Woodside Municipal Code § 10.44 Appeal of decision of Town Manager; hearing

(A) The Town Council finds that compliance with this Code and applicable state codes throughout the Town is an important public service and enables the Town to better implement its general plan. Code compliance is vital to protection of the public's health, safety and quality of life. The Council finds that its citizens have a right to expect effective code compliance without confrontation between neighbors. The Council further finds that a comprehensive code compliance system that uses a combination of judicial and administrative remedies is critical to gain compliance with code regulations.

(B) The Council adopts the following basic principles to guide the Town's code compliance process:

(1) It is the sole responsibility of the property owner and his/her builder or contractor or other responsible person to understand and comply with all applicable provisions of this Code.

(2) The Town has a duty and responsibility to investigate and enforce Code violations in order to obtain compliance with Town Code provisions.

(3) When a Code violation is discovered, any related work activity will cease immediately.

(4) No Town official has the authority to waive the need for a permit required by the Town Code unless expressly given that right by the Town Code or court order.

(5) When a Code violation occurs, the person responsible shall be liable for the Town's costs of obtaining compliance with the Town's regulations.

(Ord. 1994-477, effective 1-12-95)

Every officer and employee of the Town having any duty to enforce any of the provisions of this Code or any other ordinance of the Town, or any rule, regulation, or order promulgated or issued pursuant to this Code, or to the provisions of any code adopted by reference by this Code, is hereby authorized, pursuant to Cal. Penal Code § 836.5, to arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in the presence of such officer or employee which is a violation of a provision of this Code, or any other ordinance of the Town, or any rule, regulation, or order promulgated or issued pursuant to this Code, or to the provisions of any code adopted by reference by this Code, which such officer or employee has a duty to enforce.

(1975 Code, § 1-2.09) (Ord. 1984-318, effective 5-10-84)

(A) In addition to any other remedy provided for violations of the provisions of this Code, or any other ordinance of the Town, or the provisions of any code adopted by reference by this Code, whenever the Town Manager or his/her designee (hereinafter referred to as "Town Manager") has knowledge of an alleged violation that relates in any way to the use or occupation of real property within the Town, he/she may provide a notice of code violation to the owner of the property upon which the alleged violation is located and, where different from the owner, to the person(s) responsible for causing or maintaining such alleged violation. Notice shall be provided to the property owner by mail at the address shown on the latest assessment roll or at any other address of the owner known to the Town Manager. In the event the owner's address is unknown, notice shall be conspicuously posted on or in front of the property, in a form to be approved by the Town Manager. Notice to any responsible person shall be by mail to the street address of the property or by posting the property.

(B) The notice shall specify the property address, the owner's name, any responsible party's name, and the nature of the alleged violation(s), including reference to the pertinent code section(s). The notice shall provide a list of corrections needed to bring the property into compliance, and a deadline or specific date to correct the violations. The notice shall also indicate the potential consequences should the property remain in violation, including, but not limited to: criminal prosecution, civil injunction, civil penalties, administrative costs, recordation of the notice, and withholding of future permits and inspections. The potential consequences listed should be commensurate with the nature and severity of the alleged violation.

(C) The notice shall also state that within 20 days after the date of the notice, the owner and/or any responsible person may request a meeting with the Town Manager to present evidence that a violation does not exist. If a meeting is requested, the Town Manager shall arrange to meet with the owner and/or responsible person as soon as possible, but not later than five working days after receipt of the request for a meeting.

(Ord. 1994-477, effective 1-12-95; Am. Ord. 2016-574, effective 5-26-16)

In the event a meeting is not requested and the alleged violation has not been corrected or a corrective plan of action is not approved by the Town Manager within 20 days of notice or in the event that, after consideration of evidence, the Town Manager determines that a violation of one or more of the Town codes or ordinances in fact exists, the Town Manager shall issue a notice of intent to record the notice of code violation. A copy of the notice of intent shall be provided by personal delivery or certified mail to the property owner and to any responsible person.

(Ord. 1994-477, effective 1-12-95; Am. Ord. 2016-574, effective 5-26-16)

(A) If the owner or the responsible person disagrees with the determination of the Town Manager, either party may appeal the decision to the Town Council by providing a written request to the Town Clerk or to the Town Manager, along with an appeal fee as set forth in the Town's fee and deposit schedule, not later than ten days after the date of the mailing of the notice of intent to record the notice of violation.

(B) The Town Council shall conduct a hearing to consider the action of the Town Manager and the arguments of the appellant. At least ten days prior to the hearing, the Town shall provide written notice to the affected property owner, any responsible person, and neighboring property owners within 500 feet of the subject property regarding the date and time of the hearing. The Town Council shall either affirm, modify, or reverse the decision of the Town Manager, and may attach conditions deemed necessary to assure compliance with Town regulations and to reimburse the costs of code compliance. The Council may, at its discretion, reimburse the appellant for the fee. In the event the Town Manager determination is reversed, the Town shall reimburse the appellant's appeal fee.

(Ord. 1994-477, effective 1-12-95; Am. Ord. 2003-520, effective 10-23-03; Am. Ord. 2016-574, effective 5-26-16)

If a hearing is not timely requested, or if no appeal is timely filed, or if directed by the decision of the Council on an appeal, the Town Manager may proceed with civil or criminal enforcement remedies, and shall record the notice of violation with the Office of the County Recorder of San Mateo County. The recorded notice of violation shall include the name of the property owner, the assessor's parcel number, and the parcel's legal description. A copy of the notice of violation shall be provided by certified mail to the property owner and any responsible person.

(Ord. 1994-477, effective 1-12-95; Am. Ord. 2016-574, effective 5-26-16)

On the correction of any violation noticed pursuant to this section, the Town Manager shall issue a notice of release of code violation. A notice of release of code violation shall be issued and recorded by the Town Manager only if:

(A) All violations listed in the notice have been corrected;

(B) All necessary permits have been issued and finalized; and

(C) All civil penalties have been paid; and

(D) All administrative code compliance fees have been paid.

(Ord. 1994-477, effective 1-12-95; Am. Ord. 2016-574, effective 5-26-16)

The Town shall cause a stop work notice to be issued for any work related to a code violation, and where a notice of violation has been recorded, shall withhold permits for any alteration, repair, or construction on the property, or any permits pertaining to the use and development of the real property or any structure on such property until a notice of release of code violation has been issued by the Town Manager. The Town may not withhold permits which are necessary to obtain a notice of release of code violation, or which are necessary to correct serious health and safety violations.

(Ord. 1994-477, effective 1-12-95; Am. Ord. 2016-574, effective 5-26-16)

(A) Whenever a notice is required to be given under this section, the notice shall be served by any of the following methods unless different provisions are otherwise specifically stated to apply:

(1) Personal service or certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by first class (regular) mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

(2) Posting the notice conspicuously on or in front of the property.

(B) Service by certified or regular mail in the manner described above shall be effective on the date of mailing. 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. 1994-477, effective 1-12-95)

As part of any civil court action, the Town has the authority to require a performance bond to ensure compliance with the Town Municipal Code, applicable state codes, or any judicial action.

(Ord. 1994-477, effective 1-12-95)

(A) The Council finds there may be a need for mediation as a means of dispute resolution to gain compliance with provisions of this Code and applicable federal and state codes. The Council further declares that mediation can be an effective technique to avoid disputes by developing consensus on controversial issues. Mediation can often resolve disputes in a more efficient and effective manner without the necessity of more formal administrative action or litigation.

(B) At any stage of a code compliance proceeding, including during a civil action, the matter may be referred to mediation by the Town, or by a court that has jurisdiction over the matter.

(C) The mediation shall be held before a neutral third party agreed to by the parties or appointed by the Presiding Judge of San Mateo County.

(D) The mediation shall occur within 60 days of the date of the referral.

(E) Mediation fees shall be equally paid by the parties involved.

(Ord. 1994-477, effective 1-12-95)

(A) Any property owner to whom a notice of violation is issued and recorded shall pay to the Town the costs of staff investigation and administration, as set forth in the Town's fee and deposit schedule. Such costs shall be based on the extent of staff work involved in abating the violation, and may include the costs of research, field investigation, notice, and administrative hearing costs.

(B) Any person against whom a civil or criminal complaint is filed shall pay to the Town the reasonable costs of staff investigation and administration, as set forth in the Town's fee and deposit schedule, unless the party after trial is deemed by the court to be the prevailing party. Such costs shall be based on the extent of staff work involved with abating the violation, and may include the costs of research, field investigation, notice and administrative hearing costs, and court costs.

(C) Code compliance administrative fees shall not be required where the violations on a property are corrected not later than the date of recordation of a notice of violation.

(D) No notice of violation shall be released by the Town and no civil or criminal complaint shall be dismissed by the Town until all applicable code compliance fees have been paid. Additionally, no permit shall be issued and no staff inspection shall be conducted for work on a property currently subject to a notice of violation or to a civil or criminal complaint, until such code compliance fees have been paid.

(E) Code compliance fees shall be required in addition to any other fees or penalties required by the Town Municipal Code.

(Ord. 1994-477, effective 1-12-95)

The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this Code shall be deemed a civil debt owing to the Town. An action may be commenced in the name of the Town in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this Code. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof.

(1975 Code, § 1-2.06)

Wherever the Town Attorney is authorized or directed to commence or sustain any civil action or proceeding, either at law or in equity, to enforce any of the provisions of this Code or any other ordinance of the Town, or to enjoin or restrain any violation thereof, or otherwise to abate any public nuisance, or to collect any sums of money on behalf of the Town which have or will become due by reason of any violation of any such code or ordinance provisions, then the Town shall be entitled to collect all the costs and expenses of the same, including, without limitation, reasonable investigation costs, which shall be set by the court and made a part of any judgment in any such action or proceeding.

(1975 Code, § 1-2.08) (Ord. 1980-294, effective 12-12-80; Am. Ord. 1997-486, effective 6-26-97)