Chapter 1.10
CODE ENFORCEMENT—GENERALLY

Sections:

1.10.010    Title.

1.10.020    Purpose and authority.

1.10.030    Definitions.

1.10.040    Violation a public nuisance—Alternative remedies provided.

1.10.050    Violation of license, permit, agreement or approval.

1.10.060    Actions deemed to be violations—Causing or permitting a violation.

1.10.070    Separate and continuing violations.

1.10.010 Title.

Chapters 1.10 through 1.15 shall be known as the code enforcement chapters of the municipal code. (Ord. 659-2008 § 2 (part), 2008)

1.10.020 Purpose and authority.

The city council establishes the procedures set forth in Chapters 1.10 through 1.15 for declaring and addressing nuisance conditions and other violations of this code, pursuant to California Government Code Sections 36900 et seq., 38660, 38771 through 38775, inclusive, 53069.4, 54988, and all other statutes and laws referenced herein. The purpose of Chapters 1.10 through 1.15 is to provide criminal, civil, and administrative remedies, which shall be in addition to all other legal remedies that may be pursued by the city, to prevent, discourage, abate, or otherwise address any nuisance condition or violation of this code, as that term is defined below. (Ord. 659-2008 § 2 (part), 2008)

1.10.030 Definitions.

A. “Abatement order” and “administrative order” shall mean an order issued by a hearing officer following an appeal hearing or an order to show cause hearing.

B. “Administrative costs” shall mean that segment of costs of abatement that includes staff time expended that was reasonably related to enforcement activities under Chapters 1.10 through 1.15. Administrative costs shall include, but not be limited to, site inspections and re-inspections, third party inspections, investigations, printing, research, preparation of summaries, reports, notices, and the time and expense of preparing for and attending meetings and/or hearings related to abatement proceedings. The hourly rate for staff time shall be set by the city council and may be revised from time to time.

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

D. “City” shall mean the city of Cloverdale.

E. “Code” or “this code” shall mean the city’s municipal code, all uniform codes that have been incorporated into the city’s municipal code, and any applicable local, state or federal laws and regulations that are or may be enforced by the city, including, without limitation, the State Housing Law (Health and Safety Code Section 17910 et seq.).

F. “Code 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 or her by this code or by any other law, a code enforcement officer shall have the authority to issue a notice to appear, or issue a notice of violation, as described in Section 1.14.020, if the code enforcement officer has cause to believe that a violation of this code was, or is being, committed or that any nuisance conditions exist.

G. “Compliance” shall mean 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 a code enforcement officer, hearing officer, or city council.

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

I. “Day” or “days” shall mean calendar days.

J. “Enforcement action” shall mean any notice of violation, hearing, citation, investigation, complaint or petition, or any administrative or judicial order under authority of Chapters 1.10 through 1.15 or pursuant to any other legal authority.

K. “Hearing officer” shall mean any person or persons appointed by the city council, or by any person designated by the city council to make the appointment, to conduct a hearing pursuant to Chapters 1.10 through 1.15.

L. “NOV” or “notice of violation” shall mean a written notice of a violation of this code given to a responsible party by a code enforcement officer as specified in Section 1.14.020.

M. “Nuisance condition” shall mean any condition described in California Civil Code Section 3479 or Section 1.10.060 of this code, and shall also include, but not be limited to, any violation of this code.

N. “Occupant” shall mean 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), or assignee(s), or any authorized agent of any such person(s).

O. “OSC” or “order to show cause” shall mean an order issued with an NOV as specified in Section 1.14.030 requesting the responsible party to appear at a hearing to show cause why the city should not abate the nuisance condition described in the NOV at the responsible party’s expense.

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

Q. “Penalty” shall mean an administrative fine or penalty imposed on the responsible party, pursuant to Section 1.14.050.

R. “Responsible party” shall mean 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. 659-2008 § 2 (part), 2008)

1.10.040 Violation a public nuisance—Alternative remedies provided.

Any violation of this code, including a continuing violation as described in Section 1.10.070, 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 Chapters 1.10 through 1.15. In addition to the remedies provided in Chapters 1.10 through 1.15, the city expressly reserves the right to utilize enforcement remedies available under any applicable state or federal statute or pursuant to any other lawful power the 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 Chapters 1.10 through 1.15 or other applicable law shall be at the sole discretion of city officials. A hearing officer may order the abatement of any nuisance condition, including abatement by the 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 1.15. (Ord. 659-2008 § 2 (part), 2008)

1.10.050 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. Any responsible party (including, without limitation, any agent, employee, or contractor of the responsible party) violating or contributing to the violation of any such term or condition shall be subject to enforcement as provided in Chapters 1.10 through 1.15 and in any other applicable law. (Ord. 659-2008 § 2 (part), 2008)

1.10.060 Actions deemed to be violations—Causing or permitting a 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 term or condition of 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 any land, building or premises that is established, conducted, operated or maintained contrary to any license, permit, condition or approval relating to the use of said land, or that is contrary to any provision of this code, shall be deemed a violation of this code. Causing, permitting, aiding, abetting, contributing to, or concealing a violation of any provision of this code shall constitute a violation of such provision. (Ord. 659-2008 § 2 (part), 2008)

1.10.070 Separate and continuing violations.

A separate offense shall be deemed committed on each day a violation of this code occurs or continues; any penalty imposed for a violation pursuant to Section 1.14.050 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. (Ord. 659-2008 § 2 (part), 2008)