Chapter 1.32
CODE ENFORCEMENT
Sections:
1.32.010 Declaration of purpose.
1.32.015 Code violations constitute a public nuisance.
1.32.030 General enforcement authority.
1.32.040 Authority to inspect.
1.32.050 Criminal violations, misdemeanors and infractions.
1.32.060 Civil violations, injunctions and civil penalties.
1.32.070 Code enforcement performance bond.
1.32.100 Proof of service of notices.
1.32.110 Code enforcement fund established.
1.32.120 Authority to recover costs.
1.32.010 Declaration of purpose.
The city council finds that the enforcement of the this code and applicable state codes throughout the city is an important public service. Code enforcement is vital to the protection of the public’s health, safety and quality of life. The council recognizes that enforcement starts with the drafting of precise regulations that can be effectively applied in administrative enforcement hearings and judicial proceedings. The council further finds that a comprehensive code enforcement system that uses a combination of administrative and judicial remedies is critical to gain compliance with code regulations. Failure to comply with an administrative code enforcement action may require the city attorney to file a judicial action to gain compliance. (Ord. 586 § 1 (part), 1998).
1.32.015 Code violations constitute a public nuisance.
A violation of Patterson’s Municipal Code is unlawful and constitutes a public nuisance. When this code is violated, the city may collect damages pursuant to California Government Code Section 38773.7, seek remedies under applicable state or federal statute, and pursue remedies provided in this code. (Ord. 751 (part), 2014).
1.32.020 Definitions.
As used in this chapter:
“Abatement” means any action the city may take on public or private property and any adjacent property as may be necessary to remove or alleviate a public nuisance, including but not limited to demolition, removal, repair, boarding and securing or replacement of property.
“Abatement notice” means a notice issued by an enforcement official which requires a responsible person to abate a public nuisance.
“Administrative enforcement order” means an order issued by an enforcement hearing officer after a hearing requiring a responsible person to correct violations, abate a public nuisance, pay civil penalties and administrative costs or take any other action as authorized or required by this title and applicable state codes. The enforcement order may also include an order authorizing the city to abate a public nuisance or assess a code enforcement lien.
“City” means the area within the territorial city limits of the city of Patterson and such territory outside of this city over which the city has jurisdiction or control by virtue of any constitutional provision or any law.
“Code enforcement lien” means a lien recorded to collect outstanding civil penalties and administrative costs imposed as part of a cost recovery, administrative or judicial code enforcement action.
“Code enforcement performance bond” means a bond posted by a responsible person to ensure compliance with this code, applicable state codes, a judicial action or administrative enforcement order.
“Costs” includes, but is not limited to, court costs, attorney’s fees, costs of removal, costs of demolition, costs of repair or replacement, law enforcement costs or other expenses incurred by the city in enforcing the Patterson Municipal Code.
“Council” means the city council of the city of Patterson.
“Enforcement hearing officer” means any person appointed by the city manager to preside over administrative enforcement hearings.
“Enforcement official” means the city manager, department director, building official or other enforcement official as designated by the city manager.
“Financial institution” means any person that holds a recorded mortgage or deed of trust on a property.
“Imminent life safety hazard” means any condition which creates a present, extreme and immediate danger to life, property, health or public safety.
“Legal interest” means any interest that is represented by a document such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic’s lien or other similar instrument which is recorded with the Stanislaus County recorder’s office.
“Minor violation” means any violation of this code or applicable state codes which does not meet the definition of a public nuisance as set forth in this section.
“Person” means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them, or any other entity which is recognized by law as the subject of rights or duties.
“Property owner” means a person with a legal interest in real property.
“Public nuisance” means: (1) any condition caused, maintained or permitted to exist which constitutes a threat to the public’s health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable or free use of property in a neighborhood, community or to any considerable number of persons; (2) as defined as nuisance in Civil Code Section 3479; and (3) as defined in Health and Safety Code Section 17920(k) to include any other form of nuisance recognized at common law or in equity.
“Responsible person” means a person who an enforcement official determines is responsible for causing or maintaining a public nuisance, a violation of this code or applicable state codes. The term “responsible person” includes but is not limited to a property owner, tenant, lessee, occupant, person with a legal interest in the real property or person in possession of the real property.
“Vacant structure” means any structure or building that: (1) is unoccupied or occupied by unauthorized persons; and (2) is unsecured or boarded. (Ord. 751 (part), 2014: Ord. 586 § 1 (part), 1998).
1.32.030 General enforcement authority.
The enforcement official shall have the authority and powers necessary to gain compliance with the provisions of this code and applicable state codes. These powers include the power to issue notices of violation and administrative citations, inspect public and private property, and use whatever judicial and administrative remedies available under this code or applicable state codes. (Ord. 586 § 1 (part), 1998).
1.32.040 Authority to inspect.
The enforcement official is authorized to enter upon any property or premises to ascertain whether the provisions of this code or applicable state codes are being obeyed, and to make any examinations and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the enforcement official may seek an administrative inspection warrant pursuant to the procedures provided for in California Code of Civil Procedure Sections 1822.50 through 1822.59. (Ord. 586 § 1 (part), 1998).
1.32.050 Criminal violations, misdemeanors and infractions.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this code shall constitute a misdemeanor; except that notwithstanding any other provision of this code, any such violation constituting a misdemeanor under this code may, in the discretion of the city attorney, be charged and prosecuted as an infraction; except in cases where a different punishment is prescribed by any ordinance of the city. Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period of not more than six months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code, unless provision is herein otherwise made, shall be punishable by fine only as follows:
A. Upon a first conviction, by a fine of not exceeding two hundred fifty dollars, and for a second conviction or any subsequent conviction within a period of one year, by a fine of not exceeding five hundred dollars.
B. Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly. (Ord. 586 § 1 (part), 1998).
1.32.060 Civil violations, injunctions and civil penalties.
In addition to any other remedy provided by this code, any provision of this code may be enforced by an injunction issued by the Superior Court upon a suit brought by the city of Patterson. As part of a civil action filed to enforce provisions of this code, a court may assess a maximum civil penalty of five hundred dollars per violation of this code for each day during which any person commits, continues, allows or maintains a violation of any provision of this code. (Ord. 586 § 1 (part), 1998).
1.32.070 Code enforcement performance bond.
As part of any court action, the city has the authority to require a responsible person to post a performance bond to ensure compliance with this code, applicable state codes or any judicial action. (Ord. 586 § 1 (part), 1998).
1.32.080 Judicial abatement.
Pursuant to California Government Code Section 38773, the city has the authority to judicially abate public nuisances by filing criminal or civil actions. The city also has the authority to make the expense of abatement of the nuisance a special assessment, or a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with California Government Code Section 38773.1 or 38773.5. (Ord. 586 § 1 (part), 1998).
1.32.090 Service of notices.
A. Whenever a notice or letter is required to be given under this code for enforcement purposes, the notice or letter shall be served by any of the following methods, unless different provisions are otherwise specifically stated to apply:
1. Personal service; or
2. Certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice that is sent certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.
B. Service by certified or regular mail by the manner described in this section shall be effective on the date of mailing. The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this code. (Ord. 586 § 1 (part), 1998).
1.32.100 Proof of service of notices.
Proof of service of notice may be made by the certificate of any officer or employee of the city or by affidavit of any person over the age of eighteen years. The proof of service shall show that service was done in conformity with this code or other provisions of law applicable to the subject matter concerned. (Ord. 586 § 1 (part), 1998).
1.32.110 Code enforcement fund established.
All fees, costs, reimbursements or monies received pursuant to the provisions of this title shall be placed in a special fund which is created and established for such purposes and which shall be known as the code enforcement fund. Sums collected under this title shall be appropriated and allocated as determined by the city manager for the specific purpose of reimbursement of costs incurred and continued code enforcement activities. (Ord. 586 § 1 (part), 1998).
1.32.120 Authority to recover costs.
In addition to the other remedies available to the city for a code violation under this chapter, the city may also recover any costs expended for code enforcement. The city may use any legal means available to recover the costs of code enforcement, including but not limited to liens against property and actions for the recovery of money. The city may only place a special assessment lien against property when the money being collected is due to a violation directly connected to the property. (Ord. 751 (part), 2014).