HomeMy WebLinkAboutAGENDA REPORT 2006 0802 CC REG ITEM 09GMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
ITEM 9.G.
C;iTyof M>' OPP;Ik'K, CA=d9FORMA
City :ouncil Meefinq
of
AGT1014:
FROM: Barry K. Hogan, Community Development Direct P.,
Prepared By: Laura Stringer, Administrative S i es Manager
DATE: July 21, 2006 (CC Meeting of 08/02106)
SUBJECT: Consider Ordinance to Amend Titles 1 and 15 of the Moorpark
Municipal Code by Adding Chapter 1.10, "Code Violations, Penalties
and Enforcement;" Amending Chapter 1.12 and Changing the Title
from "Enforcement and Penalties" to "Nuisances;" Adding Chapter
1.16, "Administrative Citations" and Amending Section 15.04.060,
"Violations and Penalties"
BACKGROUND
Title 1 of the Moorpark Municipal Code includes Chapter 1.12, Enforcement and
Penalties and Title 15 includes Section 15.04.060 (Attachment 1). Chapter 1.12, which
has not been updated for many years, addresses enforcement of the Municipal Code,
including application of penalties and abatement of nuisances. Staff has been working
with the City Attorney to update and amend Title 1 to provide for clear procedures for
legal remedies to secure enforcement, including penalties, nuisance abatement and
administrative processes that are consistent with current state law. Amendment to Title
15 is proposed for consistency.
DISCUSSION
The draft Ordinance (Attachment 2) adds Chapter 1.10 Code Violations, Penalties and
Enforcement; amends Chapter 1.12 and Changes the Title from "Enforcement and
Penalties" to "Nuisances;" adds Chapter 1.16, "Administrative Citations." Amendment to
Section 15.04.060 is proposed to provide consistency with Title 1:
• Chapter 1.10 provides the general means and methods by which the City may
secure compliance with the provisions of the Municipal Code and City approvals,
permits or licenses.
• Chapter 1.12 as amended and renamed provides the procedures, penalties, cost
recovery and administrative process for abatement of identified public nuisances.
SACommunity Development\DEV PMTS\Z 0 A \2006 \Public Nuisance \cc 060802 agenda report.doc 000228
Honorable City Council
August 2, 2006
Page 2
• Chapter 1.16 provides for issuance of administrative citations to encourage
compliance with the provisions of the Municipal Code and to provide a method of
holding persons responsible when they fail or refuse to comply with the
provisions of this code. The use of Chapter 1.16 is also intended to minimize the
expense and delay associated with pursuing code violations through the civil or
criminal justice system.
• Section 15.04.060 as amended removes reference to penalties, which are now
included in Title 1.
The draft Ordinance also references schedules of fines, penalties and other fees to be
adopted by City Council resolution. The Ordinance sets forth minimum fees if no
resolution is in place. Staff recommends that Council set a public hearing for August
16, 2006, to consider a fee resolution for fines and penalties related to code compliance
and public nuisance abatement.
STAFF RECOMMENDATION
1. Introduce Ordinance No. for first reading.
2. Schedule second reading and adoption for August 16, 2006.
3. Direct staff to prepare a fee resolution for City Council consideration on
September 20, 2006.
Attachments:
1) MMC Chapter 1.12 and Section 15.04.060
2) Draft Ordinance
(100229
Chapter 1.12
ENFORCEMENT AND PENALTIES
Sections:
1.12.010
Violations and prosecution.
1.12.020
Aiding and abetting.
1.12.040
Penalty for violation.
1.12.050
Fines — Imprisonment pending
payment.
1.12.060
Fines -- Failure to pay.
1.12.070
Nuisance—Abatement.
1.12.071
Nuisance— Abatement bearing.
1.12.080
Nuisance —Cost recovery.
1.12.081
Nuisance— Emergency
abatement. `
1.12.090
Violation of administrative
provisions.
1.12.100
Citation —When issued.
1.12.110
Citation — Issuance.
1.12.120
Imprisonment—Place.
1.12.130
Imprisonment—Trusty system.
1.12.140
Imprisonment -Labor by
inmates.
1.12.010 Violations and prosecution.
The violation of any provision of this code or other ordi-
nance of the city, including those provisions of this code
designated as misdemeartoJmfiaction, shall be a misdemean-
or unless such violation is deemed an infraction because:
A. A judgment imposes a punishment other than M*ns-
onment and a fine not exceeding the amounts specified
in Section 1.12.040B of this code; or
B. The city attorney files a complaint in municipal
court charging the violation as an infraction, unless the
defendant objects at the time of arraignment; or
C. A verified notice to appear is issued charging the
violation as an infraction, unless the defendant objects at
the time of arraignment; or
D. The violation is specifically designated as an infrac-
tion in this code. (Ord. 185 § 1,1993: Ord. 176 § 1,1993:
Ord. 28 § 1 (part), 1984: Ord. 2 § 1 (part), 1983)
1.12.020 Aiding and abetting.
Whenever in this code or the provisions of any code
adopted by the city by reference or any provision of any
ordinance of the city not included within this code any
act or omission is made unlawful, it shall include causing,
permitting, aiding, abetting, suffering or concealing the
fact of such act or omission. (Ord. 28 § I (part), 1984:
Ord. 2 § 1 (part), 1983)
1.12.010
1.12.040 Penalty for violation.
A. Any person convicted of a misdemeanor, the penalty
for which is not otherwise prescribed, shall be punished
by a fine of not more than one thousand dollars ($1,000.00)
or by imprisonment for not more than six (6) months, or
by both such fine and imprisonment.
B. Any person convicted of an infraction, the penalty
for which is not otherwise prescribed, shall be punished
by:
1. A fine not exceeding one hundred dollars ($100.00)
for the first violation;
2. A fine not exceeding two hundred dollars ($200.00)
for a second violation of the same provision within one
(1) year;
3. A fine not exceeding five hundred dollars ($500.00)
for each additional violation of the same provision within
one (1) year. (Ord. 28 § I (part), 1984: Ord. 2 § I (part),
1983)
7
1.12.050 Fines — Imprisonment pending
payment.
A. A judgment that a person convicted of a misdemean-
or be punished by payment of a fine, with or without other
punishment, may also direct that be be imprisoned in the
county jail until the fine is satisfied and may further direct
that such imprisonment begin at and continue after the
expiration of, or run concurrently with all or part of, any
imprisonment imposed as a part of the punishment. Every
such judgment shall specify the extent of the imprisonment
for nonpayment of the fine, which shall not be more than
one (1) day for each twenty dollars ($20.00) of the fine
nor exceed in any case the term for which the defendant
might be sentenced to imprisonment for the offense of
which he has been convicted. A defendant held in custody
for nonpayment of a fine shall be entitled to credit on the
fine for each day he is so held in custody at the rate speci-
fied in the judgment When the defendant has been convict-
ed of a misdemeanor, a judgment that defendant pay a fine
may also direct that he pay the fine within a limited time
or in installments on specified dates and that in default
of payment as therein stipulated he be imprisoned in the
discretion of the court either until the defaulted installment
is satisfied or until the fine is satisfied in full; but unless
such direction is given in the judgment, the fine shall be
payable forthwith.
B. Except as otherwise provided in case of fines im-
posed as conditions of probation, the defendant must pay
the fine to the clerk of the court, or to the judge thereof
if there is no clerk, unless the defendant is taken into custo-
dy for nonpayment of the fine, in which event payments
made while he is in custody shall be made to the officer
who holds him in custody and all amounts so paid shall
CC ATTACHMENT 1
o00230
1.12.050
be forthwith paid over by such officer to the court which
rendered the judgment. The clerk shall report to the court
every default in payment of a fine or any part thereof, or
if there is no clerk the court shall take notice of such de-
fault. If time had been given for payment of a fine or it
has been made payable in installments, the court shall, upon
default in payment, immediately order the arrest of the
defendant and order him to show cause why he should
not be imprisoned until the fine or installment thereof, as
the case may be, is satisfied in full. If the fine, or in-
stallment, is payable forthwith and it is not so paid, the
court shall, without further proceedings, immediately commit
the defendant to the custody of the proper officer to be
held in custody until the fine is satisfied in full. (Ord. 28
§ 1 (part), 1984: Ord. 2 § I (part), 1983)
1.12.060 Fines— Failure to pay.
Any person wilfully failing to pay to a lawfully imposed
fine for a violation of any provision of this code, regardless
of whether such violation is a misdemeanor or an infraction,
within the time authorized by the court and without lawful
excuse having been presented to the court on or before
the date the fine is due, is guilty of a misdemeanor regard-
less of the full payment of the fine after such time. (Ord.
28 § 1 (part), 1984: Ord. 2 § I (part), 1983)
1.12.070 Nuisance-- Abatement.
A. In addition to other penalties provided by law, any
condition caused or permitted to exist in violation of any
provisions of this code, or any such threatened violation,
shall be deemed a public nuisance and may be summarily
abated as such by the city.
B. Also, any such violation or threatened violation
as referred to in subsection A of this section, or any condi-
tion caused or permitted to exist in violation of any of the
provisions of any code adopted by reference by this code,
or of the provisions of any other city ordinance, shall be
deemed a public nuisance which may be abated by the
city attorney in a civil judicial action.
C. Nothing in this section shall be deemed to prevent
the city from commencing a criminal action in addition
to, alternatively to, or in conjunction with, the proceedings
set forth in this section, nor shall anything in this section
be deemed to prevent the city from setting a public hearing
to abate a nuisance in addition to, alternatively to, or in
conjunction with the proceedings set forth in this section.
(Ord. 143 § 2, 1991; Ord. 2 § 1 (part), 1983)
1.12.071 Nuisance- - Abatement bearing.
A. The city manager is authorized to administer the
provisions of this section. The city manager may appoint
one or more members of the city staff to act as his
designee(s) in carrying out these responsibilities.
B. Whenever the city manager or his designee finds
that any real property within the city, or any building,
improvement or structure located thereon, is being main-
tained contrary to one or more of the provisions of this
code and reasonably believes that such violation constitutes
a public nuisance under this section or Section 1.12.070,
he shall set the matter for a public hearing before the
hearing officer.
C. 1. The city clerk shall give not less than ten (10)
days written notice to the owner of the affected property
of the time and place of the public hearing by United States
mail or by personal delivery, as such owner is shown on
the latest equalized assessment roll of Ventura County.
The city manager may direct that additional notices as he
may deem necessary or desirable be given. Such notice
shall describe the property involved by street address and
shall further describe the property by the Ventura county
assessor's property identification number, including the
map book, page and parcel numbers as contained in the
latest equalized assessment roll of the county assessor. The
notice shall include a brief description of the conditions
which are deemed to be contrary to the provisions of this
code and shall contain a detailed list of the needed cor-
rections or abatement methods necessary to abate the cited
conditions.
2. In addition, at least ten (10) days prior to the date
set for hearing, the city clerk shall cause a copy of such
notice to be conspicuously posted on the affected property.
3. The failure of any person to receive such notice
shall not affect the validity of any proceedings under this
section.
D. Any owner shall have the right to abate the nuisance
in accordance with the notice of hearing to abate at his
own expense, provided the same is done prior to the time
that the matter is set for public hearing before the hearing
officer. On receipt of notice from the property owner that
the nuisance has been abated in this manner, the city
manager shall cause the same to be inspected to verify
compliance. If he finds that compliance has been achieved,
he shall terminate the proceedings.
E. The hearing to determine whether a nuisance exists
shall be conducted by the city manager or his duly autho-
rized designee who shall act as hearing officer, and who
shall herein be referred to as the "hearing officer." The
hearing officer is authorized to take testimony and decide
upon evidence and in the course of doing so, is authorized
to administer oaths or affirmations pursuant to California
Code of Civil Procedure Section 2093(x) or any of its suc-
cessor statutes.
000231
F. The hearing to determine whether a nuisance exists
shall be conducted by the hearing officer who shall consider
all relevant evidence including, but not limited to. applicable
staff reports, testimony written or oral relative to the
existence of the alleged public nuisance, and the manner
and time period proposed for the abatement of same. Such
hearing may be continued from time to time.
Upon the conclusion of the public hearing, the hearing
officer shall, on the basis of the evidence presented at such
hearing, determine whether the property, or any part thereof,
as maintained, constitutes a public nuisance, as defined
herein. If the hearing officer finds that a public nuisance
exists, he shall, by written notice, order the same abated
in a reasonable period of time and in accordance with a
detailed list of needed corrections or abatement methods.
The determination of the hearing officer shall be final unless
appealed in the manner provided for in this section.
G. A copy of the hearing officer's order of abatement
of the nuisance shall be served upon the owner of the prop-
erty by United States mail or by personal delivery. The
notice shall be deemed received upon personal delivery
or upon the third (3rd) day after deposit in the United States
mail.
H. The owner of property affected by the decision of
the hearing officer, or any interested party, may appeal
the decision of the hearing officer to the city council.
The appeal shall be made in writing and filed with the
city clerk within five (S) working days following receipt
of the notice of the hearing officer. Such appeal shall state
the grounds for the appeal. The city clerk shall, upon receipt
of such appeal, set the matter for heating before the city
council not less than ten (10) nor more than thirty (30)
days following the filing of the appeal. Notice of hearing
shall be given by deposit in the United States mail or by
personal delivery at least ten (10) days prior to the hearing.
At the time and place of hearing, the city council shall
hear and consider all relevant evidence including, but not
limited to, the report of the hearing officer and testimony
written or oral relative to the existence of the alleged public
nuisance and the manner and time period proposed for
abatement of same. The hearing may be continued from
time to time.
Upon the conclusion of the public hearing, the city
council shall, on the basis of the evidence presented at the
hearing, determine whether the property, or any part thereof,
as maintained, constitutes a public nuisance, as defined
herein. If the council finds that a public nuisance exists,
it shall, by resolution, order the same abated in a reasonable
time and in accordance with a detailed list of needed
corrections or abatement methods to be set forth in the
resolution. The determination of the city council shall be
final.
1.12.071
I. A copy of the city council's resolution ordering
abatement of the nuisance shall be served upon the owner
of the property by United States mail or by personal deliv-
ery.
J. Any owner of property shall have the right to abate
the public nuisance in accordance with the city council's
resolution ordering abatement, at his own expense, provided
the same is done prior to the expiration of the time set
forth in the resolution. Upon compliance with the resolution
by the owner, the proceedings hereunder shall be deemed
terminated. If such nuisance is not completely abated by
the owner, as directed, within the time set forth in the
resolution, then the city manager shall cause the same to
be abated by city forces or private contract, and entry upon
the premises is expressly authorized for such purposes.
IC When the city manager causes the abatement of
a public nuisance pursuant to the provisions of Section
1.12.071(J) he shall keep an accounting of the cost thereof,
including incidental expenses of such abatement. Upon
conclusion of such abatement, the city manager shall submit
his itemized statement of costs to the city clerk. Upon re-
ceipt of such statement, the city clerk shall set the same
for hearing before the city council. The city clerk shall
cause notice of the time.and place of the hearing to be
given to the owner of the property to which the same re-
lates, and to any other interested person who requests notice,
by deposit in the United States mail or by personal delivery,
at least ten (10) days in advance of the hearing. The term
"incidental expenses" includes, but is not limited to, the
actual expenses and costs to the city in the preparation
of reports and notices, specifications and contracts, inspec-
tion of the work and costs of printing and mailing required
under this section.
L. At the time and place set for receiving and con-
sidering the statement of costs, the city council shall hear
and pass upon the statement together with any objections
or protests raised by any of the persons liable to be assessed
for the cost of abating the nuisance. Thereupon, the city
council may make any such revision, correction or modifica-
tion to the statement as it may deem just, after which the
statement as submitted, or as revised, corrected or modified,
shall be confirmed by resolution. Such hearing may be
continued from time to time. The decision of the city
council shall be final.
M. The city clerk shall give notice of the city council's
decision to the owner of the property by deposit in the
United States mail or by personal delivery within ten (10)
days after the city council renders its decision.
N. The cost of abatement of a nuisance, as confirmed
by the city council, shall constitute a special assessment
against the respective lot or parcel of land to which it
relates, and after its recording, as thus made and confirmed,
9
000232
1.12.071
the same shall constitute a lien on the property _ in the
amount of such assessment. After the confirmation of the
statement, a copy thereof shall be transmitted to the assessor
and tax collector for the city by the city clerk. Whereupon
it shall be the duty of the assessor and tax collector to add
the amount of such assessment, or assessments, to the next
regular bills of taxes levied against the respective lot or
parcel of land for municipal purposes, and thereafter the
amount shall be collected at the same time and in the same
manner as ordinary municipal taxes are collected, and shall
be subject to the same penalties and the same procedure
for foreclosure and sale in the case of delinquency as
provided for ordinary municipal taxes.
O. Any person who maintains any public nuisance as
defined in this section or Section 1. 12.070 or who violates
or fails to comply with an order of abatement made pursuant
to this section is guilty of a misdemeanor.
No person shall obstruct, impede or interfere with any
representative of the city or with any owner, as defined
in this section, of a property which has been ordered
vacated, repaired, rehabilitiated or which improvements
thereon have been ordered demolished and removed,
whenever such representative of the city or owner is en-
gaged in vacating, repairing, rehabilitating the property
or demolishing and removing the improvements pursuant
to the provisions of this section, or in performing any
necessary act preliminary or incidental to such work as
authroized or directed pursuant to this section. (Ord. 143
§ 3 (part), 1991)
1.12.080 Nuisance —Cost recovery.
A. Whenever any person creating, causing, committing
or maintaining a public nuisance, as referred to in Section
1.12.070 of this chapter, or other public nuisances, as
defined under state law or other ordinance or regulation,
has been given notice, by or on behalf of the city attorney
or by any other city officer, employee or policing agent
authorized to give such notice, to abate such nuisance or
cease and desist from continuing such nuisance or violation
of law, and such person who was given notice fails, refuses
or neglects to comply with the notice within the time
specified therein, or if such a time is not specified, then
within a time reasonably sufficient to enable such compli-
ance, such noncomplying person shall be liable to the city
for any and all costs and expenses to the city involved in
thereafter abating the nuisance and in obtaining compliance
with or enforcing the law as referred to or encompassed
in the notice.
B. Costs and expenses, as referred to in subsection
A of this section may include, but are not limited to, any
and all direct costs and expenses related to such things
as personnel salaries and benefits, operational overhead,
10
rent, interest, fees for experts or consultants, legal costs
or expenses, including attorneys' fees, claims against the
city arising as a consequence of the nuisance or violation
and procedures associated with collecting moneys due
hereunder.
C. The provisions of subsection A of this section shall
also apply to any person who received a notice, as specified
therein, and thereafter the nuisance or violation was abated,
but such person subsequently allowed or was responsible
for a recurrence of the nuisance or violation.
D. The liability of any person for the payment of the
costs and expenses provided for in subsection A of this
section may be waived in whole or in part by the city at-
torney in any case wherein he determines, in his sole dis-
cretion, that the failure or refusal of such person to comply
with the notice therein involved was based upon a good
faith and bona fide issue of law or fact specially involved
in the circumstances of the case. Any determination or
decision of the city attorney in this regard shall be final
and conclusive and shall not be subject to appeal as pre-
scribed in Chapter 2.04 of this code.
E. Moneys due to the city pursuant to this section may
be recovered in an appropriate civil action. Alternatively,
such liability may be enforced by special assessment pro-
ceedings against the parcel of land upon which the nuisance
existed, which proceedings may be conducted in a manner
substantively similar to proceedings described in Sections
39574 et seq. of the Government Code of the state relating
to weed abatement assessments. (Ord. 2 § 1 (part), 1983)
1.12.081 Nuisance — Emergency abatement.
Any nuisance which is determined by the city to be an
immediate public health hazard may be removed by the
city from a property through summary abatement without
notice. When the city has effected the removal of such
solid waste, the owner or occupant of the property shall
be liable to the city for the cost of such removal and
disposal. (Ord. 143 13 (part), 1991)
1.12.090 Violation of administrative
provisions.
The violation of, or the failure or omission to perform
in accordance with, any administrative provision of this
code by any officer or employee of the city shall generally
not be considered a criminal act, but may be deemed a
failure to perform the duties or to observe the rules and
regulations of the department, office, commission or board
within the meaning of the rules and regulations of the city
or of the civil service regulations of the city, if applicable.
(Ord. 2 § 1 (part), 1983)
000233
1.12.100 Citation —When issued.
In any case in which a person is arrested for a violation
of any provision of this code and does not demand to be
taken before a magistrate, such person may, in lieu of being
taken before a magistrate, be issued a written notice to ap-
pear in court and may then be released, all pursuant to and
in accordance with the procedures prescribed by California
Penal Code Section 853.6 et seq. (Ord. 2 § 1 (part), 1983)
1.12.110 Citation — Issuance.
A. Officers and employees of the city who have the
discretionary duty to enforce a statute or ordinance may,
pursuant to Section 836.5 of the Penal Code and subject to
the provisions of this section, arrest a person without a war-
rant whenever any such officer or employee has reasonable
cause to believe that the person to be arrested has committed
an offense in the officer's or employee's presence which he
or she has the discretionary duty to enforce, and to issue a
notice to appear, and to release such person on his or her
written promise to appear in court, pursuant to Section 853.6
of the Penal Code.
B. No officer or employee shall be allowed by his or
her superior to exercise the arrest and citation authority con-
ferred in this section unless such officer or employee is
within a classification of city officers and employees desig-
nated by resolution of the city council to exercise such arrest
and citation authority as to specified violations.
C- The city manager shall establish and cause to be
administered a special enforcement training program desig-
nated to instruct each officer or employee who will exercise
such arrest and citation authority, regarding the provisions
of the statutes and ordinances to be enforced, the evidentiary
prerequisites to proper procedures for making arrests or
otherwise prudently exercising such arrest and citation au-
thority, and the legal and practical ramifications and limita-
tions attendant thereto. Any such officers or employees shall
be appropriately instructed to deposit executed citations or
notices with the police department for filing with the court,
after review for legal sufficiency. (Ord. 2 § 1 (part), 1983)
1.12.120 Imprisonment — Place.
That portion of the Ventura County Court House known
as the Ventura County Jail is designated as the place of im-
prisonment for all persons convicted of and sentenced to
imprisonment for a violation of this code. (Ord. 6 § 10
(part), 1983)
1.12.100
1.12.130 Imprisonment— Trustee system.
The sheriff is authorized to establish a trustee system for
the purpose of regulating the conduct of prisoners, and he
may promulgate such regulations, written or oral, as he may
deem necessary in pursuance thereof. (Ord. 6 § 10 (part),
1983)
1.12.140 Imprisonment —Labor by inmates.
Every male person having the physical ability to do so,
confined in the county jail under a final judgment of impris-
onment may be required by the sheriff to labor upon any
public grounds, roads, streets, alleys, highways or public
buildings or any other places deemed advisable and for the
benefit of the county, within such county, each day except
Sundays and legal holidays during the time they are so con-
fined. (Ord. 6 § 10 (part), 1983)
I I (Moorpark Supp. No. 3, 12 -03)
000234
15.04.040
authorized by this code or any permits or certificates is-
sued under this code.
(Ord. 289 § 2 (part), 2002: Ord. 253 § 1 (part), 1999)
15.04.050 Disaster response.
The city manager may enter into mutual aid agreements
for emergency building and safety services for the purpose
of assuring adequate and effective response in the event of
earthquake or other unforeseen emergencies. (Ord. 289 § 2
(part), 2002: Ord. 253 § 1 (part), 1999)
15.04.060 Violations and penalties.
A. It is unlawful for any person, firm or corporation
to erect, construct, enlarge, alter, repair; move, improve,
remove, convert or demolish, equip, use, occupy or main-
tain any land, building or structure, building service
equipment, machine or equipment; or cause or permit the
same to be done in violation of this code or the technical
codes. Each such person shall be deemed guilty of a sepa-
rate offense for each and every day or portion thereof dur-
ing which any violation of any of the provisions of this
code or the technical codes is committed, continued or
permitted.
B. It is unlawful for any person to remove, deface,
alter or obstruct from view a posted notice of the building
official or duly appointed representative when such notice
constitutes a stop work order or a warning of substandard
or hazardous conditions or prohibits or restricts the occu-
pancy or use of a building, structure or building service
equipment regulated by this code or the technical codes.
C. Every violation of this code or the technical codes
shall be deemed amisdemeanor.
D. Any person convicted of a misdemeanor shall be
punishable by a fine ofnot more than one thousand dollars
($1,000.00) or by imprisonment for not more than six (6)
months or by both such fine and imprisonment. (Ord. 289
§ 2 (part), 2002: Ord. 253 § 1 (part), 1999)
(Moorpark Supp. No. 1, 12 -02)
246
Chapter 15.08
BUILDING CODE*
Sections:
15.08.010
Building code adopted.
15.08.020
Administrative provisions deleted.
15.08.030
Foundation design.
15.08.040
Plywood design.
15.08.050
Hold -down connectors.
15.08.060
Height to length ratio
15.08.070
Table 25 -I amended.
15.08.080
Fire hazard zone requirements.
15.08.090
Foundation investigation.
15.08.100
Grading enforcement by city
engineer.,
15.08.110
Swimming pools.
' Prior ordinance history: Ords. 14, 75, 115, 127 and 210:
15.08.010 Building code adopted.
Except as hereinafter provided, the Uniform Building
Code, 1997 Edition, Volumes 11 2 and 3, including: (1)
generic fire- resistive assemblies listed in the Fire Resis-
tance Design Manual, Fourteenth Edition, dated April
1994, published by the Gypsum Association as referenced
in Tables 7 -A, 7 -B and 7 -C; (2) Appendix Chapter 3, Divi-
sions I,11; (3) Appendix Chapter 4, Division I; (4) Appen-
dix Chapter 12, Division II; (5) Appendix Chapter. 15 ex-
cept Sections 1516.3( #2) and 15163( #3); (6) Appendix
Chapters 29, 30 including ANSUASME A17.4, 1987
Safety Code for Elevators and Escalators, and to
ANSFASME A 17.3 -1996, Safety . Code for Existing Ele-
vators and Escalators, published by the American Society
of Mechanical Engineers; and (7) Appendix 31, Division
III, and Chapter 33; (8) Structural Welding Code -
Reinforcing Steel, AWS D1.4 -92 (UBC Standard 19 -1);
(9) Load and Resistance Factor Design Specifications for
Structural Steel Buildings, December 1, 1993 (Chapter 22,
Division II); (10) Specification for Structural Steel Build-
ings Allowable Stress Design and Plastic Design, June 1,
1989 (Chapter 22, Division lII); (11) Load and Resistance
Factor Design Specification for Cold Formed Steel Struc-
tural Members, 1986 (with December, 1989 Addendum)
(Chapter 22, Division VI); (12) Specification for Design of
Cold - Formed Steel Structural Members, 1986 (Chapter 22,
Division VII); (13) Standard Specification for Steel Joists,
K- Series, LH- Series, DLH -Series and Joist Girders, 1994
(Chapter 22, Division IX); (14) Structural Applications of
Steel Cables for Buildings, ASCE 17 -95 (Chapter 22, Di-
vision XI); and (15) National Design Specification for
000235
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING TITLES 1 AND 15 OF THE
MOORPARK MUNICIPAL CODE BY ADDING CHAPTER 1.10 ENTITLED
"CODE VIOLATIONS, PENALTIES AND ENFORCEMENT "; AMENDING
CHAPTER 1.12 WHICH WILL BE RENAMED "NUISANCES "; ADDING
CHAPTER 1.16 ENTITLED "ADMINISTRATIVE CITATIONS'; AND
AMENDING SECTION 15.04.060 ENTITLED "VIOLATIONS AND
PENALTIES ".
THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS
FOLLOWS:
SECTION 1. Adoption of Chapter 1.10. Chapter 1.10 entitled "Code
Violations, Penalties and Enforcement" is hereby added to Title 1 of Municipal Code of
the City of Moorpark to read as follows:
Chapter 1.10
CODE VIOLATIONS, PENALTIES AND ENFORCEMENT.
Sections:
1.10.010 Purpose.
1.10.020 Code violations.
1.10.030 Entitlement permit, other permit or license violations.
1.10.040 Authority to arrest and issue criminal citations.
1.10.050 Criminal prosecution.
1.10.060 Misdemeanor penalties.
1.10.070 Infraction penalties.
1.10.080 Public nuisances.
1.10.090 Administrative citations.
1.10.100 Civil actions.
1.10.010 Purpose.
The provisions of this chapter represent the general means and methods
by which the City may secure compliance with the provisions of this code
and City approvals, permits or licenses. The City may use any available
legal remedy to secure compliance. Multiple enforcement remedies may
be used to achieve compliance with respect to persons who commit
continuing violations.
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1.10.020 Code violations.
A. It is unlawful for any person to violate any provision or to fail to
comply with any requirement of this code.
B. Whenever in this code any act or omission is made unlawful, it
includes causing, permitting, aiding, abetting, maintaining, suffering
or concealing the fact of such act or omission.
C. Any person violating any of the provisions of this code is guilty of a
misdemeanor, unless the offense is specifically classified in this
code or by state law as an infraction. However, the city attorney is
authorized to file or charge any violation of this code as either a
misdemeanor or infraction or reduce any charge filed as a
misdemeanor to an infraction.
D. Each day that any condition caused or permitted to exist in violation
of this code constitutes a new and separate violation.
E. The owner of any property, building or structure within the City is
responsible for keeping such property, building or structure free of
violations related to its use or condition. The owner of such
property, building or structure is separately liable for violations
committed by tenants or occupants relative to the use or condition
of the property.
F. The penalty provided in this section is in addition to other provisions
of this code or other law.
1.10.030 Entitlement permit. other permit or license violations
A. Each person or the successor of each person who holds an
entitlement permit, a variance permit, or any other permit or license
issued by the City shall comply with each provision of the permit or
license and with each term that is imposed as a condition to the
exercise of the permit or license.
B. Each person or the successor of each person who receives a
rezoning or subdivision approval shall comply with each provision
of the approval and with each term that is imposed as a condition to
the approval of the rezoning or subdivision.
1.10.040 Authority to issue criminal citations.
Pursuant to California Penal Code section 836.5, City code compliance
officers are authorized to issue criminal citations following the procedures
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Ordinance No.
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set forth in California Penal Code sections 853.5 through 853.6a, or such
other procedures as the State of California may subsequently enact.
1.10.050 Criminal prosecution.
Pursuant to California Government Code section 36900, the city attorney
may prosecute any violation of this code in the name of the people of the
State of California.
1.10.060 Misdemeanor penalties.
Any person convicted of a misdemeanor for the violation of this code may
be punished by a fine of not more than $1,000.00 or by imprisonment not
to exceed 6 months, or by the imposition of both such fine and
imprisonment.
1.10.070 Infraction penalties.
A. The City Council will establish by resolution the fines which will be
imposed upon any infraction. If the City Council fails to pass any
such resolution, the fines shall be as provided in this section.
B. Except as provided in subsection (C) below, any person convicted
of an infraction for the violation of this code may be punished by:
1. A fine not exceeding $100.00 for a first violation.
2. A fine not exceeding $200.00 for a second violation of the
same code section within the previous twelve (12) months.
3. A fine not exceeding $500.00 for each additional violation of
the same code section within the previous twelve (12)
months.
C. Any person convicted of an infraction for a violation of any City
Building or Safety code may be punished by:
1. A fine not exceeding $100.00 for a first violation.
2. A fine not exceeding $500.00 for a second violation of the
same code section within the previous twelve (12) months.
3. A fine not exceeding $1,000.00 for each additional violation
of the same code section within the previous twelve (12)
months.
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Ordinance No.
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1.10.080 Public nuisances.
In addition to the penalties provided in this chapter, any condition caused
or permitted to exist in violation of this code is deemed a public nuisance
and may be abated as such by the City in any manner provided by law or
in this code for the abatement of a nuisance.
1.10.090 Administrative citations.
Upon a finding by a City official vested with the authority to enforce the
provisions of this code that a violation exists, such official may issue an
administrative citation under Chapter 1.16.
1.10.100 Civil actions.
The city attorney, at the direction of the City Council, may institute an
action in any court of competent jurisdiction to restrain, enjoin or abate any
condition found to be in violation of this code or any approval, order, rule
or regulation issued by any duly authorized officer or agent of the City in
the manner provided by law. The prevailing party in any such civil action
will be entitled to recovery of attorneys' fees and costs incurred in such
action.
SECTION 2. Revision of Chapter 1.12. The title of Chapter 1.12 of Title I of
the Municipal Code currently entitled "Enforcement and Penalties" is hereby changed to
"Nuisances." Chapter 1.12 is further amended in its entirety to read as follows:
Chapter 1.12
NUISANCES
Sections:
1.12.010 Notice of Public Nuisance and Order to Abate.
1. 12.020 Contents of Notice and Order.
1.12.030 Persons entitled to service.
1.12.040 Service of Notice and Order.
1.12.050 Completion of service.
1.12.060 Appeal of Notice and Order.
1.12.070 Appeal Fee.
1.12.080 Hardship Waiver.
1.12.090 Incomplete filing.
1.12.100 Failure to file appeal.
1.12.110 Processing and conducting of appeal.
1.12.120 Recordation of Notice and Order.
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Ordinance No.
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1.12.130 Recordation of Notice of Compliance.
1.12.140 Other Abatement Procedures.
1.12.150 Abatement Hearing.
1.12.160 Appeal of Hearing Officer's Decision.
1.12.170 Abatement of Nuisance by Property Owner.
1.12.180 Abatement of Nuisance by City.
1.12.190 Liability to City for its Costs.
1.12.200 Emergency Abatement.
1.12.010 Notice of Public Nuisance and Order to Abate.
A. The city manager is authorized to administer the provisions of this
section. The city manager may appoint one or more members of
City staff to carry out these responsibilities. For purposes of this
chapter, the term "city manager" shall mean the city manager and
his or her designee(s).
B. When the city manager has found and determined that conditions,
uses or activities at or upon any real property or premises
constitute a public nuisance pursuant to any provision of the
Municipal Code and /or applicable statute, rule, code and regulation,
the city manager may issue or cause the issuance of a Notice of
Public Nuisance and Order to Abate ( "Notice and Order ") pursuant
to this Chapter.
1.12.020 Contents of Notice and Order.
A. The Notice and Order shall include all of the following information:
1. The name of the property's record owner, the occupant, if
any, and /or the agent, if any, having charge or control of the
property;
2. The street address or a definite description of the location
where the violation occurred;
3. The code section(s) violated;
4. A description of the property's condition which violated the
applicable codes;
5. The actions necessary to correct the subject violations;
6. The deadline or specific date by which to correct the
violations; an order prohibiting the continuation or repeated
oOO240
Ordinance No.
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occurrence of the code violation described in the Notice and
Order;
7. A notification that the Notice and Order may be recorded
with the Office of the County Recorder;
8. A description of the administrative appeal process for a
person's appeal of the city manager's determination of
violation, including the time within which an appeal must be
filed; and
9. The name and signature of the city manager.
1.12.030 Persons entitled to service.
The Notice and Order, and any amended or supplemental Notice and
Order, shall be served upon the record owner, the tenant or occupant, if
any is known to the city manager, and the agent having charge or control
of the property, if any is known to the city manager. The failure of the city
manager to serve any person required herein to be served shall not
invalidate any proceedings hereunder as to any other person duly served
or relieve any such person from any duty or obligation imposed by the
provisions of this code.
1.12.040 Service of Notice and Order.
A. Service of a copy of the Notice and Order shall be made upon all
persons entitled thereto in one of the following manners:
Personal service; or
2. Certified mail, postage prepaid, return receipt requested at
their address as it appears on the last equalized assessment
roll of the County or as otherwise known to the citing officer.
Concurrently, the same Notice shall be sent by regular mail.
If a Notice that is sent by certified mail is returned unsigned,
then service will be deemed effective by regular mail,
provided that Notice is not returned. Service by mail will be
effective on the date of mailing; or
3. Posting the notice conspicuously on or in front of the
affected property or any other real property within the City in
which the City has knowledge that the responsible person
has a legal interest.
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B The failure of any interested person to receive any Notice served in
accordance with this section will not affect the validity of any
proceedings taken under this Chapter.
1.12.050 Completion of service.
Service of a Notice and Order which is personally served shall be deemed
completed at the time of such personal service. Service of a Notice and
Order which is served by mail is deemed completed on the date said
Notice and Order is deposited in the mail. Service of the Notice and Order
which is served by posting is deemed complete on the date of posting of
said Notice and Order.
1.12.060 Appeal of Notice and Order.
A. The owner of property affected by service of Notice and Order, or
any other interested party, may appeal the decision of the city
manager.
B. The appeal shall be made in writing and filed with the city manager
within five (5) business days following receipt of the Notice and
Order and shall contain the following information.
1. Name(s) of each appellant and their legal or equitable
interest in the appeal;
2. A brief statement in ordinary and concise language of the
specific items protested, together with any material facts
claimed to support the contentions of the appellant;
3. A brief statement in ordinary and concise language of the
relief sought and the reasons why the Notice and Order
should be reversed, modified or otherwise set aside; and
4. The signatures of all parties named as appellants and their
official mailing addresses and electronic mail address, if any.
C. Such appeal shall provide the appropriate fee as established by this
chapter.
D. Any appeal filed that fails to provide all of the required information
shall be deemed incomplete.
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Ordinance No.
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1.12.070 Appeal fee.
The City Council may establish and amend the amount of the appeal fee
by resolution. If the City Council fails to pass any such resolution, the fee
for the appeal shall be $500.00, unless the appellant establishes that the
$500.00 constitutes a substantial financial hardship per this chapter, in
which event the city manager may waive all or a portion of the fee.
1.12.080 Hardship Waiver.
A person seeking to appeal a Notice and Order may request a hardship
waiver of the fee by filing a Hardship Waiver on forms supplied by the City.
The original Hardship Waiver form, signed under penalty of perjury, shall
be filed with the city manager along with the appeal. The person
requesting the Waiver bears the burden of establishing that such person
does not have the financial ability to pay the fee. The request will be
decided by the city manager, or his /her designee, within five (5) business
days from date the request is received, and the city manager's decision is
final. The applicant will be notified by telephone, facsimile, email, in
writing, or in person of the decision on the request. The filing of a
Hardship Waiver does not extend the time to file for an appeal hearing. If
the request for Hardship Waiver is denied, an appeal hearing will not be
scheduled unless the appeal fee is paid within five (5) business days
following the city manager's decision.
1.12.090 Incomplete filing.
Not later than five (5) business days from the date the appeal is filed the
city manager shall determine whether the appeal is complete. If the
appeal is determined to be incomplete, the city manager shall immediately
mail to the appellant a Notice of Incomplete Filing which shall provide a
written explanation of each reason why the appeal has been determined
to be incomplete. The applicant has five (5) business days from the
Notice of Incomplete Filing to complete the appeal. Time extensions for
the completion of the appeal are not allowed.
1.12.100 Failure to file appeal.
Failure to timely and properly file an appeal from a Notice and Order shall
constitute a waiver of all rights to an administrative appeal hearing and
adjudication of the Notice and Order or any portion thereof. The
determination that the violation occurred and that the violator was
responsible for the violation shall be deemed final on the date that service
of the Notice and Order is deemed completed.
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Ordinance No.
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1.12.110 Processing and conducting of appeal.
The appeal of any Notice and Order shall be processed and conducted in
accordance with the provisions of this chapter. Any decision of the
hearing officer in accordance with those provisions shall be filed within the
time provided and also processed and conducted as set forth in this
chapter.
1.12.120 Recordation of Notice and Order.
If an appeal is not filed in a timely manner, or if the appeal is denied
because it is incomplete or if the Notice and Order is upheld following any
appeal hearing, the Notice and Order may be recorded against the
property in the Office of the County Recorder to certify that: (i) the subject
property is being maintained in violation of the Municipal Code and /or
applicable statute, rule, code and regulation; and (ii) the property owner
and any other responsible person(s) have been so notified.
1.12.130 Recordation of Notice of Compliance.
Whenever it is determined that the corrections ordered by the Notice and
Order have been completed so that the premises no longer exists in a
condition that is in violation of the Municipal Code and /or applicable
statute, rule, code and regulation and either that such abatement has
been accomplished at no cost to the City, or that such costs have been
collected and paid in full, a Notice of Compliance shall be recorded in the
Office of the County Recorder certifying that all required corrections have
been made and that the subject premises is no longer being maintained
as a public nuisance.
1.12.140 Other Abatement Procedures.
The provisions of this Chapter shall not in any manner limit or restrict the
City or the city attorney from enforcing the Municipal Code or abating
public nuisances in any other manner provided by law.
1.12.150 Appeal hearin
A. Whenever an appeal has been filed in a timely manner under this
Chapter, the city manager may set the matter for a public hearing
before a "hearing officer." The city manager will appoint the State
of California Office of Administrative Hearings or its functional
equivalent to serve as the hearing officer. The hearing officer will
conduct a hearing to consider whether Notice and Order should be
upheld.
u 00244
Ordinance No.
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B. The city manager shall, upon receipt of such appeal and fee, set
the matter for a hearing before the hearing officer not less than ten
(10) nor more than ninety (90) calendar days following the filing of
the appeal.
C. At least ten (10) calendar days prior to hearing, the city manager
shall serve notice of the hearing upon the owner and any other
party requesting notice. Such service will be sufficient if the notice
is placed in the United States mail at least ten (10) calendar days
prior to the hearing or if the notice(s) are personally delivered.
D. At the hearing, the hearing officer may take testimony, administer
oaths or affirmations pursuant to California Code of Civil Procedure
Section 2093(a) or any of its successor statutes, and decide upon
evidence.
E. At the hearing, the hearing officer will consider all relevant evidence
including, but not limited to, applicable staff reports, written or oral
testimony, and the manner and time period proposed for the
abatement of the nuisance. The formal rules of evidence shall not
apply to such proceedings. However, the hearing officer, in his or
her discretion, may sustain objections to evidence which is
irrelevant or improper.
F. Such hearing may be continued from time to time.
G. Upon the conclusion of the hearing, the hearing officer shall, on the
basis of the evidence presented at such hearing, determine
whether all or a portion of the involved property constitutes a public
nuisance, and determine whether all or a portion of the Notice and
Order should be upheld. If the hearing officer finds that a public
nuisance exists, the hearing officer will, by written notice, (a)
provide a detailed list of needed corrections and abatement actions;
(b) order that the nuisance be abated consistent with that list; and
(c) provide a reasonable time period for the owner to abate the
nuisance, but a period not less than five (5) calendar days, except if
there is an emergency, in which even the five (5) day minimum
does not apply.
H. The determination of the hearing officer is final unless appealed in
the manner provided for in this chapter.
A copy of the hearing officer's order of abatement of the nuisance
shall be served upon the owner of the property by United States
mail or by personal delivery. The notice shall be deemed received
000245
Ordinance No.
Page 11
upon the earlier of personal delivery or the third (3rd) day after
deposit in the United States mail.
1.12.160 Appeal of Hearing Officer's Decision.
A. The owner of property affected by the decision of the hearing
officer, or any other interested party, may appeal the decision of the
hearing officer to the City Council.
B. The appeal shall be made in writing and filed with the community
development director within five (5) business days following receipt
of the notice of the hearing officer.
C. Such appeal shall state the grounds for the appeal and provide the
appropriate fee. The City Council may establish and amend the
amount of the fee by resolution. If the City Council fails to pass any
such resolution, the fee for the appeal shall be $500.00, unless the
appellant establishes that the $500.00 constitutes a substantial
financial hardship, in which event the city manager may waive all or
a portion of the fee.
D. The community development director shall, upon receipt of such
appeal and fee, set the matter for hearing before the City Council
not less than ten (10) nor more than ninety (90) calendar days
following the filing of the appeal.
E. At least ten (10) calendar days prior to hearing, the community
development director shall serve notice of the hearing upon the
owner and any other party requesting notice. Such service will be
sufficient if the notice is placed in the United States mail at least ten
(10) calendar days prior to the hearing or if the notice(s) are
personally delivered.
F. At the appeal hearing, the City Council will consider all relevant
evidence including, but not limited to, the hearing officer's report,
applicable staff reports, written or oral testimony, and the manner
and time period proposed for the abatement of the nuisance. The
hearing may be continued from time to time.
G. Upon the conclusion of the public hearing, the City Council will, on
the basis of the evidence presented at the hearing, determine
whether the property, or any part thereof, as maintained,
constitutes a public nuisance.
H. After the conclusion of the public hearing, if the City Council finds
that a public nuisance exists, it will, by resolution, (a) provide a
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Ordinance No.
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detailed list of needed corrections and abatement actions; (b) order
that the nuisance be abated consistent with that list; and (c) provide
a reasonable time period for the owner to abate the nuisance, but a
period not less than seven (5) calendar days, except if there is an
emergency, in which event the five (5) day minimum does not
apply.
The determination of the City Council is final.
J. If the City Council passes a resolution ordering abatement of the
nuisance, a copy of the City Council's resolution will be served
upon the owner of the property by United States mail or by personal
delivery.
1.12.170 Abatement of Nuisance by Property Owner.
Any property owner may abate the public nuisance in accordance with the
Notice and Order, hearing officer's notice, or City Council's resolution
ordering abatement, as applicable, at the property owner's sole expense,
provided the same is done prior to the expiration of the time set forth in the
notice or resolution, as applicable. Upon compliance with the notice or
resolution by the owner, the proceedings hereunder shall be deemed
terminated. If such nuisance is not completely abated within the time set
forth in the notice or resolution, as applicable, then the city manager, or
his /her designee, may cause the Notice and Order to be recorded against
the property in the Office of the County Recorder in accordance with this
Chapter, and /or cause the nuisance to be abated by the City or private
contract, and entry upon the premises is expressly authorized for such
purposes.
1.12.180 Abatement of Nuisance by City.
A. If the city manager causes the abatement of a public nuisance
pursuant to the provisions of this Chapter, the city manager will
keep an accounting of the cost thereof, including incidental
expenses of such abatement.
B. The term "incidental expenses" includes, but is not limited to, the
actual expenses and costs to the City in the preparation of reports
and notices, specifications and contracts, inspection of the work,
and costs of printing and mailing required under this section.
C. Upon conclusion of such abatement, the city manager will draft an
itemized statement of costs, and set the same for hearing before
the City Council. The city manager will cause notice of the time
and place of the hearing to be given to the owner of the property to
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Ordinance No.
Page 13
which the same relates, and to any other interested person who
requests notice, by deposit in the United States mail or by personal
delivery, at least ten (10) calendar days in advance of the hearing.
D. At the time and place set for receiving and considering the
statement of costs, the City Council will hear comments on the
proposed statement. The City Council will then pass a resolution
as to the accuracy of the proposed statement, and whether it
should be modified. Such hearing may be continued from time to
time. The decision of the City Council is final.
E. The city manager will give notice of the City Council's decision to
the owner of the property by deposit in the United States mail or by
personal delivery within ten (10) calendar days after the City
Council renders its decision.
F. The cost of abatement of a nuisance, as confirmed by the City
Council, shall constitute a special assessment against the
respective lot or parcel of land to which it relates. When the city
manager records these costs, they shall constitute a special
assessment and a lien on the property in the amount stated in the
resolution. The city manager will transmit a copy to the assessor
and tax collector for addition of this assessment amount to the next
regular bills of taxes levied against the respective lot or parcel of
land for municipal purposes. Thereafter, this amount shall be
collected at the same time and in the same manner as ordinary
municipal taxes are collected, and shall be subject to the same
penalties and the same procedure for foreclosure and sale in the
case of delinquency as provided for ordinary municipal taxes.
G. No person shall obstruct, impede or interfere with any
representative of the City or with the property owner, of a property
which has been ordered vacated, repaired, rehabilitated or which
improvements thereon have been ordered demolished and
removed, whenever such representative of the City or the property
owner is engaged in vacating, repairing, rehabilitating the property
or demolishing and removing the improvements pursuant to the
provisions of this section, or in performing any necessary act
preliminary or incidental to such work as authorized or directed
pursuant to this section.
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Ordinance No.
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1.12.190 Liabilitv to Citv for its costs.
A. Whenever any person creating, causing, committing or maintaining
any violation of this code has been given notice, by or on behalf of
the city attorney or by any other City officer, employee or policing
agent authorized to give such notice, to abate such violation or
cease and desist from continuing such violation of law, and such
person who was given notice fails, refuses or neglects to comply
with the notice within the time specified therein, or if such a time is
not specified, then within a time reasonably sufficient to enable
such compliance, such non - complying person shall be liable to the
City for any and all costs and expenses to the City involved in
thereafter abating the nuisance and in obtaining compliance with or
enforcing the law as referred to or encompassed in the notice.
B. Costs and expenses, as referred to in subsection A of this section
include, but are not limited to, any and all direct costs and
expenses related to such things as personnel salaries and benefits,
operational overhead, rent, interest, fees for experts or consultants,
legal costs or expenses, including attorneys' fees, claims against
the City arising as a consequence of the nuisance or violation and
procedures associated with collecting moneys due hereunder.
C. The provisions of subsection A of this section shall also apply to
any person who received a notice, as specified therein, and
thereafter the violation was abated, but such person subsequently
allowed or was responsible for a recurrence of the violation.
D. The city manager may waive, in whole or in part, the liability of any
person for the payment of the costs and expenses provided for in
subsection A of this section if the failure or refusal of such person to
comply with the notice therein involved was based upon a good
faith and bona fide issue of law or fact specially involved in the
circumstances of the case. Any determination or decision of the
city manager in this regard shall be final and conclusive and shall
not be subject to appeal as prescribed in Chapter 2.04 of this code.
E. Moneys due to the City pursuant to this section may be recovered
in an appropriate civil action. Alternatively, such liability may be
enforced by special assessment proceedings against the parcel of
land upon which the nuisance existed, which proceedings may be
conducted in a manner substantively similar to proceedings
described in Sections 39574 et seq. of the Government Code of the
state relating to weed abatement assessments.
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Page 15
1.12.200 Emergency abatement.
Any nuisance which is determined by the City to be an immediate public
health hazard may be removed by the City from a property through
summary abatement without notice. When the City has effected such
abatement, the owner or occupant of the property shall be liable to the
City for the cost of abatement, including all costs of removal and disposal.
SECTION 3. Adoption of Chapter 1.16. Chapter 1.16 entitled "Administrative
Citations" is hereby added to Title 1 of Municipal Code of the City of Moorpark to read
as follows:
Chapter 1.16
ADMINISTRATIVE CITATIONS
Sections:
1.16.010 Purpose.
1.16.020 Definitions.
1.16.030 Administrative citation authority.
1. 16.040 Notice of violation.
1.16.050 Service procedures.
1.16.060 Administrative citation procedures.
1.16.070 Assessment of administrative citation fines.
1.16.080 Satisfaction of administrative citation.
1.16.090 Collection of unpaid fines and penalties.
1.16.100 Request for administrative hearing.
1.16.110 Administrative hearing procedure.
1.16.120 Administrative hearing decision.
1.16.130 Right to judicial review.
1.16.010 Purpose.
The enforcement of the City's municipal code is vital to the protection of
the public's health, safety and quality of life. Under Government Code
section 53069.4, the City is authorized to adopt an administrative citation
program, which program offers an alternative method of enforcing code
violations. The purpose of issuing administrative citations pursuant to this
chapter is to encourage compliance with the provisions of this code and to
provide a method of holding persons responsible when they fail or refuse
to comply with the provisions of this code. The use of this chapter is also
intended to minimize the expense and delay associated with pursuing
code violations through the civil or criminal justice system.
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1.16.020 Definitions.
For the purposes of this chapter, the following definitions apply to these
words and phrases:
"Administrative citation" or "citation" means a written notice to a
responsible person that a violation of this code has occurred and an
assessment of a civil fine issued by a code compliance officer.
"city manager" means the city manager of the City of Moorpark or the
manager's designee.
"Code compliance officer" means any person authorized to enforce certain
provisions of this code.
"Continuing violation" means either (1) a particular violation of the code
continuing for more than 24 hours without correction or abatement, or (2)
a repeated, consecutive violation of the same offense without intervening
days.
"Legal interest" means any interest that is represented by a deed of trust,
quitclaim deed, mortgage, judgment lien, tax or assessment lien,
mechanic's lien or other similar instrument, which is recorded with the
county recorder.
"Notice of violation" means a written notice to a responsible person that a
violation of this code has occurred and a warning that an administrative
citation assessing fines will be issued unless the violation is ceased and
abated.
"Responsible person" means any person or persons that a code
compliance officer determines is responsible for causing or maintaining a
violation of this code. The term "responsible person" includes but is not
limited to a property owner, tenant, person with a legal interest in real or
personal property, or person in possession or control of real or personal
property.
1.16.030 General citation authority and applicability.
A. This chapter authorizes use of administrative citations that are in
addition to all other legal remedies, criminal or civil, that the City
may pursue to address any violation of this code.
B. The use of this chapter is at the sole discretion of the city manager,
city attorney, and the City's code compliance officers.
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C. Any code compliance officer, upon determining that a provision of
this code which such officer is charged to enforce has been
violated, has the authority to issue an administrative citation to any
responsible person.
D. Any responsible person violating any provision of this code, or
causing, permitting or maintaining a violation of any provision of this
code may be issued an administrative citation by a code
compliance officer.
E. Each and every day a violation of this code exists constitutes a
separate and distinct offense and will be subject to a separate fine.
A single citation may charge a violation for one or more days on
which a violation exists, and for the violation of one or more code
sections. Continuing violations will automatically accrue fines
beginning on the date the citation is issued until verification of
abatement pursuant to Section 1.16.080(C).
F. The owner of any property, building or structure within the City has
the responsibility for keeping such property, building or structure
free of violations related to its use or condition. The owner of such
property, building or structure is a responsible person and is
separately liable for violations committed by tenants or occupants
relative to the use or condition of the property.
1.16.040 Notice of violation.
A. Whenever a code compliance officer determines that a violation of
this code exists, the code compliance officer may issue a notice of
violation to a responsible person prior to issuing an administrative
citation. The notice of violation serves as a written warning of
responsibility and requires immediate action by the responsible
person to cease and abate the violation. The notice of violation
must include the information set forth in Section 1.16.060(B)(1) -(5)
and a date by which the violation can reasonably be ceased and
abated. If the violation is not ceased or abated by the end of the
correction period stated in the notice, the code compliance officer
may issue an administrative citation.
B. In accordance with Government Code section 53069.4, no
responsible person will be assessed an administrative fine under
this chapter for a continuing violation pertaining to a building,
plumbing, electrical or similar structural or zoning issue that does
not create an immediate danger to the public health or safety
without first receiving a notice of violation and a reasonable
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opportunity to correct or otherwise remedy the violation. In such
circumstance, the stated period available to correct the violation
prior to the assessment of a fine must be appropriate to the
violation as determined by the code compliance officer, but in no
event less than seven (7) calendar days. If, after the correction
period stated in the notice, the violation is not ceased or abated, the
code compliance officer may issue an administrative citation.
C. Any responsible person receiving notice for a continuing violation
may petition the city manager for an extension of time to correct the
violation so long as the petition is received before the end of the
correction period. The city manager may grant an extension of time
to correct the violation if the responsible person has supplied
sufficient evidence showing that the correction cannot reasonably
be made within the stated period.
D. The requirement of a reasonable opportunity to cure a violation
does not apply in instances where, in the discretion of the city
manager, a code violation poses an immediate danger to the public
health or safety.
1.16.050 Service procedures.
A. Except as otherwise provided in this chapter, whenever notice is
required to be given under this chapter, it must be given in one of
the following ways:
1. Personal service.
2. Certified mail, postage prepaid, return receipt requested.
Concurrently, the same notice should be sent by regular
mail. If a notice that is sent by certified mail is returned
unsigned, then service will be deemed effective by regular
mail, provided that notice is not returned. Service by mail
will be effective on the date of mailing; or
3. Posting the notice conspicuously on or in front of the
affected property or any other real property within the City in
which the City has knowledge that the responsible person
has a legal interest.
B, The failure of any interested person to receive any notice served in
accordance with this section will not affect the validity of any
proceedings taken under this chapter.
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C. The notice procedures in this section do not apply to an initial
notice of violation, which may be sent by regular mail or personally
served. Service of a notice of violation by mail is effective on the
date of mailing.
1.16.060 Administrative citation procedure.
Upon determining that a violation of this code exists, a code compliance
officer may issue an administrative citation to any responsible person on a
form authorized by the city attorney.
1.16.070 Assessment of administrative citation fine.
A. The amount of the fine will be assessed according to a schedule of
fines adopted by City council resolution. The schedule may include
escalating fine amounts for repeat violations occurring within
specified periods of time, and fines may vary depending on the
particular code provision violated.
B. Where no amount is specified by resolution of the City council, the
following fines will apply:
1. A fine not exceeding $100.00 per day for a first violation.
2. A fine not exceeding $200.00 per day for a second violation
of the same code provision or permit within the previous
twelve (12) months.
3. A fine not exceeding $500.00 per day for each additional
violation of the same code provision or permit within the
previous twelve (12) months.
C. A penalty of 10% will be added on any delinquent fines on the last
day of each month after the due date.
D. In addition to the late penalty provided by this section, delinquent
fines will accrue interest at the rate of 1 % per month, exclusive of
penalties, from the due date.
1.16.080 Satisfaction of administrative citation.
A. Upon receipt of a citation, the responsible person must do the
following:
1. Pay the fine within thirty (30) calendar days from the date of
the administrative citation. All fines assessed are payable to
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the City. Payment of a fine does not excuse or discharge the
failure to correct the violation nor will it bar further
enforcement action by the City.
2. Cease and abate the violation. If the offense is a continuing
violation and the responsible person fails to properly cease
and abate the violation, fines will accrue for each day until
the abatement is properly verified. Additionally, subsequent
administrative citations may be issued for the same violation.
The amount of the fine for failure to correct the violation will
increase at the rate specified in this chapter or as
established by City council resolution.
B. At any time following thirty (30) calendar days after the issuance of
the citation, the City may deliver a collection bill to the responsible
person requiring payment for all outstanding amounts owed for the
violation, including the amount due for the initial violation and any
accrual of daily fines from the date the citation was issued to the
date the abatement of the offense is properly verified (if applicable)
plus any appropriate late payment charge, less any amount
remitted pursuant to subsection (A) of this section.
C. The abatement of a continuing violation must be verified by a code
compliance officer. The responsible person must contact the
phone number designated on the citation and schedule an
inspection by a code compliance officer. Fines will accrue until the
abatement is verified, less any days delayed by action of the City in
scheduling such inspection.
1.16.090 Collection of unpaid fines and penalties.
A. The failure of any person to pay a fine or penalty assessed by
administrative citation within the time specified on the citation
constitutes a debt to the City. To enforce that debt, the City may
file a civil action, lien the subject property as set forth below, or
pursue any other legal remedy to collect such debt. A person who
fails to pay any fine or other charge owed to the City under this
chapter is liable in any action brought by the City for all costs
incurred in securing payment of the delinquent amount, including,
but not limited to, administrative costs and attorneys' fees. Such
collection costs are in addition to any fines, interest, and late
charges.
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B. In addition to any other legal remedy, the City may place a lien on
property that is the subject of a citation if the citation has been
issued to the property owner. The following procedure will apply:
1. The city manager may initiate proceedings to record a lien
against the subject property.
2. Before recording the lien, the city manager shall draft a
report stating the amounts due and owing. The report may
include a fee, as established by City council resolution, for
the administrative costs associated with the preparation and
recordation of the lien.
3. The city manager shall fix a time, date, and place for a
hearing before the city manager to consider the report and
any protests or objections to it.
4. The city manager must serve the property owner with a
hearing notice not less than ten (10) calendar days before
the hearing date. The notice must set forth the amount of
the delinquent administrative fine, and any penalties and
interest that is due. Notice must be delivered first -class mail,
postage prepaid, addressed to the property owner's address
as it appears on the last equalized assessment roll or
supplemental roll of the county of Ventura, whichever is
more current. Service by mail is effective on the date of
mailing and failure of property owner to actually receive
notice does not affect its validity.
5. At the conclusion of the hearing, the city manager may adopt
a report confirming, discharging, or modifying the lien
amount.
6. Following the adoption of the report imposing a lien, the city
manager shall cause the lien to be filed in the county
recorder's office.
7. After confirmation and recordation, the City shall present a
copy of the lien to the county tax collector to add the amount
of the lien to the next regular property tax bills levied against
the parcel for municipal purposes. This amount will be
collected at the same time and in the same manner as
ordinary property taxes are collected, and will be subject to
the same penalties and procedures under foreclosure and
sale as provided for with ordinary municipal taxes. Or, after
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recording, the lien may be foreclosed by judicial or other sale
in the manner and means provided by law.
8. Once the City receives full payment for outstanding principal,
penalties, and costs related to a lien, the city manager will
cause to be recorded a notice of satisfaction or provide the
property owner with a notice of satisfaction for recordation at
the county recorder's office. This notice of satisfaction will
cancel the City's lien.
1.16.100 Reauest for administrative hearin
A. Any person receiving an administrative citation may contest the
citation by completing a request for hearing form and returning it to
the City within ten (10) calendar days after the issuance date of the
administration citation. Any request for hearing must be
accompanied by an advance deposit of the fine assessed by the
citation for the initial violation, unless waived by subsection (C) of
this section. If it is determined, after a hearing, that there was no
violation as charged in the administrative citation, the advance
deposit will be refunded.
B. A request for hearing will not postpone or avoid the requirement of
a responsible person to abate a violation nor toll the daily fines
accruing for a continuing violation until the abatement of the offense
is properly verified. In the event the hearing officer upholds the
citation, the responsible person will be liable for the total fines
accrued from the issuance of the citation to the date the abatement
is properly verified.
C. A person seeking an administrative hearing may request a hardship
waiver of the fine deposit by filing with the city manager a
completed City form, which must be signed under penalty of
perjury. The request must be submitted along with the request for
hearing. The person requesting the waiver bears the burden of
establishing that such person does not have the financial ability to
make the deposit. The request will be decided by the city manager
within three (3) business days from date the request is received,
and the city manager's decision is final. The applicant will be
notified by telephone, facsimile, or in person of the decision on the
request. The filing of a request for hardship waiver does not extend
the time to file for an administrative hearing or pay the fine when
due. If the request for hardship waiver is denied, an administrative
hearing will not be scheduled unless the fine deposit is paid within
000zsli
Ordinance No.
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five (5) business days following the city manager's determination on
the request for a hardship waiver.
D. The failure to submit a timely and complete request for hearing will
terminate a person's right to contest the citation and result in a
failure to exhaust administrative remedies, and the order of the
citation will serve as a final determination and conclusive evidence
of the named responsible person's liability for the citation.
E. The city manager shall set a hearing before a City hearing officer
on a date that is not less than fifteen (15) and not more than sixty
(60) calendar days from the date that the request for hearing is filed
in accordance with the provisions of this section. The City shall
notify the person requesting the hearing by regular mail of the date,
time and place set for the hearing at least ten (10) calendar days
prior to the date of the hearing and give that person any additional
written reports filed concerning the violation that are provided to the
hearing officer.
1.16.110 Administrative hearing procedure.
Administrative hearings shall be conducted in accordance with the
procedures as set forth in Chapter 1.12.
1.16.120 Administrative hearing decision.
A. After considering all of the testimony and evidence submitted at the
hearing, the hearing officer must issue a written decision within a
reasonable time after the hearing to uphold or deny the
administrative citation and must list in the decision the reasons for
that decision. The hearing officer will use preponderance of
evidence as the standard of evidence in deciding issues. The
decision of the hearing officer will be final.
B. If the hearing officer determines that the administrative citation
should be upheld, then any applicable fine amount on deposit with
the City will be retained by the City. The hearing officer may also
impose conditions and deadlines to correct the violation or require
payment of any outstanding fines, penalties, and interest.
C. If the hearing officer determines that the administrative citation
should be canceled or reduced because of an error in calculating
the fine, the City will promptly refund the applicable amount of the
deposited fine.
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Ordinance No.
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D. The City shall serve the recipient of the administrative citation with
a copy of the hearing officer's written decision by certified mail.
1.16.130 Right to judicial review.
Any person aggrieved by an administrative decision of a hearing officer on
an administrative citation may obtain review of the administrative decision
by filing a petition for review with the Ventura County Superior Court in
accordance with the timelines and provisions set forth in California
Government Code section 53069.4.
SECTION 4. Amendment of Section 15.04.060. Section 15.04.060 of the
City of Moorpark Municipal Code entitled "Violations and Penalties" is hereby amended
in its entirety to read as follows:
A. It is unlawful for any person, firm or corporation to erect, construct,
enlarge, alter, repair, move, improve, remove, convert or demolish,
equip, use, occupy or maintain any land, building or structure,
building service equipment, machine or equipment; or cause or
permit the same to be done in violation of this code or applicable
building codes.
B. It is unlawful for any person to remove, deface, alter or obstruct
from view a posted notice of the building official or duly appointed
representative when such notice constitutes a stop work order or a
warning of substandard or hazardous conditions or prohibits or
restricts the occupancy or use of a building, structure or building
service equipment regulated by this code or applicable building
codes.
SECTION 5. Severability. If any section, subsection, subdivision, sentence,
clause, or portion of this ordinance, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of the ordinance. The City Council
hereby declares that it would have adopted this ordinance, and each section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
SECTION 6. Effective Date. This Ordinance shall become effective thirty (30)
days after its passage and adoption.
SECTION 7. Publication. The City Clerk shall certify to the passage and
adoption of this ordinance; shall enter the same in the book of original ordinances of
said City; shall make a minute of the passage and adoption thereof in the records of the
proceedings of the City Council at which the same is passed and adopted; and shall,
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Ordinance No.
Page 25
within fifteen (15) days after the passage and adoption thereof, cause the same to be
published once in the Moorpark Star a newspaper of general circulation, as defined in
Section 6008 of the Government Code, for the City of Moorpark, and which is hereby
designated for that purpose.
PASSED AND ADOPTED this
ATTEST:
Deborah S. Traffenstedt, City Clerk
day of
Patrick Hunter, Mayor
W1II1I0
000260