Chapter 18.98
ENFORCEMENT AND PENALTIES
Sections:
18.98.020 Permits and Licenses
18.98.030 Official Duty to Enforce
18.98.050 Remedies are Cumulative
18.98.070 Revocation or Modification
18.98.080 Initial Enforcement Action
18.98.110 Additional Permit Processing Fees
18.98.010 - Purpose of Chapter
This Chapter establishes provisions which are intended to ensure compliance with the requirements of this Development Code and any conditions of planning permit or subdivision approval, to promote the City’s planning efforts, and for the protection of the public health, safety, and welfare of the City.
18.98.020 - Permits and Licenses
All departments, officials, and public employees of the City who are assigned the authority or duty to issue certificates, licenses, or permits shall comply with the provisions of this Development Code.
A. Permits in conflict with Development Code. Certificates, licenses, or permits for uses or structures that would be in conflict with the provisions of this Development Code shall not be issued.
B. Permits deemed void. Any certificate, license, or permit issued in conflict with the provisions of this Development Code shall be deemed void.
18.98.030 - Official Duty to Enforce
A. Designated City employee. The Director may:
1. Exercise the authority provided in Section 836.5 of the Penal Code through the City’s Code Enforcement Officer(s); and
2. Issue notices of violation, stop work orders, and citations for any violations of this Development Code pertaining to the use of any land, and the addition, alteration, construction, conversion, installation, moving, reconstruction, or use of any structure.
B. Police Chief, City Attorney. The Police Chief and City Attorney shall render any and all necessary assistance to the Director for the enforcement of this Development Code.
18.98.040 - Violations
Any use of land or structures operated or maintained contrary to the provisions of this Development Code and any structure constructed or maintained contrary to the provisions of this Development Code are hereby declared to be a public nuisance.
A. Public nuisance. Any use or structure which is altered, constructed, converted, demolished, enlarged, established, erected, maintained, moved, or operated, contrary to the provisions of this Development Code or any applicable condition of approval imposed on a permit, is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties established by Municipal Code Chapter 6.12 and identified in Municipal Code Section 15.04.110.
B. Criminal violation. Any person, whether an agent, principal, or otherwise, violating or causing the violation of any provision of this Development Code or any permit issued in compliance with this Development Code shall be guilty of a misdemeanor or an infraction at the election of the City and/or its prosecuting official, and upon conviction thereof, shall be punishable by the applicable fine established by Municipal Code Chapter 6.12 and identified in Municipal Code Section 15.04.110.
C. Misdemeanors. Any offense that would otherwise be an infraction may, at the discretion of the District Attorney or City Attorney, be filed as a misdemeanor if the defendant has been convicted of two or more violations of any provision of this Development Code within the 12 months immediately preceding the commission of the offense, or has been convicted of three or more violations of any provision of this Development Code within the 24 months immediately preceding the offense.
D. Stop Work Order.
1. Any construction in violation of this Development Code or any conditions imposed on a permit shall be subject to the issuance of a “Stop Work Order.”
2. Any violation of a Stop Work Order shall constitute a misdemeanor and a public nuisance, and shall be subject to the remedies and penalties established by Municipal Code Chapter 6.12 and identified in Municipal Code Section 15.04.110.
18.98.050 - Remedies are Cumulative
A. Cumulative, not exclusive. All remedies contained in this Development Code for the handling of violations or enforcement of the provisions of this Development Code shall be cumulative and not exclusive of any other applicable provisions of City, County, or State law.
B. Other remedies. Should a person be found guilty and convicted of a misdemeanor or infraction for the violation of any provision of this Development Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s).
18.98.060 - Inspections
A. Preapproval inspections. Every applicant seeking a permit or any other action in compliance with this Development Code shall allow the City officials handling the application access to any premises or property which is the subject of the application.
B. Post approval inspections. If the permit or other action in compliance with this Development Code is approved, the owner or applicant shall allow appropriate City officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.
18.98.070 - Revocation or Modification
A. Purpose. Discretionary permits or approvals issued in compliance with this Development Code may be revoked or modified in compliance with this Section.
B. Procedures. This Section provides procedures for securing revocation or modification of previously approved permits or approvals.
C. Revocations. The City’s action to revoke a permit or approval shall have the effect of terminating the permit and denying the privileges granted by the original approval.
D. Modifications. City modification of a permit or approval instead of revocation may include any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be reasonable and necessary to ensure that the permit is operated in a manner consistent with the original findings for approval.
E. Hearings and notice.
1. The appropriate Review Authority, as described in Subsection F.1., below, shall hold a public hearing to revoke or modify a permit or approval granted in compliance with the provisions of this Development Code.
2. Ten days before the public hearing, notice shall be delivered in writing to the applicant for the permit or approval being considered for revocation, and/or owner of the property for which the permit was granted. The only exception to the 10-day notice provision shall be for Limited Term Permits which, because of their short term nature, shall only require a 24-hour notice.
3. Notice shall be deemed delivered two days after being mailed, certified and/or first class mail, through the United States Postal Service, postage paid, to the owner as shown on the County’s current equalized assessment roll and to the project applicant, if not the owner of the subject property.
F. Review Authority action.
1. Permits. A Use Permit, Minor Use Permit, or other City planning permit or approval (except a Variance, see Subsection F.2.) may be revoked or modified by the Review Authority (e.g., Director, Commission, or Council) that originally approved the permit, if the Review Authority first makes any one of the following findings:
a. Circumstances under which the permit or approval was granted have been changed to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require revocation or modification;
b. The permit or other approval was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or approval;
c. One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated;
d. The approved use or structure has ceased to exist or has been suspended for at least 12 months;
e. An improvement authorized in compliance with the permit is in violation of any applicable code, law, ordinance, regulation, or statute; or
f. The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare, or the manner of operation constitutes or is creating a nuisance.
2. Variances. A Variance or Administrative Variance may be revoked or modified by the Review Authority which originally approved the Variance or Administrative Variance, if the Review Authority first makes any one of the following findings, in addition to the findings in Subsection F.1., above:
a. Circumstances under which the original approval was granted have been changed to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance or Administrative Variance; or
b. One or more of the conditions of the Variance or Administrative Variance have not been met, or have been violated, or
c. The grantee has not substantially exercised the rights granted by the Variance or Administrative Variance.
18.98.080 - Initial Enforcement Action
This Section describes the procedures for initiating enforcement action in cases where the Director has determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Development Code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Chapter may be avoided.
A. Notice to responsible parties. The Director shall provide the record owner of the subject site and any person in possession or control of the site with a written Notice of Violation, which shall include the following information:
1. A description of each violation, and citations of applicable Development Code provisions being violated;
2. A time limit for correcting the violation in compliance with Subsection B., below;
3. A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violations in compliance with Section 18.98.100 (Recovery of Costs), and/or initiate legal action as described in Section 18.98.090 (Legal Remedies); and
4. A statement that the property owner may request and be provided a meeting with the Director to discuss possible methods and time limits for the correction of the violations.
B. Time limit for correction.
1. The Notice of Violation shall state that the violations shall be corrected within 14 days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the Director within that time to arrange for a longer period for correction.
2. The 14-day time limit may be extended by the Director upon a showing of good cause.
3. The Director may also require through the Notice of Violation that the correction occur within less than 14 days if the Director determines that the violation constitutes a hazard to public health or safety.
C. Use of other enforcement procedures. The enforcement procedures of Section 18.98.090 (Legal Remedies) may be employed by the Director after or instead of the provisions of this Section where the Director determines that this Section would be ineffective in securing the correction of the violation(s) within a reasonable time.
18.98.090 - Legal Remedies
The City may choose to undertake any one or all of the following legal actions to correct and/or abate any nuisances or violations of this Development Code.
A. Civil actions.
1. Injunction. The City Attorney, upon order of the Council, may apply to the Superior Court for injunctive relief to terminate a violation of this Development Code.
2. Abatement proceedings. Where any person fails to abate a violation after being provided a Notice of Violation in compliance with Section 18.98.080.A. and the opportunity to correct or end the violation, the City may levy one or more Code Enforcement Fees to recover costs associated with code enforcement activities until such time as the violation is corrected. In the event that the violation is not remedied the City Attorney, upon order of the Council, shall apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation and require the violator to pay for the cost of the actions.
3. Nuisance abatement. The City may pursue any remedies or enforcement action, as provided in Municipal Code Chapter 6.12 for the abatement of a nuisance.
B. Civil remedies and penalties.
1. Civil penalties and Code Enforcement Fees. Any person who violates the provisions of this Development Code or any permit issued in compliance with this Development Code, shall be liable for a civil penalty in compliance with the City’s Fee Schedule for each day that a violation continues to exist.
2. Costs and damages. Any person violating any provisions of this Development Code or any permit issued in compliance with this Development 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 violation.
3. Procedure. In determining the amount of the civil penalty to impose, the City and Court should consider all relevant circumstances, including 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.
C. Criminal actions and penalties. See Section 18.98.040.B. (Criminal violation).
18.98.100 - Recovery of Costs
This Section establishes procedures for the recovery of administrative costs, including staff and City Attorney time expended on the enforcement of the provisions of this Development Code in cases where no permit is required in order to correct a violation. The intent of this Section is to recover City administrative costs reasonably related to enforcement.
A. Record of costs.
1. The Department shall maintain records of all administrative costs incurred by responsible City departments, associated with the processing of violations and enforcement of this Development Code, and shall recover the costs from the property owner in compliance with this Section.
2. Staff time shall be calculated at an hourly rate as established and revised from time to time by the Council.
B. Notice. Upon investigation and a determination that a violation of any of the provisions of this Development Code is found to exist, the Director shall notify the record owner or any person having possession or control of the property by certified mail of the existence of the violation(s), the Department’s intent to recover all administrative costs associated with enforcement, and of the right to a hearing on any objections to recovery of said costs. The notice shall be in a form approved by the City Attorney.
C. Summary of costs and notice.
1. At the conclusion of the case, the Code Enforcement Planner shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified and first class mail.
2. 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 for City cost recovery within 10 days of the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.
3. In the event that no request for hearing is timely filed or, after a hearing the Director affirms the validity of the costs, the property owner or person in control shall be liable to the City in the amount stated in the summary or any lesser amount as determined by the Director.
4. The costs shall be recoverable in a civil action in the name of the City, in any court of competent jurisdiction, or by tax assessment, or by a lien on the property, at the City’s election.
D. Attorney’s fees. In any action or administrative proceeding to abate a nuisance, the prevailing party in the action or proceeding shall be entitled to recover reasonable attorney’s fees; however, the amount of attorney’s fees awarded to a prevailing party shall not exceed the amount of attorney’s fees incurred by the City in the action or proceeding. Further, an award of attorney’s fees in compliance with this Section shall only be allowed where the City elects, at the initiation of the action or proceeding, to seek recovery of its own attorney’s fees.
E. Request for hearing on costs. Any property owner, or other person having possession and control of the subject property, who receives a summary of costs shall have the right to a hearing before the Director of Finance on their objections to the proposed costs.
1. A request for hearing shall be filed with the Department within 10 days of the service by mail of the Department’s summary of costs, on a form provided by the Department.
2. Within 30 days of the filing of the request, and on 10 days written notice to the owner, the Director of Finance shall hold a hearing on the objections, and determine their validity.
3. In determining the validity of the costs, the Director of Finance shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include:
a. Whether the present owner created the violation(s);
b. Whether there is a present ability to correct the violation(s);
c. Whether the owner moved promptly to correct the violation(s);
d. The degree of cooperation provided by the owner; and
e. Whether reasonable minds can differ as to whether a violation(s) exists.
4. The Director of Finance’s decision shall be appealable to the City Manager and Council as provided by Chapter 18.92 (Appeals).
18.98.110 - Additional Permit Processing Fees
Any person who establishes a land use, or alters, demolishes, constructs, enlarges, erects, maintains, or moves any structure without first obtaining any permit required by this Development Code, shall pay the additional permit processing fees established by the City’s Fee Schedule for the correction of the violations, before being granted a permit for a use or structure on the site.
18.98.120 - Reinspection Fees
A. Amount and applicability of reinspection fee.
1. A reinspection fee shall be imposed on each person who receives a Notice of Violation, notice and order, or letter of correction of any provision of this Development Code or the Municipal Code, adopted Building Code, or State law.
a. The fee amount shall be established by the City’s Fee Schedule.
b. The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.
2. The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, whether or not the correction has been made.
B. Continuation of the original case.
1. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Development Code or the Municipal Code for less than 180 days, the violation shall be deemed a continuation of the original case, and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee.
2. This fee is intended to reimburse the City for administrative costs incurred for additional City inspections, and is not a penalty for violating this Development Code or the Municipal Code.
3. Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of this Development Code or the Municipal Code, or costs incurred by the City for the abatement of a public nuisance.