Windsor Municipal Code Art. 4 Administrative Notice and Order

The purpose and intent of this article is to effectively enforce violations of this Code committed on a continuing or ongoing basis. This article is adopted pursuant to Government Code Sections 36900 and 53069.4. for the purpose of making any violation of this Code subject to administrative fines, remedies, and penalties, and to redress and enforce violations of this Code that constitute public nuisances through a nuisance abatement mechanism. This article shall be used at the sole discretion of the Town.

(Ord. No. 2022-359, § 3, 3-2-2022)

As used in this article:

Administrative costs means any and all costs incurred by the Town 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, and attorneys' fees.

Code means the Town of Windsor Municipal Code, Building Code, Zoning Code, and any uniform codes that have been incorporated into this Code by reference.

Enforcement officer means Town of Windsor employee, contractor, or agent of the Town authorized to enforce any provision of this Code or this article.

Fines. For purposes of this article, "fine" or "fines" refers to any fines, fees, or penalties assessed or imposed by the Town or order of the hearing officer under this article, not including administrative costs.

Person means a natural person or legal entity.

Responsible person means a person or person's agent, employee, or independent contractor, including a property owner, property manager, tenant, subtenant, occupant, or any person in possession of property where a property-related code violation occurs, who causes, permits, allows, maintains, contributes, conceals, or aids or abets a code violation to occur. Each responsible party shall be jointly and severally liable for any and all fines, fees, and penalties awarded, upheld, assessed, or imposed under this article.

Town Manager means the Town Manager of the Town of Windsor or his or her designee.

(Ord. No. 2022-359, § 3, 3-2-2022)

Except as otherwise specified in this Code, the fines for administrative violations of this Code shall be as follows:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation.

2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one (1) year.

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one (1) year.

(Ord. No. 2022-359, § 3, 3-2-2022)

A. Whenever a code enforcement officer determines that a violation of a provision of this Code has occurred, the code enforcement officer may issue an administrative notice and order to the responsible party for the violation.

B. Each administrative notice and order shall contain the following information:

1. Date of violation or date violation is identified and address or definite description of the location of the violation(s), such as the street address or tax assessor parcel number (APN);

2. The Code sections or conditions violated and a description of the violation(s);

3. A description of the action necessary to correct the violation and reasonable time to correct the violation prior to the imposition of fines, except as otherwise allowed by Government Code Section 53069.4. The reasonable time shall be determined in the judgment of the enforcement officer, based upon the circumstances of the particular nuisance, taking into consideration the means required to abate the nuisance, the period of time that the nuisance has existed, and the potential threat to public health and safety created by the nuisance;

4. The amount of the fine for the Code violation(s);

5. An explanation of how the fine shall be paid, the time period by which it shall be paid, and the consequences of failure to pay the fine;

6. An order prohibiting the continuation or repeated occurrence of the violation and an explanation of the consequences for failing to correct the violation, including that a separate violation exists for each and every calendar day any violation of any provision of this Code is committed, continued, or permitted;

7. A description of the administrative review procedures, including the time, date and place of the hearing, which shall be no less than ten (10) calendar days after the date of the administrative notice and order. The description shall also state that the purpose of the hearing will be to make a determination on the existence of the violation(s), public nuisance, and on whether to adopt the administrative order, including the imposition of fines and administrative costs under this article;

8. The name, date, and signature of the issuing enforcement officer; and

9. A statement that any violation of this Code is deemed to constitute a public nuisance, which if not corrected or abated as required under this administrative notice and order may be found to exist and ordered to be abated after a public hearing, with abatement and related administrative costs being imposed on the responsible person and/or property owner, and collected judicially, or by special assessment or tax collection or lien, as provided under this Code.

C. Nothing in this article shall preclude, limit, prohibit, restrict, or otherwise prevent the Town under this Code or state or federal law from taking immediate action, including the immediate issuance of an administrative citation, administrative notice and order, or summary abatement, for violations of this Code that pertain to continuing or ongoing building, plumbing, electrical or other similar structural or zoning issues that create an immediate danger to health or safety.

(Ord. No. 2022-359, § 3, 3-2-2022)

A. If the responsible person does not comply with the administrative notice and order within a reasonable time designated in the notice and order, the code enforcement officer may file in the office of the county recorder a certificate describing the property and certifying the following:

1. That the building, structure, or property is in violation of this Code; and

2. That the owner has been so notified.

B. This certificate may be filed either prior to the administrative hearing designated in the administrative notice and order, or prior to any continuance thereof, or within a reasonable time following the issuance of the hearing officer's decision pursuant to Section 1.30.090.

C. Whenever the corrections ordered in the administrative notice and order have been abated, repaired, or corrected to the extent that a violation no longer exists, the code enforcement officer shall file, or cause to be filed, with the county recorder or, in lieu of such filing, provide to the property owner with notice a new certificate certifying that the building, structure, or property has been brought into compliance with the administrative notice and order, or that all required corrections have been made so that the building, structure, or property conforms to the requirements contained in the administrative notice and order.

(Ord. No. 2022-359, § 3, 3-2-2022)

A. Service of the notices under this article shall be made by any of the following methods:

1. Personal service; or

2. Both prepaid first class United States Postal Service and posting the notice conspicuously on or in front of the property.

B. 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 most current publicly available equalized county property tax assessment roll. In addition, a copy of the notice shall be conspicuously posted at the property which is in violation of this Code.

C. 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 this Code.

(Ord. No. 2022-359, § 3, 3-2-2022)

A. The purpose of the hearing is to provide a review of the administrative notice and order by a hearing officer and an opportunity to the person subject to a notice and order to object to the determination that a violation has occurred and/or that the violation has continued to exist or that a public nuisance exists.

B. Hearing Officer. The Town Manager shall be authorized to assign a hearing officer to any person or persons, qualified by training or experience, whom the Town Manager may appoint or who are retained by contract to conduct such hearings. The hearing officer may be, but is not required to be, a Town employee.

C. The hearing officer shall only consider evidence that is relevant to whether the violation occurred, the severity of the violation, and/or whether a public nuisance exists, whether the recipient of the notice and order is the responsible party, and the administrative costs incurred by the Town. Such relevant evidence includes, without limitation, staff reports or presentations, oral, physical, and documentary evidence regarding the alleged violation(s), proposed method of abatement, if any, and administrative costs incurred by the Town.

D. The hearing is intended to be informal in nature. Formal rules of evidence and discovery do not apply. The Town Manager may, from time to time, adopt procedures for the format and proceedings of the administrative hearing. The person contesting the administrative notice and order shall be given the opportunity to testify and present witnesses and evidence. The Town shall have the burden of proof by preponderance of the evidence to establish that the responsible person committed the violation specified in the notice and order.

E. Each witness, prior to providing oral testimony, shall be sworn by the hearing officer or his or her designee. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of the party's cause.

F. The failure of a responsible party named in an administrative notice and order to appear at the administrative notice and order hearing shall constitute a failure to exhaust the party's administrative remedies.

G. On the hearing officer's own discretion or upon request by any party, the hearing officer may continue the hearing and request additional information from any person or witness prior to issuing a written decision. Notice of the continued hearing must be given to each party and shall include the time, date, and place to which the hearing is to be continued.

(Ord. No. 2022-359, § 3, 3-2-2022)

A. After considering all of the testimony and evidence submitted at the hearing or continued hearing, the hearing officer shall issue a written decision setting forth the findings supporting the decision within fifteen (15) calendar days of the hearing, unless the hearing officer determines good cause exists to extend such time. The decision is to be entitled "administrative enforcement order" and shall either uphold or cancel the administrative notice and order as to each named responsible party. The decision shall list the findings in support of the decision and the imposition of administrative costs and/or fines. When the administrative enforcement order directs the abatement of a violation, including a nuisance, the violation may be corrected or abated as authorized within this article or as otherwise permitted by law.

B. If the hearing officer determines that a public nuisance exists, then the written decision shall also include:

1. A description of the nuisance, which, if based upon a violation of this Code, shall identify the provision being violated, including the factual findings and determinations supporting the decision; and

2. An order to correct or abate the nuisance by a certain date, which if not complied with shall direct that the Town take those steps necessary and authorized by law to enter onto the property and abate the nuisance at the cost of the property owner through a special assessment or lien as provided by this Code.

C. When the administrative enforcement order directs that the nuisance be corrected or abated, it shall also impose the fines and assess administrative costs against each responsible party incurred up to the date of the administrative hearing. The administrative enforcement order shall include notice to each responsible party that administrative costs incurred up to the date of the administrative hearing may become the subject of a lien or special assessment against the property where the violations occurred and payment is not received for such administrative costs within thirty (30) calendar days of date of the order.

D. If the hearing officer determines that the administrative notice and order should be upheld as to a responsible party, then the hearing officer shall impose and assess the prescribed fine against each responsible party.

E. The order shall also state the date all payments are due and the fines for any late payment for any amount ordered by the hearing officer and that, if the violation continues, the responsible party may be subject to additional fines or administrative costs, as authorized by law. The order shall also state that fines and administrative costs shall also be collectible as set forth under elsewhere in this Code.

F. The written decision shall be served upon each party in the manner set forth by Section 1-1-460 or by any other means agreed to by each party. When the administrative enforcement order is served on the responsible party, the order shall be deemed final,

(Ord. No. 2022-359, § 3, 3-2-2022)

The Town may collect any past due fines assessed and/or administrative costs in the administrative enforcement order by all available legal means.

(Ord. No. 2022-359, § 3, 3-2-2022)

The decision of the hearing officer shall be deemed the final administrative order of the Town. In accordance with California Government Code Section 53069.4, any person who is aggrieved by the decision of the hearing officer regarding the imposition, enforcement or collection of administrative fines or penalties may seek review by filing an appeal to be heard by the superior court within twenty (20) days after service of the final administrative order or decision of the hearing officer. The right to appeal is limited to the terms and conditions set out in California Government Code Section 53069.4. If an appeal is timely filed, the time for payment of any fine or penalties imposed by the hearing officer shall be suspended until the judgment of the superior court is final. Any decision by the hearing officer that a nuisance exists and any order made by the hearing officer to abate or correct the nuisance shall constitute a final, administrative determination, not be appealable, and shall be subject to judicial review in the superior court by filing with the court a petition for writ of mandate pursuant to the provisions and time limits set in Code of Civil Procedure Section 1094.6.

(Ord. No. 2022-359, § 3, 3-2-2022)