HomeMy WebLinkAboutAGENDA REPORT 2006 0920 CC REG ITEM 11BORDINANCE NO 340
�Ze � SAN 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.
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.
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Page 2
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, as defined in Section 1.16.020, are authorized to issue criminal
citations following the procedures set forth in California Penal Code
sections 853.5 through 853.6a, or such other procedures as the State of
California may subsequently enact.
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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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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.
1.12.130 Recordation of Notice of Compliance.
1.12.140 Other Abatement Procedures.
1.12.150 Abatement Hearing.
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1.12.160 Abatement of Nuisance by Property Owner.
1.12.170 Abatement of Nuisance by City.
1.12.180 Liability to City for its Costs.
1.12. 190 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
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;
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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.
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
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Ordinance No. 340
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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 ten (10) calendar 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.
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
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Ordinance No. 340
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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.
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.
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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.
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
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Ordinance No. 340
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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. If the hearing officer determines that a nuisance does not exist, the
City will promptly refund the appeal fee.
The determination of the hearing officer is final.
J. 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
upon the earlier of personal delivery or the third (3rd) day after
deposit in the United States mail.
1.12.160 Abatement of Nuisance by Property Owner.
Any property owner may abate the public nuisance in accordance with the
Notice and Order or hearing officer's notice 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.
1.12.170 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
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Page 11
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
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
Ordinance No. 340
Page 12
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.
1.12.180 Liability to City 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
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described in Sections 39574 et seq. of the Government Code of the
state relating to weed abatement assessments.
1.12. 190 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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Page 14
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 officer or employee authorized by
the governing body 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.
C. Any code compliance officer, upon determining that a provision of
this code which such officer is charged to enforce has been
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Page 15
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
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
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Page 16
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.
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.
Ordinance No. 340
Page 17
1.16.060 Administrative citation arocedure.
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
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
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Ordinance No. 340
Page 18
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.
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.
Ordinance No. 340
Page 19
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
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 Request for administrative hearing.
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
t �004,c; 9
Ordinance No. 340
Page 20
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
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 (10) nor more than ninety (90)
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.
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Ordinance No. 340
Page 21
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 to uphold
or deny the administrative citation within thirty (30) calendar days
after the hearing, 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.
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.
1 k004S 1
Ordinance No. 340
Page 22
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,
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 20th day of September, 2006.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
0004F2