Chapter 8.7 Enforcement Procedures
8.7.10 Purpose of this Chapter
The purpose of this Chapter is to establish enforcement procedures to ensure compliance with the requirements of this Municipal Code and for the protection of the public health, safety and welfare.
8.7.20 Violations
In addition to the violations noted elsewhere in this Municipal Code, the following are also considered to be violations:
A. Any structure or use which is established, operated, erected, moved, altered, enlarged or maintained, contrary to the provisions of this Municipal Code or any applicable condition of approval, is declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties specified in this Article.
B. Except where otherwise provided by this Municipal Code, any person, partnership, firm or corporation, whether as principal, agent, employee or otherwise, violating or failing to comply with any provision(s) of this Municipal Code or any condition imposed on any entitlement, development approval, permit, map or license, shall be guilty of an infraction on each separate day the violation or failure to comply exists. Further, any person responsible for these violations and who has previously been convicted two or more times during any twelve-month period for any other violation(s) of this Municipal Code shall be guilty of a misdemeanor.
C. Any construction in violation of this Municipal Code or of any condition(s) imposed by a permit shall be subject to the issuance of a Stop Work Order. Any violation of a Stop Work Order shall constitute a misdemeanor.
8.7.30 Remedies are Cumulative
All remedies of violations or enforcement of the provisions of this Municipal Code shall be cumulative and not exclusive of any other applicable provisions of City, county or state law. Should a person be found guilty and convicted of a misdemeanor or infraction for the violation of any provision of this Municipal Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation.
8.7.40 Legal Remedies
The City may choose to undertake any applicable legal action under law to correct and/or abate nuisances or violations of this Municipal Code, including the following:
A. Revocations. After a noticed hearing, an approval or permit may be revoked by the authority that issued it under the following conditions:
1. There has been a material violation of the terms or conditions of any approval or permit granted under this Municipal Code.
2. The approval or permit was obtained by deception or fraud.
3. The use represents a public nuisance.
4. The use subject to the approval no longer exists.
5. The permit or approval has not been activated in accordance with the terms of this Chapter.
B. Civil Actions. The following civil actions may be undertaken:
1. At the request of the Community Development Director, the District Attorney or City Attorney may apply to the Superior Court for injunctive relief to terminate a violation of this Municipal Code.
2. Where any person, firm or corporation fails to abate a violation after being provided a notice of violation and the opportunity to correct or end the violation, the Community Development Director may request the City Attorney or District Attorney to apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation and requiring the violator to pay for the cost of the actions.
3. The City may pursue nuisance abatement in compliance with this Municipal Code.
C. Civil Remedies and Penalties. The following Civil remedies and imposition of penalties may be initiated:
1. Any person who willfully violates the provisions of this Municipal Code or any permit issued in compliance with this Municipal Code shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) for each day that the violation continues to exist.
2. Any person violating any provisions of this Municipal Code or permits or other discretionary entitlements issued in compliance with this Municipal Code shall be liable to the City for the costs incurred and the damages suffered by the City, its agents, and agencies as a direct result of the violations.
3. In determining the amount of the civil penalty to impose, the City shall provide the court all relevant circumstances including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities and net worth of the defendant, whether corporate or individual, and any corrective action taken by defendant.
D. Criminal Actions and Penalties. The following criminal action and penalties may apply:
1. Any person who violates any provision of this Municipal Code, or who fails to comply with any obligation or requirement of this Municipal Code, is guilty of a misdemeanor unless otherwise provided, or unless the offense is charged as an infraction by a prosecuting attorney.
2. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this Municipal Code, or of any law or regulation referenced in this Municipal Code, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.
8.7.50 Recovery of Costs
This Section establishes procedures for the recovery of administrative costs, including staff time, expended on the enforcement of the provisions of this Municipal Code.
A. Record of Costs. The Community Development Department shall maintain records of all administrative costs incurred by responsible city departments associated with the processing of violations and enforcement of this Municipal Code. Staff time shall be calculated at an hourly rate as established and revised from time to time by the City Council.
B. Notice. Upon investigation and determination that a violation of any of the provisions of this Municipal Code exists, the Community Development Director shall notify the record owner or any person responsible for the violation, by mail, of the existence of the violation, the City’s intent to charge for all administrative costs associated with enforcement, and of the violator’s right to a hearing on any objections they may have. The notice shall be in a form approved by the City Attorney.
C. Summary of Costs and Notice. At the conclusion of the case, the Community Development Director shall send a summary of costs associated with enforcement to the responsible party by mail. The summary shall include a notice in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges within ten (10) days of the date of the notice and that, if no such request for hearing is filed, the responsible party will be held liable for the charges. In the event that no request for hearing is timely filed, or after a hearing, the responsible party shall be liable to the City in the amount stated in the summary. These costs shall be recoverable in a civil action in the name of the City in any court of competent jurisdiction.
D. Request for Hearing on Costs. Any person who receives a summary of costs shall have the right to a hearing of their objections to the proposed costs.
1. A request for hearing shall be filed with the Community Development Department within ten (10) days of the service by mail of the summary of costs.
2. Within thirty (30) days of the filing of the request, and on ten (10) days written notice to the defendant, the Community Development Director shall hold a hearing on the defendant’s objections to determine validity of the costs.
3. In determining the validity of the costs, the Community Development Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to, whether the defendant created the violation; whether there is a present ability to correct the violation; whether the defendant moved promptly to correct the violation; the degree of cooperation provided by the defendant; and whether reasonable minds can differ as to whether a violation exists.
4. The Community Development Director’s decision can be appealed to the City Council per this Article
E. Additional Permit Processing Fees. Any person who establishes a land use or erects, constructs, alters, enlarges, moves or maintains any structure, or engages in any activity without first obtaining any permit or other entitlement required by this Municipal Code, shall pay the additional application or permit fees established by the City Council for the correction of the violations, before being granted the required approval.
F. Recovery of Costs Related to Disturbance of the Peace. If it is established that there was reasonable cause for law enforcement personnel to have issued a notice and warning as set forth below to any person or persons for actions in violation of Penal Code Section 415 and/or Section 407, that such person or persons received such a notice and warning, that within six months of the time set forth in the notice and warning such person or persons were found in violation of such sections and arrested or given a citation therefore for further such acts at or near the location set forth in the notice and warning, and that the person or persons were found guilty of one or more of the violations of Penal Code Section 415 and/or Section 407 for which they were arrested or given a citation, or found guilty of one or more violations of Penal Code Section 272 wherein an act or omission caused, encouraged, persuaded or induced a minor to commit an offense as defined in Penal Code Section 415 and/or Section 407; then
1. The court imposing sentence on such person may, as a condition of probation, order such person to pay the reasonable costs necessarily incurred by the City for law enforcement officers’ return to the location of the incident which led to the conviction. In doing so the court shall follow the procedures set forth in Penal Code Section 1203.11, treating such costs as if they are the costs of an emergency response; or
2. The reasonable costs necessarily incurred by the City for law enforcement officers’ return to the location of the incident that led to a conviction shall be a charge against the person or persons convicted. The charge constitutes a debt of such person or persons and is collectible by the City in the same manner as in the case of an obligation under a contract. Prior to initiating an action to collect any such debt the City shall provide such person or persons a bill itemizing the charges and afford them at least 60 days to pay the bill.
3. At the time of the initial contact at the location, the law enforcement officer shall take any such actions and give such direction as necessary to abate the violation or condition and shall advise the responsible person in writing that, if additional law enforcement personnel are required to return to abate a continued or subsequent condition, the responsible person and owner or occupant of the property shall be held liable for the cost of providing such services. If personnel do return to the location following the warning and a conviction does result, then the cost of the services, shall be reimbursed to the county as provided in this section.
4. The form of the written notice and warning shall be in English and in Spanish and shall be substantially as follows:
NOTICE AND WARNING
On __________ (date) at __________ (time) a.m./p.m. at __________ (address) you were warned by __________ (name of enforcement officer) that your actions were in violation of Penal Code Section 415 and/or Section 407 and that if, within six (6) months of the time set forth above, you were found in violation of such sections and arrested or given a citation for further such acts at or near the location set forth above you may be required to pay the reasonable costs necessarily incurred by the City of La Habra Heights for law enforcement officers’ return to the location which led to your arrest or citation.