Chapter 1.08
ENFORCEMENT OF PROVISIONS OF MUNICIPAL CODE

Sections:

1.08.010    Purpose.

1.08.020    Enforcement Officer.

1.08.030    Violation as public nuisance.

1.08.040    Continuing violation.

1.08.050    Enforcement through criminal prosecution.

1.08.060    Enforcement through civil lawsuit.

1.08.070    Enforcement through administrative abatement.

1.08.010 Purpose.

A. It is the purpose of this chapter to provide for the enforcement of the provisions of this code within the City.

B. In addressing a particular code violation, the City may use one or more of the enforcement procedures provided herein. Nothing in this chapter shall be deemed to prevent the City from enforcing the provisions of this code in any manner authorized in law. (Ord. 1778; Ord. 1767)

1.08.020 Enforcement Officer.

A. The City Manager may by ordinance designate one or more Enforcement Officers to enforce provisions of this code in accordance with the provisions of this chapter.

B. Every Police Services Officer, Code Enforcement Officer, or Fire Marshal for the City of Coronado is authorized to make an arrest and release the arrested person on a notice to appear, as provided by law, for any violation of this code committed in their presence. (Ord. 1907)

1.08.030 Violation as public nuisance.

A. It is unlawful for any person to create, cause, commit or maintain a public nuisance within the City.

B. A violation of any regulatory provision of this code constitutes a public nuisance. (Gov. Code § 38771)

1.08.040 Continuing violation.

A. Where a continuing violation of this code is created by a former property owner upon, or in the use of, such property, every successive owner of such property who neglects to abate the continuing violation is responsible for the violation in the same manner as the former owner who created the violation. (CC 3483)

B. No lapse of time can legalize a violation of a provision of this code. (CC 3490)

1.08.050 Enforcement through criminal prosecution.

A. Infraction. Any person who violates a provision of this code, where such violation constitutes a crime, shall be guilty of an infraction, unless otherwise expressed, punishable as follows:

1. A fine not exceeding $100.00 for a first violation;

2. A fine not exceeding $200.00 for a second violation of the same section of the Municipal Code within one year;

3. A fine not exceeding $500.00 for each additional violation of the same section of the Municipal Code within one year. (Gov. Code § 36900(b))

B. Misdemeanor. Any person convicted of violating a provision of this code, where such violation is expressly made a misdemeanor, shall be punished by a fine not exceeding $1,000, or by imprisonment not to exceed six months, or by both such fine and imprisonment. (Gov. Code § 36901)

C. Separate Violation. Each separate day, or any portion thereof, during which a violation of this code occurs or continues shall constitute a separate offense.

D. Aiding or Abetting a Violation. Whenever an act or omission is made unlawful by this code, it shall also be unlawful for any person to allow, permit, aid, abet, suffer or conceal such act or omission.

E. Treble Costs. Upon a second or subsequent offense within two years, the City shall request as part of the criminal prosecution that the court order the convicted defendant who owns the property on which the violation is maintained to pay treble the costs incurred by the City in obtaining the abatement of the nuisance, in accordance with law. (Gov. Code § 38773.7)

1.08.060 Enforcement through civil lawsuit.

A. A violation of a provision of this code may be redressed by civil action which seeks, among other things, declaratory and injunctive relief. A public nuisance that is not a violation of a provision of this code may nonetheless be redressed in accordance with the provisions of this section. (CC 3494)

B. In seeking a civil judgment against any person who creates, causes, commits or maintains a public nuisance within the City, the City shall seek an award of damages to the City in an amount equal to the expenses incurred by the City in abating such nuisance.

C. Treble Costs. Upon a second or subsequent offense within two years, the City shall request that the court order the person who creates, causes, commits or maintains a violation of this code within the City to pay treble the costs incurred by the City in obtaining the abatement of the violation, in accordance with law. (Gov. Code § 38773.7)

1.08.070 Enforcement through administrative abatement.

A violation of a regulatory provision of this code may be redressed in accordance with the provisions of this section.

A. Conduct of Administrative Hearing. An administrative hearing may be conducted for the purpose of abating a violation of this code as follows:

1. The City Manager, or the City Manager’s designee, shall serve as the hearing officer and shall set an administrative hearing at which the City presents its case in support of the contention that a violation of this code does in fact and in law exist and that the named party is responsible.

2. No less than 30 days prior to the hearing, notice of the hearing shall be:

a. Served on the responsible party in the same manner as a summons is served in a civil action;

b. Served by mail on any mortgagee or beneficiary of a deed of trust recorded against the premises where the public nuisance is occurring; and

c. Posted on the affected premises.

3. Proof of service and posting of the notice shall be made by declaration, under penalty of perjury, and shall be retained as part of the code enforcement file. (Gov. Code § 38773.1(b))

4. The responding parties shall be given a reasonable opportunity to present a response to the City’s presentation.

5. If the hearing officer determines, based upon competent, sworn evidence that a violation of this code does in fact and in law exist and that the responding party or parties have created, caused, committed or maintained the violation within the City, the hearing officer shall issue an administrative order of abatement which:

a. Describes the violation;

b. Sets forth the time and manner in which the public nuisance is to be abated;

c. Directs the responsible party or parties to abate the violation; and

d. Includes a statement that if the violation is not timely abated by the responsible party or parties, the City will cause the abatement to be accomplished at the expense of the responsible party or parties.

6. The City may record an administrative order of abatement with the County Recorder.

B. Abatement by the City.

1. If the responsible party or parties fail to comply fully with the administrative order of abatement, the City may abate the violation in accordance with law.

2. In abating the violation, the City Manager is authorized to utilize City forces or private contract.

3. To abate the violation, the City forces are authorized to go upon the affected premises in accordance with law.

4. The City Manager shall ensure that there is kept an account of the cost incurred by the City in abating the violation on each premises and shall cause to be prepared an itemized report, in writing, showing the cost of abatement.

C. Hearing to Assess Costs.

1. If the City is required to incur costs in abating the violation, the City Manager, or the City Manager’s designee, shall serve as the hearing officer and shall set an administrative hearing:

a. To establish the costs incurred by the City in abating the violation; and

b. To determine the method for assessing the obligation.

2. No less than 30 days prior to the hearing, notice of the hearing shall be:

a. Served on the responsible party in the same manner as a summons is served in a civil action; and

b. Served by mail on any mortgagee or beneficiary of a deed of trust recorded against the premises where the public nuisance is occurring.

3. Proof of service of the notice shall be made by declaration, under penalty of perjury, and shall be retained as part of the code enforcement file. (Gov. Code § 38773.1(b))

4. The responsible party or parties shall be given a reasonable opportunity to present a response to the City’s presentation.

5. Upon ascertaining that the costs claimed by the City in abating the violation are correct and reasonable, the hearing officer may direct one of the following:

a. Direct that an abatement lien be recorded against the property on which the violation is maintained and that notice be given to the owner of record of that property prior to such recordation, in accordance with law (Gov. Code § 38773.1); or

b. Direct that the costs of such abatement shall be a special assessment against the land on which the violation is maintained, in accordance with law, to be collected in the same manner as the real property tax is collected. (Gov. Code § 38773.5)