Chapter 8.06
ADMINISTRATIVE REMEDIES
Sections:
8.06.010 Findings and determination.
8.06.050 Hearing – Findings and order.
8.06.060 Administrative order.
8.06.070 Administrative penalties.
8.06.080 Administrative costs.
8.06.090 Failure to comply with administrative compliance order.
8.06.100 Right to judicial review.
8.06.110 Recovery of administrative civil penalties.
8.06.120 Report of compliance after administrative order.
8.06.150 Public hearing and protests.
8.06.170 Satisfaction of lien.
8.06.010 Findings and determination.
A. This chapter is developed based upon the firm belief that the current and future values and the general health, safety and welfare of the community are affected significantly by the appearance and maintenance of real property and property values, and that implementation of this chapter will avoid further deterioration of neighborhoods and commercial centers, and will be of benefit to the community as a whole.
B. There is currently existing within the City real property, both improved and unimproved, that is in a state of deterioration or disrepair as to cause a depreciation of the value of surrounding property or to be materially detrimental to nearby properties and improvements.
C. The purpose and intent of this chapter is:
1. To enhance and promote the maintenance of real property, both improved and unimproved, and by so doing, improve the livability, appearance, and the social and economic conditions of the community;
2. To define as public nuisances and violations of this Code those conditions which are considered harmful and/or deleterious to the public health, safety and welfare of the citizens of the City;
3. To establish guidelines for the correction of property violations and nuisances which afford due process and procedural guarantees to affected property owners;
4. To provide for administrative remedies, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code; and
5. To utilize the sanctions and penalties of this chapter as a last resort only after reasonable efforts at resolving disputes by educational and nonconfrontational means have been employed; it being recognized that voluntary compliance is preferred over all other remedies. (Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)
8.06.020 Compliance order.
A. Whenever a Director, Code Enforcement Officer, or other person charged with Code enforcement determines that a violation of any provision of the Municipal Code is occurring or exists, the Director, Code Enforcement Officer, or other person charged with Code enforcement may issue a written compliance order (CO) to any person responsible for the violation.
B. A CO issued shall contain the following information:
1. The date and location of the violation;
2. The section of this Code violated and a description of the violation;
3. A description of the action(s) necessary to abate the unlawful condition(s);
4. The date by which compliance shall be achieved;
a. Include a statement notifying the responsible party that penalties will begin to accrue if compliance with the CO has not been achieved;
5. Either an explanation of the consequences of noncompliance and a description of the hearing procedure and appeal process or a copy of this chapter of the Code. (Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)
8.06.030 Hearing.
A. If it is determined that all violations have been corrected within the time specified, no further action shall be taken.
B. If full compliance is not achieved within the time specified in the CO, the director shall set a hearing before the Hearing Officer or his/her designee.
C. The Hearing Officer or his/her designee shall cause a written notice of hearing to be served on the violator and, where real property is involved, a notice shall be served on the property owner (per the latest County assessment roll). (Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)
8.06.040 Notice of hearing.
A. Every notice of hearing shall contain the date, time and place at which the hearing shall be conducted by the Hearing Board.
B. Each hearing shall be set for a date not less than 15 days nor more than 60 days from the date of the notice of hearing. The Director may determine that the matter is urgent or that good cause exists for an extension of time.
C. This hearing serves to provide the full opportunity of a person subject to a compliance order to object to the determination that a violation has occurred and/or that a violation has continued to exist. The failure of any person subject to the CO to appear at the hearing shall constitute a failure to exhaust administrative remedies. (Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)
8.06.050 Hearing – Findings and order.
A. At the place and time set forth in the notice, the Hearing Officer or his/her designee shall conduct a hearing on the compliance order issued.
B. The Officer or his/her designee shall consider any written or oral evidence consistent with the rules and procedures regarding the violation and compliance by the violator or by the real property owner.
C. Within a reasonable time following the conclusion of the hearing, the Officer or his/her designee shall make findings and issue its determination regarding:
1. The existence of the violation;
2. The failure of the violator or owner to take required corrective action within the required time period.
D. The Officer or his/her designee shall issue written findings for each violation. The findings shall be supported by evidence received at the hearing.
E. If the Officer or his/her designee finds by a preponderance of the evidence that a violation has occurred and that the violation was not corrected within the time period specified in the CO, the Officer or his/her designee shall issue an administrative order.
F. If the Officer or his/her designee finds that no violation has occurred or that the violation was corrected within the time period specified in the CO, the Officer or his/her designee shall issue a finding of those facts. (Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)
8.06.060 Administrative order.
If the Hearing Officer or his/her designee determines that a violation occurred which was not corrected within the time period specified in the CO, the Officer or his/her designee shall issue an administrative order imposing any or all of the following:
A. An order to correct, including a schedule for correction where appropriate;
B. Administrative penalties;
C. Administrative costs. (Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)
8.06.070 Administrative penalties.
A. The Hearing Officer or his/her designee may impose administrative penalties for the violation of any provision of the Municipal Code in an amount not to exceed a maximum of $2,500 per day for each ongoing violation, except that the total administrative penalty shall not exceed $100,000, exclusive of administrative costs, interest and restitution for compliance re-inspections, for any related series of violations.
B. In determining the amount of the administrative penalty, the Officer or his/her designee may take any or all of the following factors into consideration:
1. The duration of the violation;
2. The frequency, recurrence and number of violations, related or unrelated, by the same violator;
3. The seriousness of the violation;
4. The good faith efforts of the violator to come into compliance;
5. The economic impact of the violation on the violator;
6. The impact of the violation on the community;
7. Such other factors as justice may require.
C. Administrative penalties imposed by the Officer or his/her designee shall accrue from the date specified in the CO and shall cease to accrue on the date the violation is corrected, as determined by the Director or Officer or his/her designee.
D. The Officer or his/her designee, in its discretion, may suspend the imposition of applicable penalties for any period of time during which:
1. The violator has filed for necessary permits; and
2. Such permits are required to achieve compliance; and
3. Such permit applications are actively pending before the City, State, or other appropriate governmental agency.
E. Administrative penalties assessed by the Officer or his/her designee shall be due by the date specified in the administrative order.
F. Administrative penalties assessed by the Officer or his/her designee are a debt owed to the City and, in addition to all other means of enforcement, if the violation is located on real property, may be enforced by means of a lien against the real property on which the violation occurred.
G. If the violation is not corrected as specified in the Officer or his/her designee’s order to correct, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount.
H. If the violator gives written notice to the Director that the violation has been corrected and if the Director finds that compliance has been achieved, the Director shall deem the date the written notice was postmarked or personally delivered to the Director or the date of the final inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to the Director, the violation will be deemed corrected on the date of the final inspection. (Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)
8.06.080 Administrative costs.
A. The Hearing Officer or his/her designee shall assess administrative costs against the violator when it finds that a violation has occurred and that compliance has not been achieved within the time specified in the CO.
B. The administrative costs may include any and all costs incurred by the City in connection with the matter before the Hearing Officer or his/her designee including, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing itself, and costs for all re-inspections necessary to enforce the CO. (Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)
8.06.090 Failure to comply with administrative compliance order.
Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the Hearing Officer or his/her designee may be enforced as:
A. A personal obligation of the violator; and/or
B. If the violation is in connection with real property, a lien upon the real property. The lien shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full. (Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)
8.06.100 Right to judicial review.
Any person aggrieved by an administrative order of the Hearing Officer or his/her designee may obtain review of the administrative order in the Superior Court by filing with the Court a petition for writ of mandate. (Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)
8.06.110 Recovery of administrative civil penalties.
The City may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien. (Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)
8.06.120 Report of compliance after administrative order.
If the Director determines that compliance has been achieved after a compliance order has been sustained by the Hearing Officer or his/her designee, the Director shall file a report indicating that compliance has been achieved. (Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)
8.06.130 Compliance disputes.
A. If the Director does not file a report pursuant, a violator who believes that compliance has been achieved may request a compliance hearing before the Hearing Officer or his/her designee by filing a request for a hearing.
B. The hearing shall be noticed and conducted in the same manner as a hearing on a compliance order.
C. The Officer or his/her designee shall determine if compliance has been achieved and, if so, when it was achieved. (Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)
8.06.140 Lien procedure.
A. Whenever the amount of any administrative penalty and/or administrative cost imposed by the Hearing Officer or his/her designee pursuant to this chapter in connection with real property has not been satisfied in full within 90 days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien against the real property on which the violation occurred.
B. The lien provided herein shall have no force and effect until recorded with the County Recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by Section 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.
C. Interest shall be accrued on the principal amount of the judgment remaining unsatisfied pursuant to law.
D. Prior to recording any such lien, the Director of Finance shall prepare and file with the City Clerk a report stating the amounts due and owing.
E. The City Clerk shall fix a time, date, and place for hearing such report and any protests or objections thereto by City Council.
F. The Director of Finance shall cause written notice to be served on the property owner not less than 10 days prior to the time set for the hearing. Such notice shall be served as provided (see NCC 8.06.040). (Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)
8.06.150 Public hearing and protests.
A. Any person whose real property is subject to a lien pursuant to NCC 8.06.140 may file a written protest with the City Clerk and/or may protest orally at the City Council meeting.
B. Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protest of objection.
C. The City Council, after the hearing, shall adopt a resolution confirming, discharging or modifying the amount of the lien. (Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)
8.06.160 Recording the lien.
Thirty days following the adoption of a resolution by the City Council imposing a lien, the City Clerk shall file the same as a judgment lien in the Office of County Recorder of Stanislaus County, California. The lien may carry such additional administrative charges as set forth by the resolution of the City Council. (Ord. 2014-9 § 4, 10-28-2014; Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)
8.06.170 Satisfaction of lien.
Once payment in full is received by the City for outstanding penalties and costs, the Director of Finance shall either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record a notice with the Office of the County Recorder. Such notice of satisfaction shall cancel the City’s lien. (Ord. 2010-2 § 3, 2-9-2010; Ord. 2006-3 § 1, 8-8-2006)