Chapter 4.26


4.26.010    Reinspection fees.

4.26.020    Declaration of purpose.

4.26.030    Authorization.

4.26.040    Assessment of reinspection fees.

4.26.050    Notice of assessment of reinspection fees.

4.26.060    Failure to pay reinspection fee.

4.26.070    Collection of reinspection fee.

4.26.080    Payment to code enforcement civil penalties fund.

4.26.010 Reinspection fees.

This chapter governs the general procedures for recovering reinspection fees assessed by the city unless other provisions of this code establish a specific reinspection fee procedure for a particular type of reinspection. (Ord. 852 § 2, 2003)

4.26.020 Declaration of purpose.

A. The city council finds there is a need to recover costs incurred by enforcement officials and other city personnel who spend considerable time inspecting and reinspecting properties throughout the city of Capitola in an effort to ensure compliance with this code or applicable state codes.

B. The city council further finds that the assessment of a reinspection fee is an appropriate method to recover costs incurred for additional inspections made by enforcement officials and other city personnel. The assessment and collection of reinspection fees shall not preclude the imposition of any administrative or judicial penalties or fines for violations of this code or applicable state codes. (Ord. 852 § 2, 2003)

4.26.030 Authorization.

A. Whenever an enforcement official reinspects a property to determine compliance with provisions of this code and applicable state codes, which have been listed in a notice of violation, the enforcement official may assess a reinspection fee against the responsible person or property owner.

B. Reinspection fees may be assessed for each inspection of the property after the issuance of a notice of violation. (Ord. 852 § 2, 2003)

4.26.040 Assessment of reinspection fees.

A reinspection fee schedule shall be established and revised as necessary by the city council to reflect current actual costs. The reinspection fee schedule shall be filed in, and available for public review at, the city clerk’s office. (Ord. 852 § 2, 2003)

4.26.050 Notice of assessment of reinspection fees.

A. Where the assessment of reinspection fees is authorized under this chapter, the appropriate city enforcement official shall provide the responsible person with a written notice assessing reinspection fees. The written assessment shall contain the following information:

1. The amount of fees charged;

2. The corresponding dates when reinspection took place;

3. A deadline by which the reinspection fee must be paid; and

4. An explanation that additional late fees may be charge for late payment of the reinspection fee.

B. Service of notice of the reinspection fee assessment shall be provided to the responsible person or property owner by any of the means outlined in Chapter 4.03.

C. Reinspection fees may be assessed as part of any judicial or administrative enforcement action as provided for in this chapter.

D. The failure of any responsible person or property owner to receive notice of the reinspection fee assessment shall not affect the validity of any fees imposed under this chapter. (Ord. 852 § 2, 2003)

4.26.060 Failure to pay reinspection fee.

The failure of any person to pay a reinspection fee by the deadline specified in the written notice of assessment of reinspection fee shall result in the assessment of an additional late fee. The amount of the late fee shall be established by the city council. (Ord. 852 § 2, 2003)

4.26.070 Collection of reinspection fee.

The enforcement official shall collect the assessed reinspection 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 recordation of a nuisance abatement lien pursuant to Chapter 4.24. (Ord. 852 § 2, 2003)

4.26.080 Payment to code enforcement civil penalties fund.

All monies recovered by payment of late payment fees shall be remitted to the city finance director who shall credit the appropriate amount to reimburse the department responsible for the subject code enforcement action where appropriate. (Ord. 852 § 2, 2003)