Chapter 1.12
CODE ENFORCEMENT
Sections:
1.12.030 Violation of this code constitutes a public nuisance.
1.12.040 Causing, permitting, etc., a violation.
1.12.070 Criminal enforcement of code violations.
1.12.080 Criminal citation procedure.
1.12.090 Violations of rules and regulations of subordinate boards or commissions.
1.12.100 Civil action – Collection of costs by the City.
1.12.110 Administrative enforcement of code violations.
1.12.120 Hearing request and procedure.
1.12.130 Administrative costs.
1.12.140 Administrative fines and penalties.
1.12.150 Summary abatement procedure.
1.12.160 Cost accounts and imposition of liens or special assessments.
1.12.170 Supplementary enforcement authority.
1.12.180 Limitation of time for judicial review of quasi-judicial decisions.
1.12.010 Title.
This chapter shall be known as the “Code Enforcement Ordinance,” and is hereinafter referred to within this chapter as “this chapter.” (Ord. 985 § 2, 2002. Code 1964 § 21-1.)
1.12.020 Purpose.
Pursuant to Government Code Section 38771, et seq., the City Council establishes the procedures set forth in this chapter for the purpose of abatement of nuisances.
The purpose of this chapter is to provide the City of Healdsburg (“City”) with criminal, civil, and administrative remedies, which shall be in addition to all other legal remedies that may be pursued by the City to address any violation of the Healdsburg Municipal Code. For purposes of this chapter, the Healdsburg Municipal Code shall be referred to as “this code” and shall include all current, but uncodified, City ordinances, including the City’s zoning ordinance, all incorporated Uniform Codes, and any applicable state laws and regulations. The election of remedies provided by this chapter shall be at the sole discretion of the City and its officials. (Ord. 985 § 2, 2002. Code 1964 § 21-2.)
1.12.030 Violation of this code constitutes a public nuisance.
A violation of this code, including any continuing violation of this code, is hereby declared to be a public nuisance. The City may elect to pursue any remedies for nuisance abatement as provided within this code or under any applicable state or federal statute, including criminal prosecution. The City Manager, or any body designated by the City Manager, may order the abatement of any public nuisance, as defined in this code or in any state or federal statute, following notice and a hearing, unless the nuisance qualifies for summary abatement procedures, as described in HMC 1.12.150. The City Manager may direct that any required hearing be conducted before any designated board, commission or hearing officer.
It shall be a violation of this code to violate any term or condition of any license, permit, agreement, or approval granted or issued pursuant to this code. Any person, whether as principal, agent, employee or otherwise, violating or contributing to the violation of any such term or condition shall be subject to the sanctions provided in this chapter or any other law. (Ord. 985 § 2, 2002. Code 1964 § 21-3.)
1.12.040 Causing, permitting, etc., a violation.
Causing, permitting, aiding, abetting, contributing to, or concealing a violation of any provision of this code shall constitute a violation of such provision. (Ord. 985 § 2, 2002. Code 1964 § 21-4.)
1.12.050 Enforcement officer.
“Enforcement officer” means any person who is charged by the City Manager with responsibility for enforcement of any provision of this code. In addition to any other powers conferred upon him/her by this code or by other state, county or federal law, any designated enforcement officer shall have the authority to arrest a person without a warrant, issue a notice to appear, as described in Penal Code Section 948, or issue a notice of violation, as described in HMC 1.12.110, if such enforcement officer has cause to believe that a violation of this code was, or is being, committed. (Ord. 985 § 2, 2002. Code 1964 § 21‑5.)
1.12.060 Separate offenses.
A separate offense shall be deemed committed each day a violation of any provision of this code occurs or continues. (Ord. 985 § 2, 2002. Code 1964 § 21-6.)
1.12.070 Criminal enforcement of code violations.
A. A violation of this code may be prosecuted as a criminal offense. Unless expressly described as an infraction, a violation of any provision of this code, or failing to comply with any mandatory requirement hereof, shall constitute a misdemeanor. Notwithstanding the preceding sentence or any other section of this code, a violation of this code may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction.
B. Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punished by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months or by both fine and imprisonment pursuant to Government Code Section 36901.
C. Any person convicted of an infraction under this code shall be punished by a fine of not more than $100.00 for a first violation, or a fine of not more than $200.00 for a subsequent violation of the same code section within one year, pursuant to Government Code Section 36900(b). A third (or more) violation of the same code section by the same person within a 12-month period may be charged and prosecuted as a misdemeanor.
D. Upon entry of a subsequent conviction against the same property owner within a two-year period for a condition of real property constituting a public nuisance under this chapter (except for conditions abated pursuant to Health and Safety Code Section 17980), the court may require the owner to pay to the City treble the cost of the abatement, pursuant to Government Code Section 38773.7. Any costs awarded to the City may be enforced in the manner described in HMC 1.12.160. (Ord. 985 § 2, 2002. Code 1964 § 21-7.)
1.12.080 Criminal citation procedure.
A. If an enforcement officer arrests a person for a violation of this code or any other City ordinance and elects to charge the violation as a misdemeanor or infraction, the arresting officer shall prepare in duplicate a written notice to appear, pursuant to Penal Code Section 853.6 containing the name and address of such person, the offense(s) charged, and the time and place where and when such person shall appear in court. The arresting officer shall deliver one copy of the notice to appear to the violator and the violator, in order to secure release, must give his written promise to so appear in court by signing the duplicate notice which shall be retained by the officer.
B. The time specified in the notice to appear must be at least 45 days after the date of the arrest.
C. The arresting officer shall, as soon as practicable, send the duplicate notice to appear to the City attorney who will process the citation with the Superior Court of Sonoma County (hereinafter, “the court”). Thereupon the clerk of the court shall fix the amount of bail according to the bail schedule recommended by resolution of the City Council. The defendant may, prior to the date upon which he promised to appear in court, deposit with the court the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear either in person or by counsel, the magistrate may declare the bail forfeited, and may, in his discretion, order that no further proceedings shall be had in such case.
D. The City Council shall establish, by resolution, a recommended bail schedule which may be amended from time to time. The amount of recommended bail imposed for violations that are prosecuted as criminal offenses pursuant to this chapter shall be set forth in the bail schedule. The bail schedule shall include a recommended amount for any increased fines for repeated violations of the same provisions by the same person within a 12-month period from the date of the issuance of a notice to appear.
E. Any person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. (Ord. 1112 § 2, 2012; Ord. 985 § 2, 2002. Code 1964 § 21-8.)
1.12.090 Violations of rules and regulations of subordinate boards or commissions.
Except as expressly provided in this code, any conduct or activity declared to be a violation of any rule or regulation adopted by any subordinate board or commission established pursuant to a resolution adopted by the City Council shall be prosecuted as an infraction, if the enforcement officer elects to pursue criminal enforcement of such violation. (Ord. 985 § 2, 2002. Code 1964 § 21-9.)
1.12.100 Civil action – Collection of costs by the City.
A. The provisions of this code may be enforced by a civil court action, prosecuted by the City attorney in the name of the City.
B. Whenever the City attorney is authorized or directed to commence or sustain any civil action or proceeding, either at law or in equity, to enforce any of the provisions of this code, or any rule, regulation or order promulgated or issued pursuant to this code, or any condition of an approval, permit or license granted pursuant to this code, or to enjoin or restrain any violation thereof, or otherwise to abate any public nuisance, or to collect any sums of money on behalf of the City, then the prevailing party in such action or proceeding shall be entitled to collect all costs and expenses of the same, including attorney’s fees in an amount not to exceed the amount of attorney’s fees incurred by the City in the action or proceeding, as authorized by Government Code Section 38773.5(b). Any award of costs and expenses pursuant to this section or Government Code Section 38773.5 shall be made a part of the judgment in any such prosecution.
C. Upon entry of a second or subsequent civil judgment against the same property owner within a two-year period for a condition of real property constituting a public nuisance under this chapter (except for conditions abated pursuant to Health and Safety Code Section 17980), the court issuing judgment may order the owner to pay treble the cost of the abatement, pursuant to Government Code Section 38773.7. (Ord. 985 § 2, 2002. Code 1964 § 21-10.)
1.12.110 Administrative enforcement of code violations.
The fines and administrative penalties provided under this chapter are enacted under the authority of the City’s general police powers, and Government Code Sections 36901, 38773.5, and 53069.4. The City Manager, or any designated enforcement officer, shall have the authority to gain compliance with all provisions of this code. These powers include the power to issue a notice of violation, as described herein, the power to inspect public and private property, and to seek and employ whatever remedies are available under this code.
A. Whenever an enforcement officer finds that a provision of this code has been violated, he or she shall notify the person responsible for the violation in writing of the violation and provide the person a reasonable time to correct the violation. The time allowed for correcting the violation shall be a “reasonable time” in the judgment of the enforcement officer based upon the circumstances of the particular nuisance taking into consideration the means required to abate the nuisance, the period of time that the nuisance has existed, and the potential threat to public health and safety created by the nuisance. The notice of violation required under this section shall be personally served on the person responsible for the violation or by first class U.S. Mail. A copy of the notice shall also be mailed by first class U.S. Mail to the property owner, if different, at the last known address listed on the most recent tax assessor’s records.
B. If after issuing a notice of violation and providing the person responsible for the violation reasonable time to correct the violation, an enforcement officer finds that the violation has not been corrected, he or she shall issue an administrative citation to the person responsible for the violation. The enforcement officer shall include in the citation the following information:
1. Date and location of the violation, including the address or definite description of the location where the violation occurred, or is occurring;
2. Section(s) of the code being violated and a description of the violation;
3. The amount of the fine for the code violation and a description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
4. A description of the administrative citation review process, including the time within which the administrative citation may be contested, and the place from which a request for hearing form may be obtained;
5. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;
6. A statement that the failure to correct or abate the nuisance may result in the nuisance being removed under authority of the City and the costs of such removal and abatement made a legal charge against the owner or owners of the property;
7. The name and signature of the citing enforcement officer; and
8. A copy of the notice of violation issued in subsection (A) of this section.
C. The administrative citation shall be personally served on the person responsible for the violation or shall be sent by registered or certified U.S. Mail. A copy of the administrative citation shall also be sent by registered or certified U.S. Mail to the property owner, if different, at the last known address listed on the most recent tax assessor’s records. In the case of service by registered mail or certified mail, service shall be completed at the time of deposit into the United States Mail. The failure of any person to receive a notice of violation that was sent via registered or certified mail shall not affect the validity of any enforcement proceedings under this chapter.
D. The enforcement officer shall retain a declaration of the person effecting service, declaring the date, time, and manner that service was made, if applicable.
E. Except as provided in subsection (F) of this section, the maximum amount of the fine imposed for each code violation under this section shall not exceed $1,000 per day for each ongoing violation up to a maximum penalty of $20,000 exclusive of any amounts imposed for recovery of administrative costs. In determining the amount of the administrative fine or penalty to be imposed, the hearing officer should consider the factors listed in HMC 1.12.140(B).
F. The fine shall be paid within 30 days from the date of the administrative citation.
G. Payment of a fine under this section shall not excuse or discharge any continuation or repeated occurrence of the code violation. (Ord. 1133 § 1, 2014.)
1.12.120 Hearing request and procedure.
A. Any recipient of an administrative citation may request an appeals hearing to contest that there was a violation, as specified in the administrative citation, or that he or she is the responsible party for said violation, by completing a request for hearing form and returning it to the City Clerk within 30 days from the date of the administrative citation. At the time of returning the request for hearing form to the City Clerk, the person or entity requesting the appeals hearing shall deposit the amount of the fine and pay the applicable nonrefundable appeals processing fee.
B. If the recipient of an administrative citation does not submit a proper request for an appeals hearing and does not comply with the notice of violation by the specified date, the enforcement officer shall have the right to request a hearing before the hearing officer to seek an order of abatement. The enforcement officer shall serve written notice of the date, time and subject of the hearing in the same manner as HMC 1.12.110(C) at least 10 days before the hearing.
C. Any hearing under this section shall be set for a date not less than 15 days nor more than 60 days from the date that the request for hearing form is filed, or notice given by the enforcement officer is provided, unless the enforcement officer determines that the matter is urgent or that good cause exists for an extension of time, in which case the date for such hearing may be shortened, or extended, as warranted by the circumstances. The person requesting the hearing shall be notified of the time, date and location of the hearing at least 10 days before the hearing. Any additional reports prepared by the enforcement officer for the hearing shall be provided to the recipient of the administrative citation, and the property owner if different, at least five days before the date of the hearing.
D. Any hearing provided in this section shall provide a full opportunity for the person or persons subject to a notice of violation to appear and object to the determination that a violation has occurred and/or that the violation continues to exist.
E. The city manager shall be authorized to assign hearing responsibilities from time to time to any person or persons qualified by training or experience whom the city manager may appoint, employ or who are retained by contract to conduct such hearings. At the place and time set forth in the notice of hearing, the hearing officer shall conduct a hearing on the notice of violation. The hearing officer shall consider any written or oral evidence regarding the violation that may be presented by the person responsible for the violation, real property owner, any officer or agent of the City, and any other interested party. The administrative citation and any additional reports submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
F. After receiving all of the evidence presented, the public portion of the hearing shall be closed. Within 30 days following the conclusion of the hearing, the hearing officer shall issue a written decision to uphold, dismiss, or modify the administrative fine and/or direct the City to take whatever steps are necessary to correct or eliminate the nuisance condition. The hearing officer shall state the reasons for the decision and shall send a copy of the decision to the person that requested the hearing and to the enforcement officer. The decision of the hearing officer is final and may not be appealed. If the citation is upheld, the fine amount on deposit with the City shall be retained by the City. If the citation is dismissed, the City shall promptly refund the amount of any fine deposited, together with interest at the average rate earned on the City’s portfolio for the period of time the fine was held by the City.
G. Any person aggrieved by a decision of the hearing officer may obtain review of said decision in the Sonoma County superior court by filing with the court a lawsuit subject to the conditions and time periods described in HMC 1.12.180. (Ord. 1133 § 2, 2014.)
1.12.130 Administrative costs.
A. A person who fails to pay any fine or other charges owed to the City, or otherwise abate a nuisance within the time period provided, is liable, in addition to the fine, for the City’s administrative costs, late payment charges, costs of compliance re-inspections, collection costs, and costs of abatement including:
1. Administrative costs based on time spent by code enforcement department staff, supervisors and the city attorney at the full-cost hourly rate of each employee including salary, benefits and overhead;
2. Late payment charges due at the rate of 10 percent per month;
3. Compliance re-inspections based on staff time at the full-cost hourly rate;
4. Actual collection costs in any action brought by the City for all costs incurred in securing payment of the delinquent amount, including but not limited to administrative costs and attorneys’ fees; and
5. Actual costs of City abatement of the nuisance.
B. The City may collect any past due fines and administrative costs and charges by any available legal means. (Ord. 1133 § 3, 2014.)
1.12.140 Administrative fines and penalties.
A. The bail schedule described in HMC 1.12.080(D) shall not limit or affect the amount of actual fines or penalties imposed by any administrative citation, including any fines and penalties authorized by Government Code Section 36901, nor shall said bail schedule limit or preclude the recovery of any costs incurred by the City in enforcing the provisions of this code or abating any nuisance condition, where the same may be lawfully imposed.
B. In determining the amount of an administrative fine or penalty to be levied against a person responsible for the violation, the hearing officer may take the following factors into consideration:
1. The duration of the violation;
2. The frequency, reoccurrence, and number of violations by the same violator;
3. The seriousness of the violation;
4. The justification, if any, for the existence, or continuance, of the violation;
5. The good faith efforts of the violator to mitigate the violation or to come into compliance, pursuant to the terms of the notice of violation;
6. The impact of the violation on the community;
7. The economic impact of the proposed penalty or fine on the violator; and
8. Such other factors as justice may require.
C. Any administrative fine or penalty imposed by an enforcement officer shall accrue from the date specified in the administrative citation and shall continue to accrue on a daily basis until the violation is corrected. The determination of compliance or elimination of the violation shall be determined by the enforcement officer, or the hearing officer at the time of an appeals hearing. (Ord. 1133 § 4, 2014.)
1.12.150 Summary abatement procedure.
Whenever, in the reasonable judgment of the enforcement officer, the existence or continuance of any public nuisance poses an imminent or immediate danger of significant harm to persons or property, or endangers the public health, welfare or safety, an enforcement officer may act to abate such nuisance. The expense or cost resulting from such summary abatement shall be enforceable as a personal obligation of the person, persons, or entity responsible for the nuisance, including the property owner of any property on which such public nuisance exists, whether or not the owner is in possession of the property. The expense or cost of summary abatement may be imposed as a lien or a special assessment, as described in HMC 1.12.160. (Ord. 985 § 2, 2002. Code 1964 § 21-15.)
1.12.160 Cost accounts and imposition of liens or special assessments.
A. If a judicial order or administrative order authorizes the City to abate a public nuisance, the City official(s) responsible for the abatement project shall keep an accounting of the cost of abatement and shall render a written report to the City Council showing the cost of removing and/or abating the nuisance. Before the report is submitted to the City Council, a copy shall be posted for at least three business days on the City Hall bulletin board with a notice of the time and place when the report will be submitted to the City Council for confirmation. A copy of the report and notice shall be mailed to the violator, or the owner of the property where the nuisance existed if the nuisance concerned real property, at the address shown on the last tax roll. The copy of the report and notice shall be mailed at least 10 days prior to the submission of the report to the City Council.
B. At the time and place fixed for receiving and considering the report, the City Council shall hear a summary of the report and any objections by the violator or property owner against whom the cost of abatement is being charged or against whose property an abatement lien or special assessment may be imposed for the cost of abatement. After considering the report and any objections thereto, the City Council may make such modifications to the report as it deems appropriate, after which the report shall be confirmed by resolution or order.
C. Any fines or penalties imposed for violations of this code, including any other codes or statutes that have been incorporated into this code, any expenses of enforcement, and the cost or expenses associated with the abatement of a public nuisance that are levied in accordance with this chapter may be enforced by the recordation of a lien against the property of the violator or the owner of the real property where the nuisance condition existed. Any such lien shall be recorded in the county recorder’s office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien. A lien authorized by this section shall specify the amount of the lien, the name of the City on whose behalf the lien is imposed, the date of the abatement order, 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. Before recordation of a lien authorized by this section, notice shall be served on the owner of record of the parcel of land on which the nuisance existed, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served in the same manner as a summons in a civil action. If the owner of record cannot be found after a diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in Sonoma County, California. Any fee imposed on the City by the county recorder for costs of processing and recording the lien and the cost of providing notice to the property owner in the manner described herein may be recovered from the property owner in any foreclosure action to enforce the lien after recordation.
D. As an alternative to the lien procedure described above, any fines or penalties imposed for violations of this code, including any other codes or statutes that have been incorporated into this code, any expenses of enforcement, and the cost or expenses associated with the abatement of a public nuisance that are levied in accordance with this chapter, may become a special assessment and lien against the real property where the nuisance condition existed. Any special assessment imposed on real property pursuant to this section 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 is provided for ordinary municipal taxes. Notice of any special assessment that is levied on real property, pursuant to this section, shall be given to the property owner by certified mail, and shall contain the information set forth in Government Code Section 38773.5(c). All laws applicable to the levy, collection, and enforcement of municipal taxes, including those described in Government Code Section 38773.5(c), shall be applicable to such special assessment. (Ord. 985 § 2, 2002. Code 1964 § 21-16.)
1.12.170 Supplementary enforcement authority.
Nothing in this chapter shall prevent the City from initiating a criminal, civil or administrative enforcement action, or any other legal or equitable proceeding, to obtain compliance or to discourage noncompliance with the provisions of this code. The enforcement procedures described in this chapter are intended to be alternative methods of obtaining compliance and/or discouraging noncompliance with the provisions of this code and are expressly intended to be in addition to any other remedies provided by law. It is the intent of the City Council that the immunities prescribed in Penal Code Section 836.5 shall be applicable to public officers or employees acting in the course and scope of employment pursuant to this chapter. (Ord. 985 § 2, 2002. Code 1964 § 21-17.)
1.12.180 Limitation of time for judicial review of quasi-judicial decisions.
A. Except as otherwise provided herein, the provisions of California Code of Civil Procedure (C.C.P.) Section 1094.6 or successor statute are hereby adopted and any petition for review of an administrative decision of the City of Healdsburg, or of any of its boards, commissions, departments, agencies, or persons authorized to render such a decision, shall be filed within the time limits prescribed therein. Notwithstanding such time limits, where a shorter time limitation is provided by any other law, such shorter time limit shall apply.
B. The limitation provided in subsection (A) of this section shall apply to any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken and discretion in the determination of facts is vested in the person(s) conducting the hearing.
C. The limitation provided in subsection (A) of this section shall apply to all quasi-judicial proceedings now pending or hereafter begun. Written notice of said limitation of Code of Civil Procedure Section 1094.6 shall be given to the parties by the decision-maker in substantially the following form:
The time within which judicial review of this decision must be sought is governed by C.C.P. §1094.6. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time is provided by any State or Federal law, such shorter time limit shall apply.
D. The limitation provided in subsection (A) of this section shall be construed to require that petitions filed pursuant to Code of Civil Procedure Section 1094.6 for review of administrative decisions rendered prior to the effective date of the ordinance codified in this chapter must be filed within 90 days from the date upon which notice of the time limits provided in this section is mailed or personally delivered to all parties to such administrative decision, unless a shorter time limit applies. Notice under this subsection shall be in substantially the following:
By ordinance, the time limits set forth in California Code of Civil Procedure §1094.6 have been made applicable to the decision rendered by (decision maker) on (date) concerning (title or description of administrative action). Judicial review must be sought not later than the 90th day following the date of this notice, except that where a shorter time limit is prescribed by any other law, such shorter time limit shall apply.
E. This section shall not be deemed to revive any cause of action or grounds for relief through a special proceeding which is barred by law or equity.
F. All costs of preparing a record which may be recovered by a local agency pursuant to Code of Civil Procedure Section 1094.6(c) or successor statute shall be paid by the petitioner prior to delivery of the record to petitioner. (Ord. 985 § 2, 2002. Code 1964 § 21-18.)