Chapter 1.28
ENFORCEMENT

Sections:

1.28.010    Enforcement.

1.28.020    Recovery of code enforcement fees on residential properties.

1.28.030    Recovery of attorney’s fees.

1.28.010 Enforcement.

In addition to those public officers and employees authorized by state law, this code and any other ordinances of the city may be enforced by the police department of the city, city personnel designated by job description as being responsible for enforcement of the municipal code, and the city manager or designee thereof. (Ord. 10-1988 § 8, 2010; Ord. 1714 § 1, 1990; 1964 Code § 1.9.)

1.28.020 Recovery of code enforcement fees on residential properties.

The city council finds and declares as follows:

A. Pursuant to California Health and Safety Code Section 17951, and any successor statute thereto, responsible persons, who cause, allow, permit, suffer, or maintain a violation in, or upon, residential properties, shall be charged fees (hereafter “code enforcement fees”) by the city to defray its costs of code enforcement actions. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the city’s code enforcement actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the initiation of such proceedings.

1. As used herein, “responsible person” means and includes any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County assessor’s office. They also include persons with powers of attorney, executors of estates, trustees, or who are court-appointed administrators, conservators, guardians or receivers. “Responsible person” with regard to personal property shall be any person who has legal title, charge, control, or possession of such property.

2. As used herein, “residential properties” mean and include all structures and premises that are regulated by the California State Housing Law (California Health and Safety Code, Division 13, Part 1.5, Section 17910 et seq.) and any future amendments thereto, as well as all dwellings, residences and premises upon which they are located that are regulated by CMC Title 17, Zoning, and other provisions of the Covina Municipal Code.

3. As used herein, “violation” means and includes any prohibited activity, condition, or use on land or in connection with a building or a structure that is caused, allowed to exist, or maintained (whether due to an affirmative act, inaction, or omission) by a responsible person in disregard of, or nonconformity with, any other provision, regulation, prohibition, or requirement of the Covina Municipal Code, or any applicable county, state, or federal laws or regulations. Any such violation shall also constitute an unlawful public nuisance for each and every day or part thereof, during which it is allowed, committed, continued, maintained or permitted by a responsible person.

4. As used herein, “code enforcement fees” shall mean fees imposed by the city to defray its costs of code enforcement actions including, but not limited to, the time and other resources of public officials and city consultants expended by them in identifying, inspecting, investigating, seeking or causing the abatement of a violation at a residential property. Examples of code enforcement actions include, but are not limited to, site inspections, drafting reports, taking photographs, procuring other evidence, engaging in meetings with other officials of the city or other agencies, engaging in conferences and communications with responsible persons, their agents or representatives, concerning a violation, as well as with attorneys for the city at any time, and appearances before judicial officers or reviewing authorities during the commencement or pendency of a judicial or administrative hearing. The time and resources that public officials and city consultants further expend to confirm that a residential property remains free of a violation while a responsible person is on probation to a court or when a matter concerning a residential property remains pending before a reviewing authority in an administrative action, shall also constitute code enforcement actions.

B. The amount(s) or rate(s) of code enforcement fees for city personnel time and other resources that are used for code enforcement actions shall be established, and may thereafter be amended, by resolution by the city council.

C. The city manager, or a designee thereof, is authorized to adopt regulations for the uniform imposition of code enforcement fees, and for related administrative actions pertaining to such fees.

D. The fees imposed pursuant to this section shall be in addition to any other fees or charges that responsible persons may owe in accordance with any other provision of the Covina Municipal Code, or which are imposed pursuant to county, state or federal laws or regulations.

E. Code enforcement fees shall be recoverable in conjunction with any civil, administrative or criminal action to abate, cause the abatement or cessation of, or otherwise remove, a violation as defined in this section.

1. In every instance where an owner or other responsible person is required to obtain a permit, approval, license or entitlement under any provision of the Covina Municipal Code in connection with the abatement of a violation, the city may condition the issuance of said permit, approval, license or entitlement on the prior payment of all code enforcement fees.

F. Unpaid code enforcement fees shall constitute a debt that is collectible in any manner allowed by law. (Ord. 09-1969 § 1, 2009.)

1.28.030 Recovery of attorney’s fees.

A. A prevailing party in any administrative, civil or equitable judicial action to abate, or cause the abatement of a violation of this code, or in any appeal or other judicial action arising therefrom, may recover reasonable attorney’s fees in accordance with the following subsections:

1. Attorney’s fees are not recoverable by any person as a prevailing party unless the city manager, or a designee thereof, or an attorney for, and on behalf of, the city, elects in writing to seek recovery of the city’s attorney’s fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney’s fees in favor of any person or the city.

2. The city is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more activities, conditions or uses that constitute a violation or a public nuisance. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all activities, conditions or uses that were alleged, in that action or proceeding, to constitute a violation or a public nuisance. An administrative or judicial determination that results in mixed findings of both responsibility and nonresponsibility on the part of a person for activities, conditions or uses that were alleged in that action or proceeding to constitute a violation or public nuisance, shall nevertheless result in the city being the prevailing party.

B. Provided that the city has made an election to seek attorney’s fees, an award of attorney’s fees to a person shall not exceed the amount of reasonable attorney’s fees incurred by the city in that action or proceeding.

C. Unpaid attorney’s fees shall constitute a debt that is collectible in any manner allowed by law. (Ord. 09-1969 § 1, 2009.)