Chapter 4.26
CODE COMPLIANCE COST RECOVERY

Sections:

4.26.010    Code compliance costs.

4.26.020    Declaration of purpose.

4.26.030    Authorization.

4.26.040    Assessment of code compliance costs.

4.26.050    Notice of assessment of code compliance costs.

4.26.060    Failure to pay code compliance costs.

4.26.070    Collection of code compliance costs.

4.26.080    Payment to code enforcement civil penalties and cost recovery fund.

4.26.010 CODE COMPLIANCE COSTS.

This chapter governs the general procedures for recovering code compliance costs incurred by the city unless other provisions of this code establish another specific procedure for a particular type of code compliance cost recovery.

(Ord. 2018-01 § 3 (part), 2018: Ord. 2000-17 §  2 (part), 2000).

4.26.020 DECLARATION OF PURPOSE.

The city council finds there is a need to recover costs, including legal cost, incurred by enforcement officials and other city personnel, who spend considerable time and resources in an effort to ensure that compliance with the Santa Cruz Municipal Code or applicable state codes has been obtained.

(Ord. 2018-01 § 3 (part), 2018: Ord. 2000-17 § 2 (part), 2000).

4.26.030 AUTHORIZATION.

Whenever an enforcement official determines a property to be in violation of provisions of the Santa Cruz Municipal Code or applicable state codes and those violations have been listed in a notice of violation, the enforcement official shall assess code compliance costs against the responsible person or property owner.

(Ord. 2018-01 § 3 (part), 2018: Ord. 2000-17 § 2 (part), 2000).

4.26.040 ASSESSMENT OF CODE COMPLIANCE COSTS.

A code compliance cost fee schedule shall be established and revised as necessary by the city council to reflect current actual costs. The fee schedule shall be filed in, and available for public review at, the city clerk’s office.

(Ord. 2018-01 § 3 (part), 2018: Ord. 2000-17 § 2 (part), 2000).

4.26.050 NOTICE OF ASSESSMENT OF CODE COMPLIANCE COSTS.

(1)    Where the assessment of code compliance costs is authorized under this chapter, the appropriate city enforcement official shall provide the responsible person with a written notice of the amount of costs assessed. The written notice shall contain the following information:

(a)    An itemized list of the amounts charged;

(b)    The corresponding dates when code compliance costs were incurred;

(c)    A deadline by which the costs must be paid; and

(d)    Notice that additional fees may be charged for late payment.

(2)    Service of notice of the code compliance cost assessment shall be provided to the responsible person or property owner by any of the means outlined in Chapter 4.03.

(3)    Code compliance costs may be assessed as part of any judicial or administrative enforcement action as provided for in this chapter.

(4)    The failure of any responsible person or property owner to receive notice of the code compliance cost assessment shall not affect the validity of any costs imposed under this chapter.

(Ord. 2018-01 § 3 (part), 2018: Ord. 2000-17 § 2 (part), 2000).

4.26.060 FAILURE TO PAY CODE COMPLIANCE COSTS.

The failure of any person to pay code compliance cost assessment by the deadline specified in the written notice shall result in the assessment of an additional late fee. The amount of the late fee shall be established by the city council.

(Ord. 2018-01 § 3 (part), 2018: Ord. 2000-17 § 2 (part), 2000).

4.26.070 COLLECTION OF CODE COMPLIANCE COSTS.

The enforcement official shall collect the assessed code compliance costs and late fees by the use of all appropriate legal means, including but not limited to referral to the city finance department or city attorney for collection or by lien or special assessment pursuant to Chapter 4.24.

(Ord. 2018-01 § 3 (part), 2018: Ord. 2000-17 § 2 (part), 2000).

4.26.080 PAYMENT TO CODE ENFORCEMENT CIVIL PENALTIES AND COST RECOVERY FUND.

All code compliance costs and late fees recovered shall be remitted to the city finance director who shall credit the appropriate amount to the code enforcement civil penalties fund provided for in Chapter 4.28, or alternatively use the monies to reimburse the department responsible for the subject code enforcement action where appropriate.

(Ord. 2018-01 § 3 (part), 2018: Ord. 2000-17 § 2 (part), 2000).