HomeMy WebLinkAboutOrdinances - No. 1778OF THE CITY OF LODl AMENDING
’ IN ITS ~NTIR~TY~
, BUSINESS TAX
ND R~~NACTING
S 15.24.090 -
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Y THE CITY CQUN IL OF THE CITY OF LODl AS FOL~OWS:
iodi ~unicipal Code Chapter 2.34, administrative Procedures for Adminis~ra~ive
ceedings,” is hereby repealed in its entirety.
. iodi ~unicipal
reena~ted to read as follows:
ode Section 3.01.460, enforcement," is hereby repealed and
A. Buties of the Finance Director. It shall be the duty of the finance director to enforce each and
all of the provisions of this chapter. For purposes of such enforc~men~, the finance director
and finance technicians (or equivalent position as it may be renamed from time to time) are
“officers” who may issue citations to violators of this chapter pursuant to Chapter 1 .I0 of this
code.
. lnspec~ions. The finance direc~or, in the exercise of the duties imposed by the provisions of
this section, and acting through deputies of duly authorized assistants, shall have the right to
enter and examine all places of business free of charge during normal business hours to
ascertain whether the provisions of this chapter are being complied with.
C. Penalty for Violation. Any person who shall violate any of the provisions of this chapter shall
be subject to enforcement and penalty provisions set forth in Chapter 1.10 of this code.
.
, is hereby repealed and reena~ted to read as follows:
Lodi ~unicipal Code Section 10.56.020 (J), (K), and &)-(I), “Removal from Private
y the owner of the vehicle or owner of the land, received by
the community development director within ten days after the mailing of the notices of
intention to abate and remove, a public hearing shall be held in accordance with the
provisions of Chapter 1 .I0 of this code on the question of abatement and removal of the
vehicle or parts thereof as an abandoned, wrecked, dismantled, or inoperative vehicle, and
the a~se§smei~t of the administra~ive costs and the cost of removal of the vehicle or parts
thereof against the property on which it is located.
If the owner of the land submits a sworn written statement denying responsibili~ for the
presence of the vehicle on hidher land within such ten-day period, said statement shall be
construed as a request for a hearing^ which does not require the owner's presence. Notice of
the hearing shall be mailed, by re istered mail, at least ten days before the hearing, to the
owner of the land and to the owne f the vehicle, unless the vehicle is in such condition that
identi~ication numbers are not available to determine ownership. If such a request for
hearing is not received within said ten days after mailing of the notice of intention to abate
and remove, the city shall have the authority to abate and remove the vehicle or parts
thereof as a public nuisaRce without holding a public hearing.
I(. Public ~earing by Admin~stra~ive Hearing Officer
1. All hearings under this chapter shall be held before the Administ~ative Hearing
Officer in accordance with Section .10 of this Code, who shall hear all facts and
testimony heishe deems pertinent. ch facts and testimony may include testimony
on the condition of the vehicle or p thereof and the circumstances concerning its
location on the private property or public prope~. The Administrative Hearing Officer
shall not be limited by the technical rules of evidence. The owner of the land may
appear in person at the hearing or present a sworn written statement in time for
consideration at the hearing, and deny responsibility for the presence of the vehicle
on the land, with reasons for such denial.
The Administrative Hearing icer may impose such conditions and take such other
action heishe deems appro te under the circumstances to carry out the purpose
of this chapter. The Adminis~rative Hearing Officer may delay the time for removal of
the vehicle or parts thereof if, in hidher opinion, the circumstances justify it. At the
conclusion of the public hearing, the Administrative Hearing Officer may find that a
vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative
OR private or public prope~y and order the same removed from the properly as a
public nuisance and disposed of as hereinafter provided and determine the
administrative costs and the cost of removal to be charged against the owner oft
land. The order requir~ng removal shall include a description of the vehicle or pa
thereof and the correct identification number and license number of the vehicle, if
available at the site.
If it is determined at the hearing that the vehicle was placed on the land without the
consent of the owner of the land and that the owner has not subsequently
acquiesced in its pre~ence, the Administrative Hearing Officer shall not assess the
costs of administration or removal of the vehicle against the properlyupon which the
vehicle is located or othe~ise attempt to collect such costs from such owner of the
land.
If the owner of the land submits a sworn written sta~ement denying responsibili~ for
the ~resence of the vehicle on hidher land but does not appear, or if an interested
party makes a written presentation to the Administrative Hearing Officer but does not
appear, the owner 01 interested party shall be notified in writing of the decision.
2.
3.
4.
L. Judicial Review
1 . Any inte~ested party may appeal the decision of the Administrative Hearing Officer in
accordance with the provisions of Chapter 1 .10 of this Code.
. Lodi ~unicipal Code ection 1 ~.04.060, "Violation-Misdemeanor," is hereby
C. Any person who shall violate any of the provisions of this chapter shall be subject to
enfo~~ement and penalty prov~sions set forth in Chap~er 1 .I0 of this code.
amended by addin ~ection (C) and shall read as follows:
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nicipal Code Chapter 15.24, ~~~ousing Code,” Sections 15.24.30 - 15.24.70 - ~5.24.~00 are hereby repealed and reenacted to read as follows:
ection 1 ~.24.a~O, ~‘Se~tion 401 ame~ded - Definitions”
fini~ions, of the Uniform Hotising Code, 1997 Edition, adopted by Section
ended as follows:
oard of Ap~eais” to read as follows:
refe~ence is made to the
d,” it shall mean the Admi
lding Officials” to read as follows:
ard of Appeals,” “Appeals Board,” or
rative Hearing Officer.
Whenever in this Code reference is made to the ~‘~tiilding ~fficiaf,” it shall mean the legaliy
designate^ Chief ~uilding Inspector or Communi~ Improvement Manager of the City of Lodi or his ati~ho~i~ed ~epresentative~
C. Change stibparagraph “Health fficers” to read:
Whenever in this Code reference is made to the “City Health Officer“ or “Health Officer,” it
shall mean the lega~lydesi nated Director of the San Joaquin County ~nvironmental Health
~ivision or his authori~ed representative.
. Add sub~aragraph “Fire ~arshal” to read as follows:
* Wheflever in this Code refereflee is made to the “City Fire Marshai” or ”Fire ~arsha1,”itshaIi
mean the Fire Ma~shal of the City of Lodi or his authorized re~resentative.
ection 1524.040, “ ections 1203 .I, 1201 2, and 1201.3 amended - Appeal to Administrative
~ections 1201 .I, 1201.2, and 1201.3 of the Uniform Housing Code, 1994 Edition, adopted by
Section 1524.01 0, art? amended to read as follows:
~ection 1201. ~~~eal to Adm~nistra~ive Hea~ing
Any person a~grieved by any order of the uilding Official hereunder to repair, vacate and
repair, or demolish any uildin~ or structure, or portion thereof, may appeal such order to the
Administrative ~earing fficer. The appeal, which shall be in writing and which shall state the
substanc~ of the order appealed from, shall be submi~ed to the A minis~rative ~earing Officer
within ten (la) days from the date of sonal service or mailing of the order which is being
peated~ The Adm~n~s~~ative ~e~rin~ icer shall set the matter for hearing. Notice of the date,
ur, and place of hearing shall be posted and served at least ten (1 0) days before the date set
for the he~rin~ in the manner and upon the persons specified in Sections 1101.3, 1101.4, and
11 01.5. The notice shall order all interested parties who desire to be heard to appeal and show
cause, if any they have, why the ~uilding or structure, or portion thereof, involved in the
proceedings shouid not be repaired, vacated and repaired, or demolished.
~ec~ion ~~.2~,~50, “Section 1205 added - dministrative Hearing Officer hearing”
of the Uniform Housing Code, 1994 Edition, adopted by Section 15.24.010, is
J
Administ~ative Hearing
shall hold a hearing an
r. At the time stated in the notice, the Administrative
and consider any evidence offered by the ~uilding
Official, owner, occupant or person in charge and in control, mo~gagee, or beneficia~ under
any deed of trust, lessee, or any other persons having any estate or interest in said building or
structure, pe~aini~ to the matters set forth in the Notice to Repair, Vacate and Repair or
on the conclusion of the h~aring, the ~dminist~ative Hearing Officershall render its
eetion 1206 added - rder of the Adm~ni~tr~tiv~ ~~arin~ Officer"
ection 1206 of the Uniform Housin~ Code, 1997 Edition, adopted by Section 15.24.01 0, is
added to read as follows:
der of the Administrative Hearing Officer. If, from a full and fair consideration of the evidence
d tes~imony received at the hearing, the Administrative Hearing Officer shall determine that
and a public nuisance, then it shall the building or struc re, or any portion thereof, is uns
ove~rule the appeal d issue an order certified by the
I, That the building or structure must be repaired, vacated and repaired, or demolished;
2. That the occupant, lessee, or other person in possession must vacate said building or
structure, or that he may remain in possession while repairs are being made;
3. That any mo agee, beneficia~ under a deed of trust, or any other persons having an
e in the said building or structure^ may, at his own risk, repair, vacate and
repair, or demo~ish it.
The order shall (i) set forth the information re~uired in Section 11 01.2; (ii) contain a statement of
the pa~~cula~~ that render the buiiding or s~~cture unsafe and a public nuisance; and (iii) contain
s~atement of the things required to be done. The order shall specify (i) the time within which
e work required must be commenced, which shall be not less than ten days after the issuance
of the order, and (ii) a ~easonable time within which the work shail be completed.
Section 1 5.24.070, "Section 1207 added - Serving and Posting of Order of Administrative Hearing
Officer"
tion 1207 of the Uniform Housing Code, 1997 Edition, adopted by Section f5.24.010, is
ed to read as follows:
rder of Administrative Hearing Officer. Copies of the order of the
cer shall be posted on the building or structure involved and served in
the manner and upon the persons specified in Section 1101.3, 1 f01.4, and 1101.5.
Section 15.24.090, ~~~ections 1501 .i and 1 501.2 amended - Sale, Repair, or Demolition"
ection~ 1501 .I and 150j.2 of the Uniform Housing Code, 1997 Edition, adopted by Section
15.24.010, are amended to read as follows:
Section I50-i. Sale, Repair or ~emoi~tion. Whenever an order to repair, vacate and repair, or
demolish any b ructure, or any portion thereof, has not been complied with within the
time set by the icial, or by the Administrative Hearing Officer, whether under appeal
or not, the Administrative Hearing ~fficer-s~atl have the power, in addition to any other remedy
herein pro~ided, to:
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1, Cause the material of any such building o: structure to be sold in any manner that the
Administrative Hearing fficer may determine upon; provided, however, that any such sale
shali be upon condition that the buiiding or structure be forthwith demolishe
and debris thereof removed and the lot cleaned. The Adm~nistra~ive Wearin
any such buiiding singly or othe~ise. Any surplus from the sale of any
structure, or group of buildings and structures, over and above the cost of demolition and of
cieaning the site shaii be retained to be distributed to the parties or persons la~ully entitled
thereto.
2. Cause the buiiding or s~ructure to be repaired or demolished. The cost thereof shall be
assessed aga~ns~ the property upon which the pa~icular building or structure is located or
the Repair and ~emolition Fund. The repair of any buiiding or structure, or sale of the
materials thereof, shail be by a contract awarded foilowing advertisement for bids, to the
lowest and best bidder in the case of repair or demolition work and to the highest and best
bidder in the case of the sale of material,
Arran~eMants, as prescribed by the Administrative Hearing Officer in this section, preparing
for the rep~ir, demolition, or sale of ma~erials, of or from anys~~ucture discussed in this Code
shall be the responsibilityof the ~uilding Official. However, no such arrangements norother
work to that end shali be initiated prior to specific instructions from the Administrative
Hearing Officer indicating such action.
15.24.1 00, “Violations - Penalty”
A. No person, whether as owner, lessee, sublesse~ or occupant, shall erect, construct, enlarge,
alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building
or premises, or cause or permit the same to be done, contrary to, or in violation of, any of the
p~ovisions of this housing code.
. Any person, firm or corporation vioiatin~ any provision of this code shall be deemed guilty of
a misdemeanor and, on conviction thereof, shall be punishable by a fine and/or
imprison men^ set f the govern in^ laws of the jurisdiction. Each separate day or any
portion thereof, du ch any violation of this code occurs or continues, shall be deemed
separate offense.
. Any person who shall violate any of the provisions of this chapter shall be subject to
enforcement and p~nalty provisions set forth in Chapter 1 .10 of this code.
. Lodi ~unioipal Code Chapter 15.2 uilding Code,” Sections 15.28.Q3Q,
i5.2~”~70, 15.2~.080, 1~.28.090, 1~.28.100, 15.28.120, and 15.28.140 are hereby repealed and
r~e~acted to read as follows:
Section 15.28.030, “Section 303 added - oard of Appeals”
ard of A~peals, is added to e Uniform Code for the ~batement of
‘ngs, 1997 Edition, adopted by ection 15.28”510, as follows:
W~en~ver in this Code reference is made to the ” oard of Appeals,” it shall mean the
Administrative ~earing Officer of the City of Lodi.
Section 15.28.070, “Section 501 .I, 501.2, and 501.3 added - Appeal to Administrative Hearing
Officer“
Section 501 .I, 501.2, and 501.3 of the Uniform Code for the Abatement of Rangerous
s, 2994 Edition, adopte~ by Section 15.28.010, is added to read as follows:
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peal to Adminis~rative Hearing Officer
rieved by any order of the ~uilding Official hereunder to repair, vacate and
or structure, or portion thereof, may appeal such order to the
The appeal which shall be in writing and which shall state the
order appealed from, shall be submitted to the Administrative Hearing
0) days from the date of personal service or mailing of the order which is
e Administrative Hearing Officer shall set the matter for hearing. Notice of
place of the hearing shall be posted and served at least ten (10) days
before the date set far the hearing in the manner and upon the person specified in Section
401.3,401.4, and 401.5. The notice shall order all interested parties who desire to be heard
to appear and show cause, if any they have, why the building or structure, or portion thereof,
involved in the proceedings should not be repaired, vacated and repaired, or demolished,
ction 505 amended - Hearing efore A~ministrative Hearing Officer"
he Unifo~ Code for the Abatement of ~ange~ous 5uildings, 1997 Edition,
ion 15.28.010, is amended to read as follows:
Administrative ~earing Officer. At the time stated in the notice, the
eating Officer shall hold a hearing and hear and consider any evidence
ilding Officia!, owner, occupant or person in charge and control, mortgagee,
or beneficia~ under any deed of trust, lessee, or any other person having any estate or
interest in said building or st?uctur~, pe~aining to the matters set forth in the Notice to
epair, Vacate and Repair, or ~emolish. Upon the conclusion of the hearing, the
dministrative ~earing Officer shall render its decision.
Sec~ion 15.28.090, "Section 506 amended - rder of Administrative Hearing Office?
f the Uniform Code for the Abatement of Dangef~us Buildings, 3997 Edition,
ction 15.28.01 0, is amended to read as follows:
Order of Administrative hear in^
and te~timony received at the h
uII and fair considefati~n of the evidence
istrative Hearing Officer shall determine
or s~ructufe, or any portion thereof, is unsafe and a public nuisance, then it
e appeal and issue an order certif~ed by the City Clerk;
1. That the build in^ or structure must be repaired, vacated and repaired, or demolished;
2. That the occupan~, lessee, or other person in possession must vacate said building or
structure, or that he may remain in possession while repairs are being made;
3. That any mortgagee, beneficia~ under a deed of trust, or any other person having an
interest or estate in said building or structure may, at his own risk, repair, vacate and repair,
or demolish it.
hall (i) set forth th ~c~ion 4012 It m 1; (ii) contain
tate em en^ of the pa~iculars that render the buil ture unsafe and a public nuisance;
and (iii) contain a statement of the things requir . The order shall specify (i) the time
within which the work required must be commenced, which shall be not less than ten days after
the issuanc~ of the order, and (ii) a reasonab!e time within which the work shall be completed.
lion i 5.28.1 00, '' ection 507 amended - erving and Posting of Order of Administrative Hearing
6
m Code for the Abatement of Dangerous uildings, 1997 Edition,
,010, is amended to read as follows:
Serving and Posting of Order of Administrative Hearing Officer. Copies of the order of the
Administr~tive Hearing fficer shall be posted on the building or structure involved and served in
the manner and upon the pe?sons specified in Section 401.3, 401.4, and 401.5.
Section 15.28.120, “Section 80.1 amended - ale, Repair, or Remoiition”
of the Uniform Code for the Abatement of Dangerous ~uildings, 1997 Edition,
ection 15.28.010, is amended to read as follows:
01 .I. Sale, Repair, or Demolition. Whenever an order to repair, vacate and repair, or
any building or structufe, or any portion thereof, has not been complied with within the
he Administrative Hearing Officer, whether under appeal
er shall have the power, in addition to any other remedy or not, the Administ~ative
herein provided, to:
1. Cause the material of any such building or structure to be sold in any manner that the
Admini~trative ~earing Officer may determine upon; provided, however, that any such sale
shall be upon condition that the building or structure be forthwith demolished, the wreckage
and debris thereof removed and the lot cleaned. The Administrative Hearing Officer may sell
any such building si
structure, or group o
cleaning the site shall be retained to be distributed to the parties or persons la~ull~enti~led
or othe~ise. Any surplus from the sale of any such
dings and stru~tures, over and above the cost of demo1
thereto.
2. Cause the building or structure to be repaired or demolished. The cost thereof shall be
assessed against the property upon which the particular building or structure is located or
the Repair and Demolition Fund. The repair or demolition of any building or stru~ture, or sale
of the materials thereof, shall be by a contract awarded following advertisement for bids, to
the lowest and best bidder in the case of repair or demolition work and to the highe~t and
best bidder in the case of the sale of material.
Arran~emen~s, as prescribed by the Administrative Hearing Officer in this Section, re paring
for the repair, demolition^ or sale of materials, of or from any structure discussed in this Code
shall be the responsib~lity of the ~uilding Official. However, no such arrangements or other
work to that end shall be initi~ted prior to specific instructions from the Adminis~rative
Section 75.28.140, “Violation - Penalty”
A. No person, whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge,
alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building
or premises, or cause or permit the same to be done, contrary to or in violation of any of the
provisions of this chapter.
. Any person, firm, or corporation violating any provision of this code shall be deemed guilty of
a mi~d~me~nor, and upon conviction thereof, shall be punishable by a fine andlor
imprisonment set forth by the governing laws of the jurisdiction. Each separate day or any
portion thereof, during which anyvio~ation of this code occurs orcontinues, shall be deemed
to constituta a separate offense.
C. Any person who shall violate any of the provisions of this chapter shall be subject to
enforc~ment and penalty provisions set forth in Chapter 1.10 of this code.
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de Chapter 15.30, ”Properly Maintenance and ~esignation of
ions 1~.~.040 - 15.30.220 are hereby repealed and Sections
ecticn 15.~0~040, ~‘Deciaration of Public Nuisance”
found to be main~ainad in violation of the foregoing section is declared to be a
public nuisance nd shall be subject to the a ministrative procedures set forth in Chapter
1 .lo. The procedures for a~atement set forth therein shall not be ~xclusive, and shall not, in
any manner limit or restrict the city from enforcing other city ordinances or abat~n~ pubiic
nuisances in any other manner.
ection 1 5.3~.05~, “Al~e~na~iv~ Actions Available”
o~hing in this chapter shall be deemed to prevent the city council from ordering the
ement of a civil proceeding to abate the nuisance pursuant to applicable law or
the city from pursuing any other remedy available under appljcable law.
t ti on 1 5,3O.O~0~ “Violation - Penalty”
Any person who shall violate any of the provisions of this chapter shall be subject to
enforcement and penalty provisions set forth in Chapter 1.10 of this code.
unicipal Code Chapter 15.31, “Weed and Refuse Abatement,” is hereby
ections 15.31 .I 50 - 15.31 .I 70 and shall read as follows:
31 ,150, declaration of Public Nuisance”
Any prope~y found lo be maintained in violation of the foregoing section is declared to be a
public nuisance and shali be subject to the administrative procedures set forth in Chapter
1 .I 0. The procedure^ for abatement set forth therein shall not be exciusive, and shall not, in
any manner limit or restrict the city from enforcing other city ordinances or abating public
nuisances in any other manner.
Section 15.31 .I SO, ‘~Aiternative Actions Av~ilable”
no thin^ in this chapter shall be deemed to prevent the city council from ordering the
commencement of a civil proce~ding to abate the nuisance pursuant to applicable law or
the city from pursuing any other remedy available under applicable law.
~ec~ion 15.31.170, ~‘Viol~tion - ~enaity”
Any person who shall violate any of the provisions of this chapter shall be subject to
enforcement and penalty provisions set forth in Chapter 1.10 of this code.
. This or~~nan~~ is nat int~nded to and shall not be
h imposes upon the City, or any officer or employee
thereof, a mandato~ duty of care towards persons or property within the City or outside of the City
so as to provide a basis of civil iiabili~ for damages, except as otherwise imposed by law.
. All o~dinances and parts of ordinances in conflict herewith are repealed insofar as such
conflict may exist.
This ordinance shall be ~ublished one time in the "Lodi News Sentinel," a daily
eneral circulation printed and p~bli~hed in the City of Lodi, and shall be in force and
take effect 30 days from and aRer its passage and approval.
~pproved this1 9th day Qf April, 2006.
tate of Cal~fcrn~a
lerk of the City of Lodi, do hereby certify that Ordinance No. 1778 was
introduced at a regul~r meeting of the City Council of the City of Lodi held April 5, 2006,
thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
2006, by the follow^^^ vote:
S: CO~NCIL M~~ ERS - Beckman, Hansen, Johnson, Mounce, and
Mayor Hitchcock
M~E~S - None
COUNCIL ~~~
I
P
inance No. I978 was approved and signed by the Mayor of the date of its
has been p~blished purs~ant to law.
SUSAN J. BLA
City Clerk
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