

(1) why advance notice of the abatement to the property owner, occupant and/or agent having charge or control is not reasonable or feasible or why prior advance notice was not effective;

(2) why the subject property constitutes a public nuisance; and

(3) why immediate abatement of the public nuisance is essential.

(Ord. No. 2303, § 1, 12-3-13)

If the City elects to perform public nuisance abatement work pursuant to this Article or if the City's enforcement actions cause the property owner or other responsible party to abate the nuisance, the owner of record of the property shall be liable for all fees and costs of abatement, including but not limited to administrative costs and attorney's fees, incurred by the City to abate the public nuisances. The availability of attorney's fees is reciprocal pursuant to Municipal Code section 1.04.015.

(Ord. No. 2303, § 1, 12-3-13)

(a) Cost recovery shall be calculated, accrued, and implemented in accordance with Chapter 1.04 of the Municipal Code.

(b) The decision of the City Manager or his/her designee or his designee is final; however, the decision can be appealed in accordance with Section 16-2.02.010.

(c) A Notice of Pendency, or notice of pending action, shall be recorded with the County Recorder by the Development Department against the subject property with a statement identifying the property as dangerous, substandard, or a nuisance property to recover costs associated with administration of a code enforcement case.

(d) A withdrawal of the Notice of Pendency shall be executed by the Development Department after all violations have been abated and after cost recovery has been paid in full.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2388, § 3, 3-19-19)

Within 10 days of receiving any administrative citation or notice issued pertaining to enforcement of this Code or the Municipal Code, the violator may submit a written request to have a hearing before the Code Enforcement Manager. A violator who is aggrieved by an administrative decisions made by the Code Enforcement Manager may appeal such decision to the Zoning Administrator or City Planner for matters pertaining to land use or the Building/Fire Code Official for matters pertaining to building, fire, and safety within 10 days. Decisions or findings made by the Zoning Administrator or the Building Official may be appealed in accordance with the provisions of Chapter 2-Article 2 of this Title.

(Ord. No. 2303, § 1, 12-3-13)

(a) Whenever a Code Enforcement Officer finds any work regulated by this Code being performed in a manner contrary to the provisions of this Code or in a dangerous or unsafe manner, the Code Enforcement Officer is authorized to issue a stop work order.

(b) It shall be a violation of this Section if any person should continue to work after being served with a stop work order, unless that work is completed under the direction of an enforcement official and is done to abate a violation or remove an unsafe condition

(Ord. No. 2303, § 1, 12-3-13)

(a) It shall be unlawful for the owner of any dwelling, structure or premise who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such a dwelling, structure, or premise to another until the provisions of the compliance order or notice of violation have been corrected.

(Ord. No. 2303, § 1, 12-3-13)

(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. Recovery of attorney's fees is reciprocal pursuant to Municipal Code section 1.04.015, which is adopted herein by reference in its entirety.

(Ord. No. 2303, § 1, 12-3-13)