Chapter 13-1 ENFORCEMENT

Chapter 13-1
ENFORCEMENT

Sections:

Article 1. Violations

13-1-100 Violations as misdemeanors or infractions – Penalties.

13-1-205 Causing, permitting, etc., as violation.

13-1-210 Separate offenses.

13-1-215 Civil action.

Article 2. Reserved

Article 3. Certain Violations Infractions

13-1-300 Violations of rules and regulations.

Article 4. Alternative Public Nuisance Abatement Procedures and Remedies

13-1-400 Purpose, effect, authority, and policy.

13-1-410 Definitions.

13-1-420 Conditions creating public nuisance.

13-1-430 Nuisance abatement authority.

13-1-440 No duty to enforce.

13-1-450 Duty of owners and occupants – No unlawful activity permitted.

13-1-460 Administrative civil remedies.

13-1-470 Notices.

13-1-480 Service of notices.

13-1-490 Recordation of notices.

13-1-500 Administrative hearing.

13-1-510 Enforcement of abatement order.

13-1-520 Liability for abatement costs and/or administrative penalties – Interest.

13-1-530 Lien hearing.

13-1-540 Alternative lien hearing procedure.

13-1-550 Enforcement by civil action.

13-1-560 Refusal to issue permits.

13-1-570 Transfer of title, interest, or possession.

13-1-580 Remedies cumulative.

13-1-590 Severability.

Article 5. Repealed

Article 1. Violations

13-1-100 Violations as misdemeanors or infractions – Penalties.

(A) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code. A violation of any of the provisions or failing to comply with any of the mandatory requirements of the Code shall constitute a misdemeanor; except, that notwithstanding any other provisions of this Code, any such violation constituting a misdemeanor under 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 punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the County Jail for a period of not more than one (1) year or by both fine and imprisonment.

(C) Any person convicted of an infraction under the provisions of this Code, unless provision is otherwise herein made, shall be punishable as provided by the Government Code and the Vehicle Code of the State of California.

(D) Each such person shall be charged with a separate violation for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person and shall, upon conviction be punishable accordingly.

13-1-205 Causing, permitting, etc., as violation.

Causing, permitting, aiding, abetting or concealing a violation of any provision of this Code shall constitute a violation of such provision.

13-1-210 Separate offenses.

(A) A separate offense shall be deemed committed each day a violation of any provision of this Code occurs or continues.

(B) With respect to provisions of this Code relating to parking time limitations a separate offense shall be deemed committed for each unit of parking time limitation a vehicle is stopped, parked or left standing in violation of any such provision.

13-1-215 Civil action.

The provisions of this Code may be enforced by civil action.

Article 2. Reserved

Article 3. Certain Violations Infractions

13-1-300 Violations of rules and regulations.

Notwithstanding any provisions of this Code to the contrary any conduct or activity, declared to be a public offense and a violation of this Code by rule or regulation adopted by any subordinate board or commission established pursuant to the Government Code or this Code, is hereby declared to be an infraction and shall be enforced and punishable in the manner prescribed by the Penal Code and the Government Code of the State of California.

Article 4. Alternative Public Nuisance Abatement Procedures and Remedies

13-1-400 Purpose effect, authority, and policy.

(A) It is the intent of the City Council of the City of San Juan Bautista in adopting this Article to provide alternative procedures that govern the identification and abatement of public nuisances, as well as the imposition, enforcement, collection, and administrative review of administrative penalties for violation of the San Juan Bautista Municipal Code and/or State laws within the City of San Juan Bautista.

(B) The provisions of this Chapter are supplementary to and cumulative with all other remedies provided in the San Juan Bautista Municipal Code and applicable State and Federal law. Nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City of San Juan Bautista or any other authorized governmental entity to enforce City ordinances, abate any and all nuisances, or employ any remedy otherwise available at law or in equity.

(C) Pursuant to the authority granted by Article XI, Section 7 of the California Constitution, and California Government Code Sections 38773.1 and 53069.4, the City Council does enact this Article, which shall be known and may be cited as the “Alternative Public Nuisance Abatement Procedures and Remedies.”

(D) It is the policy of the City of San Juan Bautista to seek voluntary compliance with these provisions, but to provide an effective means of enforcement if such compliance is not obtained.

13-1-410 Definitions.

The following definitions shall apply to this Chapter as written unless context indicates or requires a different meaning:

“Abatement” means the removal of the condition(s) constituting a nuisance as identified in the notice issued by the enforcing officer.

“Abatement costs” means any costs or expenses, including City staff time reasonably related to the abatement of a public nuisance under this Chapter, and shall include, but shall not be limited to, enforcement, investigation, summaries, reports, notices, telephonic contact, correspondence, mailing expenses, title search costs, administrative costs, including the total direct and indirect costs of enforcement established by generally accepted accounting principles that are reasonably and necessarily incurred by the City to investigate, inspect, or cure any violation or monitor the recurrence of any violation that is the subject of a notice issued by the enforcing officer, including, but not limited to, scheduling and participation at hearings, hearing officer costs, expenses incurred by the City, and any other costs associated with the removal, abatement or correction of a violation.

“City” means the City of San Juan Bautista.

“City hearing officer” means a person designated by the City Manager and appointed to the position of hearing officer, established by SJBMC 2-7-130(C), and who is independently authorized to conduct administrative hearings and issue recommended decisions pursuant to and as authorized by the San Juan Bautista Municipal Code.

“Contiguous” means any two (2) legal parcels which share a mutual boundary. Notwithstanding the foregoing, legal parcels shall be considered contiguous, even if they are separated by roads, streets, utility easements or railroad rights-of-way.

“Enforcing officer” or “code enforcement officer” means the City of San Juan Bautista Code Enforcement Officer, Building Official, Building Inspector, Fire Chief, or their authorized deputies or designee(s), each of whom is independently authorized to enforce this Chapter, together with those persons designated by SJBMC 2-7-105(C).

“Legal parcel” means any parcel of real property for which one (1) legal title exists that may be separately sold in compliance with the Subdivision Map Act (commencing with California Government Code Section 66410, Title 7, Division 2). Where contiguous legal parcels are under common ownership or control, such legal parcels shall be counted as a single premises for purposes of this Article.

“Premises” means a single, legal parcel of real property. In addition, where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single premises for purposes of this Article.

“Responsible party” means an individual or legal entity, or the agent or legal guardian of such individual or entity, whose action or failure to act results in a violation. This term specifically means and includes, but is not limited to, any of the following:

(1) Any person or entity that causes, maintains, permits, or allows a violation of this Article;

(2) Any person or entity that owns, possesses, or controls any parcel of real property in the City upon which a violation of this Article is maintained;

(3) Any trustee of any trust that holds legal title to any parcel of real property in the City upon which a violation of this Article is maintained;

(4) Any person or entity that owns, possesses, operates, manages, or controls any business within the City that is responsible for causing or maintaining a violation of this Article.

13-1-420 Conditions creating public nuisance.

(A) Without limiting any other provision of this Code, any and all of the following are hereby declared unlawful and a public nuisance and a violation of this Code:

(1) Any condition, act, or omission declared by any statute of the State of California or any provision of this Code to be a public nuisance;

(2) Any public nuisance known or recognized in common law or equity;

(3) Any condition that constitutes a nuisance as defined in California Civil Code Section 3479;

(4) Any use or condition of property that:

(a) Poses a danger to human life; or

(b) Is unsafe or detrimental to the public health, safety, or welfare.

(5) Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of any provision of this Code or State law;

(6) Any real property that has been the situs for nuisance activity and/or violations of any provision of this Code or any other State or Federal law or regulation, including, but not limited to: disturbing the peace, unreasonably loud noise, loitering, harassment of passersby, illegal gambling, prostitution, sale of stolen goods, acts of violence, acts of vandalism, acts of lewd conduct, public urination, illegal drug activity, public drunkenness, drinking alcoholic beverages in public, or excessive littering.

(7) Any condition that constitutes a visual blight to a reasonable person of average sensibilities. For purposes of this Chapter, visual blight is any unreasonable or unlawful condition or use of real property, premises, or building exteriors which by reason of its appearance, as viewed at ground level from the public right-of-way or from neighboring premises, is detrimental to the property of others or to the value of property of others, offensive to the senses, or significantly degrades the aesthetic appearance of the neighborhood. Visual blight may include, but is not limited to, the keeping, storing, depositing, scattering over or accumulation on the premises any of the following:

(a) Junk, trash, debris, scrap metal, wood, rubbish, or packing materials, including, but not limited to, building, construction, salvage, and/or recyclable material;

(b) Abandoned, discarded or unused objects or equipment, such as furniture, stoves, appliances, refrigerators, freezers, or other household fixtures, cans or containers, or automotive parts and equipment;

(c) Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof except inoperative vehicles that are not abandoned, are either registered or are certified pursuant to California Vehicle Code Section 4604 and are in an active state of renovation or restoration, or are maintained and stored in accordance with California Vehicle Code Section 5052;

(d) Stagnant water or abandoned excavations;

(e) The existence of overgrown, dead, decayed, diseased or hazardous trees, and other vegetation, including but not limited to dead agricultural groves which are:

(i) Likely to attract rodents, vermin or other nuisances;

(ii) Constitutes a fire hazard; or

(iii) Dangerous to the public safety and welfare.

(f) Any personal property, object, device, decoration, design, fence, structure or clothesline which is unsightly by reason of its condition or its inappropriate location.

(8) Any condition that constitutes an attractive nuisance; those dangerous objects or conditions that, by their nature, may attract children or other curious individuals, including, but not limited to, unprotected hazardous or unfilled pools, ponds, iceboxes, refrigerators, freezers, abandoned wells, shafts, septic tanks, or other excavations.

(9) Continuation of any use or activity on any property after a stop work notice has been issued by an enforcing officer.

(B) Acts, omissions, or conditions in violation of this Chapter that continue, exist, or occur on more than one (1) calendar day constitute separate violations on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations. For each day the nuisance continues to exist, a separate administrative penalty shall be imposed.

(C) The City Council of the City of San Juan Bautista finds that certain conditions as defined in this Section cause annoyance, inconvenience or damage to the public with respect to the public’s comfort, health, safety, welfare and enjoyment of property. It is the purpose and intent of the City Council to define and proscribe those conditions which are injurious to the public and which constitute a public nuisance, having carefully weighed the interests of the public against the interests of private property owners and possessors in the free use of their property.

13-1-430 Nuisance abatement authority.

(A) Whenever necessary to investigate and ascertain, and/or to abate any violation of the provisions of this Chapter, or whenever there is reasonable cause to believe that there exists a violation of this Chapter, the enforcing officer may enter onto any premises or into any building upon presentation of proper credentials to the owner and/or the occupant thereof. Notwithstanding the foregoing, the enforcing officer may enter onto any premises or into any building under authority of a warrant issued pursuant to California Code of Civil Procedure Section 1822.50 et seq. All costs incurred by the City in seeking and obtaining an inspection and/or abatement warrant may be recoverable as abatement costs.

(B) Upon discovering a public nuisance as defined in this Chapter, the enforcing officer may do any one (1) or more of the following:

(1) Issue a notice of violation, and record the notice of violation;

(2) Issue a notice to abate a public nuisance, record the notice to abate, and abate the public nuisance;

(3) Impose, determine, and collect an administrative civil penalty;

(4) Issue a stop work order requiring immediate cessation of the use or activity in accordance with this Chapter;

(5) Seek relief from any court to abate the nuisance and/or collect civil penalties and abatement costs through the Office of the City Attorney, without first going through the administrative procedures set forth in this Chapter; or

(6) Notwithstanding any other provision of this Chapter, when any nuisance described in SJBMC 13-1-420 constitutes an immediate threat to public health, safety, and/or welfare, and when the procedures set forth in this Chapter would not result in abatement of that nuisance within a short enough time period to avoid that threat, the enforcing officer may direct any officer or employee of the City to summarily abate the nuisance. The enforcing officer shall make reasonable efforts to notify the responsible parties, but the formal notice and hearing procedures in this Chapter shall not apply; however, the enforcing officer shall issue a post-deprivation notice to the responsible parties. The City may nevertheless recover all its costs for abating that nuisance in the manner set forth in this Article.

13-1-440 No duty to enforce.

Nothing in this Chapter shall be construed as imposing on the enforcing officer or the City of San Juan Bautista any duty to issue any notice hereunder, nor to abate any nuisance, nor to take any other action with regard to any nuisance. Neither the enforcing officer nor the City of San Juan Bautista shall be liable for failure to issue any notice hereunder, nor for failure to abate any nuisance, nor for failure to take any other action with regard to any nuisance.

13-1-450 Duty of owners and occupants – No unlawful activity permitted.

No person or entity owning, leasing, occupying or having charge or possession of any premises within the incorporated area of the City of San Juan Bautista shall cause, permit, maintain, conduct or otherwise suffer or allow a public nuisance to exist. It shall be the duty of every owner, occupant, and person that controls any land or interest therein within the incorporated area of the City of San Juan Bautista to remove, abate, and prevent the reoccurrence of the public nuisance upon such land. Such duty of an owner shall exist regardless of whether the owner is in actual possession of his or her real property, and may include an obligation to take action to evict or otherwise remove an occupier who creates a public nuisance upon the owner’s property. Nothing in this Chapter shall be deemed to authorize or permit any activity that violates any provision of State or Federal law.

13-1-460 Administrative civil remedies.

(A) In addition to any other remedy or penalty prescribed in this Chapter, each day any nuisance violation exists shall be a separate violation and may be subject to an administrative civil penalty assessed pursuant to California Government Code Section 36900, as presently written or hereafter amended, in the following amounts or as hereafter amended:

(1) Up to one hundred dollars ($100.00) per day, or part thereof, for the first violation.

(2) Up to two hundred dollars ($200.00) per day, or part thereof, for a second violation of the same ordinance within one (1) year.

(3) Up to five hundred dollars ($500.00) per day, or part thereof, for each additional violation of the same ordinance within one (1) year of the first violation.

(4) Notwithstanding subsections (A)(1) through (A)(3) of this Section, any nuisance resulting from a violation of local building and safety codes may be subject to an administrative penalty of up to one hundred thirty dollars ($130.00) per day, or part thereof, for the first violation, up to seven hundred dollars ($700.00) per day, or part thereof, for a second violation of the same ordinance within one (1) year, and up to one thousand three hundred dollars ($1,300) per day, or part thereof, for each additional violation of the same ordinance within one (1) year of the first violation.

(5) Notwithstanding any other provision of this Code, any violation of Chapter 5-31 SJBMC, Cannabis Facilities Regulatory Permit, shall constitute a misdemeanor and shall be subject to an administrative penalty of up to one thousand dollars ($1,000) per day, or part thereof.

(6) Notwithstanding any other part of this Article, any violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements, if the violation exists as a result of, or to facilitate, the illegal cultivation, manufacture, or distribution of cannabis, shall be subject to immediate fines of one thousand dollars ($1,000) per day, per violation. However, a reasonable period of time to remedy the violation(s) shall be provided prior to the imposition of such fine if the responsible party proves all of the following are true at a hearing:

(a) A tenant is in possession of the property that is the subject of the administrative action;

(b) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation, manufacture, or distribution of cannabis; and

(c) The rental property owner or agent did not know the tenant was illegally cultivating, manufacturing, or distributing cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.

(7) Notwithstanding any other part of this Code, any violation of a stop work notice shall be subject to an immediate fine of one thousand dollars ($1,000) per day.

(8) Civil penalties, excluding interest, shall not exceed the amounts set forth in the California Government Code.

(9) The assessment of civil penalties may begin to accrue on the date of initial occurrence of the violation, as identified by the City of San Juan Bautista.

(10) Payment of the penalty shall not excuse a failure to correct the violation nor shall it bar further enforcement action by the City.

(11) The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation shall result in the assessment of a late fee. The amount of the late fee shall be fifty percent (50%) of the total amount of the administrative penalty owed.

(12) A civil penalty assessed by administrative citation constitutes a debt to the City. In the event any person fails to pay a civil penalty within the time specified, the City may take such action as is appropriate to collect the debt, including but not limited to an action in small claims court, an assessment lien, or any other legal remedy.

(B) In determining the amount of the administrative penalty, the enforcing officer, or the court if the violation requires court enforcement without an administrative process, shall take into consideration the nature, circumstances, duration, extent, and gravity of the violation(s), any prior history of violations, the degree of culpability, economic impact, impact of the nuisance upon the community, and any other factors as justice may require.

(C) The administrative penalty may be imposed via the administrative processes set forth in this Chapter, as provided in California Government Code Section 53069.4, or may be imposed by the court if the violation requires court enforcement without an administrative process.

(D) In the case of a continuing violation, if the violation does not create an immediate danger to health or safety, or is not subject to immediate fines as set forth herein, the enforcing officer or the court shall provide for a reasonable period of time, not to exceed ten (10) calendar days, for the person responsible for the violation to correct or otherwise remedy the violation prior to the imposition of administrative penalties.

13-1-470 Notices.

Whenever the enforcing officer determines that a public nuisance as described in this Chapter exists on any real property within the incorporated area of the City of San Juan Bautista, he or she is authorized to issue any of the following notices in accordance with this Chapter:

(A) Notice of Violation (“NOV”). The notice of violation shall be in writing and shall:

(1) Identify the responsible parties, including owner(s) of the property upon which the nuisance exists, as named in the records of the San Benito County Assessor, and occupant(s), if other than the owner(s), and if known or reasonably identifiable (collectively, the “recipients”);

(2) Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property;

(3) Identify such property by reference to the assessor’s parcel number;

(4) Contain a statement that one (1) or more conditions described in SJBMC 13-1-420 exist on the premises and that it has been determined by the enforcing officer to be a public nuisance as described in this Chapter. The statement required under this subsection shall describe the nuisance conditions with reference to applicable provisions of this Code and/or State law upon which the enforcing officer based his or her determination;

(5) Contain a statement that the recipient(s) must abate the nuisance within ten (10) calendar days after the date that the notice of violation was served, describe the action(s) required to abate the nuisance, and set forth the proposed amount of any administrative penalty (per violation, per day) to be imposed if the conditions are not abated within the time stated;

(6) Contain a statement that unless the recipient(s) voluntarily abate the nuisance within the time specified in subsection (A)(5) of this Section, that the enforcing officer may issue additional notices in accordance with this Chapter, and may further record the notice of violation on the subject property with the San Benito County Recorder’s Office;

(7) Contain a statement that the recipient(s) may request an administrative hearing to determine whether the conditions identified in the notice of violation constitute a public nuisance by submitting a written request to the enforcing officer no later than seven (7) calendar days of the date of the notice of violation. This written request must identify the recipient(s), provide the recipient(s) contact information, and set forth the reason(s) the hearing is requested. If any responsible party properly requests a hearing, they shall be notified when the matter has been set for hearing. Failure of the recipient(s) to appear at the scheduled hearing and present evidence shall constitute a failure to exhaust administrative remedies.

(B) Notice to Abate a Public Nuisance (“Notice to Abate”). The notice to abate a public nuisance shall be in writing and shall:

(1) Identify the responsible parties, including owner(s) of the property upon which the nuisance exists, as named in the records of the County Assessor, and occupant(s), if other than the owner(s), and if known or reasonably identifiable (collectively, the “recipients”);

(2) Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property;

(3) Identify such property by reference to the assessor’s parcel number;

(5) Contain a statement that the recipient(s) must abate the nuisance within ten (10) calendar days after the date that the notice to abate was served, describe the action(s) required to abate the nuisance, set forth the proposed amount of any administrative penalty (per violation, per day) to be imposed if the conditions are not abated within the time stated, and the enforcing officer’s intent to record a notice of pending nuisance abatement proceeding with the San Benito County Recorder in accordance with SJBMC 13-1-490;

(6) Contain a statement that the recipient(s) may request an administrative hearing to determine whether the conditions identified in the notice to abate constitute a public nuisance by submitting a written request to the enforcing officer no later than seven (7) calendar days of the date of the notice to abate. This written request must identify the recipient(s), provide the recipient(s) contact information, and set forth the reason(s) the hearing is requested. If any responsible party properly requests a hearing, they shall be notified when the matter has been set for hearing. Failure of the recipient(s) to appear at the scheduled hearing and present evidence shall constitute a failure to exhaust administrative remedies;

(7) Contain a statement that, unless the recipient(s) timely abate the nuisance, or show good cause before the City hearing officer why the conditions should not be abated, the enforcing officer will abate the nuisance. It shall also state that the abatement costs, including administrative costs, may be made a special assessment added to the County assessment roll and/or become a lien on the real property, or be placed on the unsecured tax roll in accordance with this Chapter.

(1) Identify the responsible parties, including owner(s) of the property upon which the nuisance exists, as named in the records of the San Benito County Assessor, and occupant(s), if other than the owner(s), if known or reasonably identifiable (collectively, the “recipients”);

(2) Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property;

(3) Identify such property by reference to the assessor’s parcel number;

(4) Contain a statement that one (1) or more conditions described in SJBMC 13-1-420 existed on the premises and that it was determined by the enforcing officer to be a public nuisance as described in this Article. The statement required under this subsection shall describe the nuisance conditions with reference to applicable provisions of this Code and/or State law upon which the enforcing officer based his or her determination, and set forth the proposed amount of any administrative penalty (per violation, per day) to be imposed;

(5) That the enforcing officer summarily abated the nuisance existing on the premises after it was deemed that other administrative procedures would not result in abatement of the nuisance, which constituted an immediate threat to public health, safety, and/or welfare, within a short enough period of time to avoid said threat;

(6) Contain a statement that the recipient(s) may request an administrative hearing to determine whether the conditions identified in the notice to abate constituted a public nuisance by submitting a written request to the enforcing officer no later than seven (7) calendar days of the date of the notice to abate. This written request must identify the recipient(s), provide the recipient(s) contact information, and set forth the reason(s) the hearing is requested. If any responsible party properly requests a hearing, they shall be notified when the matter has been set for hearing. Failure of the recipient(s) to appear at the scheduled hearing and present evidence shall constitute a failure to exhaust administrative remedies.

(D) Stop Work Notice. The stop work notice shall be in writing and shall:

(1) Identify the responsible parties, including owner(s) of the property upon which the nuisance exists, as named in the records of the San Benito County Assessor, and occupant(s), if other than the owner(s), if known or reasonably identifiable (collectively, the “recipients”);

(2) Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property;

(3) Identify such property by reference to the assessor’s parcel number;

(4) Contain a statement that one (1) or more conditions described in SJBMC 13-1-420 exist on the premises and that it has been determined by the enforcing officer to be a public nuisance as described in this Article. The statement required under this subsection shall describe the nuisance conditions with reference to applicable provisions of this Code and/or State law upon which the enforcing officer based his or her determination;

(5) Contain a statement that the enforcing officer has ordered the immediate cessation of any use or activity constituting a public nuisance, and set forth the proposed amount of any administrative penalty (per violation, per day) to be imposed if the conditions are not abated within the time stated;

(6) Contain a statement that it is unlawful and a violation of this Code for any person to resume any use or activity that the enforcing officer ordered to be stopped, unless the enforcing officer has expressly authorized the recipient(s) to resume the use or activity based upon the recipient(s) written agreement to take corrective action to abate the nuisance;

(7) Contain a statement that the recipient(s) may request an administrative hearing to determine whether the conditions identified in the stop work notice constitute a public nuisance by submitting a written request to the enforcing officer no later than seven (7) calendar days of the date of the stop work notice. This written request must identify the recipient(s), provide the recipient(s) contact information, and set forth the reason(s) the hearing is requested. If any responsible party properly requests a hearing, they shall be notified when the matter has been set for hearing. Failure of the recipient(s) to appear at the scheduled hearing and present evidence shall constitute a failure to exhaust administrative remedies;

(8) Contain a statement that the timely submission of a request for hearing shall not permit the resumption of the use or activity that the enforcing officer ordered to be ceased.

(E) Notice of Refusal to Issue Permits (“Refusal to Issue”). The refusal to issue shall be in writing and shall:

(2) Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property;

(3) Identify such property by reference to the assessor’s parcel number;

(5) (a) If the applicant disagrees with the determination that a violation exists, he or she may request a hearing in accordance with SJBMC 13-1-500 within thirty (30) calendar days after issuance of the refusal to issue. A written request for hearing shall be submitted to the City Manager.

(b) If any applicant requests a hearing in accordance with this subsection, they shall be notified in accordance with SJBMC 13-1-480 when the matter has been set for hearing. Failure of the applicant(s) to appear at the scheduled hearing and present evidence shall constitute a failure to exhaust administrative remedies.

(F) Invoice for Abatement Costs and/or Administrative Penalties (“Invoice”). The invoice shall be in writing and shall:

(1) Identify the responsible parties, including owner(s) of the property upon which the nuisance exists, as named in the records of the San Benito County Assessor, and occupant(s), if other than the owner(s), if known or reasonably identifiable (collectively, the “recipients”);

(2) Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property;

(3) Identify such property by reference to the assessor’s parcel number;

(4) Set forth the amount(s) due and owing for abatement costs, including administrative costs incurred by the county to abate the nuisance and/or administrative penalties imposed, including any interest which has accrued on any amount due under this Article from the effective date of the City Council’s decision, as set forth in this Article;

(5) A demand for payment of said costs, including accrued interest, to be paid within thirty (30) calendar days after service of the invoice;

(6) If said amounts due and owing are not timely satisfied in full, a lien hearing may be held in accordance with SJBMC 13-1-530 and 13-1-540.

13-1-480 Service of notices.

(A) Any notice issued by the enforcing officer in accordance with this Chapter may be served in the following manner:

(1) By delivering it personally to the responsible parties. Service shall be deemed to have been completed upon personal delivery;

(2) By certified mail, addressed to:

(a) The owner at the address shown on the last equalized assessment roll or as otherwise known to the enforcing officer; and

(b) To anyone known to the enforcing officer to be in possession of the property at the street address of the property subject to the notice, if the property is capable of receiving mail. Service shall be deemed to have been completed upon the deposit of said notice, postage prepaid, in the United States mail.

(3) In the event that, after reasonable effort, the enforcing officer is unable to serve the notice as set forth above, service shall be accomplished by posting a copy of such notice conspicuously along the frontage of the real property subject to the notice, or, if the property has no frontage, upon any street, highway, or road then upon the portion of the property nearest to a street, highway, or road, or most likely to give actual notice to the owner and any person known by the enforcing officer to be in possession of the property. Service shall be deemed to have been completed upon posting.

(B) The failure to serve any person described in this Section shall not affect the validity of service or the validity of any administrative penalties imposed pursuant to this Chapter upon any other person.

(D) Notwithstanding the foregoing, with the consent of a responsible party, notices under this Chapter may be provided by electronic mail (email) or any other means reasonably calculated to provide notice.

13-1-490 Recordation of notices.

(A) Notice of Pending Nuisance Abatement Proceeding.

(1) Upon issuance of a notice to abate, the enforcing officer may record a notice of pending nuisance abatement proceeding with the San Benito County Recorder and shall notify the responsible parties of such action. A notice of pending nuisance abatement proceeding shall describe the premises and the condition in violation of this Chapter.

(2) If a notice of pending nuisance abatement proceeding is recorded, the enforcing officer shall serve and record a notice of final disposition when the nuisance abatement proceeding has been completed, including any appeals and the completion of any work necessary to abate the nuisance.

(B) Notice of Final Disposition. If the work to abate the nuisance is performed at City expense, the notice of final disposition need not be issued until those costs have been paid or a lien for those costs has been recorded in accordance with SJBMC 13-1-530 and 13-1-540. A fee shall be paid by the responsible parties for processing the notice of final disposition. The notice of final disposition shall be served upon any party that was served with the notice and order.

(1) The enforcing officer may record a notice of noncompliance with the San Benito County Recorder on the property which is the subject of a notice under this Chapter if:

(a) The time limit for abatement expires and abatement has not occurred;

(b) A use or activity continues after issuance of a stop work notice; or

(2) The notice of noncompliance filed with the San Benito County Recorder shall include a copy of the applicable notice as an attachment.

(D) Notice of Compliance.

(1) Upon completion of all work to abate a nuisance, including securing of permits where required, and payment of all abatement costs and/or administrative penalties imposed pursuant to this Chapter, the enforcing officer may record a notice of compliance with the San Benito County Recorder and shall notify the owner(s) of such action.

(E) Notice of Pendency.

(1) Whenever the City institutes a judicial action or proceeding to enforce a land use ordinance, a notice of pendency of the action or proceeding may be filed with the San Benito County Recorder’s office. The notice of pendency may be filed at the time of the commencement of the action or proceeding and upon recordation of the notice of pendency, shall have the same effect as a notice recorded in compliance with the California Code of Civil Procedure, Section 405.20 et seq., as amended.

(2) Upon motion of a party to the judicial action or proceeding, the notice of pendency may be vacated upon an appropriate showing of need therefore by an order of a judge of the court in which the action or proceeding is pending.

13-1-500 Administrative hearing.

(A) If the enforcing officer determines that all violations have been timely corrected, the enforcing officer may clear the notice and no hearing shall be required.

(B) The City Council may delegate its authority to conduct the administrative proceedings set forth in this Section to the City hearing officer appointed by the City Manager pursuant to SJBMC 2-7-130(C), as amended. The hearing officer shall have full authority and duty to preside over hearings in the manner set forth in SJBMC 2-7-140.

(C) Administrative Hearing and Recommended Decision. Pursuant to California law, and SJBMC 2-7-140, the City hearing officer shall hold an administrative hearing as follows:

(1) A hearing shall be held within thirty (30) days of the City’s receipt of a written request for an administrative hearing, unless the parties agree otherwise, and the City shall provide notice of the time, date, and location of the hearing. Hearings may be held virtually at the election of the City.

(2) At the hearing, the City hearing officer shall determine:

(a) With Respect to a Notice of Violation.

(i) Whether the conditions existing on the property constitute a nuisance under this Chapter;

(ii) Whether to impose, modify, or disapprove, in whole or in part, any proposed administrative penalties; and

(iii) Whether the enforcing officer may record any notices.

(b) With Respect to a Notice to Abate.

(i) Whether the conditions existing on the property constitute a nuisance under this Article;

(ii) Whether there is any other good cause why those conditions should not be abated;

(iii) Whether the hearing officer should impose, modify, or disapprove, in whole or in part, any proposed administrative penalties; and

(iv) Whether the hearing officer should permit the enforcing officer to record any notices.

(i) Whether the conditions existing on the property constitute a nuisance under this Chapter;

(ii) Whether the conditions existing on the property constituted an immediate threat to the public health, safety, and/or welfare such that the alternative procedures set forth in this Chapter would not have resulted in abatement of the nuisance within a short enough period of time to avoid said threat;

(iii) Whether the hearing officer should impose, modify, or disapprove, in whole or in part, any proposed administrative penalties; and

(iv) Whether the means of abatement were reasonable.

(d) With Respect to Stop Work Notices.

(i) Whether the conditions existing on the property constitute a nuisance under this Article;

(ii) Whether the hearing officer should impose, modify, or disapprove, in whole or in part, any proposed administrative penalties.

(e) With Respect to a Notice of Refusal to Issue Permits.

(i) Whether the conditions existing on the property constitute a nuisance under this Chapter.

(3) At the hearing, the responsible parties shall be given an opportunity to present and elicit testimony and other relevant evidence. Failure of the responsible parties to appear and present evidence at the hearing shall be deemed a withdrawal of the request for hearing or a waiver of the right to be personally present at the hearing, and shall constitute a failure to exhaust administrative remedies.

(4) In the event that the responsible parties do not appear and present evidence at the hearing, the City hearing officer may base its recommended decision solely upon the evidence submitted by the enforcing officer.

(5) Any hearing conducted pursuant to this Article need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The City hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.

(6) The standard of proof shall be by a preponderance of the evidence and the burden of proof to establish the existence of the nuisance shall be borne by the enforcing official. The burden of proof that the nuisance has been abated shall be borne by the responsible parties.

(7) The City hearing officer may continue the hearing from time to time. Prior to a scheduled hearing, the enforcing officer or the responsible parties may submit a written request for continuance to the City hearing officer. The City hearing officer shall issue his or her determination by any means likely to provide notice to the parties at the soonest time possible. In the event the request for continuance is granted, the City hearing officer shall also provide the date and time for the rescheduled hearing.

(8) The City hearing officer shall consider the matter de novo.

(9) After the hearing, the City hearing officer shall issue a recommended decision in the form of a resolution which shall be served in any manner agreed upon by the parties. If no manner is agreed upon, then service shall be by first class mail, postage prepaid, to, or personally served upon, all parties appearing at the hearing and any other parties upon whom the notice was served.

(D) The City Council shall review the following for all recommended decisions from the City hearing officer:

(1) The City Manager shall promptly present the recommended decision to the City Council. 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.

(2) In the event that the City Council sets the matter for de novo hearing, such hearing shall be held in accordance with the provisions of this Section.

(3) The decision of the City Council shall become effective upon issuance thereof and shall be served by first class mail, postage prepaid, or personally served upon, all parties appearing at the hearing and any other parties upon whom the notice was served. Service shall be deemed to have been completed upon personal service and/or the deposit of said decision, postage prepaid, in the United States mail.

(4) The decision of the City Council shall be final and conclusive.

13-1-510 Enforcement of abatement order.

(A) Any responsible party may abate the nuisance or cause it to be abated at any time prior to commencement of abatement by, or at the direction of, the enforcing officer. Such abatement by any responsible party shall not impair the enforcing officer’s ability to impose any administrative penalty accrued prior to such abatement.

(B) Notwithstanding the foregoing, whenever the enforcing officer becomes aware that a responsible party has failed to abate any nuisance within fourteen (14) calendar days of the date of service of the decision of the City Council requiring such abatement, or such other time specified by the City Council, the enforcing officer may enter upon the property and abate the nuisance by City personnel, or by private contractor under the direction of the enforcing officer. The enforcing officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the work, if necessary. If any part of the work is to be accomplished by private contract, that contract shall be submitted to and approved by the City Manager or City Council, as applicable, prior to commencement of work. Nothing herein shall be construed to require that any private contract under this Code be awarded through competitive bidding procedures where such procedures are not required by the general laws of the State of California.

(C) The costs of abatement and administrative costs for every abatement carried out under this Section may be recovered in accordance with this Chapter.

13-1-520 Liability for abatement costs and/or administrative penalties – Interest.

(A) In any enforcement action brought pursuant to this Chapter, whether by administrative proceedings, judicial proceedings, or summary abatement, each responsible party who causes, permits, suffers, or maintains the nuisance to exist shall be personally liable for:

(1) All costs incurred by the City, including, but not limited to, abatement costs, including administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this Article, whether those costs are incurred prior to, during, or following enactment of this Article. In addition, the prevailing party shall be entitled to a recovery of the reasonable attorneys’ fees incurred. Recovery of attorneys’ fees under this subsection shall be limited to those actions or proceedings in which the City elects, at the initiation of that action or proceeding, to seek recovery of its own attorneys’ fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding;

(2) Any administrative penalty imposed pursuant to this Article. In the event that an administrative penalty is imposed pursuant to this Article on two (2) or more responsible parties for the same violation, all such responsible parties shall be jointly and severally liable for the full amount of the administrative penalty imposed. Payment of administrative penalties imposed pursuant to this Article does not excuse or discharge any continuation or repeated occurrence of the violation. Payment of the administrative penalty does not bar the City from taking any other enforcement action regarding a violation that is not corrected.

(B) Interest shall accrue on all amounts due under this Article, from the effective date of the City Council’s decision, as set forth in SJBMC 13-1-500, to the date paid pursuant to the laws applicable to civil money judgments.

(C) At such time as the information becomes known, the enforcing officer shall make a demand for abatement costs and/or accrued administrative penalty by issuing an invoice in accordance with SJBMC 13-1-470 to the responsible parties.

(D) Whenever the amount of abatement costs, including administrative costs, incurred by the City to abate the nuisance, or the amount of any administrative penalty imposed pursuant to this Article, has not been satisfied in full within thirty (30) calendar days after service of the invoice, and/or has not been timely appealed to the Superior Court in accordance with California Government Code Section 53069.4(b), or, if appealed, such appeal has been dismissed or denied, all, or any part of, this obligation may constitute a lien against the real property on which the violation occurred in accordance with the procedures set forth in SJBMC 13-1-530 and 13-1-540.

(E) In addition to any other remedy, the City may prosecute a civil action through the City Attorney to collect any costs incurred to abate the nuisance and/or any administrative penalty imposed pursuant to this Chapter.

13-1-530 Lien hearing.

At such time as an invoice for abatement costs and/or administrative penalties is due and has not timely been paid:

(A) The enforcing officer shall prepare and present a written report of abatement costs and/or administrative penalties (“report”) to the City Council stating, as applicable:

(1) For each abatement carried out, an account of the abatement costs, including costs of administration; and/or

(2) For each accrued administrative penalty, the amount of delinquent administrative penalty.

(B) Upon receipt of the report, the City shall serve a written notice of a lien hearing regarding the report, along with a copy of the invoice upon the responsible parties.

(C) At the time and date set for the lien hearing, the City Council shall meet to review and consider the report and any protests or objections to it, and determine whether the amounts owed shall be assessed against such parcel or otherwise attempted to be collected from the owner(s) of such parcel.

(D) At the conclusion of the lien hearing, the City Council may make such modifications in the report as it deems necessary and thereafter shall adopt a resolution confirming, modifying, or discharging the lien amount. As part of the resolution, the City Council may order that all or any part of the cost to abate the nuisance pursuant to this Article, including the administrative costs, as confirmed by the City Council be placed upon the county tax roll by the San Benito County Auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to California Government Code Section 38772.1; provided, however, that the abatement costs, including the cost of administration, as finally determined, shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll.

(E) The liens provided herein shall have no force and effect until recorded with the San Benito County Recorder. The City may cause notices of abatement lien and/or notices of administrative penalty lien to be recorded against the respective parcels of real property pursuant to California Government Code Section 38773.1. Upon recordation, the City shall serve, in the manner set forth in SJBMC 13-1-480, a copy of the recorded notice(s).

(F) Within thirty (30) calendar days following the City Council’s adoption of a resolution imposing a lien, the City will file the judgment lien in the San Benito County Recorder’s office.

(G) Once recorded, any costs or penalties not specially assessed by the City Council pursuant to this Section shall have the same force and effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Section 697.340, and may be extended as provided in California Code of Civil Procedure Sections 683.110 through 683.220, inclusive.

(H) Interest shall accrue on the principal amount of any lien remaining unsatisfied pursuant to the law applicable to civil money judgments.

(I) Once the City receives full payment for outstanding principal, penalties, and costs, the City will record a notice of satisfaction. A fee shall be paid by the responsible parties for processing the notice of satisfaction. This notice of satisfaction will cancel the City’s lien under this Section.

(J) The lien may be foreclosed and the real property sold, by the filing of a complaint for foreclosure in a court of competent jurisdiction, and the issuance of a judgment to foreclose. There shall be no right to trial by jury. The City shall be entitled to its attorneys’ fees and costs.

13-1-540 Alternative lien hearing procedure.

If a City hearing officer has been appointed in accordance with SJBMC 2-7-130(C), the City hearing officer is authorized to conduct the hearing required under SJBMC 13-1-530 and shall prepare a recommended decision and resolution for the City Council pursuant to California Government Code Section 38773.1. The recommended decision and resolution shall include any proposed modifications to the report. The hearing officer shall promptly submit that recommendation and the administrative record to the City staff, who shall promptly present it to the City Council. The City Council may adopt the recommended decision and resolution without further notice of hearing, or may set the matter for a de novo hearing before the City Council. In the event that the City Council sets the matter for de novo hearing, such hearing shall be held in accordance with the provisions of SJBMC 13-1-530.

13-1-550 Enforcement by civil action.

As an alternative to any other procedure set forth in this Article, the City may abate any nuisance described in this Chapter by the prosecution of a civil action through the City Attorney, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this Chapter or requiring compliance with other terms. In addition to any other remedy provided by law or equity, the court in such an action may appoint a receiver for the property upon which the violation is occurring, pursuant to California Code of Civil Procedure Section 564, who shall be authorized to take such actions as may be necessary to remedy and remove the violation.

13-1-560 Refusal to issue permits.

(A) No department, commission or employee of the City of San Juan Bautista vested with the duty or authority to issue or approve permits, licenses or other entitlements shall do so when there is an outstanding violation, including, but not limited to, a failure to abate a nuisance as described in this Article within fourteen (14) calendar days of the date of service of the decision of the City Council requiring abatement, or such other time specified by the City Council, involving the real property to which the pending application pertains.

(B) The authority to deny shall apply whether the applicant was the occupant or owner of record at the time of such violation or whether the applicant is either the current occupant or owner of record or a vendor of the current owner of record pursuant to a contract of sale of the real property, with or without actual or constructive knowledge of the violation at the time he or she acquired his or her interest in such real property.

(C) Upon recordation of notice of violation or notice to abate, all departments, commissions, and/or employees shall refuse to issue permits, licenses, or entitlements involving the premises except those necessary to abate such violation.

(D) Written notice of the refusal to issue identified in SJBMC 13-1-470 shall be served upon the applicant in accordance with SJBMC 13-1-480.

(E) The enforcing officer may waive the provisions of this Section regarding refusal to issue if he or she determines such waiver to be required to allow necessary or desirable remedial, protective or preventative work.

13-1-570 Transfer of title, interest, or possession.

(A) It shall be unlawful for the owner of any real property to sell, transfer, mortgage, lease, or otherwise dispose of any real property knowing there is a notice issued by the enforcing officer in accordance with SJBMC 13-1-470 involving that real property until the violations are corrected or until such owner first furnishes the grantee, transferee, mortgagee, or lessee with a true copy of any such notice and shall furnish to the enforcing officer a signed and notarized statement from the grantee, transferee, mortgage, or lessee acknowledging the receipt of a true copy of such notice and fully accepting the responsibility without condition for making the corrections or repairs required by such documents or stating intentions to timely challenge such notice. Failure to provide notice as required in this Section is a misdemeanor. The transfer of ownership in violation of this Section shall not abrogate the transfer.

(B) Upon transfer of any property with a violation on file indicating the property is unsafe, dangerous or otherwise not habitable, the new owner shall not occupy or use the property until the enforcing officer expressly authorizes such occupation or use.

13-1-580 Remedies cumulative.

All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law.

13-1-590 Severability.

If any Section, subsection, sentence, clause, portion, or phrase of this Article is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The City Council hereby declares that it would have passed this Article and each Section, subsection, sentence, clause, portion, or phrase hereof, irrespective of the fact that any one (1) or more Sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional.

Article 5. Emergency Nuisance Abatement Procedure

(Repealed by Ord. 2023-04)

Legislative History: Ord. 96-02 (5/21/96), Ord. 2023-04 (10/17/23).