HomeMy WebLinkAboutAGENDA REPORT 2004 0204 CC REG ITEM 09IITEM q • _ -
127 VA
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Directo
DATE: January 22, 2004 (CC Meeting of 02/04/04)
SUBJECT: Consider Adoption of a Resolution Establishing
Improvements in the City's Code Enforcement Work
Program
BACKGROUND /DISCUSSION
Over the last ten years the City has implemented various
improvements to its Code Enforcement Work Program, but has not
undertaken a comprehensive review of all aspects of Code
Enforcement. Code Enforcement in Moorpark is more appropriately
Code Compliance and the Work Program should be revised to
reflect the City's desire for voluntary compliance with the
Municipal Code through a better awareness of the Municipal Code.
Therefore, "Code Enforcement" would become "Code Compliance" and
the "Code Enforcement Officer" would become the "Code Compliance
Officer." Additionally, the current uniform used by the Officer
would be supplemented by a new uniform consisting of a short
sleeve polo shirt with the City's logo and "Code Compliance"
stitched on the shirt. This would be worn with black or dark
blue chino type slacks. The current uniform would still be
utilized on occasion when determined by the Director to be
appropriate. This would be in situations when the Officer works
evenings, weekends, or is asked to accompany the Sheriff on an
investigation where a uniformed presence is warranted.
In the last six months staff has prepared and refined a Work
Program for Code Compliance that clearly and concisely defines
the processes of Administration, Public Awareness, and
Prosecution involved in achieving compliance with the Moorpark
Municipal Code. The proposed Work Program provides more
structure, consistency in dealing with complaints, and more
brochures. The Work Program may initially increase costs
000088
Honorable City Council
February 4, 2004
Page 2
slightly, but should prove to be more cost effective ultimately.
The attached Code Compliance Work Program details the objective
and purpose of code compliance; as well as, the aspects and
details of its administration; public awareness; and, if
required, prosecution. Included in the Work Program are our
investigation form and sample letters which are used in the
process of code compliance.
The basis of the Work Program is voluntary compliance through
public awareness. This process requires an initial
investigation and if a violation is found and compliance is not
achieved at that point, a follow up letter requesting compliance
within a specified time frame. If compliance is not achieved at
that juncture, an office hearing would be held to urge
compliance so that citation /prosecution can be avoided. Future
programs are also included in the Work Program. Implementation
of these future programs would only occur after Council
consideration and direction. Implementation of this Work
Program would not require any additional funds or staffing and
would be implemented immediately upon adoption. In addition,
staff tends to implement a feedback program where five active
and recently closed code cases will be randomly selected for a
quality control evaluation.
At this point in time, staff is only requesting that the City
Council concur with the Code Compliance Work Program through its
adoption of the attached resolution. It is staff's intent, once
adopted by the City Council, to make the Code Compliance Work
Program available at the City Hall public counter, as well as,
the Building /Engineering public counter, and available the
City's government channel and on the city's website.
STAFF RECOMMNDATION
1. Adopt the attached resolution establishing improvements in
the Code Compliance Work Program;
2. Direct staff to schedule amendment of the Classification
Plan and Salary Plan resolution and the Municipal Code to
change references from "Code Enforcement" to "Code
Compliance" and also amend the resolution authorizing the
Code Enforcement Officer to act as a "Public Officer."
Attachment: Resolution No. 2004-
S: \Community Development \CODE ENF \Work Program \cc agenda report.doc 000089
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, ESTABLISHING
IMPROVEMENTS IN THE CODE COMPLIANCE WORK
PROGRAM
WHEREAS, the City Council is desirous of achieving
voluntary compliance with the Moorpark Municipal Code; and
WHEREAS, compliance with the Moorpark Municipal Code will
promote the public health, safety, welfare and aesthetics of the
city of Moorpark and have a positive affect upon property
values.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Moorpark does
hereby adopt the Code Compliance Work Program as shown in
Exhibit A attached.
SECTION 2. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be
filed in the book of original resolutions.
PASSED AND ADOPTED this 4th day of February, 2004.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachments: Exhibit A
S: \Community Development \CODE ENF \Work Program \cc resolution.doc 000090
CODE COMPLIANCE PROGRAM
Program Objective: The objective of this Code Compliance Program is to
create a clear, concise guide to achieve compliance with the Moorpark Municipal
Code. This Program is designed to prevent code violation through public
awareness and seek compliance through expeditious enforcement efforts when
public information efforts are insufficient.
Program Purpose: The Moorpark Municipal Code sets minimum property
maintenance standards for health, safety, welfare, aesthetics and compliance
with development standards and conditions of entitlement approvals. The Code
Compliance Officer will be assigned a structured schedule for visits to the City's
industrial, commercial and residential neighborhoods to insure compliance with
the Municipal Code in such areas as:
• Unkempt yards and overgrown vegetation
• Junk, litter, and debris /illegal dumping
• Storage of inoperable vehicles
• Unpermitted outdoor storage
• Abandoned or unsafe buildings
• General property maintenance issues (broken windows, deteriorated
roofs, hazardous properties, broken plaster, peeling paint)
• Excessive noise
• Illegal signs and banners
• Keeping of animals /farm animals in excess of allowed numbers
• Garage conversions
• Structures constructed without a City permit
• Grading without a City permit
• Adherence to entitlement permit conditions, if applicable
The Community Development Director is responsible for the Code Compliance
Program. The Director may designate other staff for supervision and
implementation of the Program.
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Code Compliance Program
Page 2 of 5
The Work Program
This work program is divided into three major categories:
• Administration
• Public Awareness
• Prosecution
Please note that the attachments to this Work Program are shown as
representative examples and may be adjusted by staff to increase clarity and
efficiencies. The Director may issue additional procedures and guidelines to
implement and clarify as determined necessary.
Administration: The Community Development Director is responsible for and
administers the Code Compliance Program. In that regard a Code Compliance
Officer and assigned supervisor are the direct line staff responsible for the
implementation of the Code Compliance Program. Standard forms, letters and
documents are used to assure consistency in administration. These forms,
letters and documents are based upon four types, 1) Investigation Report, 2)
Compliance Request Letters, 3) Citations and 4) City Attorney Letter.
Investigation Report: The Investigation Report (Attachment 1) is used to
document the report of code compliance request and to document ongoing staff
actions. A request may be made by telephone; electronic mail; traditional mail; in
person or through a field contact; or by city staff, Council or an appointed
Committee or Commission member. The reporting party is confidential
information unless the investigation leads to the filing of a court case. In that
instance, the reporting party becomes part of the public record. Upon receipt of a
code compliance request, an Investigation Report is prepared. The purpose of
the Investigation Report is to document potential violation. Once the request
has been made it is logged in and the Officer schedules a field visit to ascertain if
a violation exists. If the Officer determines that a violation does not exist, the
complainant may be informed by telephone or by traditional mail. If a code
violation is determined, a Code Compliance Case Number will be assigned, a file
created, and a Notice of Violation sent to the property owner or responsible party.
Contact with the property owner or tenant may be made at the time of the field
investigation if the Director or supervisor has determined it to be necessary and
appropriate. The complainant may also be informed. All information will be
entered into the Code Compliance Log utilizing City approved software.
Compliance Request Letters: There are a series of form letters (Attachments 2
a, b, c, d, and e) which are used to inform property owners regarding Municipal
Code violation(s) and the progressive course of action to obtain voluntary
compliance. The Notice of Violation (see Attachment 2a) is initially sent to
indicate that a violation has been verified by the City and voluntary compliance is
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Code Compliance Program
Page 3 of 5
requested by a specific date, generally within a thirty (30) calendar day time
period, depending upon the extent of the violation. A second Notice of Violation
may be sent, depending on the circumstances and the extent of the violations. If
compliance is achieved within the given period, or within an alternative time
period mutually agreed to after the first contact, a Notice of Compliance (see
Attachment 2b) is sent and the case is closed. If voluntary compliance is not
achieved, a Notice of Office Hearing (see Attachment 2c) is sent setting a date
for an Office Hearing, and reminding the responsible party that voluntary
compliance is desired. The Office Hearing purpose is to work out a plan of action
directly with the property owner in order to obtain compliance and to recover City
costs, where possible. A Follow -up letter (see Attachment 2d) is sent after the
Office Hearing, documenting the agreed to plan of action. If compliance is still
not obtained, a citation is issued, or permission to recommend filing of legal
action is requested from the City Council (See "Prosecution" below). If City
Council authorizes legal action, Notice of Pending Court Action (see Attachment
2e) is sent to the property owner, certified mail, return receipt requested.
Citations: The Citation process can effectively be used in cases of repeat
offenders, egregious violations, or non - static violations, such as vendors and
peddlers. When authorized by the Community Development Director, the Code
Compliance Officer may issue an infraction or misdemeanor citation, depending
on the violation. The maximum penalty for a misdemeanor violation is six
months in jail and /or a $1,000 fine. The court may impose probation in lieu of the
maximum penalty on condition that the violator remedies all existing code
violations. If the violator fails to comply with the Code within a reasonable period
of time after the citation, additional citations could be issued until compliance is
achieved. A conviction of a violation of the Moorpark Municipal Code may be
appealed through the court system.
City Attorney Letter: This letter (see Attachment 3) prepared by the City Attorney,
signals to the violator the final opportunity for compliance prior to prosecution.
This letter advises that the case has been turned over to the City Attorney, gives
a final compliance date, a warning that legal remedies will thereafter be sought,
and that a Notice of Violation will be recorded against the property to give
prospective future buyers constructive notice that a violation exists on the
property at the time of sale.
Public Awareness: Violations of the Municipal Code occur due to at least two
factors, i.e. the laws are not clear or are not generally known. Pamphlets to
inform the public have been prepared, in English and Spanish, on specific topics
including, but not limited to garage conversions, property maintenance, grading,
signs, and temporary events. These pamphlets are available at City Hall public
counter, on the website, and through personal distribution. The City newsletter
may be used to advertise the availability of these pamphlets and periodically
\\mor_pri_serOCity Share \Community Development \CODE ENF\Work Program \CODE ENFORCEMENT WORK
PROGRAM (FINAL).doc 000093
Code Compliance Program
Page 4 of 5
publish articles on code compliance issues. The City cable channel may also be
used to provide information regarding code compliance.
Prosecution: When all administrative and awareness remedies have been
exhausted without achieving compliance; the case will be submitted to the
Community Development Director, who will confer with the City Manager and
City Attorney to evaluate the merits of a case prior to presenting it to the City
Council. If the City Council concurs with the findings of the Community
Development Director that the case should be pursued, the City Council will
make a determination as to whether to recommend that the City Attorney seek a
civil remedy (injunction, nuisance abatement, etc) or to submit the case to the
City Attorney for possible criminal prosecution.
The City Attorney will review the case to determine whether sufficient probable
cause exists prior to filing any criminal action and may also be authorized by the
City Council or City Manager to seek a Civil Compromise in lieu of a prosecution.
The Civil Compromise is a binding agreement between the City and the violator,
where the violator agrees to remedy the violation within a certain period of time
and reimburse the City for staff costs, attorney costs and other administrative
costs. After City Council's election to recommend a case for prosecution, the
Code Compliance Officer will prepare a draft complaint for the City Attorney to
review, revise and file with the Superior Court. Upon acceptance by the Superior
Court, an arraignment is scheduled. Prior to arraignment the Code Compliance
Officer, the City Attorney and the party responsible for the violations hold a
meeting to discuss the case. At the arraignment, the responsible party may
request a continuance to work out a plan of action with the City, plead guilty and
agree to a plan of action or, plead not guilty. In those circumstances when a not
guilty plea is entered, the case is held over for trial.
Future Programs
To increase public awareness, decrease code compliance calls, increase
efficiencies in code compliance the following programs are suggested:
Public Awareness Refuse Bill Inserts: Under the recently approved refuse
contract the City has six (6) times a year when it may avail itself of
inserting information into the refuse bill. This program would periodically
insert public information regarding code compliance, such as awareness
of the two times per year that unlimited dumping at the landfill and the four
times per year that scheduled free pick up of large items may be arranged.
Greater awareness of this kind of refuse program may decrease the
amount of illegal dumping and property maintenance issues.
Managed Enforcement/Neighborhood Development (MEND): MEND
would be implemented to maintain the quality of our neighborhoods.
Experience has shown that over time, if left unchecked, small problems
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000094
Code Compliance Program
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develop into major problems that can result in neighborhood decline. The
MEND Program is designed to identify problems and intervene early for
compliance. MEND would provide proactive awareness and compliance
within residential and commercial neighborhoods taking a coordinated
multi- agency approach focusing first on existing nuisance properties, one
neighborhood at a time. Representatives from Code Compliance, Police,
Fire, Building and Safety, Community Services and Public Works would
participate in the Program. Staff would develop an inspection schedule for
each residential, commercial and industrial neighborhood, eventually
covering the entire City. It should be noted that during the 1990's a similar
program was implemented but later abandoned due to budget constraints.
This program is not anticipated to be as staff intensive and would be
implemented within current staffing levels.
Community Outreach: Community outreach would be a program to meet
with community groups at least annually to discuss the code compliance
process, the most common types of violations, ways to educate oneself on
what permits are required for various activities. The Code Compliance
Officer along with the Community Development Director or the Director's
representative would meet with homeowner association boards, the
Chamber of Commerce Board, merchant groups, service clubs and the
like on at least an annual basis to educate its members on what Code
Compliance is, how it works, and why it is beneficial to the City. Copies of
our business cards and other material such as Code excerpts and
pamphlets would be made available.
\ \mor _pri_sery \City Share \Community Development \CODE ENF \Work Program \CODE ENFORCEMENT WORK
PROGRAM (FINAL).doc
000095
Investigation Report
City of Moorpark
File# 1-2004 -
Community Development Department
Date:
Code Compliance Division
Received By:
Reporting Party:
Address:
Incident:
Location:
Property Owner:
Parcel Number:
Code Compliance Case File Opened I Yes ❑ No ❑ I File # C -2004-
Notes:
ATTACHMENT 1
SACommunity Development \CODE ENF \Work ProgramWttachment 1- Sample Invest Report.doc
000096
July 10, 2003
John and Jane Smith
123 Main Street
Moorpark, CA 93021
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING — BUILDING AND SAFETY -- CODE COMPLIANCE
799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -6200 fax (805) 529 -8270
www.ci.mooroark.ca. us
RE: PROPERTY MAINTENANCE VIOLATIONS AT 123 MAIN STREET IN MOORPARK
CASE NO. C- 2003 -999
Dear Mr. and Mrs. Smith:
On June 17 2003, staff received a complaint and confirmed property maintenance violations at
the above site, consisting of the following:
• Accumulations of trash, debris and solid waste;
• Unpermitted storage of inoperable /unregistered vehicles; and
• Overgrown weeds and vegetation.
These conditions constitute violations of Section 8.48.020 of the Moorpark Municipal Code
related to property maintenance. Your voluntary compliance is requested to resolve these
conditions. To achieve compliance without further action by the City, the following actions must
be completed by August 10, 2003.
1. Remove and dispose of all accumulations of trash, debris and solid waste from all yard
areas and from within all the structures;
2. Remove all inoperable, non - functioning or unregistered vehicles, RV's and trucks from
the site; and
3. Abate and dispose of all accumulations of weeds and overgrown vegetation.
Your prompt attention to these conditions will avoid the need for further City action. If you have
further questions, please call me at (805) 517 -6232 or email me at mrileyCaD-ci.moorpark.ca.us. If
you have not already received a copy of the Code section, you can obtain a copy at our public
counter or you can access our Code via the internet at www.ci.moorpark.ca.us . Thank you in
advance for your attention to this matter.
Sincerely,
Mario A. Riley, Sr.
Code Compliance Officer II
C: Joseph F. Fiss, Principal Planner
File
.E?_My
.tat'€ i,;.,i.i E_e..._.i
PATRICK HUNTER JANICE PARVIN CLINT HARPER ROSEANN MIKOS KEITH F. MILLHOUSE
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
ATTACHMENT 2a 000097
August 1, 2003
John and Jane Smith
123 Main Street
Moorpark, CA 93021
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING -- BUILDING AND SAFETY -- CODE COMPLIANCE
799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -6200 fax (805) 529 -8270
www.ci.moornark.ca. us
RE: PROPERTY MAINTENANCE VIOLATIONS AT 123 MAIN STREET IN MOORPARK
CASE NO. C- 2003 -999
Dear Mr. and Mrs. Smith
On July 10 2003, a Notice of Violation was sent to you regarding property maintenance
violations at the above - referenced site.
A recent inspection noted that you voluntarily complied with our request for action and
the violations have been cleared. We thank you for your prompt attention to this matter.
The City of Moorpark is committed to continuous neighborhood improvement and we
appreciate your help with this goal.
If you have further questions, please call me at (805) 517 -6232 or email me at
mriley ci.moorpark.ca.us.
Sincerely,
Mario A. Riley, Sr.
Code Compliance Officer II
C: Joseph Fiss, Principal Planner
File
PATRICK HUNTER JANICE PARVIN CLINT HARPER ROSEANN MIKOS KEITH F. MILLHOUSE
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
ATTACHMENT 2b
000098
August 15, 2003
John and Jane Smith
123 Main Street
Moorpark, CA 93021
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING — BUILDING AND SAFETY — CODE COMPLIANCE
799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -6200 fax (805) 529 -8270
www drnooroark.ca.us
RE: PROPERTY MAINTENANCE VIOLATIONS AT 123 MAIN STREET IN MOORPARK
CASE NO. C- 2003 -999
Dear Mr. and Mrs. Smith:
On July 10, 2003, staff sent you a notice regarding the property maintenance violations
on your residential property. An inspection of the site was performed prior to the August
10, 2003, deadline for voluntary compliance, and it was found that compliance had not
occurred. Since compliance has not been met and no progress has been made toward
compliance, the City is prepared to recommend that the City Attorney initiate legal
action by filing charges in Ventura County Superior Court.
However; prior to filing charges, you are requested to attend an office hearing at
Moorpark City Hall at 4:00 pm, August 30, 2003, where you may provide a plan and
schedule for voluntary code compliance and to reimburse the City for administrative
costs related to this case.
If you choose not to attend the hearing or have not complied with the Code by that date,
the case will be referred to the City Attorney for legal action.
Should you have any questions or wish to confirm your attendance at the office hearing,
you may contact me between 8:30 am and 9:30 am or between 4:30 pm and 5:30 pm
Monday through Friday, at (805) 517 -6232. Copies of the Municipal Code are available
on the City's website at www.ci.moorpark.ca.us or at the public counter at City Hall.
Sincerely,
Mario A. Riley, Sr.
Code Compliance Officer II
C: Barry K. Hogan, Community Development Director
Joseph Fiss, Principal Planner
File
PATRICK HUNTER JANICE PARVIN CLINT HARPER ROSEANN MIKOS KEITH F. MILLHOUSE
Mayor Mayor Pro Tom Councilmember Councilmember Councilmember
ATTACHMENT 2c
000099
August 17, 2003
John and Jane Smith
123 Main Street
Moorpark, CA 93021
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING -- BUILDING AND SAFETY — CODE COMPLIANCE
799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -6200 fax (805) 529 -8270
www.d.moorpark.ca.us
RE: PROPERTY MAINTENANCE VIOLATIONS AT 123 MAIN STREET IN MOORPARK
CASE NO. C- 2003 -999
Dear Mr. and Mrs. Smith:
On August 15, 2003, you attended an office hearing regarding the property
maintenance violations on your residential property. At that meeting, you agreed to the
following voluntary compliance actions:
• Overgrown weeds and vegetation will be removed by August 21, 2003;
• Accumulations of trash, debris and solid waste will be removed by August 31,
2003;
• $176.00 will be paid to the City of Moorpark by August 31, 2003, as
reimbursement for administrative costs incurred; and
• Inoperable /unregistered vehicles will be removed by September 30, 2003.
If there are any problems in meeting these agreed upon actions, please contact me as
soon as possible, so that we can arrange an alternative course of action. Voluntary
compliance is always our desire; however, if compliance is not achieved the City will
recommend that the City Attorney file charges in Ventura County Superior Court.
Should you have any questions, comments or concerns, you may contact me between
8:30 am and 9:30 am or 4:30 pm and 5:30 pm, Monday through Friday, at (805) 517-
6232.
Sincerely,
Mario A. Riley, Sr.
Code Compliance Officer II
C: Barry K. Hogan, Community Development Director
Joseph Fiss, Principal Planner
File
PATRICK HUNTER JANICE PARVIN CLINT HARPER ROSEANN MIKOS KEITH F. MILLHOUSE
Mayor Mayor Pro Tom Councilmember Councilmember Councilmember
ATTACHMENT 2d
November 2, 2003
John and Jane Smith
123 Main Street
Moorpark, CA 93021
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING — BUILDING AND SAFETY — CODE COMPLIANCE
799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -6200 fax (805) 529 -8270
www.d.moorpark.ca.us
RE: NOTICE OF PENDING REFERRAL TO CITY ATTORNEY: PROPERTY
MAINTENANCE VIOLATIONS AT 123 MAIN STREET IN MOORPARK
CASE NO. C- 2003 -999
Dear Mr. and Mrs. Smith:
The City has tried unsuccessfully, since July 10, 2003, to obtain your cooperation in
resolving the above - indicated violations. As of November 1, 2003, there are still
accumulations of trash, debris and solid waste; unpermitted storage of
inoperable /unregistered vehicles; and overgrown weeds and vegetation at the site.
The City is preparing to refer the case to the City Attorney by December 1, 2003, unless
all the remaining violations are abated by that date. No extensions will be provided and
this is your FINAL notice.
The City intends to recommend that the City Attorney file charges in Ventura County
Superior Court. The City Attorney will seek restitution, probation and compliance orders.
Should you have any questions concerning this matter, you may contact me at (805)
517 -6232.
Sincerely,
Mario A. Riley, Sr.
Code Compliance Officer II
C: Steven Kueny, City Manager
Barry K. Hogan, Community Development Director
Joe Fiss, Principal Planner
John Cotti, City Attorney
File
EN' 'V1` 1, ` i f rarYS; ta . r,:enret Swt 3e w.. t r f , : C= s C !,. ,
PATRICK HUNTER JANICE PARVIN CLINT HARPER ROSEANN MIKOS KEITH F. MILLHOUSE
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
ATTACHMENT 2e
(300101.
ORANGE COUNTY OFFICE
18301 VON KARMAN AVENUE, SUITE 1050
IRVINE. CALIFORNIA 92612 -1009
Tel (949)863 -3363
Fu: (949) 163 -3350
SAN DIEGO OFFICE
402 WEST BROADWAY, SUITE 810
SAN DIEGO, CALIFORNIA 92101 -3553
Tel (619) 615 -6672
Fax: (619) 6156673
Wraces Dieu Dial:
(213) 2362723
jcoai@bwslaw.com
LA Al 141983 v 1
LAW OFFICES
BURKE, WILLIAMS & SORENSEN, LLP
611 WEST SIXTH STREET, SUITE 2500
LOS ANGELES, CALIFORNIA 90017 -3102
Tel: (213) 236 -0600
Fax: (213) 236 -2700
www.bwslaw.com
Street
Moorpark, California 93021
SAN FRANCISCO OFFICE
450 SANSOME STREET, SUITE 1200
SAN FRANCISCO, CALIFORNIA 94111 -3320
TeL (415) 955 -1160
I'm (415) 982 -0824
November 24, 2003
SUBJECT: Moorpark Municipal Code Violations at
Case Number C -2003
Dear Mr.
INLAND EMPIRE OFFICE
3403 TENTH STREET, SUITE 300
RIVERSIDE, CALIFORNIA 92501 -3629
TeL• (909) 788 -0100
Fax (909) 788.5785
VENTURA COUNTY OFFICE
2310 EAST PONDEROSA DRIVE, SURE 23
CAMARILLO. CALIFORNIA 93010-4747
Tel: (105) 987 -3468
I= (105) 482 -9834
Street
OUR FILE NO:
01536 -0001
This office represents the City of Moorpark as its City Attorney. It has come to our
attention that you are maintaining the above - referenced property in violation of Moorpark
Municipal Code sections 5.08.020, 5.88.020, and 8.36.070.
As part of the City's ongoing efforts to improve the character and aesthetic quality of the
City by working with property and business owners, the City staff first contacts individuals who
may be in violation and attempts to resolve such matters informally. Where, as here, repeated
efforts by City staff have proved unsuccessful, this office has been called in to seek compliance
before pursuing legal remedies.
Therefore, the City of Moorpark requests that you take immediate action to rectify the
following:
1. Apply for and obtain a Home Occupation Permit as required by Moorpark
Municipal Code §5.88.020(A).
2. Apply for and obtain a Business Registration as required by Moorpark Municipal
Code §5.08.020(A).
3. You must contract for solid waste collection service and pay the collection fee.
(Moorpark Municipal Code §8.36.070(A).)
ATTACHMENT 3
000102
November 24, 2003
Page 2
If the above violations have already be corrected, please contact Officer Mario Riley,
Moorpark Code Enforcement Division, at (805) 517 -6232, to schedule an inspection date to
confirm that the above corrections have been completed.
Please be advised, however, that if you fail to bring the property into compliance by
December 12, 2003, the City will have no alternative but to pursue further legal remedies. Such
remedies may include filing a criminal complaint against you pursuing a nuisance abatement
action in which all fees and costs incurred by the City, including attorneys' fees, may be imposed
as a lien upon your property; or seeking an injunction from court.
Your prompt attention to this matter is greatly appreciated. Again, please contact Officer
Riley, Moorpark Code Enforcement Division, at (805) 517 -6232 on or before December 12,
2003, to confirm that the above violations have been corrected.
Sincerely.
fdr BURKE, WILLIAMS & SORENSEN, LLP
cc: Joseph M. Montes, City Attorney
Steven Kueny, City Manager
Barry Hogan, Director of Community Development
Mario Riley, Code Enforcement Officer
LA #141983 vl
000103