Chapter 1.28 ENFORCEMENT

Chapter 1.28
ENFORCEMENT

Sections:

1.28.020 Recovery of code enforcement fees.

1.28.050 Uniform special assessment procedures.

1.28.010 Enforcement.

In addition to those public officers and employees authorized by state law, this code and any other ordinances of the city may be enforced by the police department of the city, city personnel designated by job description as being responsible for enforcement of the municipal code, and the city manager or designee thereof. (Ord. 10-1988 § 8, 2010; Ord. 1714 § 1, 1990; 1964 Code § 1.9.)

1.28.020 Recovery of code enforcement fees.

The city council finds and declares as follows:

A. Pursuant to California Government Code Section 54988 and California Health and Safety Code Section 17951 (and any successor statutes thereto), the Covina building code, and any other applicable local, state, or federal law, as well as by the city’s police powers as authorized by the California Constitution, responsible persons, who cause, allow, permit, suffer, or maintain a violation in, or upon, any real property located within the city, shall be charged fees (hereafter “code enforcement fees”) by the city to defray its costs of code enforcement actions. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the city’s code enforcement actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to the initiation of such proceedings.

1. As used herein, “responsible person” means and includes any person that causes, creates, allows, permits, suffers, or maintains a public nuisance to exist or continue within the city, by any act or the omission of any act or duty, including, but not limited to, any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County assessor’s office. A responsible person shall also include, but shall not be limited to, employees, principals, joint venturers, officers, agents, and/or other persons acting in concert with, or at the direction of, and/or with the knowledge and/or consent of the owner and/or occupant of the lot, building or structure on, or in, which a public nuisance or violation exists or existed, as well as any persons with powers of attorney, executors of estates, trustees, or who are court-appointed administrators, conservators, guardians or receivers. “Responsible person,” with regard to personal property, shall be any person who has legal title, charge, control, or possession of such property. The actions or inactions of a responsible person’s agent, employee, representative or contractor may be attributed to that responsible person.

2. “Public nuisance” or “nuisance” means anything which is, or is likely to become, injurious or detrimental to health, safety or welfare, or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or that unlawfully obstructs the free passage or use, in the customary manner, of any sidewalk, public park, square, street or highway. Any condition, use, or activity that violates or is otherwise contrary to any provision of this code or any approval, license, permit, or other entitlement issued pursuant to or in accordance with this code, or that violates or is contrary to any applicable county, state, or federal law or regulation, shall also constitute a public nuisance.

3. As used herein, “violation” means and includes any prohibited activity, condition, or use on land or in connection with a building or a structure that is caused, allowed to exist, or maintained (whether due to an affirmative act, inaction, or omission) by a responsible person in disregard of, or nonconformity with, any other provision, regulation, prohibition, or requirement of the Covina Municipal Code, or any applicable county, state, or federal laws or regulations. Any such violation shall also constitute an unlawful public nuisance for each and every day or part thereof during which it is allowed, committed, continued, maintained or permitted by a responsible person.

4. As used herein, “code enforcement fees” shall mean fees imposed by the city to defray its costs of code enforcement actions, pursuant to California Government Code Section 54988 and California Health and Safety Code Section 17951 (and any successor statutes thereto), the Covina building code, and any other applicable local, state, or federal law, as well as by the city’s police powers as authorized by the California Constitution, including, but not limited to, the time and other resources of public officials and city consultants expended by them in identifying, inspecting, investigating, seeking or causing the abatement of a violation at a real property. Examples of code enforcement actions include, but are not limited to, site inspections, drafting reports, taking photographs, procuring other evidence, engaging in meetings with other officials of the city or other agencies, engaging in conferences and communications with responsible persons, their agents or representatives, concerning a violation, as well as with attorneys for the city at any time, and appearances before judicial officers or reviewing authorities during the commencement or pendency of a judicial or administrative hearing. The time and resources that public officials and city consultants further expend to confirm that a real property remains free of a violation while a responsible person is on probation to a court or when a matter concerning a property remains pending before a reviewing authority in an administrative action shall also constitute code enforcement actions.

B. The amount(s) or rate(s) of code enforcement fees for city personnel time and other resources that are used for code enforcement actions shall be established, and may thereafter be amended, by resolution of the city council.

C. The city manager, or a designee thereof, is authorized to adopt regulations for the uniform imposition of code enforcement fees, and for related administrative actions pertaining to such fees.

D. The fees imposed pursuant to this section shall be in addition to any other fines, fees, interest or charges that responsible persons may owe in accordance with any other provision of the Covina Municipal Code, or which are imposed pursuant to county, state or federal laws or regulations.

E. Code enforcement fees shall be recoverable in conjunction with any civil, administrative or criminal action to abate, cause the abatement or cessation of, or otherwise remove, a violation as defined in this section.

1. In every instance where an owner or other responsible person is required to obtain a permit, approval, license or entitlement under any provision of the Covina Municipal Code in connection with the abatement of a violation, the city may condition the issuance of said permit, approval, license or entitlement on the prior payment of all code enforcement fees.

F. Unpaid code enforcement fees shall constitute a debt that is collectible in any manner allowed by law, including, but not limited to: (1) the filing of a civil action in the Los Angeles superior court; and/or (2) the recordation of a lien with the Los Angeles County recorder’s office provided the responsible person has a legal interest in the property on which the violation was located; and/or (3) by means of a special assessment provided the responsible person has a legal interest in the property on which the violation was located; and/or (4) by means of collecting the debt using the California Franchise Tax Board “Inter-Agency Offset Program” (pursuant to Section 12419.10 of the California Government Code); and/or (5) by denying the issuance or renewal, pursuant to CMC 1.26.110, of any city approval, license, entitlement, or permit to any responsible person who has failed to pay code enforcement fees that are imposed pursuant to this section. The remedies may be concurrently used to collect unpaid code enforcement fees. (Ord. 12-2016 § 1, 2013; Ord. 09-1969 § 1, 2009.)

1.28.030 Recovery of attorney’s fees.

A. A prevailing party in any action, administrative proceeding, or special proceeding to abate, or cause the abatement of, a violation of this code or any public nuisance, or in any appeal or other judicial action arising therefrom, shall be entitled to recover reasonable attorney’s fees. Attorney’s fees are not recoverable by any person as a prevailing party unless the city manager, or a designee thereof, or an attorney for, and on behalf of, the city, elects in writing to seek recovery of the city’s attorney’s fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney’s fees in favor of any person or the city.

B. Provided that the city has made an election to seek attorney’s fees, an award of attorney’s fees to a person shall not exceed the amount of reasonable attorney’s fees incurred by the city in that action or proceeding.

C. Unpaid attorney’s fees shall constitute a debt that is collectible in any manner allowed by law. (Ord. 12-2016 § 2, 2013; Ord. 09-1969 § 1, 2009.)

1.28.040 Uniform lien procedures.

A. Unless a different procedure is authorized elsewhere in this code, where the code authorizes the city to record a lien for any unpaid fee, cost, charge, or other monies, the following procedures shall apply:

1. A lien may be recorded upon real property that is the subject of enforcement activity if the fine, fee, cost, charge, or other monies resulting from said enforcement activity are not paid within 45 calendar days of written notice thereof.

a. Said notice must have advised the owner(s) of the subject property in plain language of the city’s intent to record a lien if the fine, fee, cost, charge, or other monies were not paid within 45 calendar days, the amount of the proposed lien, a description of the basis for the amount(s) comprising the lien, and an opportunity to appear before the city council (or designee thereof) and to be heard regarding the amount of the proposed lien.

b. Where the city council designates another hearing body should the property owner(s) exercise his/her/their right to be heard, the hearing body shall make a written recommendation to the city council that shall include factual findings based on evidence introduced at the hearing. The city council may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the city council. Notice in writing of the de novo hearing shall be provided to the property owner(s) at least 10 calendar days in advance of the scheduled hearing.

2. The lien shall be recorded in the Los Angeles County recorder’s office and from the date of recording shall have the force, effect, and priority of a judgment lien.

3. A lien authorized by this section shall specify the amount of the lien for the city, the name of the city department or division on whose behalf the lien is imposed, the date upon which the lien was created, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

4. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (A)(3) of this section shall be recorded by the city. A lien and the release of the lien shall be indexed in the grantor-grantee index.

5. A lien may be foreclosed by an action brought by the city for a money judgment.

6. The city may recover from the property owner any costs incurred regarding the processing and recording of the lien, providing notice to the property owner as part of its foreclosure action to enforce the lien, and of pursuing a foreclosure action to enforce the lien. (Ord. 12-2016 § 3, 2013.)

1.28.050 Uniform special assessment procedures.

A. Unless a different procedure is authorized elsewhere in this code, where the code authorizes the city to impose a special assessment for any unpaid fee, cost, charge, or other monies, the following procedures shall apply:

1. A special assessment may be imposed upon real property that is the subject of enforcement activity if the fine, fee, cost, charge, or other monies resulting from said enforcement activity are not paid within 45 calendar days of written notice thereof.

a. Said notice must have advised the owner(s) of the subject property in plain language of the city’s intent to impose a special assessment if the fine, fee, cost, charge, or other monies were not paid within 45 calendar days, the amount of the proposed assessment, a description of the basis for the amount(s) comprising the assessment, and an opportunity to appear before the city council (or designee thereof) and to be heard regarding the amount of the proposed assessment.

2. The special assessment may be collected at the same time and in the same manner as property taxes are collected. All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the special assessment, except that if any real property to which the assessment would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the assessment that would otherwise be imposed by this section shall not attach to the real property and instead shall be transferred to the unsecured roll for collection.

3. A notice of special assessment shall be sent to the owner(s) of the subject real property by certified mail at the time the assessment is imposed which shall contain the following recitals:

The property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.

4. The city attorney or city prosecutor shall establish the notice of special assessment form for use, or consideration, by the tax collector for the city in collecting a special assessment.

5. The notice of special assessment shall also be entitled to recordation with the Los Angeles County recorder’s office.

6. It shall be the duty of the city manager (or designee thereof) to add the amounts of the assessment, or assessments, to the next regular bills for taxes levied against the respective real property in accordance with the policies and procedures established by the Los Angeles County department of auditor-controller.

7. The amount of a special assessment shall also constitute a personal obligation of the owner’s subject property. (Ord. 12-2016 § 4, 2013.)