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HomeMy WebLinkAboutOrdinances - No. 1777OF THE CITY OF ITY OF LOO1 AS FO~LOW~: INISTRATIVE ENFORC~MENT PROVISIONS,” is hereby ~~RAL ~ROVISION§ - as foifo~s: C~A~T~~ 1 .I0 ATIVE ENFORCEM~NT PROVISIONS nforcement - Adm~nis~rativ~ P~ovisions eclara~ion of ~ujpose live enforcement au~hori~ 1.10~040 1.10.0~~ 1.10.060 ?.10~~~0 nforcemen~ fees exemption tion of assessment of rein§pec~ion fees 1 .1 0.1 00 Article II - ~ot~~e of ~iolation ections: .10.110 Notice of violation; ~roc~dur~s I .I 0.1 20 ~e~ice of notices Proof of notice ~ecojdation of notices of violation; purpose Procedure§ for record~~ion ~e~ice of notice of violation ~~ocedujes to appe~l ~ecordation 1.3 0.1 80 1.1 0.1 90 1.10.200 1.10.210 I ~~a~ing; jecordation of notice of complian~e; jemoval p~o~edures ~~ohibiti~n again~t is~u~nce of m~nicipal permits ~anceilation of r~co~ded notice of violation rticle Ill - Ad~ini§tj ections: Administra~ive cita~~ons; au~ho~ity Admini~~rative citations; p~ocedures Cofltent~ of administrative citation 1 1.10.250 Appeal of administra~ive citation 1.10.2~0 Fines for adm~nis~~ative c~~a~ions 1.IQ.270 ~ailure to pay adm~nistrative fine 1.10.280 Al~Qcaiiofl of admiflistr~ti Article IV - Sections~ 1~10,290 l.lQ.300 1 .I 0.310 ~.I0.3~0 1 .10.330 'I. 10.340 I .10.350 Article V - Sec~ions: 1.10.360 1.1 0.370 1.10.380 1 .? 0.41 0 1 .I 0.420 I .10.430 7.10.440 Art~le Vl - ections: ~~0.45~ 1 .10.460 1 .1 0.490 i .1 0.500 1.10.510 i.10,520 A~atement Abatements; declaratiofl of purpose Aut~ori~ eneral provisions bate~~flt of a public nui5ance by the City ummary abatement Au~hori~y Procedures Admiflistrafiv~ Peflal~ie~ ~eclaration of Purpose Au~hority ~rocod~res; issuance of notice and order termination of civil peflalties cove^ of civil penalties ncellation of code enforcement lien Administrativ~ costs Failure to comply with notice and order Civil penalties hearing . Admini~tra~ive Hea~~ngs Pr~cedure~ for not~fication of admiR~s~ra~ive hearing ~rocedures at administrat~ve hearing Failure to attend administrative hearing Admin~sirative order Ju~icial review Failure to comply with the ad~inistrative order; misdem~anor Article I - CODE Section ? .10.0?0 A. The City Council finds that the enforcemeni of the Lodi ~unicipal Code and applicable stale codes throughout fhe City is an impo~ant public service. Code ~flforcement is vital to the prot~ction of the public's health, safety, nd ~ualityof life. The City Council recognizes that enforcement starts with the dra~tiiig of precise re ulations that can be effectively applied in administrative enf~rcemen~ hearings and judicial ~roceedings. After ~onsideraiion of the recommendations of the Communi~~ lmprov~ment Division, the City Council f~rtherfind~ that a comprehensive code enforceme~t sys~m ~~claration of purpose. es a varie~ of judicial remedies and administrative remedies to enforce violations of this Code ble state codes. The City Council also finds that there is a need to establish uniform procedures for administrative enforcement hearings conducted pursuant to this Code. It is the purpose and intent of the City Council to afford due process of law to any person who is directly ~ini~~rative action. EL process of law includes: adequate notice, an oppo~unity he administra~ive h ing process and an ade~uate explanation of the reasons inistrative action. These procedures are also intended to establish a forum to iously, and fairly resolve issues raised in any administrative enforcement action. is authori~ed to develop policies and procedures relating to the qualifications, appoifltment~ and compensation of hearing officers, hearing officer powers, hearing procedures, scope of the ~ea~ing~ subpoena powers, and other matters relating to administrative enforcement . The p~ocedures stablished in this Chapter shall be in addition to criminal, civil, or other legal rem~~ies es~ab~i~hed by law, which may be pursued to address violations of this Code or applicable state codes and the use of this Chapter shall be at the sole discretion of the City. Sec~ion 1 .~~.~2a ~efinitions A. A~~IN~STRATlV~ CITA~I~N: means a document issued by a Community fficer to a person viola tin^ the provisions of this Code or applicabie state code. ans an order issued by an Administrative Hearing Officer ponsible Person to correct violations, abate a public nuisance, pay administrative fines, civil penalties, administrative costs, authorize the City to abate a public nuisance, assess a Code forceme men^ Lien, ortake any other action as authori~ed or required by this Code and applicable state codes. aring requiring a C. A SM~~T LIEN: means a lien recorded with the San Joaquin County Recorder’s Office for the purposes of c~llecting ou~standiflg administrative citation fines, civil pena~~ie~, and administretive costs imposed as part of a cost reeovery, administrative or judicial cade enforc~ment action. It shall also mean the same as a Code Enforcement Lien. ~~~NT LIEN: see defini~ion of Assessment Lien. EM~NT OF~l~~R: means a person authorized to enforce violations of the Lodi ~unicipal Code, adopted Uniform Codes, and applicable state codes within their City department’s jurisdic~ion. F. : shall include each of the directors of the following City depa~ments: d ~ommuni~ 5~velopmefl~, Pu~iic Works, Parks, Recreation and Facilities, lillties, Finance, and the ~epa~ment of Public Safety and any of their d~signated agents or representatives within their jurisdiction. ING ~FFlC~R (or Administrative Hearing Officer): means any person appoin~ed by the City ~ttorney to preside over administrative hearings. 3 w I. J. L. N. P. R: means a document used in abatement actions and as~essment civil penalties involving serious code wiola~ions, which provide notice of Municipal de, adopted Uniform Codes, or applicable state code violations and orders a erson to take certain steps to correct the violations within a definitive period of time. Civil penalties may also be imposed in conjunction with this Notice. PLIANC~~ means a document issued by a Director, which represents s been brought into c~mpliance with the criteria set forth under this Code. : means a document or form, which indicates that all ou~s~anding civil penalties and costs have either been paid in full, or that the City has nego~iated an agreed amount, or that a subsequent administrative or judicial decision has resolved the outs~anding debt. N~~~~~ OF V~O~~T~~N: means a written notice, which informs a Responsible Person ions present on the subject property, lists the re~uired compliance actions, ormation as requir~d by this Code. The Notice of Violation may n ~oa~~in ~oun~ Recorder’s Office. : applied to a building or land, shall include any part owner, joint owner, tenant, tenant in ~ommon, joint ena ant, of the whole or a part of such buildiflg or land. ON: unless it otherwise appears from the context as used, includes any person, firm, asso~iation, or~aniz~tion, partnership, ~usiness trust, company, co~oration, public agency, school district, the State of California, its political subdivisions and/or instrumentali~ies thereof or any other entity which is recognized by law as the subject of rights or duties. TY OW^^^: means the record owner of real property as listed on the last equalized assessment roll maintained by the San Joaquin County Assessor. RES ON: means a person who a Director determines is responsible for caus maintaining a public nuisance or a violation of the Lodi ~unicipal Code, adopted Uniform Codes, or applicable state codes. The term responsible Person” ~ncludes, but is not lim~ted to, a pro~~rty owner, tenant, person with a legal interest in the subject property^ person in possession of the subject property, or person that exercises custody and control over the subject property. SMALL is mandato~ and MAY is permissive. However, the use of the word “shall” in this ~hapter is not intended and shall not impose any mandato~ duty to third parties by the City of Lodi, its ~mmissions, boards, officers, agents, or employees and is not intended and shall not impose ny liability on the City of Lodi, its commissions, boards, officers, agents, or employees. E tti ection 1 .I 0.030 The ~ommuni~ evelopment ~irector~ designated ~ommunity Improvement Officers, the Fire Chief, and other City Directors and/or their designated agents have the author~ty and powers 4 Administratiwe enforcement authority. necessa~ to determine whether a violation of this Code or applicable state codes exists and the authority to take appropriate action to state codes. These powers include t Notices and Orders, and civil penalties, the power to inspect public and private prope~~ and use the adminis?rative remedies which are available under this Code, adopted Uniform Codes, or ~ppli~ble state codes. in compliance with the provisions of this Code o ower to issue Notices of Violation, Administ~ativ Section 1 .'!0.040 Authori~ to inspect. A Director, a Community Improvement Officer, or Qtherdulyauthori~ed agent are auihorizedio enter upon any property or premises within the City to ascertain whether the provisions of this Code or applicabl~ state codes are bein beyed, and to make any examinations and surveys as may be necessary in the pe~ormance their enforcement duties. These may include the taking of pho~ographs, samples, or other physical evidence such as the use of a sound level measurement device Lo measure noise dis~ufbances. All ~nspections, entries, examinations, and surveys shall be done in a reasonable manner. If an owner, occupant, or agent or other Responsible Person refuses or inspect, the Communi~ Improvement Officer may seek an administrative ursuant to the procedures provided for in the Cafiforn~~ Code of Civil Procedure. Section 1.10.050 A. The City Council finds there is a need to recover costs incurred by the City in its code enforcement efforts including time spent by City personnel inspecting and reinspecting pr~pe~ies throughout the Cityi preparing and posting the various notices that are required under this Code w~enever a prope~y is found to be in violation of a mandato~ provision, processing a case file, towing inoperative vehicles, o~taining inspection warrants, and preparing for and appearing at Adminis~rative Hearings, which procedures all become necessary when a Responsible Person fails to v~luntarily correct code vioiations on his or her property. These additional code enforc~ment efforts are not usuaily unde~aken or em~loyed until after a ~esponsible Person has failed to respond on a yoluniary basis to notices and/or warnings from the City or volunteers. The City C~uncil further finds the assessment of fees forthe services listed in subsection A, are an app~opria~e method to recover costs incurred for the addi?~onal work that is unde~aken by City staff when a reaponsible person fails to voluntarily correct code violations on his or her property in a timely manner. The assessm~nt and collection of these code enforcem~~~ fees shall not preclude the imposition of, and shall be in addition to, any administrative or judicial civil penalties or fines for violations of this Code or applicabie state codes. Section 1.10.060 A. Whenever a ~ommunity Improvement Officer and/or designated staff inspects, reinspecis, processes a case file, prepares and posts a Notice of Intent to Abate, a Notice of Violation, Notice to Vacate, Notice and Order of lition, Abandoned Vehicle Abatement Notice, seeks and obtains an insp~ction warrant, prepa and appears at an Administrative Hearing, or any other action as may be hereinafter designa esoiution of the City Council, for which an action has been in~tiated to obtain ~ompliance with this Code o pplicable state code, a Director shall assess the apprcpriate code ~nfo~cement fee against the sponsible Person. Code enforce men^ fees; purpose. . Assessment of reinspection fees. 5 ection 1 .~0.0~0 mount of reinspection fees. A code enforcement fee schedule shall be established and revised as necessa~ by the Ci~Council to reflect current costs. The code enforcement fee schedule shall be filed in the City Clerk's office. ection 1 .I 0.0~0 No fee shall be cha ed if any of the following circ~mstances exist: A. . olation; or Code enforcement fees exemption A Notice of ~ompliance has been issued; It is d~termined that the previously identified Responsible Person has not caused the code 6. compliance reins~ection deadline set by Code ~n~orcement staff. The Respons~ble Person fully corn lies with any Notice of Violation or warning before the ection 1.10.090 ~otifica~ion of asse~sfflent of reinspection fees A. Where the as~e~~ment of code enforcement fees is authorized under this Chapter, the lor shall provi~e the esponsible Person with a written notice assessing code enforcement ssessment shall contain the following information: (I) The amount of fees responding dates when code enforcement action took piace; and (3) A deadline by which the code enfo~cement fee must he paid. . Notifica~ion of the code enforcement fee assessment shall be provi~ed to the Responsible Person by any af the means outlined in this Chapter. nfor~ement fees ma ion as provided for in 8. Code ~nforcement fees mIIe other action to r~cov~r these identic ssessed as part of any judicial or administrative to this Chapter shall not be duplicated in any . The failure of any e~ponsible Person to rece e notice of the code enforcement fees shall not affect the validity of a fees imposed under this Collection of reins~ec~ion fee ection 1.1 0,100 The City shall collect the assessed code enf~rcement and late fees by the use of all appropriate legal means, ~ncl~din but not limited to: re~err~l to the Finance Depa~ment for collection or assess men^ a~ainst the property. 6 Article I1 - NQIl F VIO~TI~N Section 1.10.1 I0 hen ever it is de t a violation of this Code, adopted Uniform Codes, of appli~able state codes exists, the Community Improvement Officer, or other duly authori~ed agent may issue a Notice of ~io!a~ion to the Responsible Person(s). The Notice of Violation shall inc~ude the following in~ormation: Notice of violation: procedures. . The name of the ~esponsible Party; . The name of the owner, if different from the ~esponsible Person; C. Street address of the property at issue; D. The code sections in violation; E. A desc~iption of the Conditions which violates the applicable codes; F. A list of necessary corrections to bring the property into compliance; G. A deadline or specific date to correct the violations listed in the Notice of violation^ and H, A list of the potential consequences for failure to comply with the Notice including, but not limited to: criminal prosecution, civil injunction, administrative abatement, administrative citations, civil penalties, revocation of permits, recordation of the Notice of Violation, and withholding of future municip~! permits. Section 2.10.120 ervice of notices. Whenever any notice is required to be given under this Code, the notice shall be served in the following manner unless a different procedure is specifically stated to apply: A. Persona! service or certified mail, postage prepaid, return receipt requested. Simul~neously, the same notice shall be sent by regular mail to the Responsible Person. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuantto regular mai!. B, Posting the notice conspicuously on or in front of the subject property operty Owner shall be sent to the address listed in the last equali~ed n Joaquin ~oun~y A~sessor. . In the event the Responsible Person is someone other than the Property Owner, a copy of the notice sha!! also be mailed to the Prop~~y Owner. Service by certified or regular mail in the manner described above shall be effective an the date of mailing. ct ~ro~~~y to r ive any notice §~~~ dity of any proceedings taken under this Chapter. The notice requirements in this section o not apply to initial Notices of violation^ Courtesy ~otices, which may be sent by regular mail. Service of a Courtesy Notice by regular mail is effective on the date of mailing. 7 ~ection 1.10.f30 roof of notice. any notice may be made by the certi~icate of any officer or employee of the City, or by n years, which shows service in conformity with this to the subject matter concerned. any person over the age of e' r ot~er prov~sions of law appli ection 1.10.140 ecordat~on of notices of violation^ purpose. The City Council finds that there is a need to give notice of pending enforcement actions to persons who may subseque~tly acquire the ~~ope~y as a means by which to ensure the violations will be corrected, An app~opri te method to accomplish this is through the issuance and recordation of otices of Violation. The procedures esta~l~shed in this Chapter shall be in addition to criminal, civil, ny other remedy established by law, which may be pursued to address violations of this Code or a~pl~cable state codes. ection 1.10.250 rocedures for recordation. A. irector has issued a Notice of Violation to a Res~onsible Person and the property remains in violation after the deadline established in the Notice of Violation, the Rirector may record the ~otic~ of Viola~ion with the San Joaquin County Recorder's Office. ~ncea n, a Director shall provide to the Responsible Person a Notice of Intent to lice of Violation will be recorded unless a written request to appeal this action is received pu~suant to the procedures outlined in this Chapter. The fetter shalt be served in accordance with the methods set forth in this Chapter. . ereafter cause the No~ice of Violation to be recorded, if the viol~tions remain. . If a written request to appeal is not received within the time frame specified, the Director may The recor~ed Notice of Violation shalt include the name of the Property Owner, the assessor's parcel n~m~er, the street address, the parcel's legal description^ and a copy of the latest Notice of Vioiat~on" E. against the property as provided for in this Chapter. emice of notice of v~olation, Any costs associated with recording or re~oval of the Notice of Violat~on may be assessed ection 1.10.260 recorded Notice of Violation shall be mailed to the ~espons~ble Person and to the er and/or any other persons who have requested copies of such Notices pursuant to any of the metho~s of service set forth in this Chapter. Section 1.10.170 A. procedures set forth in this ~hapter. Frocedure~ to appeal reco~da~ion. An appeaf of the Director's Notice af Intent to Record the Notice of Violation shall follow the B. Upon receiving a written appeal, the Director shall schedule a hearing pursuant to the procedures set forth in this Chapter. The purpose of the hearing is for the ~esponsibie Person or Property Owner to state any reasons why a Notice of Violation should not be recorded. C. The failure of any person to file an appeal in accordance with these ~rovisions shall constitute a waiver of the right to an administrative hearing and shall not affect the validity of the recorded Notice of V~olation. Section 1 .I 0.1 80 A. Atthe appeal hearing, the ~~arin Officer shall only consider evidence that is consistent with the City Attorne~s rules and procedures for administrative hearings, and that is relevant to the ~ollow~ng issues: I. state codes; and 2. notification procedures specified in this Chapter. 8. Notice of Violation. C. invalidate the Director’s decision to record the Notice of Violation. Appeal hearin ; recordation of notice Wheth~r the conditions listed in the Notice of Violation violate the this Code or applicable Wheth~r the Director afforded the Responsible Person with due process by adhering to the If the Hearing Officer affirms the Director’s decision’ the Director may proceed to record the If the Hearing Officer determines that recordation is improper, the Hearing Officer shall Section 1.70.1 90 A. When the violations listed on the Notice of Violation have been corrected, the Responsibi~ Person or Pro~erty Owner may file with the Director a written request for a Notice of Compliance on a form provided by the City. B. Oncethe irector receives this request, the Director shall reinspect the property within ten (10) days from receipt of the request to determine whether the violations listed in the Notice of Violation have been corrected and whether all necessary permits have been issued and final in~p~ctions have been pe~orm~d. C. Owner if the Director determines that: 1. 2. 3. 4. to r~im~u~se the City for all administrative casts. D. Ad~in~5~~ative costs may include costs incurred in the investigatioi~, inspection, reinspection, title search, appeal hearing, and any other process in^ costs associated with the violations specified on the Notice of V~olation. 9 Notice of compi~a~c~; removal procedures. The Director shall provide a Notice of Compliance to the Responsible Person or Prope~y all violations listed in the recorded Notice of Violation have been corrected; and all necessary permits have been issued and finalized~ and all administra~ive fines or civil penalties have been paid; and the party re uestin~ the issuance of the Notice of Compliance has paid an administrative fee E. If the ~irector denies a request to issue a Notice of Compliance, the Director shall serve the espon~ible Person, and the Prope~y Owner with a written exp!anation within inspection settin forth the reasons for the denia!. The written explanation shall be served by any of the methods service listed in this Chapter ision denying a request to issue a Notice of Compliance constitutes the and is not a~pealable. ection 1.10.200 Prohibition against issuance of municipal permits. For prope~ies where a Notice of Violation has been recorded, the City may withhold permits for re~air, construction^ and/or alteration on the affected property until a Notice of Compliance has been issued by the ~~re~to~. The City may not w~thhold permits, which are necessa~ to obtain a Notice of Compliance or which are necessa~ to correct serious health and safety violations. ection I, 10.21 0 Cancellaiion of recorded notice of violation. irector shall record or cause to be recorded the otice of Compliance with the San Joaquin ounty ~ecorde~ls Office. The recordation of the Notice of Compliance shall have the effect of canceiin~ the ~ecorded Notice of Violation. Article 111 - A~~lNi ATIVE CITA~I~N~ ection 1 .I 0.220 Administrative citations; authori~. A. cod this er. Any person violating any provisions of this Code, adopted Uniform Codes, or applicable state be issued an Administrative ~ita~ion by a Community Improvement Officer as provided in Each and every day a violation of this Code, adopted Uniform Codes, or applicable state de exists constitutes a separa~e and distinct offense. An administrative fine ommuni~ Improvement all be assessed by means of an Administrative Citation issued by icer and shall be payable directly to the City unless otherwise noted on the Citation. D. the procedures s ecified in this Chapt~r. Fines ~ssessed by means of an Administrative Citation shall be collected in accordance with A. Upon discoverin any violation of this Code, adopted Uniform Codes, or applicable state codes, a ~ommuni~ lmp~~v~ment Officer may issue an Administ~ative Citation to a Responsible Person in the manner prescribed in this ~hapter, The Administrative Citation shall be issued on a form approved by the City A~or~e~. 10 onsible Pe~son is a commercial business, the Community improvement Officer ess owner and issue the bu s Owner an Adminis~rative Citation. icer can only locate the man of the commercial business, the given to the manager of the business. A copy of the Administrative the business owner or ~esponsible Person in the manner prescribed 6. The A~minis~rative Cita~~on shall be signed by the issuing Code Enforcement Officer. esponsible Person is located, the Code ~nfo~cement Officer shall attempt f that person on the Administrative Citation. However, if the Responsible the Ad~iinistra~ive Citation, it shall not affect the validityof the citation 2. If the Communi~y Improvement Officer is nable to locate the Responsibte Person, then the Administ~ative ita at ion shall be mailed to the sponsible Person in the manner prescribed in this Chapter. . If no one can be located at the property, then the administrative citation shall be posted n or near the property and a copy subsequently mailed to the Responsible escribed by this Chapter. E. A copy of the Administ~ative Citation shall thereafter be mailed to the Responsible Person and to the owner of the prope~y if different from the ~esponsible Person in the manner prescribed by this Chapter. The failure of any person with an interest in the property to receive notice shall not affect the validi~ of any p~oceedings taken under this 6hapter. conspicuous plac son in the manne ection I ,10240 Cont~nts of administrative citation Any Adminis~ra~ive tatio ion that is issued shall contain all of the following information: A. observed; The date and iocation of the viatations and the approximate time the violations were The code sections violated and a brief description of how the sections are violated; Where appropriate, the action required to correct the violations; Set forth a deadline by which the violations must be corrected and the consequences of The amount of fine imp~sed for the violations, if any; An ex~~an~ti~n as to how the fine shall be paid and the time period by which it shall be paid, Identify all rights and procedures of appeal. . C. D. fail in^ to comply; E. F. and the conse~uences of failure to pay the fine; and 6. Section 1 .I 0.250 An appeal from the iss~~ance of an Admini§trative Citation shall follow the procedures set forth in this Chapter. Sec~ion 1 .I 0.260 A. If the Responsible Person fails to correct the violation, subsequent Administrative Citations may be issued for the same vioia~ions. The amount of the fine shall increase at a rate ~pecified in Appeal of administrative citation. Fines for adminis~rative citations. €3. as follows: The fines asses~ed for each Administrative Citation issued for the same violations shall be 1. First Administrative Citation: $100.00 Administrative Citation: $250.00 d subs~quent ~dministrative Citation(s): $500.00 C, enforcem~nt action by the City. D. citation. E. The Community Revelopment Rirector is autho~i~ed, under direction and upon the City Attorney, to establish policies and procedures for the certification, decertifi conduct of the Community Awareness and Responsib~lity Education Classes, to es persons receivin a fine under an Administrative Citation have the option of attending a certified ~ommunity Awa ness and Responsibility Education Class prior to the citation becoming d~linquent in lieu of paying the fine. A person may not use this option mare than once in any twelve (1 2)-month period. F. For all delinquent^ unpaid Administrative Citation fines, there shall be a penalty impos~d in the mount of ten percent (to%) of the cita~ion fine amount and an additional one percent (1%) per month of the total amount of such fine for each month during the time that said fine remains unpaid after its delinquency d te. The dalinquency date for an Admini~trative Citation fine shall be sixty (60) days following the impo§ition of the fine, or the appeal determination of the Administ~ative Hearing Officer, ~h~chever is later. Payment of the fine shall not excuse the failure to correct the violations nor shall it bar further All fines assessed shali be payable to the City of Lodi, unless otherwise directed on the Section 1.1 0.270 The failure of any person to pay the fines assessed by an Administrative citation within the time Failure to pay adminiatrative citation fine. on rn nt far to collect the fines including, but not limited to, those remedies provided in Title 1, Chapter 1.08 of this Code. 0 Allocation of administrative citation fines Administrative fines collected pursuant to this Article shall be deposited into the Special Revenue Fund. rti~le IV - A T ection 1 .I 0.290 ~batements; declaration of purpose. Council finds that it is necessa~ to establish appropriate procedures for the administrative mary abate~en~ of public nuisances and code violations. The procedures established in ter are in addi~ion to any other legal remedy, criminal or civil, established by law which may be pursued to ad~ress v~ola~ions of this Code or applicable state codes. This Chapter governs ail other nuisance abatement procedures established in other chapters of this Code unless other ures are ~~eci~icai~y stated to apply. ection 1.10.300 uthority. Any condition caused, ~aintained~ or pe~i~ed to exist in violation of any provisions of this Code or an applicable state code, which constitutes a public nuisance^ may be abated by the Ci~pursuant to the procedures set forth in this Article. ection 1.10.310 General p~ocedures A. Abatement Notice 1. ~hene~er the irector determine^ that public or private property or any portion of public or private pr~pe~ is a pub1 nuisance as generally defined in Section 15.30.030 or as declared in any other specific section of this Code, in adopted Uniform Codes or applicable state codes, an Abatemen? No?ice may be issued to ponsible Person to abate the public nuisance. 2. The Aba~emen~ Notice shall contain a description of the subject property in general terms ~easonably sufficient to identify the location of the property. It shali refer to specific sections of this Code, adop~e~ Uniform Codes, or a~plicable state code vioiations, which render the property a public nuisance. 3. The A~a~ement Notice shall describe the action required to abate the public nuisance, which may include, but is not limited to: corrections’ repairs, demolition, removal, obtain in^ the necessary perm its^ vacation of tenants or occupants, or other appropria~e action and shall establish time f~~mes by which each action must occur. 4. The Ab~t~ment Notice shall explain the consequences should the Responsible Person fail to comply with the terms of the notice. 5. The Abatement Notice shall identify ail applicable hearing and appeal rights Service of Aba~ement Notice 1, The Abatement Notice shall be served by any of the methods of service listed in this ~hapter. Section 1.1 0.320 A. Once the ~irector follows the procedures set forth herein and the time for compliance has lapsed, if the violations remain, the nuisance conditions may be abated by City pe~~nnel or by a private ~ontrac~or. 8. City personnel or a private contractor can enter upon private property in a reasonable manner as provided by law to abate the nuisance conditions as specified in the Aba~emen~ Notice or Abatement Order. esponsible Person abates the nuisance conditions before the City performs the actual ~batement pu~suan~ to an abate men^ No~ica or Abatement der, the Director may still assess all costs incurred by the City against the Responsible Perso ursuant to the procedures set forth herein. D. When abatement is completed, a report describing the work performed and an itemized account of the total abate~en~ costs shall be prepared by the Director. The report shall contain the names and addr~sses of the Responsible Persons of each parcel, the name and address of the Property Qwner, if different from the Res~onsible Person, the tax assessor’s parcel number, and a legal description of the property, if the ~spQnsible Person is an owner. E. The Director shall schedule a confirmation of costs hearing before an Adminis~rativ~ eari in^ Officer pursu~nt to the procedures set forth in this Chapter, unless ~aive~ in writin Respons~ble Persons. F. All administrative and actual costs incurred by the city in abating the violations may be assessed and rec~vered against the Rasponsible Person pursuant to the provisions set forth in this Chapter. Abatement of a public nuisance by the City. Section 1 .I 0.330 This Article governs the procedures relating to summary abatement of public nuisances. umma~ abatement. Section 1.10.340 ~uthori~. Whenev~r the Dir~c~or de~ermines that an ~mminent health and safely hazard exists that requires im~ediat~ cor~ection or elimination, the Director may exercise the following powers without prior notice to the ~esponsi~le Person: A. Order the immediate vacation of any tenants and prohibit occupancy of the subject property until all repairs are completed: or B. Posi the premises as unsafe, substandar~, or dangerous; 01 c. D. any hazard to the general public; or oard, fence, or secure the building or site; or Razean grade that portion of the premises or site to prevent further collapse and remove minimal emergency repairs as necessa~ to eliminate any imminent health and other action as appropri te under the circumstances. ection 1 .f0.350 ~rocedu~es. A. The Dire~tor shall pursue only the minimum level of correction or abatement as necessa~to e!iminate the immediacy of the hazard. Costs incurred by the City during the summa^ abatement rocess shall be ssessed, collected, and recovered against the Responsible Person through the rocedures outlined in this Chapter. irector may also pursue any other administrative or judicial remedy established by law to abate any remaining public nui~ance. A~icle V - Adminis~rative ection I .10.360 ~eclaration of purpose. iky Council finds that there is a need for an alternative method of enfarcement for enforcing more serious viol s of this Code, adopted Uniform Codes, and applicable state codes. The City Council further f that the assess men^ of civil penalties through an a~niinistrative hearing procedure for code violations is a necessa~ alternative method of code enforcement. The ad~inistrative assessment of civil penal tie^ is in addition to any other administrative or judicial remedy estabiished by law, which may be ~~rsued by the City to address serious vjolations of this Code, adopted Uniform Codes, or appl~cable state codes. ection 1.10.370 ~~thor~ty. A. Any person violating any ~rovi~ion of this Code, adopted Uniform Codes, o~ap~licable state code may be ~ubj~ct to the asse~sment of civil ~enaltie~ pursuant to the administrative procedures provided in this Chapt~r. , Each and every day a violation of any provision of this Code or applicable state code exists constitutes a separate and distinct violation. C. Civil penalties may be dire ly assessed in conjunction with a Notice and Order issued by the Director, or affirmed by a Hearing fficer. Civil penal tie^ assessed shall be collected in accordance with the proc~d~ra~ specified in this Chapter. D. Civil penalties for violations of any prov~sian of tliis Code, adopted Unif~rm Codes, or licable state codes shall be as~essed at a daily rate determined by the Director or Hearing icer pursuan~ to the criteria listed in this Chapter. Except as authorized pursuant to State and Federal laws, the maximum civil penalty shall be $1,000 per violation per day with the m~ximum amount of civil penalties not exceeding $10~,~00 per parcel or structure for any related series of violations occurring within the twelve (I 2)-month period immediately proceeding the latest violation. ection I .10.380 Procedures: issuance of notice and order A. Whenever the irector determines that a violation of one or more provisions of this Code, adopted Uniform Codes, or applicable state codes has occurred or continues to exist, a civil penai~ may be issued in coniunction with a Notice and Order to the ~espan~i~ie Person. . The Notice and Order shall refer to all code sections violated and describe how each section is or has been vioJa~ed. C. D, and establish time frames for completion. E. de~ermin~ the daily amoun~ of civil penalties pu~iiant to the criteria in set forth in this Article. F. The Notice and Order shall refer lo the dates and locations of the violations. The Notice and Order shall address the action required to correct the outstanding ~iolations The Notice and Order shall establish a daily amount of civil penalties. The Director shall The Notice and Order shall identify a date when the civil penalties began to accrue and a ate when the assessment of civil penalties ended, unless the violation is Continuous. In the caseof continuous violation, there shalf be an ongoing assessment of penalties at the daily rate esta~lish~d in the Notice and Order until the violations are corrected. G. If a Director de~ermines that the violations are continuing, the Notice and Order shall that the ~esponsi~le Person cease and desist from further action causing the violations, or take affi~mative action to cease from maintaining or permitting the violation to exist, and commence and complete all action to correct the outstanding violations under the ~uidance of the appropriate City Depa~me~ts. El. Person fail to omp ply with the terms and deadlines as prescribed in the Notice and Order. I. Ghapter. J. methods of servic listed in this Cha~ter" K. duration and the daily amount of civil pe~al~ies. L. encompasses either different dates or different violations. Section 1 .I 0.390 A. In determinin~ the date when civil penalties started to accrue, a irector may consider the date when the ~epa~ment first discovered the violations as evidenced by the issuance of a Notice of Violation or any other written correspondence. The Notice and Order shall enumerate any other consequences should the Responsible The Notice and rder shall identify appropriate hearing procedures as required by this The Notice and Order shall be served upon the Responsible Person by any one of the The Notice and Order shall identify the factors used by the Director in determining the More than one Notice and Order may be issued agains~ the same ~es~~nsible Person if it ~etermination of civil penalties. , The assessment of civil penalties shall end when all action required bythe Notice and Order has been completed. C. may consider some or aii of the follo~ing factors: i, The duration of the violation. 2. The frequency or recurr~nce of the violation. 3. The seriousness of the violation. 4. The history of the viola~ion. 5. The ~esponsible Person's conduct after issuance of the Notice and Order. 6. The good faith effort by the Respons~ble Person to comply. 7. The economic impact of the penalty on the Responsible Person. 8. The impact of the violation upon the community. 9. Any other factors that justice may require. Section 1.10.400 The Director may collect all civil penalties and related administrative costs by the use of all appropriate legal means, including, but not limited to, the recordation of a Code ~flforcem pu$su~n~ to the procedures set forth in this Chapter. If unable to collect the obligation^ the may refer the obli~ation to the City A~orn~y to file a court action to recover these pena~ties and costs. Section 1 .IO.iIiO Once payment in full is received for the outstanding civil penalties and costs or the amount is deemed satisfied p~rsuant 20 a subsequent administrative or judicial order, the Director shall, within ten (10) days from the date payment is made or decision is final, record a Notice of Satisfaction with ffice. The Notice of Satisfaction shall include the same information as p~ovided for in the original Code ~nforcement Lien. Such Notice of Satisfa~tion shall cancel the Code ~nforcement Lien. Section 1.1 0.420 Administrative costs The Director or eari in^ Officer is authorized to assess any reasonable administrative costs. ~dmin~strative costs may include sche~uling and processing of the hearing and all subsequent actions. In detarmining the amount of the civil penalty to be assessed on a daily rate, the Director Recovery of civil penalties anc cell at ion of code enforcement lien an Joaquin ~ount~ 30 ~ailure to ~orn~l~ with notice and order. The Director shall request the City A~orney to appoint a Hearing Officer and the Director shall ~stab~ish a date> e, and place for the civil penalties hearing in accordance with this ~hapterwhen the Responsi~i~ rson fails to comply with the terms of the Notice and Order. Failure to comply inciudes failure to pay the assessed civil penalties, failure to commen~~ and complete corrections by the estabiished deadlines, or failure to refrain from continuing violations of this Code, a~o~~ed Uniform Codes, or applicable state codes, Section 1.10.440 ivil penalties hearing procedures for the civil penalties hearing are the same as the hearing procedures set forth in this Chapter. The~earing fficer shall only consider evidence that is relevant to the following issues: (1) son has caused or maintained a violation of this Code or applicabl~ specified in the Notice and Order; and (2) whether the amount irector pursuant to the procedures and criteria outlined in this . of civil penalties assessed by ~hap~er was reasonab~e. Article VI - Adm~nistrat~ve Hearings ection I .10.450 Administrative hearing ~rocedu~es. These sections stablish the procedures for the use of Administrative Wearing Officers and the procedures gov@rning administrative hearings. uatifications of Administrative Hearing Officer. The Ci~ Anorney sh~ll pFomulga$e rules and to establi~h a list of qualified persons who are capable of acting on ficer. Hearing Officers presiding at administrative and compensated by the City. The City Attorney shall develop policies and procedures relating to the appointment and compensation of Hearing c. isqual~fication of ~earing ~~ficer. Any person designated to serve as a Hearing Officer is su~ject to disqualiflcation for bi ejudice, interest, or for any other reason for which a judge may be disqualified in a court of la s and ~rocedures for the disqualificatien of a Hearing Officer shall be p~omul~ated by the Appointment of Administrative Hearing arings shall be a~pointed by the City Attorn fficers. . Powers of ~earing Officer. 1. The Hearing Officer may continue a hearing based on good cause shown by one of the parties to the hearing or if the Hear~ng Officer independently determines that due process has not been adequately afforded. 2. The Hearing Officer, upon receipt of a written request which is submitted no later than five (5) days before the hearing, shall subpoena witnesses, documents, and other evidence where the a~endance of the w~t~ess or the ad~ission of @vidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees shall be borne by the party reque~~ing the subpoena. The City Attorney shall develop policies and ~roc~dure~ re la tin^ to the issuance of su~poenas in administrative hearings, i~c~udj~~ the form of the subpo@na and related costs. 3. 'The Hearing Officer has con ti nu in^ jurisdiction over the subject matter of an administrative hearing for the purposes of granting a contii~uance, ensuring compliance with an rder, modifying an administrative order, or whete extraordinary circumstances exist granting a new hear~ng. 4. The ~ear~ng Officer has the au!hori~ to require the Responsible Person to post a code enfo?cement pe~ormance bond to ensure compliance with an Administrative Order. Failure to Obey ~ubpoena. It is unlawful for any person to refuse to obeya subpoena issued a Hearing Officer. Section 1.10.460 A. within ten (10) calendar days from the service of the notice: ~rocedures for requesting an appeals hearing. A person served with one of the following documents, order or notices may file an appeal I, Any civil penalty notice and order issued; 2. An administrative citation issued ~ursuant to this Chapter; tion for a waiver of fees. , irector on or before the tenth day after service. The appeal shall be made in writing stating the grounds for the appeal and filed with the Section 1.1 0.470 A. Where an administrative remedy or proceeding provides for an appeal proc~dure, the ~i~ec~orshall re~uest the City Attorney to appoint a Hearing Officer and to schedule a day, time, and a place for the hearing. €3. Written notice of the time and place days prior to the date of the hearing to the C. promuigat~d by the City Attorney. D. rocedures for notifica~ion of ad~inistrative hearing. the hearing shall be served at least ten (10) calendar sponsible Person. The format and contents of the hearing notice shall be in accordance with rules and policies The notice of hearing shall be served by any of the methods of service listed in ?his Chapter. ection 1.10.480 ~roc~dures at adminis~rative hearing. A. Adi~i~istrative hearin~s are intended to be informal in nature. Formal rules of evidence and discove~ do not apply. The procedure and format of the administ~ative hearing shall follow the p~ocedur~s promu~~ate~ by the City Attorney. 8. a violation of this Code, adopted Uniform Codes, or applicable state codes. The City bears the burden of proof at an administrative hearing to establish the existence of The by the ~~~~ing Officer in decidi~g the issues at an Each party shall have the opportunity to c?oss-examine witnesses and present evidence in Mi~istra~i ce of the evidence. , support of his case. ection 1.10.490 Failure to attend administrative hearing, and who fails to appear at the heari ica~ion of the issues related to the h sponsible Person who requests a hearing or whose actions are the subject of an is deemed to waive the right to a ing, provided that the hearing was ection 1.10~50~ Administrative order. A. The decision of the Hearin issued in acco~dance with this Ch A~orney. icer shall be entitled "Administrative Order" and shall be and the ruies and procedures promuiga~ad by the City nce all evidence and ~estimony are completed, the Hearing Officer shall issue an inistrativ~ Ordar, which affirms, modifies, or rejects the Director's action. in the case of a notice order of civif penalty, the Administrative Order may affirm, modify, or reject the daily rate or duration of the civil penalties depending upon the review of the evidence and may increase or decrease the total amount of civil penalties and costs assessed. C. The Hearing ficer may issue an Administrative Order that requires the Responsible Person to cease from violati this Code, adopted Uniform Codes, of appiicabi~ state codes and to make necessa~ cor~ections within a specific time frame. D. As pari of the Administrative rder, the Hearing Officer may establish specific dea~lines for ent of penalties and costs and condition the total or partial ass~ssment of civil penalties on ansible Person's ability to complete compliance by specified deadlines. ficer may issue an Administ~~tive ue to be assess~d until the Respon der, which imposes additional civ' le Person complies with the Hearin icer's decision and corrects the violation. F. requested by a party lo the heafing to ensure compiiance with the Administrative Order. G. The Adminis~ra~ive Order shall become final on the date of service of the Order. ti. The Administrative Order shall be served on all parties by any one of the methods listed in this Chapter. Section 1.10.515 Judicial review, The Hearing Officer may schedule subse~uent review hearings as may be necessary or as rder becomes final as provide in this Chapter, the time in which ~o~gh~ shall be governed by alif~rnia Code of Civil Pro~~dur~ 1094.6 or as may be amended ~e7ea~e~~ ection 1 .I 0.520 Failure to comply with the administ~ative order misdemeanor. After the Hearing Officer issues an Administrative Order, the Director shall monitor the A. ~iolat~o~s and d~t~rmine com~l~ance. B. Upon the failure of the ~esponsible Person to comply with the terms and deadlines set forth in the Adminis~rative Order, the Director may use ail appropriate legal means to recover the civil penalties, administrative costs, and obtain compliance with the Administrative Order, inciud~n~ seek~ng an injunction, 6. Fai~~re to comply with an Adm~nistrative rder constitutes a misdemeanQr. ~CTI~N 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as may exist. S~CTION 3. y of Care. This ordinance is not intended to and shall not be construed or g nner, which imposes upon the City, or any officer or em~loyee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for dam~~es, except as otherwise imposed by law. everabi~i~y. If any provision of this ordinance or the application thereQf to any person or circ~mstances is held invalid, such invalidity shall not affect other p~ovision~ or applications of the ordinance which can be given effect without the invalid provision or application, To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidi~ of any ~a~i~~la~ portion thereof. SECTION 5. This ordinance or a summa~~hereof as may be permitted by lawshall be publish~d one time in the "Lodi News-Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi, and shall take effect 30 days from and after its passage and approval. Approved this 1 gfh day of April, 2006 Attest: City Clerk tale of California jerk of the City of Lodi, do hereby certify that Ordinance of the City Council of the City of Lodi held April 5, ordered lo print at a regular meeting of said Council following vole: eckman, ~a~gen, Johnson, Mounce, and Mayor Hitchcock I f~rther certify that ~rdinance No. 1777 was approved and signed by the Mayor on the date of its e and the same has been publishe~ p~r~uant to law. SUSAN J. BLACKST City Clerk "1 Approved as to Form: v Citv Atkornev