Chapter 1.10
CIVIL PENALTIES
Sections:
1.10.020 Civil penalties established.
1.10.040 Time limit for filing.
1.10.070 Appeal hearing for special assessments.
1.10.010 Definitions.
“Enforcement officer” shall mean any officer or employee, including his or her designee, with the authority to enforce this code, its adopted codes or applicable state codes.
“Hearing officer” shall mean the hearing officer or officers appointed by the city manager. The hearing officer(s) may be a city employee, but in that event the hearing officer(s) shall not have had any responsibility for the investigation, prosecution or enforcement of this chapter and shall not have had any personal involvement in the proceeding to be heard within the past 12 months or possess any disqualifying interest in the outcome of the proceeding. In the event more than one person is appointed hearing officer for a proceeding, all decisions shall be made by a majority vote of all hearing officers.
“Notice and order or notice of violation” shall mean the written notice provided to a responsible person to inform that person of a violation of this code, its adopted codes or applicable state codes.
“Responsible person” shall mean either of the following:
(a) Any individual or legal entity who is the owner, tenant, co-tenant, lessee, sub-lessee, occupant or other person with any right to possession of the real property, owner or authorized agent of any business, company or entity, or the parent or the legal guardian of any person under the age of 18 years, who causes, permits or maintains a violation of this code, its adopted codes or applicable state codes.
(b) Any individual, legal entity or the parent or the legal guardian of any person under the age of 18 years who causes, permits or maintains a violation of this code, its adopted codes or applicable state codes. [Ord. 746-19 § 2, 10-22-19].
1.10.020 Civil penalties established.
(1) The council finds that there is a need for alternative methods of enforcement of the Willows Municipal Code and applicable state codes in addition to the penalties provided by WMC 1.05.080 and 1.05.090. The council further finds that the assessment of civil penalties is a necessary alternative method of code enforcement. The administrative assessment of civil penalties established in this section is in addition to any other remedies established by law which may be pursued to address municipal code or state law violations.
(2) Civil penalties may be assessed against a responsible party for continued violations of the municipal code or applicable state codes, whether of the same section or any combination, that reflect a continuing disregard for the requirements of such laws. The enforcement officer may issue a notice and order or notice of violation to the responsible party stating the violation, including a description of the conditions that give rise to the violation, and assessing a civil penalty pursuant to this section. The civil penalty shall not begin to accrue until 30 days after the date of the notice and order or notice of violation. The notice and order or notice of violation shall state the city’s intention to assess a civil penalty and the amount of such penalty. The civil penalty may be enforced as a lien or special assessment pursuant to subsection (5) of this section.
(3) Notwithstanding subsection (2) of this section, the city may provide less than 30 days’ notice to remedy a condition before imposing a civil penalty if the city determines that a specific condition of the property threatens public health or safety; and provided, that notice of that determination and time for compliance is given.
(4) Civil penalties may be assessed at a daily rate not to exceed $1,000 per day. The actual amount assessed, up to $1,000 per day, shall be set by the city manager, based upon a civil penalties schedule set by the council. In determining the amount to be imposed on a daily rate, or the actual final amount to be assessed, the city manager or his or her designee shall consider the following factors:
(a) Duration of violation.
(b) Frequency of occurrence of the violation or other similar violations.
(c) Seriousness of the violation in relation to its threat or impact upon public health, welfare, or safety.
(d) History of violations.
(e) Action taken by the responsible party to obstruct or interfere with correction of the violation.
(f) Good faith or bad faith efforts by the responsible party to comply.
(g) The impact of the violation on the surrounding property and community.
(h) The financial ability of the responsible party to have corrected the violation in a timely fashion.
(5) Civil penalties, as confirmed by resolution of the city council, shall constitute a special assessment against the property to which it relates, and after its recording, as thus made and confirmed, the same shall constitute a lien on the property in the amount of such assessment. The notices of such special assessment, and any other notice required by this section, shall be provided to the owner by certified mail, as determined from county assessor’s or county recorder’s records. The assessment shall be collected at the same time and in the same manner as ordinary city taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes shall be applicable to the special assessment. If any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but shall instead be transferred to the unsecured roll for collection. The city may conduct a sale of vacant residential developed property for which payment of such assessment made pursuant to this subdivision is delinquent. Notices or instruments relating to the abatement proceeding or special assessment may be recorded.
(6) Appeals. Upon request by the owner, lessee, occupant, or person having charge of the affected premises and if received by the city manager or his or her designee within 10 days after mailing the final notice and order or notice of violation, which includes the imposition of civil penalties to be assessed, the city manager or his or her designee (hearing officer) shall hold a hearing, which shall be open to the public. The hearing officer shall hear and consider objections and/or protests from any owner, lessee, occupant, person having charge of the affected premises, or other interested persons relative to the accrual of civil penalties. The hearing officer shall hear and receive all relevant evidence and testimony relative to the violations upon which the civil penalties are based and shall consider all of the factors listed in subsection (4) of this section. This hearing may be continued from time to time. Upon or after the conclusion of the hearing, the hearing officer shall determine the amount of civil penalties to be assessed. This decision shall be final.
(7) Unpaid civil penalties may be assessed against the affected premises as specified in subsection (5) of this section. [Ord. 746-19 § 2, 10-22-19].
1.10.030 Right to appeal.
Except where an appeals procedure is otherwise specifically provided in this code, any person excepting to the denial, suspension, or revocation of a permit applied for or held by him pursuant to any of the provisions of this code, or to any administrative decision made by any official of the city, if the denial, suspension, or revocation of such permit or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code, may appeal in writing to the council by filing with the city clerk a written notice of such appeal, setting forth the specific grounds.
No appeal may be taken to any such administrative decision made by an official of the city pursuant to the provisions of this chapter unless such decision to appeal has been first taken up with the department head concerned.
No right of appeal to the council from any administrative decision made by an official of the city pursuant to any of the provisions of this code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code, whether the administrative decision involves the denial, suspension, or revocation of a permit or any other administrative decision. [Ord. 746-19 § 2, 10-22-19].
1.10.040 Time limit for filing.
The appellant shall file a notice of appeal with the city clerk within 14 days after receipt of the notice of the administrative decision concerned. [Ord. 746-19 § 2, 10-22-19].
1.10.050 Hearings – Notices.
Upon receipt of the filing of the notice of appeal in proper form, the city clerk shall place the matter as soon as reasonably possible on the council agenda for a regular meeting of the city council which will be held no later than 30 days from the date of the filing of the notice of appeal. Except in cases of emergency when the council may determine the matter immediately, the council shall set the matter for hearing at the next regularly scheduled meeting. The city clerk shall cause written notice of the hearing to be given to the applicant not less than 10 days prior to such hearing, unless such notice is waived in writing by the applicant. [Ord. 746-19 § 2, 10-22-19].
1.10.060 Hearings.
At such hearing the appellant shall show cause on the ground specified in the notice of appeal why the action appealed from should not be approved. The council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter. [Ord. 746-19 § 2, 10-22-19].
1.10.070 Appeal hearing for special assessments.
Wherever the Willows Municipal Code provides for collection of a citation, fee, fine, penalty, or reimbursement of costs by special assessment as allowed by California Government Code Section 38773.5, 53069.4, or 54988, notice and hearing shall be as specified in this section.
(1) Notice. The notice of assessment shall be served, by certified mail, to the property owner, if the property owner’s identity can be determined from the county assessor’s or county recorder’s records. The notice of assessment shall specify that the property may be sold after three or more years by the tax collector for unpaid delinquent assessments, in accordance with state law or Glenn County ordinance. The notice of assessment shall also provide that the person receiving the notice is entitled to request a hearing to contest the assessment as provided in WMC 1.10.020(6), so long as such request is received by the city manager within 30 days after mailing the notice of assessment.
(2) Hearing. Upon request by any person or entity entitled to notice pursuant to subsection (1) of this section and if received by the city manager within 30 days after mailing the notice of assessment, the city manager or his or her designee shall hold a hearing, which shall be open to the public. The city manager or his or her designee shall hear and consider objections and/or protests to the assessment itself or the amount of the assessment. The city manager or his or her designee shall hear and receive all relevant evidence and testimony relative to the assessment of costs, fees, fines, or penalties. This hearing may be continued from time to time. Upon or after the conclusion of the hearing, the city manager or his or her designee shall, based upon the evidence presented at the hearing, determine whether all or part of the abatement costs, fees, fines, or penalties shall be assessed against the affected parcel. The decision of the city manager or his or her designee shall be provided either at the hearing or in writing to the person or entity requesting the appeal at the address provided in the request for appeal and shall be final. Any further appeals shall be in accord with California Code of Civil Procedure Section 1094.5 or 1094.6, and/or California Government Code Section 53069.4, as applicable.
(3) Resolution and Assessment. If the city manager or his or her designee determines that the property should be assessed, and the amount to be assessed has not been paid within 30 days of the final decision, the city council may approve the amount of the special assessment, as determined by the city manager or his or her designee, by resolution, and cause the same to be recorded on the assessment roll. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of city taxes shall be applicable to the special assessment. Notices or instruments relating to the abatement proceeding or special assessment may be recorded with the county recorder. [Ord. 746-19 § 2, 10-22-19].
1.10.080 Attorneys’ fees.
(1) In any action, administrative proceeding, or special proceeding initiated by the city to abate a nuisance, the prevailing party may recover attorneys’ fees. Recovery of attorneys’ fees by the prevailing party is limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. The award of attorneys’ fees to the prevailing party shall in no circumstances exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.
(2) Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that a property owner is responsible for a condition which may be abated as a nuisance, the court may order the property owner to pay treble (three times) the cost of abatement. This section shall not apply to conditions abated pursuant to Section 17980 of the California Health and Safety Code. [Ord. 746-19 § 2, 10-22-19].