Chapter 1.08
ENFORCEMENT OF THE FOLSOM MUNICIPAL CODE AND OTHER APPLICABLE LAWS
Sections:
1.08.035 Cost and fee recovery.
1.08.040 Procedures for enforcement.
1.08.010 Purpose and intent.
Pursuant to its authority as a charter city, the city of Folsom adopts the procedures and remedies set forth in this title for the enforcement of the Folsom Municipal Code and uniform codes adopted by the city. The purpose of Chapters 1.08 through 1.10 is:
A. To provide standards for the enforcement of the Folsom Municipal Code and other applicable laws;
B. To establish administrative sanctions for violations of the Folsom Municipal Code and other applicable laws as an alternative to criminal or civil enforcement penalties;
C. To establish a hierarchy of administrative sanctions and a prescribed method for enforcement through administrative hearings that are consistent with constitutional protections;
D. To provide for administrative abatement to remedy code violations and to provide for the recovery of costs incurred in administrative abatement as allowed for by state law; and
E. To provide for judicial review of final administrative orders or decisions made pursuant to this title in accordance with the procedures set forth in Code of Civil Procedure Sections 1094.5 and 1094.6.
Nothing in this chapter is intended to abridge or modify the authority of the city manager or other designated person to enforce the Folsom Municipal Code through criminal or civil penalties where such remedies are designated by ordinance as appropriate. (Ord. 846 § 2 (part), 1996)
1.08.020 Definitions.
As used in this chapter:
“Administrative violation” means any infringement or alleged infringement of the Folsom Municipal Code or other applicable laws for which enforcement is to be handled through the administrative procedures established in this title.
“Administrative sanctions” means the sanctions set forth in this chapter for violation of the Folsom Municipal Code or other applicable laws.
“Applicable laws” means any provisions of the Charter of the city of Folsom, any Uniform Code as adopted by the city of Folsom, design standards adopted by the city of Folsom, conditions imposed on any entitlement or environmental document issued or approved by the city of Folsom, and those state laws enforced by the city of Folsom which also have been designated by ordinance for enforcement pursuant to the procedures established in this title.
“Citizen complaint” means a report of an alleged violation of the Folsom Municipal Code or other applicable laws by any person or entity. “Citizen complaint” means and includes a complaint by a city official or city employee only to the extent such official or employee is able to demonstrate a direct affect on his/her person or property as a result of the alleged violation.
“Design standards” means written design standards, design guidelines or development standards that may be adopted by resolution or ordinance from time to time by the city council and/or planning commission, or that may be adopted as part of the conditions of approval on any project, that govern development of land within the city and that are on file with the city clerk.
“Enforcement authority” means the city manager or designated department head, building official, code enforcement officer or police official charged with responsibility for enforcement under this title.
“Entitlement” means any project approval issued by the city council, the planning commission, or any other committee, commission, or department as allowed for under procedures established by the Folsom Municipal Code.
“Mediation” means a meeting held between the enforcement authority and a responsible person under the supervision of an impartial third party to informally resolve issues relating to alleged violations of the Folsom Municipal Code or other applicable laws.
“Notice of administrative violation” means the notice issued by the enforcement authority of an alleged infringement of the Folsom Municipal Code or other applicable laws.
“Notice to correct” means the notice issued by the enforcement authority for required action to achieve compliance with the Folsom Municipal Code or other applicable laws.
“Reasonable time(s)” means between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, inclusive, unless otherwise required by: (1) an emergency impacting the safety or preservation of life or property; or (2) the fact that the alleged violation of the Folsom Municipal Code or other applicable laws only occurs at some other hour or on a weekend.
“Responsible person” means any person or entity charged with or found to have violated the Folsom Municipal Code or other applicable laws. “Responsible person” includes the parents and/or legal guardian of any person under the age of eighteen who is charged with a violation of the Folsom Municipal Code or other applicable laws.
“Stop order” means a written order issued by the enforcement authority or his/her designee that any and all work on a project, improvement or other development must cease on the terms and conditions set forth in the order.
“Uniform codes” means those uniform codes that have been adopted and amended from time to time by ordinance by the Folsom city council, including but not limited to the California Building Code, the Uniform Building Code, the Uniform Housing Code, the Uniform Fire Code, the Uniform Building Code Material Testing and Installation Standards, the Uniform Mechanical Code, the Uniform Plumbing Code, the Uniform Administrative Code, the Uniform Swimming Pool and Hot Tub Code, the Uniform Code for the Abatement of Dangerous Buildings and the National Electrical Code. (Ord. 846 § 2 (part), 1996)
1.08.030 Public nuisance.
Any violation of the Charter of the city of Folsom, of any ordinance of the Folsom Municipal Code, of any provision of any uniform codes adopted by the city, or of any design standards is declared to be a public nuisance, subject to redress as provided for in this title. (Ord. 846 § 2 (part), 1996)
1.08.035 Cost and fee recovery.
Any person violating any provision of this code resulting in the city filing a civil action to obtain code compliance or remedy such violation shall be liable for the costs of such matter, including but not limited to costs of investigation, court costs, attorney’s fees, and costs of monitoring compliance. (Ord. 1153 § 2, 2011)
1.08.040 Procedures for enforcement.
The city of Folsom shall enforce the provisions of the Folsom Municipal Code or other applicable laws through any of the following procedures:
A. Administrative action concerning an administrative violation as provided for in Chapter 1.09;
B. Criminal action prosecuted in the name of the people of the state of California when a criminal violation is expressly provided for by ordinance;
C. Civil action instituted by the city attorney in the name of the city of Folsom; or
D. Abatement as authorized by Chapter 1.10. (Ord. 846 § 2 (part), 1996)