Chapter 1.14
ADMINISTRATIVE ENFORCEMENT
Sections:
1.14.010 Authority of code enforcement officer.
1.14.020 Imposition of penalties.
1.14.030 Payment and collection of penalty.
1.14.050 Recovery of costs of abatement.
1.14.070 Imposition of liens or special assessments.
1.14.010 Authority of code enforcement officer.
A code enforcement officer shall have the authority to gain compliance with this code, including the power to issue a notice of violation (“NOV”) or an administrative citation as described in this title, the power to inspect public and private property, the power to record a notice of violation against any affected property, and the power to carry out the provisions of an abatement order. (Ord. 747-2022 § 2 (Exh. A), 2022; Ord. 659-2008 § 2 (part), 2008)
1.14.020 Imposition of penalties.
Any nuisance condition or violation of any provision of this code, including a failure to comply with a term or condition imposed by any agreement, entitlement, permit, license or environmental document issued or approved by or on behalf of the city, or a failure to comply with any county, state or federal law, may subject the responsible party to a penalty imposed pursuant to the city’s general police powers, and/or Government Code Sections 36901 and 53069.4. Whether to impose a penalty shall be within the discretion of the city manager.
A. The amount of any penalty that may be imposed for a violation that would otherwise be an infraction shall not exceed one hundred dollars for a first violation, two hundred dollars for a second violation of the same ordinance within one year, and five hundred dollars for each additional violation of the same ordinance within one year.
In determining the amount of a penalty, the following factors should be taken into consideration:
1. Duration of the violation;
2. Frequency, re-occurrence, or number of violations by the same person;
3. Seriousness of the violation and/or its impact on the community and/or the degree of culpability of the responsible party;
4. Justification, if any, for the existence, or continuance, of the violation;
5. Whether the violation is susceptible to restoration or other mitigation;
6. Good faith efforts to mitigate the violation or to come into compliance, pursuant to the terms of the NOV or abatement order;
7. Sensitivity of any affected resource;
8. Any profits or other economic benefit realized by the responsible party resulting, directly or indirectly, from the violation;
9. The city’s schedule of administrative penalties currently existing or subsequently enacted; and
10. Such other factors as justice may require.
B. Each and every day during any portion of which a nuisance condition exists or continues may be deemed a separate and distinct violation for purposes of setting the amount of penalty to be imposed. Any penalty imposed will accrue on a daily basis from the date the penalty becomes effective until the violation is corrected.
C. Any penalty amount is a debt owed to the city. In addition to all other means of enforcement, a penalty may be enforced as a personal obligation of the responsible party. If the violation is in connection with real property, a penalty may also be enforced by imposition of a lien or special assessment upon the real property, as described in this chapter. Any lien or special assessment imposed upon real property shall remain in effect until the penalty is paid in full.
D. The hearing officer, in his or her discretion, may suspend the imposition of any applicable penalty for a period of time not to exceed sixty days during which the responsible party has demonstrated a willingness to correct the violations listed in the NOV or comply with an abatement order, or has applied for permits required to achieve compliance and such permit applications are actively pending before, or have already been issued by, the city, state, or other appropriate governmental agency, or under any other circumstances that would justify a suspension of the penalty. (Ord. 747-2022 § 2 (Exh. A), 2022; Ord. 659-2008 § 2 (part), 2008. Formerly 1.14.050)
1.14.030 Payment and collection of penalty.
A. If a penalty is imposed and the responsible party fails to appeal the penalty as specified in Section 1.14.070, the responsible party shall pay the amount of the penalty within thirty days of the effective date of the penalty, unless an extension of time is requested by the party against whom the penalty is imposed and the request is granted by the city manager. Any penalty imposed shall be payable to the city, or to a collection agency if the penalty has been assigned to a collection agency pursuant to subsection C of this section.
B. If the amount of any penalty imposed for a violation relating to an affected property has not been satisfied in full within sixty days of the date due and has not been successfully challenged by appeal or in court, the penalty amount may become a special assessment or lien against the affected property, as provided in Section 1.14.070. If the city elects to make any penalty a special assessment or lien against the affected property, a statement of the amount due, and any additional costs or expenses that may be recoverable as part of the enforcement action, shall be prepared and submitted to the city council for confirmation in accordance with the procedures described in Section 1.14.060.
C. Notwithstanding subsection B of this section, the amount of any unpaid penalty may be collected by commencement of a civil action to collect spuch penalty, or in any other manner provided by law for the collection of debts, including assignment of the debt to a collection agency. Subject to the requirements of Chapters 1.10 through 1.20 and other applicable law, amounts assigned for collection are subject to collection agency rules, regulations and policies. The city shall be entitled to recover any and all costs associated with collection of any such penalty.
D. The payment of a penalty by or on behalf of any responsible party shall not relieve such party from the responsibility of correcting, removing or abating the nuisance condition, or performing restoration where required, nor prevent further proceedings under Chapters 1.10 through 1.20 or any other authority to achieve the correction, removal or abatement of the nuisance, or any required restoration. (Ord. 747-2022 § 2 (Exh. A), 2022; Ord. 659-2008 § 2 (part), 2008. Formerly 1.14.060)
1.14.040 Judicial review.
A. Any responsible party who is aggrieved by a decision of a hearing officer, or of a board, commission, department, agency, or person authorized to render such a decision on behalf of the city pursuant to Chapters 1.10 through 1.20, and who has exhausted the administrative remedies provided in this code, or any other applicable law, shall have the right to seek judicial review of such decision by filing a petition for writ of mandate in accordance with Code of Civil Procedure Section 1094.5. A petition for writ of mandate must be filed within ninety days after the administrative decision becomes final (as determined in Code of Civil Procedure Section 1094.6). Notwithstanding these time limits, where a shorter time limitation is provided by any other law, including that set forth in Government Code Section 53069.4 (see subsection E of this section), such shorter time limit shall apply.
B. Written notice of the time limitation in which a party may seek judicial review of an abatement order shall be given to all responsible parties in the matter by the city in substantially the following form:
Judicial review of this decision may be sought by following the procedure outlined in Code of Civil Procedure section 1094.5. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time is provided by any state or federal law, such shorter time limit shall apply.
C. This section shall not be deemed to revive any cause of action or grounds for relief through a special proceeding that is barred by law or equity.
D. All costs of preparing an administrative record that may be recovered by a local agency pursuant to Code of Civil Procedure Section 1094.5(a) or successor statute shall be paid by the petitioner prior to delivery of the record to petitioner.
E. Any responsible party against whom a penalty has been imposed and who has exhausted the administrative remedies provided in this code or other applicable law may obtain judicial review of said penalty pursuant to Government Code Section 53069.4 by filing an appeal with the Sonoma County superior court, subject to the time limits described therein. Any such appeal shall be filed as a limited civil case. Written notice of the subject time limits shall be given to all responsible parties against whom a penalty is imposed in substantially the following form:
The time within which judicial review of the penalty imposed by this order must be sought is governed by Government Code section 53069.4. Judicial review must be sought not later than 20 days after service of the order imposing or confirming such penalty.
(Ord. 747-2022 § 2 (Exh. A), 2022; Ord. 659-2008 § 2 (part), 2008. Formerly 1.14.110)
1.14.050 Recovery of costs of abatement.
The city may elect to recover its costs to abate nuisance conditions or other code violations, including, without limitation, the costs of any appeal hearing or OSC hearing (including staff time necessary to prepare for and attend an appeal hearing or OSC hearing), any re-inspections required to determine or confirm that compliance has been achieved, production of all staff reports, environmental tests or measurements that are deemed necessary or appropriate by the code enforcement officer, third-party inspection(s) or consultant services as deemed necessary by the city and any attorneys’ fees incurred in pursuing enforcement. If the city elects at the initiation of an administrative enforcement action or proceeding to seek recovery of attorneys’ fees, pursuant to Government Code Section 38773.5(b), then the prevailing party shall be entitled to recover attorneys’ fees in an amount not to exceed the amount of attorneys’ fees incurred by the city in such action. Recovery by the city of the costs of enforcement shall be in addition to any penalty imposed on the responsible party. (Ord. 747-2022 § 2 (Exh. A), 2022; Ord. 659-2008 § 2 (part), 2008. Formerly 1.14.120)
1.14.060 Cost accounts.
A. If any order authorizes the city to abate a nuisance condition or other code violations, the city official responsible for such abatement shall keep an accounting of the cost of abatement along with any other recoverable costs, and shall render a written report (“the cost report”) to the city council showing the cost of removing and/or abating the nuisance condition and describing the work performed. The cost report shall be agendized as a “public hearing” item by the city clerk at a subsequent city council meeting following the required notice periods.
B. At least ten days prior to the submission of the cost report to the city council, the city clerk shall cause a copy of the cost report to be mailed to the responsible party and/or to the owner of the property where the nuisance condition existed. If the nuisance concerns real property, a copy of the cost report shall be mailed to the owner(s) at the address shown for such owner(s) in the most recent tax assessor’s records. The city clerk shall also cause a notice of hearing to be mailed to the same person(s) or entity receiving a copy of the cost report. The notice of hearing shall set forth the date, time and location of the city council meeting at which the cost report shall be submitted to the city council.
C. At the time and place fixed for receiving and considering the cost report, the city council shall hear a summary of the cost report and any objections by the responsible party or property owner against whom such costs are being charged or against whose property an abatement lien or special assessment may be imposed. After considering the cost report and any objections thereto, the city council may make such modifications to the cost report as it deems appropriate, after which the report may be confirmed by order of the city council.
D. At the hearing on the cost report, the city council may also authorize the imposition of a lien or special assessment on the property where the nuisance condition was abated by the city pursuant to this code.
E. A copy of a council order confirming costs against the responsible party shall be served on the responsible party within ten days of such order. The notice shall be served personally or by United States mail, first class postage prepaid, and, if by such mail, it shall be sent to the last known address listed on the most recent tax assessor’s records. In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of service by first class mail, service shall be deemed complete at the time of deposit into the United States mail. Where service is by first class mail, a copy of the notice shall also be conspicuously posted at the affected property when reasonably practicable for a period of not less than three calendar days prior to the first date that commencement of corrective action or abatement is to be undertaken. The failure to receive the notice sent via first class mail shall not affect the validity of any enforcement proceedings under Chapters 1.10 through 1.20. Any responsible party against whom costs of abatement and any other costs are awarded by council order shall have the right to seek judicial review of such order by filing a petition for writ of mandate in accordance with Code of Civil Procedure Section 1094.5. (Ord. 747-2022 § 2 (Exh. A), 2022; Ord. 659-2008 § 2 (part), 2008. Formerly 1.14.130)
1.14.070 Imposition of liens or special assessments.
A. Any penalty imposed for violations of this code, including any other codes or statutes that have been incorporated into this code, any administrative costs or other expenses of enforcement, and the cost or expenses associated with the abatement of a nuisance condition that are levied in accordance with Chapters 1.10 through 1.20, whether imposed or levied judicially or administratively, may be enforced by the recordation of a lien against the property of the owner of the real property where the nuisance condition existed. Any such lien shall be recorded in the office of the Sonoma County recorder, and from the date of recording shall have the force, effect, and priority of a judgment lien. A lien authorized by this subsection shall specify the amount of the lien, that the lien is being imposed on behalf of the city, the date of the NOV and abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel.
B. Before recordation of a lien authorized by this section, a notice of lien shall be served on the responsible party and/or owner of record of the parcel of land on which the nuisance existed, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of lien shall be served in the same manner as a summons in a civil action. If the owner of record cannot be found, after a diligent search, the notice of lien may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Sonoma County.
C. Any fee imposed on the city by the county recorder for costs of processing and recording the lien as well as the cost of providing notice to the owner in the manner described herein may be recovered from the owner in any foreclosure action to enforce the lien or upon sale of the property on which the city has placed a lien following recordation.
D. As an alternative to the lien procedure described in this section, any penalty imposed for violations of this code, including any other codes or statutes that have been incorporated into this code, and any costs of enforcement or administration or expenses associated with the abatement of any nuisance levied in accordance with Chapters 1.10 through 1.20, whether imposed or levied judicially or administratively, may become a special assessment against the real property where the nuisance condition(s) existed. Any special assessment imposed on real property pursuant to this section may 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 and sale in case of delinquency as is provided for ordinary municipal taxes. Notice of any special assessment that is levied on real property pursuant to this section shall be given to the owner by certified mail, and shall contain the information set forth in Government Code Section 38773.5(c). All laws applicable to the levy, collection, and enforcement of municipal taxes, including those described in Government Code Section 38773.5(c), shall be applicable to such special assessment. (Ord. 747-2022 § 2 (Exh. A), 2022; Ord. 659-2008 § 2 (part), 2008. Formerly 1.14.140)