Chapter 18.200 - Enforcement

Sections:

18.200.010 - Purpose of Chapter
18.200.020 - Authority to Issue Citations
18.200.030 - Remedies are Cumulative
18.200.040 - Inspection
18.200.050 - Initial Enforcement Action
18.200.060 - Violations
18.200.070 - Legal Remedies
18.200.080 - Recovery of Costs

18.200.010 - Purpose of Chapter

The purpose of this Chapter is to provide for compliance with the requirements of this Development Code, other titles of the Municipal Code, and any conditions of an approved land use permit or entitlement.

18.200.020 - Authority to Issue Citations

A. Code Enforcement Director. The Town Code Enforcement Director shall be the person primarily responsible for enforcing the provisions of this Development Code and shall have the authority and immunity of a public officer and employee to issue citations whenever possessing reasonable cause to believe that the person to be cited has committed a violation of this Development Code, which constitutes an infraction or misdemeanor. The responsibilities of the Code Enforcement Director may also be carried out by the Code Enforcement Officer or the Department staff under the supervision of the Code Enforcement Director who shall also have the authority and immunity of a public officer and employee to issue citations whenever processing reasonable cause to believe that the person to be cited has committed a violation of this Development Code, which constitutes an infraction or misdemeanor.

B. Consultation with Police Chief. It may be necessary for the Code Enforcement Director to work with the Police Chief when enforcing the provisions of this Development Code, when the specific situation warrants uniformed police involvement.

18.200.030 - Remedies are Cumulative

All remedies contained in this Development Code for the handling of violations or enforcement of the provisions of this Development Code shall be cumulative and not exclusive of any other applicable provisions of Town, County, State, or Federal law. If a person is found guilty and convicted of an infraction or misdemeanor for the violation of any provision of this Development Code, the conviction shall not prevent the Town from pursuing other available remedy(s) to correct the violation.

18.200.040 - Inspection

A. Access for initial inspection. Every applicant seeking an application, permit, or any other action in compliance with this Development Code shall allow Town officials access to any premises or property which is the subject of the application.

B. Access for ongoing inspections. If the permit or other action is approved, the owner or applicant shall allow appropriate Town officials access to the premises to determine continued compliance with the approved permit and/or any conditions of approval.

C. Failure to allow inspections. Failure to allow inspections for compliance shall automatically cause all permits and approvals to be suspended, pending a hearing before the Code Enforcement Director to void the permits and approvals.

D. Compliance. In addition, the Code Enforcement Director may withhold the processing of and/or issuance of any and all discretionary land use permits, where a documented Code violation(s) exists, until the subject property is found to be in complete compliance with any and all applicable Code sections.

18.200.050 - Initial Enforcement Action

This Section describes the procedures for initiating enforcement action in cases where the Code Enforcement Director has determined that real property within the Town is being used, maintained, or allowed to exist in violation of the provisions of this Development Code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Section may be avoided.

A. The authority to abate and impose sanctions.

1. Enforcement of this Section may be accomplished by the Code Enforcement Director in any manner authorized by law.

2. The procedures identified in this Chapter shall not be exclusive and shall not, in any manner, limit or restrict the Town from enforcing other ordinances or abating public nuisances in any other manner provided by law.

3. Whenever the Code Enforcement Director determines that any condition exists in violation of this Development Code, the Code Enforcement Director may take appropriate enforcement action in compliance with this Chapter.

4. Notwithstanding the public nuisance abatement procedures, criminal and/or civil remedies may be employed as determined to be necessary and provided by law.

B. Notice to responsible parties. Whenever the Code Enforcement Director has inspected the location of the alleged violation and it has been found or determined that conditions constituting a Code violation exist on any property located in the Town, the Code Enforcement Director may prepare a notice and order and cause the owner of the property and the person, if other than the landowner occupying or otherwise in charge or control of the property, to be notified in writing of the existence of the condition and/or require an appearance before the Code Enforcement Director at a stated time and place to show why the condition should not be abated by the Town at the person's expense. The notice and order to abate the determined public nuisance or other Code violation shall contain the following information:

1. The street address and Assessor’s Parcel Number for identification of the property on which the condition exists;

2. A statement that the Code Enforcement Director has determined that a public nuisance/ Code violation is being maintained on the property with a brief description of the conditions which render the property a public nuisance, or which constitute a Code violation;

3. An order to secure all appropriate permits and to physically commence, within a certain time from the date of service of the notice and order, and to complete within that reasonable and established time and date, the abatement of the described conditions;

4. A statement advising that the disposal of any material associated with any Code violation shall be conducted in a legal manner;

5. A statement advising that if the required work is not commenced within the time specified, the Code Enforcement Director may proceed to cause the work to be done, and may bill the persons named in the notice for the abatement costs and/or assess the costs against the property;

6. A statement that the Town may charge the property owner for all administrative costs associated with the abatement of the violation(s) in compliance with Section 18.200.080 (Recovery of Costs), and/or initiate legal action as described in Section 18.200.070 (Legal Remedies), below;

7. A statement advising that any person having any interest or record title in the property may request an administrative hearing of the notice and order or any action of the enforcement within 10 days from the date of service of the notice and order;

8. A statement advising that the notice and order may be recorded against the property in the Office of the County Recorder;

9. A statement that the property owner may request and be provided a meeting with the Code Enforcement Director to discuss possible methods and time limits for the correction of the violations;

10. A statement that the Code Enforcement Director's determination is appealable to the Town Council in compliance with this Chapter; and

11. Informal notice may precede the formal notice described above. Often, the Code violation can be resolved as a result of this informal notice, which saves time, money, and resources for all persons involved.

C. Manner of notice.

1. If a notice and order is prepared, the notice and order, and any amended notice and order, shall be mailed by first class mail, postage prepaid, at the address of the violation as it appears on the latest equalized assessment roll of the County, or as known to the Code Enforcement Director. The address of owners shown on the assessment roll shall be conclusively deemed to be the property address for the purpose of mailing the notice.

2. The failure of the Code Enforcement Director to make or attempt service on any person required in this Section to be served shall not invalidate any proceedings in compliance with this Chapter, as to any other person(s) duly served. Service by mail, in compliance with this Chapter, shall be effective on the date said mail is received or refused by the addressee as evidenced by the mail carrier’s certified return receipt. The failure of any person entitled to receive notice shall not affect the validity of any proceedings taken under this Section. Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which service was made.

3. At the time the notice and order is served or any time thereafter, the Code Enforcement Director may file in the Office of the County Recorder a certificate legally describing the property and certifying that a Code violation exists on the property and that the owner has been so notified. The Enforcement Director may then file a new certificate with the County Recorder, which indicates that the nuisance has been abated, whenever the following actions occur:

a. Corrections ordered have been completed so that a code violation or public nuisance no longer exists on the subject property as described in the original certificate;

b. The notice and order is rescinded upon appeal; or

c. Whenever the Town abates the nuisance and the abatement costs have been paid.

D. Hearing.

1. The Code Enforcement Director may set a date, time, and place to hear any relevant evidence concerning the existence of the alleged code violation or public nuisance and the question of whether the expense of abating the code violation or public nuisance, if determined to exist, should be made a lien on the property.

2. In the event any person given notice of hearing, as shown by the evidence of mailing, should fail to appear at the hearing, then the evidence available to the Code Enforcement Director shall be sufficient evidence of the existence of facts in support of the conclusion.

3. If, at the conclusion of the hearing, the Code Enforcement Director is satisfied that the condition exists and concludes that it should be abated at the expense of the landowner, the Code Enforcement Director shall advise the landowner in writing in the same manner as provided in Subsection C, above.

4. The notice shall inform the landowner of the right of appeal as provided in Subsection F, below.

E. Request for reconsideration. Any person aggrieved by the action of the Code Enforcement Director in issuing a notice and order in compliance with this Section may appeal in compliance with Subsection F, below. If no appeal is filed within the time prescribed, the action of the Code Enforcement Director shall be final.

F. Appeals. Appeals shall be made in compliance with the following provisions:

1. Any person entitled who is dissatisfied with a public nuisance or code violation determination of the Code Enforcement Director shall have the right to appeal to the Town Council within 10 days from the date of mailing of the decision of the Code Enforcement Director. The written appeal shall be filed with the Department, together with a filing fee in compliance with the Council’s Fee Resolution.

2. The notice of appeal shall specify the following:

a. The Assessor’s Parcel Number and street address of the property;

b. The determination being appealed;

c. The owner's or appealing party's legal interest in the property;

d. A statement of disputed and undisputed facts;

e. A statement specifying that portion of the decision or hearing proceedings that are being appealed together with any evidentiary and supporting materials that would support the appeal; and

f. A signed verification of the truth of all stated matters.

3. Appeals shall be processed in the following manner:

a. Upon the timely filing of a notice of appeal in the proper form, the Code Enforcement Director shall schedule the appeal hearing to be held not less than 30 days after the appeal is received;

b. The Code Enforcement Director shall provide written notice of the appeal, including the time, place, and date of the hearing on the appeal, to the appellant and any other person to whom notice of the Code Enforcement Director's order was sent, in compliance with this Chapter. The notice shall be sent in the same manner as the Code Enforcement Director's notice and order;

c. The Council may limit the issues on appeal to those identified in the appellant's notice of appeal, may consider the record produced before the Code Enforcement Director, and may allow additional evidence to be produced;

d. At the close of the hearing on an appeal, the Council may reverse or modify the decision of the Code Enforcement Director and/or remand the matter to the Code Enforcement Director for further proceedings, in compliance with directions of the Council. If the Council does not take any action reversing, modifying, and/or remanding of the decision of the Code Enforcement Director within 45 days after the filing of the appeal, the Code Enforcement Director’s action on the matter shall be final and conclusive; and

e. Notice of the Council’s determination shall be in substantially the same form as that sent by the Code Enforcement Director and shall be sent to all persons to whom notice of the Code Enforcement Director's order was sent as well as to all persons requesting the notice, in writing, at the time the appeal is heard.

G. General penalty and continuing violations. Any person who:

1. Violates or fails to comply with any provision or mandatory requirement of this Section, may be found guilty of a misdemeanor unless charged as an infraction by the Code Enforcement Director, Town Attorney, or District Attorney.

2. Is found guilty of a misdemeanor or infraction, may be found guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Development Code is committed, continued, or allowed by the person and shall be punished accordingly;

3. Removes any notice or order posted as required in this Section, for the purpose of interfering with the enforcement of the provisions of this Section, may be found guilty of a misdemeanor unless charged as an infraction by the Code Enforcement Director; and

4. Obstructs, impedes, or interferes with any representative of a Town department or with any person who owns or holds an estate or interest in a structure which has been ordered to be demolished, rehabilitated, repaired, or vacated, or with any person to whom any structure has been lawfully sold, in compliance with this Chapter, when any of the aforementioned individuals are lawfully engaged in proceedings involving the abatement of a nuisance, may be found guilty of a misdemeanor unless charged as an infraction by the Code Enforcement Director.

H. Use of other enforcement procedures. The enforcement procedures of Section 18.200.070 (Legal Remedies), below may be employed by the Code Enforcement Director after or instead of the provisions of this Section where the Code Enforcement Director determines that this Section would be ineffective in securing the correction of the violation within a reasonable time.

18.200.060 - Violations

A. Unlawful violation. Any use or structure which is altered, enlarged, erected, established, maintained, moved, or operated, contrary to the provisions of this Development Code or any applicable condition of approval, is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties specified in the Municipal Code, including this Chapter.

B. Infraction or misdemeanor.

1. Any person, partnership, firm or corporation, whether as principal, agent, employee or otherwise, violating or failing to comply with any provision(s) of this Development Code or any condition imposed on any land use permit, entitlement, map, or license, shall be guilty of an infraction on each separate day the violation or failure to comply exists, except as otherwise specified herein.

2. However, any person responsible for these violations who has previously been convicted two or more times during any one year period for any other violation(s) of this Development Code may be guilty of a misdemeanor.

3. Any construction in violation of this Development Code or any condition(s) imposed on a land use permit shall be subject to the issuance of a "Stop Work Order."

4. Any violation of a Stop Work Order may constitute a misdemeanor.

5. Any violation that may be prosecuted as a misdemeanor may instead be prosecuted as an infraction, at the discretion of the Code Enforcement Director, Town Attorney, or District Attorney.

18.200.070 - Legal Remedies

The Town may choose to undertake any of the following legal actions to correct and/or abate nuisances or violations of this Development Code.

A. Civil actions:

1. At the request of the Council, upon recommendation of the Code Enforcement Director, the Town Attorney may apply to a court of competent jurisdiction for injunctive relief to terminate a violation of this Development Code.

2. Where any person, firm, or corporation fails to abate a violation after being provided a Notice of Violation in compliance with Section 18.200.050.B. (Notice to responsible parties), above and the opportunity to correct or end the violation, the Council, upon recommendation of the Code Enforcement Director, may request the Town Attorney to apply to a court of competent jurisdiction for an order authorizing the Town to undertake actions necessary to abate the violation and requiring the violator to pay for the cost of the actions.

B. Civil remedies and penalties:

1. Any person who willfully violates the provisions of this Development Code, or any permit issued in compliance with this Development Code, may be liable for a civil penalty not to exceed $5,000.00 for each day that the violation continues to exist.

2. Any person violating any provisions of this Development Code, or permits issued in compliance with this Development Code, may be liable to the Town for the costs incurred and the damages suffered by the Town, its agents, and agencies as a direct result of the violations.

3. In determining the amount of the civil penalty to impose, the Court should consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation, the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by defendant.

C. Criminal actions and penalties.

1. A person violating any provisions of this Development Code, or any permit issued in compliance with this Development Code, may be guilty of an infraction, unless such violation is specifically designated as constituting a misdemeanor.

2. Any conviction of an infraction under the provisions of this Development Code shall be punishable for a first conviction of a fine of not more than One Hundred Dollars ($100), for a second conviction within a period of one year by a fine of not more than Two Hundred Dollars ($200), and for a third or any subsequent conviction within a period of one year by a fine of not more than Five Hundred Dollars ($500).

3. Any conviction of a misdemeanor under provisions of this Development Code shall be punishable by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment in the County jail for a period of not exceeding six (6) months, or by both such fine and imprisonment.

D. Abatement of Code violations/nuisances.

1. If the violation(s) is not completely abated by the owner as directed within the abatement period, the Town may immediately cause the violation(s) to be abated by Town personnel or private contract and the personnel or persons under contract are expressly authorized to enter upon the subject premises for these purposes.

2. The owner of the premises shall be liable to the Town for all costs of abatement, including all administrative and inspection costs.

E. Proceedings for abatement of imminently dangerous public nuisances. Whenever the Code Enforcement Officer determines that a public nuisance (or any other Code violation) is so imminently dangerous to life or adjacent property that the condition shall be immediately corrected, or isolated, the following procedures shall be instituted:

1. Before abatement of an imminently dangerous public nuisance, written notice shall be provided to the property owner by first class mail and by posting at the subject property. At least 72 hours notice shall be provided unless a specific finding is made of an emergency requiring immediate abatement or other action.

2. The Code Enforcement Director shall attempt to make contact through a personal interview, or by telephone with the landowner or the person, if any, occupying or otherwise in real or apparent charge and control of the subject property. In the event contact is made, the Code Enforcement Director shall notify the person(s) of the danger involved and require that the condition be immediately removed, repaired, or isolated to preclude harm to any person or property;

3. In the event the Code Enforcement Director is unable to make contact, or if the appropriate persons, after notification by the Code Enforcement Director, do not take action as specified by the Code Enforcement Director, within the time frame requested, the Code Enforcement Director may, with the approval of the Town Manager, take all steps deemed necessary to remove or isolate the dangerous condition(s), with the use of Town forces or a contractor retained in compliance with the provisions of the Municipal Code; and Code Enforcement Director

4. The Code Enforcement Director shall keep an itemized account of the costs incurred by the Town in removing or isolating the condition(s). These costs may be recovered in the same manner that other abatement costs are recovered, in compliance with this Chapter.

18.200.080 - Recovery of Costs

This Section establishes procedures for the recovery of administrative costs (e.g., staff, legal, etc.), including staff time expended in the enforcement of the provisions of this Development Code. The intent of this Section is to recover Town administrative and legal costs reasonably related to the required enforcement action(s).

A. Notice. Upon investigation and a determination that a violation of any provision(s) of this Development Code is found to exist, the Code Enforcement Director shall notify the record owner or any person having possession or control of the property by certified mail, of the existence of the violation, the Code Enforcement Director's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on any objections they may have. The notice shall be in a form approved by the Town Attorney.

B. Cost assessment. The Code Enforcement Director shall maintain records of all administrative costs, incurred by responsible Town departments, associated with the processing of violations, and enforcement of this Development Code, and shall recover the costs from the property owner in compliance with this Section. Staff time shall be calculated at an hourly rate established and revised from time to time by the Council.

C. Summary of costs and notice.

1. At the conclusion of the case, the Code Enforcement Director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified mail, in compliance with Subsection A., above.

2. The summary shall include a notice in a form approved by the Town Attorney, advising the responsible party of their right to request a hearing on the charges for Town cost recovery within 10 days of the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.

3. In the event that a request for hearing is not timely filed or, after a hearing during which the Code Enforcement Director affirms the validity of the costs, the property owner and/or person in control shall be liable to the Town in the amount stated in the summary or any lesser amount determined by the Code Enforcement Director.

4. These costs shall be recoverable in a civil action in the name of the Town, in any court of competent jurisdiction within the County.

D. Request for hearing on costs. Any property owner, and/or other person having possession or control of the subject property, who receives a summary of costs shall have the right to a hearing before the Code Enforcement Director on their objections to the proposed costs.

1. A request for hearing shall be filed with the Code Enforcement Director within 10 days of the service by certified mail, of the Director's summary of costs, on a form provided by the Code Enforcement Director.

2. Within 30 days of the filing of the request, and on 10 days written notice to the owner, the Code Enforcement Director shall hold a hearing on the owner's objections and determine their validity.

3. In determining the validity of the costs, the Code Enforcement Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include: whether the present owner created the violation(s); whether there is a present ability to correct the violation(s); whether the owner moved promptly to correct the violation(s); the degree of cooperation provided by the owner; and whether reasonable minds can differ as to whether a violation(s) exists.

4. The Code Enforcement Director's decision shall be appealable to the Council in compliance with Chapter 18.140 (Appeals).

E. Tax lien.

1. The Code Enforcement Director shall consider the cost summary at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or interested person may present a written or oral protest or objections to the cost summary.

2. The Code Enforcement Director may modify the cost summary if it is deemed necessary. The Code Enforcement Director shall mail a written copy of the modified cost summary to the owner of the property and the person, if other than the landowner occupying or otherwise in charge or control of the property.

3. In compliance with State law (Government Code Sections 25845 and 38773.5), the total costs of abatement, including all administrative costs, shall constitute a special assessment against the subject parcel. After the assessment is made and confirmed, it shall become a lien on the subject parcel in the following manner.

a. After confirmation of the cost summary, a certified copy shall be filed with the County Auditor on or before August 10th of each year and the Auditor shall be requested to enter the amounts of the respective assessments on the County tax roll.

b. The special assessment (in the amount of the total costs in the cost summary) shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary property taxes.

c. The Code Enforcement Director may order refunded all or part of an assessment paid in compliance with this Section, if the Code Enforcement Director finds that all or part of the assessment has been erroneously levied. An assessment or any part thereof shall not be refunded unless a claim is filed with the Town Clerk on or before December 1st after the assessment becomes due and payable. The claim shall be verified by the person who paid the assessment, or the responsible administrator, executor, or guardian.

F. Additional permit processing fees.

1. Any person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves any structure without first obtaining a permit required by this Development Code, shall pay the additional permit processing fees established by the Council's Fee Resolution for the correction of the violation(s), before being granted a permit for any use or structure on the site.

2. All administrative fees that have accrued against a particular parcel shall be paid before processing of any application (including a Building Permit) for that property.

3. Any property owner notified of a Code violation shall correct the violation before issuance, processing, approval, or completion, as appropriate, of any discretionary permit application.