Chapter 4-16
COST RECOVERY
Sections:
Article 1. Enforcement Cost Recovery
4-16-104 Enforcement cost recovery procedure.
Article 1. Enforcement Cost Recovery
4-16-101 Purpose.
The purpose of this chapter is to provide for the enforcement of the provisions of this Code, to establish a procedure for such enforcement, to provide for penalties, and to provide for enforcement cost recovery.
(Ord. 937-CS, Add, 07/23/1998)
4-16-102 Authority.
(a) Authorized Official. The Development Services Director, the Municipal Services Director, the Police Chief, the Fire Chief, the Parks, Recreation and Public Facilities Director, their authorized designees and the Neighborhood Preservation Officer are each an Authorized Official for purposes of this chapter.
(b) General authority. The Authorized Official is hereby authorized to take all necessary action to enforce the provisions of this Code.
(c) Right of entry and inspection. The Authorized Official, or his designee, may enter at all reasonable times any building, structure, or premises for the purpose of carrying out any activity required or authorized by the provisions of this Code. Upon request, the Authorized Official shall provide adequate identification. Except under exigent circumstances, an inspection warrant shall be obtained if entry is refused.
(d) Enforcement costs. The Authorized Official is authorized to recover from the property owner or the person in control all administrative costs associated with the enforcement of the provisions of this Code or the enforcement of any condition to the issuance or granting of any permit or entitlement provided for by such provisions.
(1223-CS, Amended, 10/13/2016; Ord. 937-CS, Add, 07/23/1998)
4-16-103 Penalty assessment.
(a) Any person who erects, constructs, alters, enlarges, moves or maintains any building or structure, or institutes a use for which a permit is required by the provisions of this Code without first having obtained such a permit therefor, shall apply for such permit, and pay a penalty assessment in the amount of fifty (50%) percent of the processing fee in addition to the permit processing fees required and enforcement costs assessed by the Authorized Official as set forth by this chapter.
(b) Any person who violates or fails to perform the conditions set forth in any permit or approval issued pursuant to the provisions of Titles 8 and 9 of this Code without first obtaining a modification of such conditions or apply for a modification of such conditions shall cease or correct such violation, perform such conditions or apply for a modification of such condition and pay a penalty assessment in the amount of fifty (50%) percent of the processing fee in addition to the processing fees and enforcement costs assessed by the Authorized Official.
(Ord. 937-CS, Add, 07/23/1998)
4-16-104 Enforcement cost recovery procedure.
(a) The Authorized Official shall maintain records of all administrative costs associated with enforcement proceedings and shall recover such costs from the property owner as provided herein.
(b) The rate charged for staff time shall be established by the City Council.
(c) Administrative costs shall be defined as all staff time expended which is reasonably related to enforcement and shall include but not be limited to site inspections, and preparation of summaries, reports and correspondence.
(d) If it is determined by the Authorized Official or his designee that a violation of the provisions of this Code or any condition of a permit or other approval granted under such provisions exists, the Authorized Official or his designee shall give three (3) notices to the record owner or any person in control of such property by mail, which notices shall state the existence of the violation, that the Authorized Official intends to charge the property owner for all administrative costs associated with enforcement, and state the owner’s rights to object to the imposition of such costs. The notices shall be in substantially the following form:
FIRST NOTICE
TO: (Record Owner)
(Person in Control)
The Authorized Official has determined that conditions exist at the property located at _____ which violate __________ (state ordinance or code sections violated or condition of approval violations).
You must correct or remove such violation by ____________ (specific date). Failure to timely correct or remove the violation within the time specified will result in all cumulative administrative costs being charged against you in accordance with the provisions of Turlock Municipal Code Title __, Chapter __. If the violation is corrected within the allotted time, no administrative costs will be assessed.
SECOND NOTICE
TO: (Record Owner)
(Person in Control)
You were sent notice on _____ that a violation of _________ existing on property located at ___________ and given ____ days to correct said violation. An inspection was made of such property on ______ and you have failed to correct or remove said violation. You must correct said violation.
If said violation is not corrected by ________ (specific date) you will be charged for the cumulative administrative costs of enforcement in accordance with Turlock Municipal Code Title __, Chapter __. If the violation is corrected within the allotted time, no administrative costs will be assessed.
FINAL NOTICE
TO: (Record Owner)
(Person in Control)
You were notified on _________ and _________ that a violation of ________ exists on property located at _____. You have failed to correct or remove said violation. You are hereby notified that as a part of the resolution of this matter you will be required to pay an amount equal to all cumulative administrative costs incurred in this enforcement proceeding. Written notice of the charges will be given. You have the right to contest the amount charged. To contest the amount due you must file a Notice of Contest with the _____ by _______ (specific date).
(e) Contest of administrative costs. At the conclusion of the case (which shall occur upon correction or removal or upon the filing of an application for a permit, or modification of conditions) the Authorized Official or his designee shall send a written Notice of Charges to the property owner or person in control setting forth a summary of time and hourly charges. The Notice of Charges shall be in substantially the following form:
NOTICE OF CHARGES
TO: (Record Owner)
(Person in Control)
The Authorized Official has determined that the administrative costs incurred in the enforcement proceedings and actions taken in regard to the violation of ___ existing on the property located at ____ are $____.
If you wish to contest these charges you must file a Request for Hearing together with an appeal fee with the _____ by ______ (specific date).
IF YOU FAIL TO TIMELY FILE A REQUEST FOR HEARING, YOUR RIGHT TO CONTEST THE ABOVE CHARGES WILL BE WAIVED AND YOU WILL BE LIABLE FOR THESE CHARGES, WHICH MAY BE RECOVERED AS A CONDITION OF ANY PERMIT OR MODIFICATION OF CONDITIONS OR MAY BE RECOVERED BY BECOMING AN ASSESSMENT AGAINST THE ABOVE DESCRIBED PROPERTY COLLECTABLE AS PROPERTY TAXES IN A CIVIL ACTION FILED IN A COURT OF COMPETENT JURISDICTION.
Dated: _____________
_____________________________
Authorized Official
(f) In the event that no Request for Hearing is timely filed, or after a hearing the Authorized Official affirms the validity of the costs, the property owner or person in control and possession shall be liable in the amount stated in the summary or any lesser amount as determined by the Authorized Official. These costs may be made an assessment against the property collectable as property taxes or shall be recoverable in a civil action in any court of competent jurisdiction. Any property owner, or other person having possession and control thereof, who receives a Notice of Charges under this chapter shall have the right to contest the amount of said charges in accordance with the procedure set forth herein.
(1) To contest the amount of the charges a request for hearing shall be filed with the department within ten (10) days of the date of the Notice of Charges on a form provided by the department. An appeal fee shall be charged for filing the Request for Hearing.
(2) Within thirty (30) days of the filing of the request, and on ten (10) days written notice to the owner, the Authorized Official shall hold a hearing on the owner’s objections and determine the validity thereof.
(3) In determining the validity of the costs, the Authorized Official shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to, the following: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; whether reasonable minds can differ as to whether a violation exists.
(4) The Authorized Official’s decision may be appealed to the City Council upon payment of an appeal fee. The City Council’s decision is final.
(Ord. 937-CS, Add, 07/23/1998)
4-16-105 Legal recourse.
In the event that any person, firm or corporation shall fail to abate a violation hereunder after notice of same and opportunity to correct or end the violation, the Authorized Official may request the City Attorney to apply to the Superior Court of this County for an order authorizing the City to undertake those actions necessary to abate the violation and requiring the violator to pay for the costs of such undertaking.
(Ord. 937-CS, Add, 07/23/1998)