Chapter 11.56
ENFORCEMENT
Sections:
11.56.020 Enforcement and violations.
11.56.030 Abatement procedure.
11.56.040 Civil remedies and criminal penalties.
11.56.010 Purpose of chapter.
The purpose of this chapter is to establish enforcement responsibilities and procedures intended to ensure compliance with the requirements of this title for the protection of the public health, safety, and welfare of city residents.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.56.020 Enforcement and violations.
Violations and enforcement are subject to the following authority and conditions.
A. Authority. The director, or designee, is vested with the authority to enforce by arrest, abatement, citation, or any other means any violation of this title that is a nuisance, or any person who violates the provisions of this title in the manner provided by Section 836.5 of the California Penal Code.
B. Violation Warning. The director is required to issue written notice to advise responsible parties of any violating provisions of this title, consistent with the city citation program.
C. Each Day a Separate Offense. Each person or entity found in violation shall be deemed to be in violation of a separate offense for every day during any portion of which any violation of any provision of this title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as provided for in this title.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.56.030 Abatement procedure.
Upon determination by the director that violation of this title exists on any property, the property owner of record shall be provided with written notice, adequately describing the offensive condition.
A. Service of Notice. The abatement notice for public nuisance shall be served upon the property owner (tenant, occupant) and all other persons responsible for the maintenance of the nuisance by any of the following sufficient service methods:
1. Personal delivery on the property owner, tenant, and occupant;
2. Posting a copy of the notice on the main entrance to the main building on the subject premises; or
3. Mailing written notice to each person to whom such described property is assessed on the last equalized assessment roll available on the date of the notice to abate a public nuisance; addresses of owners shall be deemed to be the proper address for the purpose of mailing such notice.
B. Hearing. The city council shall hold a hearing and consider all competent evidence offered by any person pertaining to the nuisance and matters set forth in the report, and hold a subsequent hearing regarding any report of abatement costs. The city council shall, at the conclusion of the hearing, allow or overrule any objections as it deems appropriate to comply with the intent of this chapter.
C. Order of Abatement. If objections have not been made, or if they have been overruled, the director shall cause the city to abate the public nuisance described in the notice. The order shall be in writing and served upon the property owner in the same manner as described in subsection (A) of this section, Service of Notice. The director may, at his/her discretion, permit the property owner a one-time reasonable period of time within which to abate the nuisance at the property owner’s own expense. The director or designee may enter private property to abate the nuisance.
D. Report of Costs. The director shall keep an account of all abatement costs per parcel where abatement work is performed. An itemized cost report shall be submitted to the city council for confirmation and served by mail to the owner of record. The notice of abatement cost shall include sufficient information on the disposition of work required or done, the date and nature of the work, and all pertinent hearing information related to the abatement.
E. Abatement Special Assessment. The cost of abatement performed on each parcel constitutes a special assessment against that parcel. After the assessment is confirmed by the city council, it is a lien upon that parcel pursuant to the provisions of Sections 38773 and 38773.5 of the California Government Code.
F. Assessment Transmittal. The city clerk shall transmit a certified copy of the city council-confirmed report to the county tax assessor and collector for filing with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor’s map books for the current year. The county auditor shall enter each assessment on the county tax roll opposite the parcel of land, and the amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes, and shall be subject to the same penalties and the same procedure of sale in case of delinquency for municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to such special assessment.
G. Voluntary Payment of Abatement Costs. The finance director may receive the amount due on the abatement costs and issue receipts at any time after the confirmation of the report, until August 1st following the confirmation of the report.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.56.040 Civil remedies and criminal penalties.
A. Restriction on Occupancy. If any condition causes a building or property, or any portion thereof, to be in violation of this title, resulting in an unsafe condition as defined in Section 116 of the California Building Code, the building or property shall be vacated until such time as the unsafe condition has been corrected or removed.
B. Other Civil Remedies Permitted. The aforementioned civil and criminal remedies for the abatement of a public nuisance are not exclusive of any other remedies permitted by law, including a civil action for injunction that may be maintained by the city or by any private person as permitted by law.
C. Criminal Penalties. Any person, firm, company, or corporation owning, operating, leasing, or otherwise maintaining property or buildings, or any portion thereof, in violation of any permit or provision of this title shall be deemed guilty of:
1. An infraction; or
2. A misdemeanor as provided for in the particular section of this title.
Upon conviction, any person, firm, company, or corporation shall be punishable to the maximum extent as is permitted by law to be imposed for the commission of an infraction or a misdemeanor, as the case may be.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)