Chapter 1.01
CODE ADOPTION
Sections:
1.01.110 Liberal construction.
1.01.120 Applicability of chapter.
1.01.130 Title, chapter and section headings.
1.01.140 Use of English language required.
1.01.190 Code enforcement and penalties.
Code reviser’s note: For statutory provisions authorizing cities to codify their ordinances and/or resolutions, see Government Code Section 36931 et seq.
1.01.110 Liberal construction.
The provisions of the code shall be liberally construed to obtain its purposes and objects. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
1.01.120 Applicability of chapter.
Unless the provision or the context otherwise requires, the general provisions, rules of construction, and definitions set forth in this chapter shall govern the construction of this code. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
1.01.130 Title, chapter and section headings.
Title, chapter, and section headings do not govern, limit, modify or in any way affect the scope, meaning, or intent of the provisions of any title, chapter or section. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
1.01.140 Use of English language required.
Whenever any notice, report, statement, or record is required by this code, it shall be made in the English language. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
1.01.150 Severability.
If any provision of this code or the application thereof to any person or circumstances is held invalid, the remainder of the code or the application of such provisions to other persons or circumstances shall not be affected thereby. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
1.01.160 Time of day.
Whenever a certain hour or time of day is specified in this code, such hour or time shall be standard time or daylight saving time, whichever is in current use in the city. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
1.01.170 Liability.
No provision of this code shall be construed as imposing upon the city any liability or responsibility for personal injury or property damage resulting from any activity or condition which arises or exists by virtue of any provision or requirement of this code, including construction, installation, or repair of any facility, equipment or property, or from any defect therein; nor shall the city or any officer or employee thereof be held as assuming any liability or responsibility by reason of any inspection authorized herein. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
1.01.180 Fees.
Except as otherwise provided in this code, all fees collected herein shall be paid into the city treasury. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
1.01.190 Code enforcement and penalties.
A. In the event any provisions within this code regarding enforcement or penalties conflict with the provisions in this section, this section shall prevail.
B. The city may pursue any and all legal and equitable remedies related to the enforcement of the provisions of this code, including criminal, civil, and administrative remedies and penalties and any related cost recovery authorized pursuant to this code and state law.
C. Separate Offenses. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by any such person, and he or she shall be punished accordingly.
D. Property Owner Liable. The owner of any property, building, or structure within the city is responsible for keeping such property, building, or structure free of violations of this code related to its use or condition. The owner of such property, building, or structure may be separately liable for violations committed by tenants, occupants, or guests relative to the use or condition of the property.
E. Criminal Enforcement. Any violation of this code, including a failure to comply with an administrative order issued hereunder, may be prosecuted as a criminal offense. Except as otherwise provided, any person who violates any of the provisions of this code, or who fails to comply with any of the regulatory or administrative requirements of this code, is guilty of a misdemeanor, and upon conviction may be punished by a fine not in excess of $1,000 or by imprisonment in jail for not more than six months, or by both fine and imprisonment, pursuant to Government Code Section 36901.
1. Whenever in this code an act or failure to act is prohibited or declared unlawful yet no specific remedy is provided therefor, the violation shall be deemed a misdemeanor and shall be punished as set forth in subsection (E) of this section.
2. The city council shall establish, by resolution, a recommended bail schedule for criminal violations of this code, which may be amended from time to time.
F. Notwithstanding the above provisions, a violation of any provision of this code may be an infraction when the code specifies as such or when the prosecutor files a complaint charging the offense as an infraction or reduces the charge to an infraction.
1. Any person convicted of an infraction under this code shall be punished by a fine of not more than $100.00 for the first violation; a fine of not more than $200.00 for a subsequent violation of the same code section within one year; or a fine of $500.00 for each additional violation of the same code section within one year, pursuant to Government Code Section 36900. Fines for infractions stemming from building and safety code violations may be higher, pursuant to Government Code Section 36900(c).
2. Multiple Infractions. Any offense which would otherwise be an infraction may be a misdemeanor if the defendant has been convicted of the same offense three or more times within the 12-month period immediately preceding the commission of the offense and the convictions are alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed a conviction of the offense charged.
G. Causing, permitting, aiding, abetting, contributing to, or concealing a violation of any provision of this code shall constitute a violation of such provision.
H. Enforcement officers may enforce this code. “Enforcement officer” means any city official or employee authorized by the city manager to enforce provisions of this code, including but not limited to those from the neighborhood services department, police department and the public works department, as well as any contract agent authorized by the city to enforce this code.
I. 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 law, including criminal prosecution as set forth in this section.
J. Civil Action. The provisions of this code may be enforced by a civil court action prosecuted by the district attorney or the city attorney, or his or her authorized designee. The city may take any actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgments Law, California Code of Civil Procedure, Sections 680.010 et seq., and all other applicable laws.
K. Failure to Obey Notice and Order. Any person who fails, neglects, or refuses to comply with a final administrative citation, or a notice and order, issued pursuant to this code shall be guilty of a misdemeanor. An administrative citation, or notice and order, becomes final by a failure to file a timely appeal, or after a hearing officer’s decision on an appeal is rendered. [Ord. 43-2013 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
1.01.200 Recovery of delinquent code enforcement fees, penalties, charges and costs by lien or special assessment.
A. Purpose and Definitions. This section establishes the procedures for the collection of delinquent code enforcement fees, penalties, charges, and costs including late charges and interest by recording a lien or imposing a special assessment against a subject property. This section may be used by the city to carry out lien and assessment procedures referenced in any provision of this municipal code when allowed under applicable laws. If the subject property is not an owner-occupied dwelling, subsection (C) of this section shall be followed. If the subject property is an owner-occupied dwelling, subsection (D) of this section shall be followed. Whenever the delinquencies involve nuisance abatement activity by the city, subsection (E) of this section shall also apply. These recovery methods may be used by the city in addition to any and all other legal and equitable remedies related to cost recovery authorized by this code and state law.
1. In the event the procedures in this section directly conflict with any other provision of this code, this section shall prevail.
2. The term “delinquent” or “delinquency” or “delinquencies” means any fee, penalty, cost, charge (including late charges and interest) or money owed to the city that has not been paid within 45 days of the first notice of it being due.
3. The term “designated hearing officer” means a hearing officer appointed by the city manager, or his or her designee, to carry out these procedures. Such appointment shall comply with RCMC 1.05.200.
B. These procedures shall be applied following any and all required notices, hearings, and procedures pertaining to violations, citations, inspections, enforcement, and abatement procedures under this code.
C. Recovery of Delinquent Fees, Penalties, Costs and Charges Associated with Code Enforcement and Nuisance Abatement for all Properties in the City, Except for Owner-Occupied Dwellings.
1. Pursuant to Section 54988 of the Government Code and other applicable laws, the city may collect any delinquent fee, penalty, cost, or charge by making the amount a lien or a special assessment against the property that is the subject of the enforcement activity (“subject property”) pursuant to the applicable procedures set forth in subsection (F) (for special assessments) or (G) (for liens) of this section.
2. This subsection (C) shall apply to delinquent fees, penalties, costs and charges associated with all properties in the city, except for owner-occupied dwellings, for the following:
a. The abatement of public nuisances, including but not limited to nuisance abatement under Chapters 16.18, 16.20, 16.22 and 16.23 RCMC, and graffiti and weed abatement under the RCMC.
b. Inspections and abatement of violations of the State Housing Law (commencing with Section 17910 of the Health and Safety Code) and regulations or ordinances pursuant to such laws.
c. Inspections and abatement of violations of Article 1 (commencing with Section 13100) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code related to fire protection and regulations and ordinances pursuant to such laws.
d. The correction of any violation of any law, regulation, or city ordinance that would also be a violation of Section 1941.1 of the Civil Code related to untenable dwellings.
e. Inspections and abatement of violations of the California Building Standards Code within the California Code of Regulations.
f. The enforcement of zoning ordinances adopted pursuant to Chapter 4 (commencing with Section 65800) of Division 1 of Title 7 of the Government Code or any other constitutional or statutory authority.
g. Sewer use charges, which may be collected via this section or via the procedures established in Chapter 15.05 RCMC.
h. Storm drainage fees, which may be collected via this section or via the procedures established in RCMC Title 15.
i. Abandoned vehicles fees, which may be collected via this section or via the procedures established in Chapter 6.56 RCMC.
j. Inspections and abatement related to local ordinances and regulations that implement any of the foregoing or implement the abatement of any nuisance under the RCMC.
3. This subsection (C) shall not apply to any enforcement, abatement, correction, or inspection activity regarding a violation for which the violation was evident on the plans that received a building permit.
D. Recovery of Delinquent Fees, Penalties, Charges and Costs Associated with Nuisance Abatement Performed by the City for Owner-Occupied Dwellings.
1. Pursuant to Sections 38773, 38773.1, and 38773.5 of the Government Code, and all other applicable laws, the city may collect any delinquent fee, penalty, cost, or charge related to nuisance abatement by making the amount a lien or special assessment against the property that is the subject of the enforcement activity pursuant to the applicable procedures set forth below in subsection (F) (for special assessments) or (G) (for liens) of this section.
2. This subsection (D) shall apply to delinquent fees, penalties, costs and charges for owner-occupied dwellings for the following:
a. The abatement of nuisances by the city, including but not limited to nuisance abatement under Chapters 16.18, 16.20, 16.22 and 16.23 RCMC, and graffiti and weed abatement under the RCMC.
b. Administrative costs related to the abatement of nuisances by the city, including but not limited to those incurred in inspecting property, publication, mailing and posting of notices, conducting hearings, processing appeals and pursuing any judicial action and attorneys’ fees.
c. Storm drainage fees, which may be collected via this section or via the procedures established in RCMC Title 15.
d. Abandoned vehicles fees, which may be collected via this section or via the procedures established in Chapter 6.56 RCMC.
e. Sewer use charges, which may be collected via this section or via the procedures established in Chapter 15.05 RCMC.
3. Pursuant to Section 38773.7 of the California Government Code, upon entry of a second subsequent civil or criminal judgment within a two-year period finding that an owner is responsible for a condition that may be abated and such costs made a special assessment against the subject property, a court may order the owner to pay treble the costs of abatement. This section shall not apply to conditions abated pursuant to Section 17980 of the Health and Safety Code.
E. Confirmation of Costs and Hearing for Delinquencies Related to Nuisance Abatement Performed by the City. Whenever the delinquent fees, penalties, costs, and charges involve nuisance abatement performed by the city, this subsection (E) shall be followed in addition to the applicable sections of subsection (F) or (G) of this section. The itemized accounting of expenses (“costs report”) involved in the abatement shall be submitted to the city council or a hearing officer designated by the city manager or finance director for confirmation at a public hearing. Such costs reports may include but are not limited to those related to inspecting the property, publication, mailing and posting of notices, penalties, permit fees, fines, late charges, interest, nuisance abatement, conducting hearings, processing appeals and attorneys’ fees associated with the abatement.
1. The costs report shall be filed with the city clerk no later than 15 calendar days in advance of the confirmation of costs hearing. The city clerk shall schedule the public hearing to receive protests and confirm the costs report no sooner than 10 calendar days from the date notice is sent to the property owner.
2. Notice to Property Owner. A statement showing the itemized accounting of expenses and the time and place of the public hearing to confirm the costs report shall be sent by certified mail to the owner of the subject property. Such notice shall state that the hearing is for the purpose of confirming the costs report associated with abatement and to hear any objections to such costs, and that such costs may become a lien or special assessment on the property if not paid within the required period after confirmation at the hearing. Notice shall be sent at least 10 calendar days prior to the hearing date. If the owner cannot be located, notice shall be posted conspicuously on the subject property for at least 10 days prior to the hearing date.
3. At the time fixed for the hearing on the confirmation of costs, the city council or the designated hearing officer shall consider the costs report, any testimony related thereto, and any protests or objections raised by those liable for the cost of abatement.
a. Protests and objections shall relate to expenses for abatement and related administrative costs and not to the merits of underlying violations.
b. The city council or hearing officer may revise, correct, or modify the costs report where it is determined to be just and shall thereafter confirm the costs report. The decision of the city council or hearing officer regarding the costs report shall be final.
c. If the city council is the reviewing body it shall confirm the costs report by resolution.
d. A hearing officer shall confirm the approved costs report with a signed version submitted to the finance director, who shall include it with the resolution submitted to city council regarding the proposed lien or assessment.
e. In the event the property owner fails to appear at the noticed hearing, the hearing shall be conducted in his or her absence and all rights to protest the costs report shall be considered waived by the property owner.
4. The liable individual shall have 45 days to pay the amount owed in the approved costs report and shall be informed of this in writing immediately following the hearing. If timely payment is not made, the delinquent amount may become a lien or a special assessment on the property pursuant to the procedures in subsection (F) or (G) of this section.
F. Special Assessment Procedures. This subsection establishes the procedures for the collection of delinquent fees and costs under subsections (C) (for all properties except owner-occupied dwellings) and (D) (for owner-occupied dwellings) of this section by imposing a special assessment against the subject property. If used, these procedures shall follow any required confirmation of costs hearing held pursuant to subsection (E) of this section for delinquencies related to nuisance abatement.
1. Notice of Proposed Special Assessment and Hearing. The city shall provide notice to the subject property owner of the proposed special assessment, a description of the basis for the amounts comprising the assessment, a minimum of 45 days after notice to pay the fee, cost, or charge, and an opportunity to appear before the city council or a hearing officer designated by the city manager regarding the amount of the proposed assessment. The date of the hearing shall be at least 10 calendar days from the notice date. This notice shall be sent by certified mail to the last known address of the owner of the property, and shall also include the subject property’s street address, assessor’s parcel number, the name and address of the recorded owner of the property, and the time, date and location of the hearing. Any notice of proposed special assessment may be recorded.
a. If the delinquencies relate to nuisance abatement and were the subject of a prior confirmation of costs hearing under subsection (E) of this section, the notice of proposed special assessment shall not include language regarding a hearing. Such notice shall include a description of the basis for the amounts comprising the proposed special assessment, reference the confirmation of costs hearing outcome, and state that unless the delinquencies are paid in full within 10 calendar days, the city shall impose the special assessment against the subject property pursuant to subsection (F)(3) of this section; no further hearing is required.
2. Hearing on Proposed Special Assessment for Delinquencies under Subsections (C) and (D) of This Section. Unless subsection (F)(1)(a) of this section applies, no less than 10 calendar days after the notice date, the city council or designated hearing officer shall hold a hearing on the proposed special assessment and hear all objections and protests to the special assessment.
a. Protests and objections shall relate to the calculation of delinquencies and not to the merits of underlying violations.
b. The city council or hearing officer may revise, correct, or modify the proposed special assessment amount where it is determined to be just and shall thereafter confirm or modify the amount owed. The decision of the city council or hearing officer regarding the special assessment amount shall be final. A hearing officer shall confirm the proposed special assessment with a signed version submitted to the finance director, who shall include it with the resolution submitted to city council regarding the proposed assessment. The property owner shall receive a copy of the confirmed proposed assessment.
c. In the event the property owner fails to appear at the noticed hearing, the hearing shall be conducted in his or her absence and all rights to protest the proposed assessment shall be considered waived by the property owner.
3. Imposition of Special Assessment. Following the hearing required by subsection (E) or (F)(2) of this section, the city council may cause the proposed special assessment to be imposed against the subject property by approval of a resolution at a regular or special meeting; no further hearing or notice for the council action is required. Such approval may occur at the same meeting at which the protest hearing was held. Such resolution, and supporting documents, shall be sent to the county assessor and county recorder following notice to the subject property owner pursuant to subsection (F)(4) of this section. The notice of special assessment under subsection (F)(4) of this section shall accompany the resolution and supporting documents filed with the county recorder and county assessor.
4. Notice of Special Assessment. The city shall mail the owner of the subject property by certified mail, a certificate substantially in the following form:
NOTICE OF SPECIAL ASSESSMENT
Under the authority of [Government Code Section 38773.5 and/or Government Code Section 54988] and Section 1.01.200 of the Rancho Cordova Municipal Code, the City did [abate a nuisance/conduct inspections/perform code enforcement/correct violations/issue citations] upon the real property hereafter described and then on [date of assessment], did assess the cost of such actions upon the real property. The City of Rancho Cordova claims a special assessment on the real property for the expense of doing the work in the amount of [enter dollar amount of special assessment]. This amount is a special assessment against the real property until it is paid, with interest at the rate of ten percent (10%) a year from [date of accrual of interest; date assessment added to tax roll], and discharged of record. The real property may be sold after three years by the tax collector for unpaid delinquent assessments. The real property referred to above, and upon which the special assessment is claimed is that certain parcel of land situated in the City of Rancho Cordova, County of Sacramento, State of California, more particularly described as follows:
[Legal description of property, address, and assessor’s parcel number]
Dated: [Date of notice]
City of Rancho Cordova:
By:
_____________________________
[Name of City Official]
Finance Director
Attest:
_____________________________
[Name of City Clerk]
City Clerk
5. Collection of Special Assessment. The county assessor (tax collector) may collect the amount of the special assessment at the same time and in the same manner as ordinary municipal taxes and ad valorem property taxes, and impose the same penalties and procedures, including the sale of property, in case of delinquency, as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of property taxes shall be applicable to the special assessment.
G. Lien Procedures. This section establishes the procedures for the collection of delinquent fees, penalties, costs, and charges by proposing a lien against the subject property. If used, these procedures shall follow any required confirmation of costs hearing held pursuant to subsection (E) of this section for delinquencies related to nuisance abatement. All liens recorded under this section shall have the same force, priority, and effect as a judgment lien, not a tax lien. The city may foreclose on a lien by an action for money judgment.
1. Notice of Proposed Lien and Hearing for Delinquencies under Subsection (C) of This Section (Regarding All Types of Property within the City Except for Owner-Occupied Dwelling Units). The city shall provide notice to the subject property owner of the proposed lien, a description of the basis for the amounts comprising the lien, a minimum of 45 days after notice to pay the fee, penalty, cost, or charge, and an opportunity to appear before the city council or a hearing officer regarding the amount of the proposed lien. The date of the hearing shall be at least 10 calendar days from the date notice is sent to the property owner. This notice shall be sent by certified mail to the last known address of the owner of the property, and shall also include the subject property’s street address, assessor’s parcel number, and the name and address of the recorded owner of the property. Any notice of lien may be recorded.
a. If the delinquencies relate to nuisance abatement and were the subject of a prior confirmation of costs hearing under subsection (E) of this section, the notice of lien shall not include language regarding a hearing. Such notice shall include a description of the basis for the amounts comprising the lien, reference the confirmation of costs hearing outcome, and state that unless the delinquencies are paid in full within 10 calendar days, the city shall record the lien against the property pursuant to subsection (G)(2)(b) of this section; no further hearing is required.
2. Hearing on Proposed Lien for Delinquencies under Subsection (C) of This Section (Regarding All Types of Property within the City Except for Owner-Occupied Dwelling Units). Unless subsection (G)(1)(a) of this section applies, no less than 10 calendar days after the notice date, the city council or designated hearing officer shall hold a hearing on the proposed lien and hear all objections and protests to the lien.
a. Protests and objections shall relate to the calculation of delinquencies and not to the merits of underlying violations.
b. The city council or hearing officer may revise, correct, or modify the proposed lien amount where it is determined to be just and shall thereafter confirm or modify the amount owed. The decision of the city council or hearing officer regarding the lien amount shall be final. A hearing officer shall confirm the proposed lien with a signed version submitted to the finance director, who shall include it with the resolution submitted to city council regarding the proposed lien. The owner of the subject property shall receive a copy of the signed report.
c. In the event the property owner fails to appear at the noticed hearing, the hearing shall be conducted in his or her absence and all rights to protest the proposed lien shall be considered waived by the property owner.
3. Recordation of Lien for Delinquencies under Subsection (C) of This Section (Regarding All Types of Property in the City Except for Owner-Occupied Dwellings). Following the hearing required by subsection (E) or (G)(2) of this section, the city council may cause the proposed lien to be recorded against the subject property with the county recorder by approval of a resolution at a regular or special meeting; no further hearing or notice is required for the council action. Such approval may occur at the same meeting at which the protest hearing was held. Following city council approval, notice of the lien shall be sent to the owner of the subject property owner pursuant to subsection (G)(5) of this section.
4. Procedures for Abatement Liens for Delinquencies under Subsection (D) of This Section (Regarding Owner-Occupied Dwellings). As an alternative to imposing a special assessment, and following the confirmation of costs hearing under subsection (E) of this section, if the delinquent abatement and related administrative costs are not paid within 45 days of the confirmation of costs hearing, the city may cause the lien to be recorded against the subject property by submitting the proposed notice of lien and a report to the city council for approval by resolution at a regular or special meeting; no further hearing or notice of the council action is required. Upon city council approval, the notice of the lien shall be sent to the subject property owner pursuant to subsection (G)(5) of this section.
5. Following approval of the lien, the city shall send the owner of the subject property a notice of lien. Such notice may be recorded.
a. The notice shall be served in the same manner as a summons in a civil action in accordance with Section 415.10 of the Code of Civil Procedure. If the recorded owner of the subject property cannot be located, the notice may be served by posting a copy in a conspicuous place on the subject property for a period of 10 days and publication in a newspaper of general circulation published in Sacramento County pursuant to Section 6062 of the Government Code.
b. The notice of lien shall be substantially in the following form:
NOTICE OF [ABATEMENT/CODE ENFORCEMENT] LIEN
Under the authority of Government Code section [38773 and 38773.1 and/or 54988] and Section 1.01.200 of the Rancho Cordova Municipal Code, the City did on [date of abatement or inspection or code enforcement action] [abate a nuisance/conduct inspections/perform code enforcement/correct violations/issue citations] upon the real property hereafter described and then on [date of assessment] did assess the cost of such actions and related administrative costs upon the real property. The City of Rancho Cordova claims and intends to record a lien on the real property for the expense of the above-described actions and the related administrative costs in the amount of [enter dollar amount]. This amount shall be a lien against the real property until it is paid, with interest at the rate of ten percent (10%) a year from the date the lien is recorded, and discharged of record. The real property referred to above, and upon which the assessment is claimed is that certain real property situated in the City of Rancho Cordova, County of Sacramento, State of California, more particularly described as
[Legal description of property, address, and assessor’s parcel number]
Dated: [Date of notice]
City of Rancho Cordova:
By:
_____________________________
[Name of City Official]
Finance Director
Attest:
_____________________________
[Name of City Clerk]
City Clerk
6. Recording of Lien. After notice is given in accordance with subsection (G)(5) of this section, the lien shall be recorded in the county recorder’s office. The lien shall specify the amount of the lien, that the city of Rancho Cordova is imposing the lien, the date of any abatement order, the street address, the legal description of the subject property, the assessor’s parcel number of the subject property, and the name and address of the recorded owner of the property. The notice of lien under subsection (G)(5) of this section shall accompany the city council resolution and lien filed with the county recorder. [Ord. 27-2014 § 2].