Chapter 1.12
CODE ENFORCEMENT, GENERALLY

Sections:

1.12.010    Title.

1.12.020    Purpose.

1.12.030    Definitions.

1.12.040    Violation--Public nuisance--Alternative remedies provided.

1.12.050    Violation of license, permit, agreement or approval.

1.12.060    Causing, permitting, etc.--Violation.

1.12.070    Separate and continuing violations.

1.12.010 Title.

This chapter shall be known as the “Code Enforcement Ordinance.”  (Ord. C-1-03 §2(part), 2003).

1.12.020 Purpose.

The city council establishes the procedures set forth in this chapter for declaring and addressing nuisance conditions, pursuant to Government Code Section 36900, et seq., Sections 38660, 38771 through 38775, inclusive, Sections 53069.4, 54988, and all other statutes and laws referenced herein, including Chapter Nine of the Coastal Act.  The purpose of this chapter is to provide criminal, civil and administrative remedies, which shall be in addition to all other legal remedies that may be pursued by city, to prevent, discourage, abate, or otherwise address any nuisance condition or any violation of this code, as that term is defined in Section 1.12.030. (Ord. C-1-03 §2(part), 2003).

1.12.030 Definitions.

The following definitions apply to this chapter:

“Abatement order” or “administrative order” means an order issued by an enforcement officer, enforcement committee, hearing body or city council requiring certain action to be taken, or requiring that certain activities) cease, to eliminate a nuisance condition or other violation of this code.

“Administrative costs” means that segment of costs of abatement that includes staff time expended that was reasonably related to enforcement activities under this chapter.  Administrative costs shall include, but not be limited to, site inspections and reinspections, investigations, the preparation of summaries, reports, notices and the time and expense of preparing for and attending meetings and/or hearings related abatement proceedings.  The hourly rate for staff time shall be set by the city council and may be revised from time to time.

“Affected property” means any real property or portions thereof within city boundaries, including any buildings or other improvements located on such property, where nuisance conditions allegedly exist or have previously existed.

“Coastal Act” means the California Coastal Act of 1976, as codified in Public Resources Code Section 30000, et seq., as amended from time to time.

“This code” means the City’s Municipal Code, Zoning Ordinance, Local Coastal Program, all Uniform Codes that have been incorporated into City’s Municipal Code, and any applicable state or federal laws and regulations that are or may be enforced by city, including without limitation, the State Housing Law (H&S Code Section 17910, et seq.)

“Compliance” means all actions required to remove, alleviate, eliminate, halt, or mitigate a nuisance condition or other violation of this code in the manner and in the time frame prescribed by an enforcement officer, enforcement committee, hearing body or city council.

“Costs of abatement” means all costs incurred by city in connection with achieving compliance with an abatement order or administrative order, including but not limited to, any cost incurred by city in performing or contracting for work required to achieve compliance with an abatement order or administrative order, administrative costs, and costs of prosecuting any nuisance condition or other violation of this code, including attorney’s fees, all as permitted by law.

“Day” or “days” means calendar days.

“Enforcement action” means any notice of violation, hearing, citation, investigation, complaint or petition, or any administrative or judicial order under authority of the ordinance codified in this chapter or pursuant to any other legal authority.

“Enforcement committee” means the members of the city manager’s staff, including the planning director, public works director and chief of police.

“Enforcement officer” means any person authorized or directed by the city manager to enforce any provision of this code, including any peace officer.  In addition to any other powers conferred upon him by this code or by any other law, an enforcement officer shall have the authority to issue a notice to appear, (per Penal Code Section 948), or issue a notice of violation, as described in Section 1.16.040 of this code, if such enforcement officer has cause to believe that a violation of this code was, or is being committed or that any nuisance conditions exist.

“Hearing body” means any person or persons appointed by the city council to conduct a hearing pursuant to the ordinance codified in this chapter, including the city council, itself.

“Nuisance condition” means any condition described in Civil Code Section 3479, and shall include, but not be limited to, any violation of this code.

“Occupant” means the person or persons having a right of present possession of the affected property, if other than the owner, including without limitation, tenant(s), subtenant(s), lessee(s), sublessee(s), assignee(s) or any authorized agent of same.

“The ordinance” means the code enforcement ordinance as enacted and as the same may be amended from time to time.

“Owner” means the owner(s) of record of the affected property, and shall include any authorized agent(s) of the owner(s) of record.

“Penalty” means an administrative fine or penalty imposed on the responsible party, pursuant to Section 1.16.050 of this code.

“Responsible party” means any person, firm, association, club or organization (including informal clubs or organizations), corporation, partnership, trust(ee), or entity, and a parent or legal guardian of any person(s) under eighteen years of age, whose acts or omissions have caused or contributed to a violation of this code, and shall include any owner(s) or occupant(s) of the affected property.  (Ord. C-1-03 §2(part), 2003).

1.12.040 Violation--Public nuisance--Alternative remedies provided.

Any violation of this code, including a continuing violation as described in Section 1.12.070 of this chapter, is unlawful and is hereby declared to be a nuisance.  Any violation of this code may be prosecuted or enforced through any of the enforcement remedies provided in the ordinance codified in this chapter.  In addition to the remedies provided in the ordinance codified in this chapter, city expressly reserves the right to utilize enforcement remedies available under any applicable state or federal statute or pursuant to any other lawful power city may possess.  All such remedies shall be alternative to or in conjunction with, and not exclusive of, one another.  The election of remedies provided by the ordinance codified in this chapter or other applicable law shall be at the sole discretion of city officials.  An enforcement officer, the enforcement committee or a hearing body may order the abatement of any nuisance condition, including abatement by city, following proper notice and an opportunity for a hearing.  However, no notice or hearing is required to abate a nuisance condition pursuant to the summary abatement authority set forth in Chapter 1.17 of this code.  (Ord. C-1-03 §2(part), 2003).

1.12.050 Violation of license, permit, agreement or approval.

It shall be a violation of this code to violate any term or condition of any license, permit, agreement, or approval granted or issued by any authorized agent, body or agency of the city, including city’s redevelopment agency.  Any responsible party (including, without limitation, any agent, employee, or contractor of a responsible party) violating or contributing to the violation of any such term or condition shall be subject to the sanctions provided in the ordinance codified in this chapter and in any other law.  (Ord. C-1-03 §2(part), 2003).

1.12.060 Causing, permitting, etc.--Violation.

Causing, permitting, aiding, abetting, contributing to, or concealing a violation of any provision of this code shall constitute a violation of such provision.  (Ord. C-1-03 §2(part), 2003).

1.12.070 Separate and continuing violations.

A separate offense shall be deemed committed each day a violation of this code occurs or continues; any penalty imposed for a violation, pursuant to Section 1.16.070 of this code, may be imposed on a “per day” basis.  Any condition of real property that constitutes a nuisance condition where the same, or substantially similar, condition has been the subject of two or more enforcement actions within any three month period, is deemed to be a continuing violation.  Any building or structure that is set up, erected, constructed, altered, enlarged, converted, used, maintained, moved, or demolished contrary to any provision of this code, or contrary to any license, permit or entitlement issued by or on behalf of the city, shall be deemed a violation of this code.  Similarly, any use of land, building or premises that is established, conducted, operated or maintained contrary to any provision of this code shall be deemed a violation of this code.  (Ord. C-1-03 §2(part), 2003).