HomeMy WebLinkAboutOrdinance 2250 N.C.S. 07/03/2006 EFFECTIVE DATE ORDINANCE NO. 2250 N.C.S.
OF ORDINANCE
August 3, 2006
1 Introduced by Seconded by
2
3 Mike Healy Mike Harris
4
5
6
7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE
8 PETALUMA MUNICIPAL CODE BY REPEALING CHAPTERS 1.08, 1.12, AND 1.15 THEREOF,
9 AND ADDING SIX NEW CHAPTERS RELATING TO ENFORCEMENT OF CODE VIOLATIONS
10
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
12
13 WHEREAS, through its general police powers granted pursuant to the California
14 Constitution, and also pursuant to its Charter provisions and authority as a Charter City, the City
15 of Petaluma has the authority to enact and enforce municipal ordinances that are not in
16 conflict with or preempted by state or federal law; and,
17
18 WHEREAS, the existing provisions of the Municipal Code relating to code enforcement
19 and nuisance abatement do not provide sufficient alternative methods of enforcement so that
20 the City has available all the tools necessary for such actions; and,
21
22 WHEREAS, the City Council of the City of Petaluma finds that it is vital and necessary to
23 the public health, safety, and welfare to enact a comprehensive regulatory scheme of code
24 enforcement, providing the city of Petaluma with all available means to enforce applicable
25 laws and regulations of City; and,
26
27 WHEREAS, the City Council finds that the adoption of this ordinance is exempt from the
28 California Environmental Quality Act ("CEQA"), pursuant to Sections 15061 (b) (3) (no possibility
29 that the activity may have a significant impact on the environment), 15307(action for protection
30 of natural resources), and 15308 (actions for protection of the environment) of the CEQA
31 Guidelines (Title 14, Chapter 3 of the California Code of Regulations).
32
33 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, DOES
34 HEREBY ORDAIN AS FOLLOWS:
35
36 Section 1. Chapter 1.08, Chapter 1.12, and Chapter 1.15 of the Petaluma Municipal Code
37 are hereby repealed in their entirety.
38
39 Section 2. Section 1.04.060 and Section 1.04.070 of the Petaluma Municipal Code are
40 hereby repealed in their entirety.
41
42 Section 3. Six new chapters, Chapters 1.10 through 1.15 are hereby added to the Petaluma
43 Municipal Code, to read as follows:
Ordinance No. 2250 N.C.S. Page 1
1
2
3 Chapter 1.10: Code Enforcement, Generally
4
5 1.10.010 Title.
6
7 This Ordinance shall be known as the "Code Enforcement Ordinance."
8
9 1.10.020 Purpose.
10
11 The City Council establishes the procedures set forth in this Ordinance for declaring and
12 addressing nuisance conditions and other violations of the Municipal Code, pursuant to
13 Government Code §3b900, et seq., §386b0, §§38771 through 38775, inclusive, §53069.4, §54988,
14 and all other statutes and laws referenced herein. The purpose of this Ordinance is to provide
15 criminal, civil, and administrative remedies, which shall be in addition to all other legal remedies
16 that may be pursued by City, to prevent, discourage, abate, or otherwise address any nuisance
17 condition or violation of this Code, as that term is defined below.
1$
19 1.10.030 Definitions.
20
21 A. "Abatement Order" and "Administrative Order" shall mean an order issued by a
22 Hearing Officer following an appeal hearing or an Order to Show Cause hearing.
23
24 6. "Administrative costs" shall mean that segment of costs of abatement that
25 includes staff time expended that was reasonably related to enforcement
26 activities under this Ordinance. Administrative costs shall include, but not be
27 limited to, site inspections and re-inspections, third party inspections,
28 investigations, printing, research, preparation of summaries, reports, notices, and
29 the time and expense of preparing for and attending meetings and/or hearings
30 related to abatement proceedings. The hourly rate for staff time shall be set by
31 the City Council and may be revised from time to time.
32
33 C. "Affected Property" .shall mean any real property or portions thereof within City
34 boundaries, including any buildings or other improvements located on such
35 property, where nuisance conditions or other code violations allegedly exist or
36 have previously existed.
37
38 D. "City" shall mean the City of Petaluma.
39
40 E. "Code" or "this Code" shall mean the City's Municipal Code, Zoning Ordinance,
41 all Uniform Codes that have been incorporated into City's Municipal Code, and
42 any applicable local, state or federal laws and regulations that are or may be
43 enforced by City, including without limitation, the State Housing Law (H&S Code
44 § 17910 et secy.)
45
46 F. "Compliance" shall mean all actions required to remove, alleviate, eliminate,
47 halt, or mitigate a nuisance condition or other violation of this Code in the
48 manner and in the timeframe prescribed by an Enforcement Officer, Hearing
49 Officer, or City Council.
50
51 G. "Costs of abatement" shall mean all costs incurred by City in connection with
52 achieving compliance with an Abatement Order, including but not limited to,
Ordinance No. 2250 N.C.S. Page 2
1 any cost incurred by City in performing or contracting for work required to
2 achieve compliance with an Abatement Order, administrative costs, and costs of
3 prosecuting any nuisance condition or other violation of this Code, including
4 attorneys' fees, all as permitted by law.
5
6 H. "Day" or "days" shall mean calendar days.
7
8 I. "Enforcement action" shall mean any Notice of Violation, hearing, citation,
9 investigation, complaint or petition, or any administrative or judicial order under
10 authority of this Ordinance or pursuant to any other legal authority.
11
12 J. "Enforcement Officer" means any person authorized or directed by the City
13 Manager to enforce any provision of this Code, including any peace officer. In
14 addition to any other powers conferred upon him/her by this Code or by any
15 other law, an Enforcement Officer shall have the authority to issue a Notice to
16 Appear, or issue a Notice of Violation, as described in Section 1.14.020, below, if
17 the Enforcement Officer has cause to believe that a violation of this Code was, or
18 is being, committed or that any Nuisance conditions exist.
19
20 K. "Hearing Officer" shall mean any person or persons appointed by the City
21 Council, or by any person designated by the City Council to make the
22 appointment, to conduct a hearing pursuant to this Ordinance.
23
24 L. "Nuisance condition" shall mean any condition described in Civil Code § 3479 or
25 Section 1.10.060 of this Code, and shall also include, but not be limited to, any
26 violation of this Code.
27
28 M. "Occupant" shall mean the person or persons having a right of present possession
29 of the Affected Property, if other than the Owner, including without limitation,
30 tenant(s), subtenant(s), lessee(s), sublessee(s), or assignee(s), or any authorized
31 agent of same.
32
33 N. "This Ordinance" shall mean this Code Enforcement Ordinance as enacted and
34 as the same may be amended from time to time.
35
36 O. "Owner" shall mean the owner(s) of record of the Affected Property, and shall
37 include any authorized agent(s) of the owner(s) of record.
38
39 P. "Penalty" shall mean an administrative fine or penalty imposed on the
40 Responsible Party, pursuant to Section 1.14.050, below.
41
42 Q. "Responsible Party" shall mean any person, firm, association, club or organization
43 (including informal clubs or organizations), corporation, partnership, trust(ee), or
44 entity, and a parent or legal guardian of any person(s) under eighteen (18) years
45 of age, whose acts or omissions have caused or contributed to a violation of this
46 Code, and shall. include any Owner(s) or Occupant(s) of the Affected Property.
47
48 1,10.040 Violation a Public Nuisance, Alternative Remedies Provide_d_
49
50 Any violation of this Code, including a continuing violation as described in Section 1.10.80, is
51 unlawful and is hereby declared to be a nuisance. Any violation of this Code may be
52 prosecuted or enforced through any of the enforcement remedies provided in this Ordinance..
Ordinance No. 2250 N.C.S. Page 3
1 In addition to the remedies provided in this Ordinance, the City expressly reserves the right to
2 utilize enforcement remedies available under any applicable state or federal statute or pursuant
3 to any other lawful power City may possess:. All such remedies shall be alternative to or in
4 conjunction with, and not exclusive of, one another. The election of remedies provided by this
5 Ordinance or other applicable law shall be at the sole discretion of City officials. A Hearing
6 Officer may order the abatement of any Nuisance condition, including abatement by City,
7 following proper notice and an opportunity for a hearing. However, no notice or hearing is
8 required to abate a Nuisance condition pursuant to the summary abatement authority set forth
9 in Chapter 1.15 of this Ordinance.
10
11 1.10.050 Violation of License, Permit, Agreement or Approval.
12
13 It shall be a violation of this Code to violate any term or condition of any license, permit,
14 agreement, or approval granted or issued by any authorized agent, body or agency of the City,
15 including the Petaluma Community Development Commission. Any Responsible Party
16 (including, without limitation, any agent, employee, or contractor of the Responsible Party)
17 violating or contributing to the violation of any such term or condition shall be subject to
18 enforcement as provided in this Ordinance and in any other law.
19
20 1.10.060 Maintenance of Property
21
22 In addition to other conditions defined to be nuisances in this Ordinance or the Municipal Code,
23 it is declared a public nuisance for any person owning, leasing, occupying or having charge or
24 possession of any premises in this City to maintain such premises in such manner that any of the
25 following conditions, but not limited thereto, are found to exist thereon:
26
27 A: Buildings which are abandoned, boarded up, partially destroyed, substantially
28 deteriorated, or left unreasonably in a state of partial construction without an
29 active building permit;
30
31 B. Unpainted, unmaintained and otherwise unprotected buildings, causing
32 deterioration in the form of dry rot, warping, buckling, twisting, bowing, and
33 infestations of various kinds;
34
35 C. Broken windows constituting hazardous conditions and inviting trespassers, illegal
36 and unauthorized uses, and malicious mischief;
37
38 D. Overgrown vegetation:
39
40 1. Causing detriment to neighboring properties or property values,
41
42 2. Causing a hazardous condition to pedestrian and/or vehicular traffic,
43
44 3. Likely to harbor rats, vermin and other nuisances;
45
46 E. Dead trees, weeds and debris:
47
48 1. Constituting unsightly appearance and/or odors,
49
50 2. Dangerous to public safety and welfare,
51
52 3. Detrimental to nearby property or property values;
Ordinance No. 2250 N.C.S. Page 4
1
2 4. A ready source of fuel for combustion;
3
4 F. Attractive nuisances dangerous or potentially dangerous to people in the form of:
5
6 1. Abandoned and/or broken equipment,
7
8 2. Pools, ponds or excavations, without adequate barriers,
9
10 3. Neglected, unprotected and/or unsecured machinery;
11
12 4. Unsecured and unoccupied abandoned buildings and structures;
13
14 G. Items such as, and similar to the following, and which are stored in yards and
15 visible from public streets and/or other properties.
16
17 1. Trash, junk, garbage, debris
18
19 2. Household goods,
20
21 3. Mattresses,
22
23 4. Cans of stains, paints and solvents,
24
25 5. Vehicle and/or bicycle tires, tire racks, rims, wheels, etc.,
26
27 b. Inoperative vehicles, vehicles in various states of disrepair, vehicle parts,
28
29 7. Cabinets,
30
31 8. Furniture,
32
33 9. Clothing,
34
35 10. Appliances,
36
37 11. Boxes,
38
39 12. Construction materials and/or tools,
40
41 13. Yard and garden equipment in excess of that which is reasonable and
42 acceptable for maintaining the property at which it is located,
43
44 14. Bicycles, scooters and like items in excess of that which is reasonable for
45 use by the current occupants of a property,
46
47 15. Items of any sort or of any quantity that are evidence of an illegal
48 operation or business, or create the appearance thereof,
49
50 16. Any other Refuse or Waste.
51
Ordinance No. 2250 N.C.S. Page 5
1 H. Maintenance of premises in such condition as to be detrimental to the public
2 health, safety or general welfare or in such manner as to constitute a public
3 nuisance as defined by Civil Code Section 3480;
4
5
6 I. Any building, structure or portion thereof built to code standards applicable at
7 the time of original construction, or areas of access which have any of the
8 following conditions or defects to a significant degree or as otherwise noted:
9
10 1. Whenever any door, aisle, passageway, stairway, window or other means
11 of exit is not of sufficient dimensions, or is not arranged so as to provide
12 safe and adequate means of egress, in case of fire or panic, for all
13 persons housed or assembled therein who would be required to, or might
14 use such door, aisle, passageway, stairway, window or other means of
15 exit,
16
17 2. Whenever any portion thereof has been damaged by earthquake, wind,
18 flood, rain or by any other cause, in such a manner that the structural
19 strength, stability or integrity thereof is appreciably less than is suitable for
20 occupancy and is .less than the minimum requirements of building code
21 regulations enforced by the City,
22
23 3. Whenever any portion of a building or any member, appurtenance or
24 ornamentation on the exterior thereof is likely to fall or to become
25 detached or dislodged or to collapse and thereby injure persons or
26 damage property,
27
28 4. Whenever any building, portion of a building or any member,
29 appurtenance or ornamentation on the exterior thereof is not of sufficient
30 strength or stability or is not so anchored, attached, or fastened in place
31 so as to be capable of resisting wind pressure, earthquake forces, live-
32 loads or dead-loads as specified in the building code regulations
33 enforced by the City without exceeding the working stresses permitted
34 therein,
35
36 5. Whenever any portion thereof has settled or otherwise been repositioned
37 or reconfigured so that structural portions of buildings and structures have
38 less resistance to winds, earthquakes and/or other forces than is
39 adequate for safe occupancy and/or as is otherwise required by building
40 code regulations enforced by the City,
41
42 6. Whenever buildings or structures, or any portion thereof, because of
43 dilapidation, deterioration, decay, faulty construction, infestations or the
44 removal, loss, or movement of a portion of the soil necessary to
45 adequately support such building structure or portion thereof, or some
46 other cause, is likely to partially or completely collapse, or some portion of
47 the foundation or underpinning is likely to fail, or otherwise fall or give way,
48
49 7. Whenever, for any reason whatsoever, the building or structure, or any
50 portion thereof, is manifestly unsafe for the purpose for which it is used or
51 intended to be used,
52
Ordinance No. 2250 N.C.S. Page 6
1 8. Whenever the building or structure has been so damaged by fire, wind,
2 earthquake, or flood, or has become so dilapidated or deteriorated as to
3 become an attractive nuisance to children who might play therein to their
4 danger, or as to afford a harbor for vagrants, criminals or immoral persons,
5 or as to enable persons to resort thereto for the purpose of committing
6 nuisance or unlawful or immoral acts,
7
8 9. Whenever a building or structure which has been constructed, now exists
9 or is maintained in violation of any requirements or prohibitions, applicable
10 to such building or structure, of the building and housing code regulations
11 enforced by the City,
12
13 10. Whenever a building or structure, used or intended to be or used for
14 dwelling purposes because of dilapidation, decay, damage, or faulty
15 construction or arrangement, or otherwise is unsanitary or unfit for human
16 habitation or is in a condition that is likely to cause sickness or disease
17 when so determined by the health officer, or is likely to contribute injury to
18 the health, safety or general welfare of those living within,
19
20 1 1. Whenever a building or structure, by reason of obsolescence,
21 dilapidation, deterioration, damage, substandard electric wiring, gas
22 connections, or heating apparatus, or similar conditions, is in such
23 condition as to be a fire hazard and is so situated as to endanger life or
24 other buildings or property in the vicinity, or provide a ready fuel supply to
25 augment the spread and intensity of fire arising from any cause,
26
27 12. Whenever any sidewalk or driveway which is debilitated, broken,
28 damaged, or raised to such a degree as to be injurious to property or
29 persons using the same.
30
31 l .10.070 Causina, Permittina, etc. a Violation.
32
33 Causing, permitting, aiding, abetting, contributing to, or concealing a violation of any provision
34 of this Code shall constitute a violation of such provision.
35
36 1.10.080 Separate and Continuina Violations.
37
38 A separate offense shall be deemed committed each day a violation of this Code occurs or
39 continues; any Penalty imposed for a violation, pursuant to Section 1.14.050, may be imposed on
40 a "per day" basis. Any condition of real property that constitutes a Nuisance condition where
41 the same, or substantially similar, condition has been the subject of two or more enforcement
42 actions within any three (3) month period is deemed to be a continuing violation. Any building
43 or structure that is set up, erected, constructed, altered, enlarged, converted, used, maintained,
44 moved, or demolished contrary to any provision of this Code, or contrary to any term or
45 condition of any license, permit or entitlement issued by or on behalf of the City, shall be
46 deemed a violation of this Code. Similarly, any use of land, building or premises that is
47 established, conducted, operated or maintained contrary to any license, permit, condition or
48 approval relating to the use of said land, or that is contrary to any provision of this Code shall be
49 deemed a violation of this Code.
50
51
52
Ordinance No. 2250 N.C.S. Page 7
1 Chapter 1.11 Property Inspections and Abatement
2
3 1.1 1.010 Authoritx to Inspect Property.
4
5 An Enforcement Officer may, upon presentation of proper credentials, enter upon any Affected
6 Property at any reasonable time to inspect the same or to perform any act or acts as may be
7 related to the performance of his or her enforcement duties, subject to the procedures .below.
8 inspections may include or involve the taking of photographs, samples, measurements, surveys,
9 or obtaining other physical evidence, and/or conferring with any person(s) present at Affected
10 Property or location, as permitted by law and consistent with legally recognized privacy rights. If
11 an Enforcement Officer has reasonable cause to believe that a condition exists that poses an
12 imminent or immediate threat of harm to persons or property, or to public health,. welfare or
13 safety, the Enforcement Officer may enter the Affected Property or location without prior
14 notification to the Owner or Occupant. In all other cases, an Enforcement Officer shall give the
15 Owner and/or Occupant, if the same can be located after reasonable effort, reasonable notice
16 of a request for consent to enter the Affected Property for purposes of conducting an
17 inspection. If an Owner or Occupant refuses entry after a request for entry has been properly
18 made or the Owner or Occupant cannot be located after reasonable effort, the Enforcement
19 Officer shall seek an Inspection Warrant from a court of competent jurisdiction, and the costs of
20 obtaining the Inspection Warrant shall be included as Costs of Abatement.
21
22 1.1 1.020 Authority to Obtain Records.
23
24 In any enforcement action, the City Attorney, Enforcement Officer, or Hearing Officer shall have
25 the right and authority to request and review records from the Responsible Party or any third
26 party that is, or may be, related to the subject matter of the enforcement action, and to make
27 copies of the same (at the expense of the City), in any manner authorized by law.
28
29 1.1 1.030 Authority to Abate Nuisance Conditions.
30
31 If an Abatement Order requires or authorizes the City to abate a Nuisance condition or to
32 correct any other violation of this Code, an authorized representative of the City may petition a
33 court of competent jurisdiction for an Abatement Warrant authorizing an Enforcement Officer or
34 any employee, authorized agent, representative or contractor of the City to enter onto any
35 Affected Property to abate the Nuisance condition. An Abatement Warrant, as contemplated
36 in this Section, shall be requested in the same manner, and be in substantially the same form, as
37 an Inspection Warrant. The costs of obtaining the Abatement Warrant may be included as
38 Costs of Abatement. The City shall seek the consent of the Responsible Party or Owner to allow
39 the City to perform the necessary work prior to seeking an Abatement Warrant from a court.
40
41 1.1 1.040 Execution of Inspection Warrant or Abatement Warrant.
42
43 Upon issuance of an Inspection Warrant or Abatement Warrant, as described in this Chapter, the
44 Enforcement Officer shall cause such Warrant to be executed in accordance with the
45 procedures set forth in Code of Civil Procedure § 1822.56.
46
47 Chapter 1.12 Criminal Enforcement of Code Violations
48
49 1.12.010 Authority to Make Arrests.
50
51 Any person employed in the classification police service aide, parking enforcement officer or
52 any other City employee assigned to enforcement of municipal ordinances is authorized to
Ordinance No. 2250 N.C.S. Page 8
1 exercise the powers contained in California Penal Code Section 836.5, including the power to
2 arrest without warrant upon reasonable cause and the power to issue citations, whenever such
3 employee has reasonable cause to believe that the person to be arrested or cited has
4 committed a violation of the provisions of the Petaluma Municipal Code or other statute such
5 officer is required to enforce. For employees other than police service aides or parking
6 enforcement officers, exercise of the power granted in this section shall be permitted only upon
7 written .notification by the City Manager or his designate to the enforcement employees, and
8 upon completion of necessary training in the power of arrest which may be required by the
9 California Penal Code.
10
11 1.12.020 Classification of Violations.
12
13 A. Any violation of this Code may be prosecuted as a criminal offense. Unless
14 expressly described as an infraction, a violation of any provision of this Code, or
15 failure to comply with any mandatory requirement hereof, shall constitute a
16 misdemeanor. Notwithstanding the preceding sentence, a violation of this Code
17 may, in the discretion of the prosecuting attorney or other enforcing authority, be
18 charged and prosecuted as an infraction.
19
20 B. Any person convicted of a misdemeanor pursuant to this Code, unless provision is
21 otherwise herein made, may be punished by a fine of not more than one
22 thousand dollars ($1,000.00) or by imprisonment in the County jail for a period of
23 not more than six (b) months or by both fine and imprisonment.
24
25 C. Any person convicted of an infraction pursuant to this Code may be punished by
26 a fine of not more than one hundred dollars ($100) for a first violation or a fine of
27 not more than two hundred dollars ($200) for a second violation of the same
28 Code section within one year. A third (or subsequent) violation of the same
29 Code section by the same person within a 12-month period may be charged
30 and prosecuted as a misdemeanor, even if such violation would otherwise be
31 described as an infraction.
32
33 D. Upon entry of a second or subsequent conviction against the same Responsible
34 Party within atwo-year period for a condition of Affected Property constituting a
35 Nuisance condition under this Ordinance, the court may require the Responsible
36 Party to pay to the City treble the cost of the abatement (except for conditions
37 abated pursuant to Health & Safety Code § 17980). Any costs awarded to the
38 city may be enforced in the manner described in Section 1.14.140 of this
39 Ordinance.
40
41 1.12.030 Criminal Citation Procedure.
42
43 A. If an Enforcement Officer elects to charge a Nuisance condition or violation of
44 this Code as a criminal violation, such Officer shall prepare in triplicate a written
45 Notice To Appear containing the name and address of such person, the
46 offense(s) charged, and the time and place where and when such. person shall
47 appear in court. The Enforcement Officer shall obtain the signature of the person
48 being cited and shall deliver to him/her a copy of the Notice to Appear. The
49 remaining copies will be retained by the Officer. The time specified in the Notice
50 to Appear must be at least forty-five (45) days after the date of the arrest.
51
Ordinance No. 2250 N.C.S. Page 9
1 B. As an alternative to the procedure set forth in subdivision A, the City Attorney
2 may prepare a criminal complaint and will handle the prosecution of the
3 violation thereafter.
4
5 1.12.040 Violations of Rules/Regulations of Subordinate Boards or Commissions.
6
7 Except as expressly provided in this Code, any conduct or activity that violates any rule or
8 regulation adopted by any subordinate board or commission established by the City Council
9 shall be prosecuted as an infraction if the Enforcement Officer elects to pursue criminal
10 enforcement of such violation. However, this provision shall not apply to any rule, permit,
11 condition or regulation adopted or imposed by the City Council or the Planning Commission, all
12 of which may be charged and prosecuted as misdemeanors.
13
14 Chapter 1.13 Violations Enforced by Civil Action
15
16 1.13.010 Civil Court Action.
17
18 The provisions of this Code may be enforced by a civil court action, prosecuted by the City
19 Attorney in the name of City or in the name of the People of the State of California.
20
21 1.13.020 Collection of Costs by the City.
22
23 Whenever the City Attorney is authorized or directed to commence or sustain any civil action or
24 proceeding, either at law or in equity, to enforce any provision of this Code, or any violation of a
25 rule, regulation or order promulgated or issued pursuant to this Code, or any term or condition of
26 an approval, permit or license granted by the City, or to enforce any provision of any contract
27 or agreement, or to enjoin or restrain any violation thereof, or to otherwise abate a Nuisance
28 condition or collect any sums of money on behalf of City, the prevailing party shall be entitled to
29 collect all costs and expenses of the same, including reasonable attorney's fees in an amount
30 not to exceed the amount of attorney's fees incurred by City, as authorized by Government
3'1 Code §38773.5(b), and any such award of costs and expenses shall be made a part of the
32 judgment. Upon entry of a second or subsequent civil judgment against the same Owner or
33 other Responsible Party within atwo-year period for a condition of real property constituting a
34 Nuisance condition (except for conditions abated pursuant to Health 8~ Safety Code § 17980),
35 the court issuing the judgment may order said Owner or other Responsible Party to pay treble
36 the cost of the abatement, pursuant to Government Code §38773.7.
37
38 Chapter 1.14 Administrative Enforcement
39
40 1.14.010 Authority of Enforcement Officer.
41
42 An Enforcement Officer shall have the authority to gain compliance with this Code, including
43 the power to issue a Notice of Violation ("NOV") as described below, the power to inspect
44 public and private property, the power to record a Notice of Violation against any property
45 related to the violation, and the power to carry out the provisions of an Abatement Order.
46
47 1.14.020 Notice of Violation.
48
49 A. Whenever an Enforcement Officer finds that a provision of this Code has been
50 violated, including but not limited to a failure to comply with a term or condition
51 imposed by any agreement, entitlement, permit, license or environmental
52 document issued or approved by or on behalf of City or the Petaluma
Ordinance No. 2250 N.C.S. Page 10
1 Community Development Commission, or a failure to comply with any other laws
2 the violation of which constitutes a Nuisance condition, and such Officer elects to
3 pursue administrative enforcement pursuant to this Ordinance, he or she may
4 issue the Responsible Party a NOV.' Such NOV shall be served on the
5 Responsible Party in the manner described in Section 1.14.020B. The Enforcement
6 Officer shall include the following information in the NOV:
7
8 1. The date and location of the violation,. including the address or other
9 description of the location where the violation occurred or is occurring
10 and a brief description of the conditions observed that constitute a
11 violation;
12
13 2. The name(s) of the Responsible Party(ies), if known.
14
15 3. The Code section(s) being violated and a description of the section(s);
16
17 4. Actions required to correct, abate or mitigate the Nuisance Condition or
18 Code violation, and a period of time during which action(s) shall be
19 commenced and completed, considering the factors listed in Section
20 1.14.040.
21
22 5. An order prohibiting the continuation or repeated occurrence of a
23 Nuisance condition or violation of this Code described in the NOV.
24
25 b. Except when the Enforcement Officer orders the Responsible Party to
26 appear at a hearing to show cause pursuant to Section 1.14.030, a
27 statement that the person upon whom the NOV is served may appeal the
28 determination that there is/are violation(s) as alleged, that the person
29 who was served with the NOV is the Responsible Party, or that the amount
30 of any administrative fine imposed is warranted. The NOV will instruct the
31 person being served as to the proper procedure and timeframe for
32 submitting an appeal.
33
34 7. If applicable, notice that failure to correct or abate the listed violations in
35 the NOV within the time specified will subject the Responsible Party to a
36 Penalty pursuant to Section l .l 4.050. If a Penalty will be imposed, the
37 NOV shall include the amount of the Penalty.
38
39 8. The signature of the citing Enforcement Officer and City contact
40 information (address, telephone number) for additional information..
41
42 B. The NOV shall be served upon the Responsible Party or Owner personally or by
43 U.S. mail, first-class postage prepaid, and if by such mail, it shall be sent to the last
44 known address listed on the most recent tax assessor's records. In the case of
45 personal service, service shall be deemed complete at the time of such delivery.
46 In the case of service by first-class mail, service shall be deemed complete at the
47 time of deposit into the United States mail. Where service is by first-class mail, a
48 copy of the NOV shall be conspicuously posted at the Affected Property when
49 reasonably practicable for a period of not less than three (3) calendar days prior
~ An NOV is not required if the Enforcement Officer determines that summary abatement is required,
pursuant to Chapter 1 .15 of this Ordinance.
Ordinance No: 2250 N.C.S. Page 1 1
1 to the first date that commencement of corrective action or abatement is to be
2 undertaken. The failure to receive a NOV sent via first-class mail shall not affect
3 the validity of any enforcement proceedings under this Ordinance.
4
5 C. Proof of service shall be certified by a written declaration under penalty of perjury
6 executed by the person effecting service, declaring the date, time, and manner
7 of service, and the date and place of posting, if applicable. The declaration shall
8 be affixed to a copy of the NOV and retained by the Enforcement Officer.
9
10 D. The failure of a NOV to satisfy all of the requirements of this provision shall not
11 affect the validity of any other enforcement proceedings under this Code.
12
13 1.14.030 Order to Show Cause Hearing
14
15 Subject to the provisions of Sections 1.14.010 through 1.14.020, above, any NOV issued by an
16 Enforcement Officer may include an order requiring the Responsible Party to appear at a
17 hearing to show cause why such Nuisance condition or other Code violation should not be
18 abated by City at the Responsible Party's expense. Such hearing shall be referred to as an
19 Order to Show Cause Hearing, or OSC Hearing. All OSC Hearings shall be conducted pursuant
20 to the procedures set forth in Sections 1.14.090 and 1.14.100, and subject to dll of the provisions
21 of this Chapter 1.14.
22
23 1.14.040 Time Allowed for Abatement.
24
25 In any NOV or Abatement Order issued, the time allowed for abatement shall be a "reasonable
26 time" based upon the circumstances of the particular violation, taking into consideration the
27 means required to abate the violation, the period of time that the violation has existed, and the
28 potential threat to public health and safety created by the violation. If the violation pertains to
29 building, plumbing, electrical, mechanical or other similar structural or zoning issues and does
30 not pose an imminent or immediate threat of harm to persons or property, or to public health,
31 welfare or safety, the Responsible Party shall be provided not less than fifteen (15) days in which
32 to abate or otherwise remedy the violation. The determination of timely compliance,
33 abatement, mitigation or elimination of the violation shall be made by the Enforcement Officer,
34 Hearing Officer, or other authorized city official.
35
36 1.14.050 Imposition of Penalties.
37
38 Any Nuisance Condition or violation of any provision of this Code, including a failure to comply
39 with a term or condition imposed by any agreement, entitlement, permit, license or
40 environmental document issued or approved by or on behalf of City or the Petaluma
41 Community Development Commission, or a failure to comply with any county, state or federal
42 law, may subject the Responsible Party to a Penalty imposed pursuant to City's general police
43 powers, and/or Government Code §§36901 and 53069.4. Whether to impose a Penalty shall be
44 within the discretion of the Enforcement Officer.
45
46 A. The amount of any Penalty that may be imposed for a violation that would
47 otherwise be an infraction shall not exceed the amounts set forth in Government
48 Code §36900(b), as amended from time to time. The amount of any Penalty that
49 may be imposed for all other violations (i.e., violations that would otherwise by
50 misdemeanors) shall not exceed $1,000.00 per day. In determining the amount of
51 a Penalty, the following factors should be taken into consideration:
52
Ordinance No. 2250 N.C.S. Page 12
1 1. Duration of the violation;
2
3 2. Frequency, re-occurrence, or number of violations by the same person;
4
5 3. Seriousness of the violation and/or its impact on the community and/or
6 the degree of culpability of the Responsible Party;
7
8 4. Justification, if any, for the existence, or continuance, of the violation;
9
10 5. Whether the violation is susceptible to restoration or other mitigation;
11
12 b. Good faith efforts to mitigate the violation or to come into compliance,
13 pursuant to the terms of the NOV or abatement order;
14
15 7. Sensitivity of any affected resource;
16
17 8. Any profits or other economic benefit realized by the Responsible Party
18 resulting, directly or indirectly, from the violation;
19
20 9. The City's Schedule of Administrative Penalties; and
21
22 10. Such other factors as justice may require.
23
24 B. Each and every day during any portion of which a nuisance condition exists or
25 continues may be deemed a separate and distinct violation for purposes of
26 setting the amount of Penalty to be imposed. Any Penalty imposed will accrue
27 on a daily basis from the date the Penalty becomes effective until the violation is
28 corrected.
29
30 C. Any Penalty amount is a debt owed to City. In addition to all other means of
31 enforcement, a Penalty may be enforced as a personal obligation of the
32 Responsible Party. If the violation is in connection with real property, a Penalty
33 may also be enforced by imposition of a lien or special assessment upon the real
34 property, as described in Section l .l 4.140. Any lien or special assessment
35 imposed upon real property shall remain in effect until the Penalty is paid in full.
36
37 D. The Hearing Officer, in his/her discretion, may suspend the imposition of any
38 applicable Penalty for a period of time not to exceed sixty (60) days during which
39 the Responsible Party has demonstrated a willingness to correct the violations
40 listed in the NOV or comply with an Abatement Order, or has applied for permits
41 required to achieve compliance and such permit applications are actively
42 pending before, or have already been issued by, city, the State, or other
43 appropriate governmental agency, or under any other circumstances that would
44 justify a suspension of the Penalty.
45
46 1.14.060 Payment and Collection of Penalty.
47
48 A. If a Penalty is imposed and the Responsible Party fails to appeal the Penalty as
49 specified in Section l .l 4:070, the Responsible Party shall pay the amount of the
50 Penalty within thirty (30) days of the effective date of the Penalty, unless an
51 extension of time is requested by the party against whom the Penalty is imposed
52 and the request is granted by the City Manager. Any Penalty imposed shall be
Ordinance No. 2250 N.C.S. Page 13
1 payable to City, or to a collection agency if the Penalty has been assigned to a
2 collection agency pursuant to subsection "C," below.
3
4 B. If the amount of any Penalty imposed for a violation relating to an Affected
5 Property has not been satisfied in full within sixty (60) days of the date due and
6 has not been successfully challenged by appeal or in court, the Penalty amount
7 may become a special assessment or lien against the Affected Property, as
8 provided in Section 1.14.140 of this Ordinance. If City elects to make any Penalty
9 a special assessment or lien against the Affected Property, a statement of the
10 amount due, and any additional costs or expenses that might be recoverable as
11 part of the enforcement action, shall be prepared and submitted to the City
12 Council for confirmation in accordance with the procedures described in Section
13 1.14.130.
14
15 C. Notwithstanding subsection "B," above, the amount of any unpaid Penalty may
16 be collected by commencement of a civil action to collect such Penalty, or in
17 any other manner provided by law for the collection of debts, including
18 assignment of the debt to a collection agency. Subject to the requirements of
19 this Ordinance and other applicable law, amounts assigned for collection are
20 subject to collection agency rules, regulations and policies. City shall be entitled
21 to recover any and all costs associated with collection of any such Penalty.
22
23 D. The payment of a Penalty by or on behalf of any Responsible Party shall not
24 relieve such Party from the responsibility of correcting, removing or abating the
25 Nuisance condition, or performing restoration where required, nor prevent further
26 proceedings under this Ordinance or any other authority to achieve the
27 correction, removal or abatement of the nuisance, or any required .restoration.
28
29 1.14.070 Appeal of NOV.
30
31 A. A person or entity named as the Responsible Party in a NOV may appeal the
32 determination that there is/are violation(s) as alleged in the NOV, that the person
33 or entity who was served with the NOV is the Responsible Party, that a Penalty or
34 the amount of a Penalty is warranted, or any other terms of a NOV. If an OSC
35 Hearing has been scheduled pursuant to Section 1.14.030, the OSC Hearing shall
36 serve as the Appeal Hearing authorized by this Section.
37
38 B. Any person appealing a NOV must obtain a "Request for Hearing" form from the
39 City Clerk, or his/her designee, located at Petaluma City Hall, 1 1 English Street,
40 Petaluma, California, 94952, and return it to the City Clerk, or his/her designee,
41 fully completed within fifteen (15) days from the date of service of the NOV.
42
43 C. At the time of returning the Request for Hearing Form to the City Clerk, or his/her
44 designee, the person or entity requesting the appeal hearing shall pay an appeal
45 processing fee of $200 and shall deposit in advance the amount of any fine. No
46 appeal shall proceed without payment of the fee at the time fhe appeal is filed
47 provided that the City Manager may waive or defer the appeal fee upon written
48 request for good cause shown. Good cause may include severe economic
49 hardship, significant attempts to comply with the notice and order, and other
50 factors indicating good faith attempts to comply.
51
Ordinance No. 2250 N.C.S. Page 14
1 D. Failure to timely submit a completed Request for Hearing form or to pay the
2 appeals processing fee of $200 and advance deposit of any fine constitutes a
3 waiver of the right to appeal and a failure to exhaust administrative remedies.
4
5 1.14.080 Enforcement Stayed During Appeal.
6
7 Enforcement of a NOV or Penalty shall be stayed during the pendency of an appeal therefrom
8 which is properly and timely filed, unless the City obtains an order from a court of competent
9 jurisdiction requiring or authorizing the abatement of the condition that is the subject of the
10 City's enforcement efforts.
11
12 1.14.090 Appeal Hearings.
13
14 A. An appeal hearing based on a Request for Hearing shall be set for a date not less
15 than ten (10) days nor more than sixty (60) days from the date the Request for
16 Hearing form is filed unless the Enforcement Officer determines that the matter is
17 urgent or that good cause exists for an extension of time, in which case the
18 hearing date may be shortened or extended, as warranted by the
19 circumstances.
20
21 B. A hearing under authority of this Section shall be conducted according to the
22 procedures set forth herein. The failure of the Responsible Party or other
23 interested party to appear at the hearing following proper notice shall constitute
24 a waiver of the right to be heard and a failure by such party to exhaust his/her
25 administrative remedies.
26
27 1. When a Request for Hearing is filed, the City Clerk, or his/her designee,
28 shall set the time and place for hearing pursuant to subsection "A,"
29 above, and shall serve a Notice of Hearing either personally or by U.S.
30 Mail, first-class postage prepaid, to the appellant at the address provided,
31 in the Request for Hearing form. The time for such hearing shall be no
32 sooner than ten (10) days from the date of service of the Notice of
33 Hearing.
34
35 2. At the place and time set forth in the Notice of Hearing, the Hearing
36 Officer shall conduct a hearing on the alleged violations. Any Responsible
37 Party or other interested person(s) may appear and offer evidence as to
38 whether a violation has occurred and/or whether the violation. continues
39 to exist, whether the person cited in the NOV is the Responsible Party for
40 any such violation, whether a Penalty or the amount of a Penalty is
41 warranted, or any other matter pertaining thereto. Evidence presented
42 by the Enforcement Officer or other official of the City tending to show
43 that a violation occurred and that the person named on the NOV is the
44 Responsible party shall establish a prima facie case that a violation, as
45 charged, actually existed and that the person named in the NOV is the
46 Responsible Party for the violation. The burden of proof shall then be on
47 the Responsible Party to refute such evidence. The standard to be
48 applied for meeting such burden shall be a preponderance of evidence.
49
50 3. The Hearing Officer shall consider written or oral testimony or other
51 evidence regarding the violation presented by the Responsible Party, the
52 Owner, the Occupant, any officer, employee, or agent of the City, and
Ordinance No. 2250 N.C.S. Page 15
1 any other interested party. Evidence offered during a hearing must be
2 credible and relevant in the estimation of the Hearing Officer, but formal
3 rules governing the presentation and consideration of evidence shall not
4 apply.
5
6 4. The Hearing Officer shall conduct the hearing, order the presentation of
7 evidence, and make any rulings necessary to address procedural issues
8 presented during the course of the hearing.
9
10 5. After receiving all of the evidence presented, the Hearing Officer may
11 then deliberate and consider what action, if any, should be taken, or may
12 adjourn the hearing and take the matter under consideration.
13
14 l .14.100 Decision of the Hearing_ Officer and Abatement Order.
15
16 A. Within ten (10) days following the conclusion of the hearing, the Hearing Officer
17 shall make a decision regarding the issues presented during the course of the
18 hearing, and the decision shall be based on a preponderance of the evidence.
19 After making a decision, the Hearing Officer may issue an Abatement Order. If
20 the Hearing Officer finds that no violation occurred, that the violation was
21 corrected within the specified time period, or that the person cited is not the
22 Responsible Party, the Hearing Officer may issue an Administrative Order to reflect
23 those facts.
24
25 B. The Responsible Party and any interested party requesting a copy of an
26 Abatement Order or Administrative Order shall be served with. a copy of said
27 Order in the same manner as used for service of a Notice of Hearing as described
28 in Section l .l 4.020B, above. Proof of service of the Abatement Order or
29 Administrative Order shall be certified by a written declaration under penalty of
30 perjury executed by the person effecting service, declaring the date, time, and
31 manner that service was made.
32
33 C. An Abatement Order shall become effective and enforceable immediately after
34 announcement or service of such Order unless the Order includes a later
35 effective date. It shall include a statement of the right to have the Order
36 judicially reviewed in the manner and in the timeframes specified in Section
37 1.14.1 10.
38
39 D. An Abatement Order may include any combination of the following remedies:
40
41 1. Impose or uphold a Penalty, subject to Government Code §§36900(6)
42 and 53069.4.
43
44 2. Issue a "cease and desist" order requiring the Responsible Party, or any
45 agent, representative, employee, or contractor of the Responsible Party,
46 to immediately stop any act, conduct, or condition, that is a violation of
47 this Code. A cease and desist order issued pursuant to this Section shall
48 be effective upon issuance and shall be served on the Responsible Party
49 in the manner specified in Section 1.14.020B of this Ordinance.
50
51 3. Require the Responsible Party to correct or eliminate any violation,
52 including a proposed schedule for correction or elimination of said
Ordinance No. 2250 N.C.S. Page 16
1 vioiation within a reasonable time. If a violation pertains to building,
2 plumbing, electrical, or any other structural or zoning issues and the
3 violation does not create an immediate threat to health. or safety, the
4 Responsible Party shall be provided at least fifteen (15) calendar days to
5 correct, abate, or otherwise remedy the violation.
6
7 4. Require the Responsible Party, or authorize City, to restore a site or
8 location that has been damaged or disturbed as a result of a violation of
9 this Code to apse-violation condition. Any order authorizing City to
10 undertake restoration efforts shall include provisions for the City to recover
11 all restoration costs and expenses, including administrative costs, from the
12 Responsible Party.
13
14 5. Require the Responsible Party, or authorize the City, to mitigate any
15 damage or disturbance to protected or environmentally sensitive areas as
16 a result of any violation, including without limitation, off-site replacement
17 of damaged or destroyed natural resources where on-site restoration or
18 mitigation is not feasible, as determined by the City. Any order authorizing
19 the City to undertake mitigation efforts shall include provisions for the City
20 to recover all costs of abatement, including mitigation costs and
21 expenses, from the Responsible Party.
22
23 6. Impose conditions that restrict or regulate the development of, use of, or
24 activity on real property where a nexus exists between the violation(s) and
25 the development, use or activity. Conditions may be imposed until the
26 violations are fully abated. Restrictions and regulations on current or
27 future development, use or activity may include site restoration and/or
28 the suspension or revocation. of any entitlements issued by City.
29
30 7. Authorize the City to abate or cause the abatement of a Nuisance
31 condition where the Responsible. Party has refused or has otherwise
32 neglected to take steps to correct or eliminate said conditions. The
33 Abatement Order shall specify that if the City undertakes to abate or
34 eliminate any Nuisance condition as provided in Section 1.1 1.030 of the
35 Ordinance, the city shall be entitled to recover all costs of abatement
36 incurred in performing such work and other costs necessary to enforce the
37 Order. Such costs may be recovered by the City as a personal obligation
38 and/or through a lien or a special assessment on the Affected property as
39 provided in Section 1.14.140 of this Ordinance.
40
41 8. Sustain, modify, or overrule a NOV issued by an Enforcement Officer.
42
43 9. Any other order or remedy that serves the interests of justice.
44
45 E. The City may seek to enforce any Abatement Order by confirmation from a court
46 of competent jurisdiction. Any Abatement Order that is judicially confirmed may
47 be enforced through all applicable judicial enforcement measures, including
48 without limitation, contempt proceedings upon a subsequent violation of such
49 Order.
50
51
52
Ordinance No. 2250 N.C.S. Page 17
1
2 1.14.1 10 Judicial Review.
3
4 A. Any Responsible Party who is aggrieved by a decision of a Hearing Officer, or of a
5 board, commission, department, agency, or person authorized to render such a
6 decision on behalf of city pursuant to this Ordinance, and who .has exhausted the
7 administrative remedies provided in this Code, or any other applicable law, shall
8 have the right to seek judicial review of such decision by filing a Petition for Writ of
9 Mandate in accordance with Code of Civil Procedure § 1094.5. A Petition for Writ
10 of Mandate must be filed within ninety (90) days after the administrative decision
11 becomes final (as determined in Code of Civil Procedure § 1094.6).
12
13 Notwithstanding these time limits, where a shorter time limitation is provided by
14 any other law, including that set forth in Government Code §53069.4 (see
15 subsection "e", below), such shorter time limit shall apply.
16
17 B. Written notice of the time limitation in which a party may seek judicial review of
18 an Abatement Order shall be given to all Responsible Parties in the matter by City
19 in substantially the following form:
20
21 "Judicial review of this decision may be sought by following the
22 procedure outlined in C.C.P. § 1094.5. Judicial review must be sought not
23 later than the 90'h day following the date on which this decision becomes
24 final, except that where a shorter time is provided by any State or Federal
25 law, such shorter time limit shall apply."
26
27 C. This Section shall not be deemed to revive any cause of action or grounds for
28 relief through a special proceeding that is barred by law or equity.
29
30 D. All costs of preparing an administrative record that may be recovered by a local
31 agency pursuant to C.C.P. § 1094.5 (a) or successor statute shall be paid by the
32 petitioner prior to delivery of the record to petitioner.
33
34 E. Any Responsible Party against whom a Penalty has been imposed and who has
35 exhausted the administrative remedies provided in this Code or other applicable
36 law may obtain judicial review of said Penalty pursuant to Government Code
37 §53069.4 by filing an appeal to the Sonoma County Superior Court, subject to the
38 time limits described therein. Any such appeal shall be filed as a limited civil case.
39 Written notice of the subject time limits shall be given fo all Responsible Parties
40 against whom a Penalty is imposed in substantially the following form:
41
42 "The time within which judicial review of the Penalty imposed by this Order
43 must be sought is governed by Government Code §53069.4. Judicial
44 review must be sought not later-than 20 days after service of the Order
45 imposing or confirming such Penalty."
46
47 1.14.120 Recovery of Costs of Abatement.
48
49 City may elect to recover its costs to abate Nuisance conditions or other Code violations,
50 including without limitation, the costs of any appeals hearing or OSC hearing (including staff
51 time necessary to prepare for and attend an appeals hearing or OSC hearing), any re-
52 inspections required to determine or confirm that compliance has been achieved, production
Ordinance No. 2250 N.C.S. Page 18
1 of all staff reports, environmental tests or measurements that are deemed necessary or
2 appropriate by the Enforcement Officer, third party inspection(s) or consultant services as
3 deemed necessary by the City and any attorney's fees incurred in pursuing enforcement. If City
4 elects at the initiation of an administrative enforcement action or proceeding to seek recovery
5 of attorney's fees, pursuant to Government Code §38773.5(b), then the prevailing party shall be
6 entitled to recover attorney's fees in an amount not to exceed the amount of attorney's fees
7 incurred by City in such action. Recovery by City of the costs of enforcement shall be in
8 addition to any Penalty imposed on the Responsible Party.
9
10 1.14.130 Cost Accounts.
11
12 A. If any order authorizes City to abate a Nuisance condition or other Code
13 violations, the City official responsible for such abatement shall keep an
14 accounting of the cost of abatement along with any other recoverable costs,
15 and shall render a written report ("the Cost Report") to the City Council showing
16 the cost of removing and/or abating the Nuisance condition and describing the
17 work performed. The Cost Report shall be agendized as a "public hearing" item
18 by the City Clerk at a subsequent City Council meeting following the required
19 notice periods.
20
21 B. At least ten (10) days prior to the submission of the Cost Report to the City
22 Council, the City Clerk, or his/her designee, shall cause a copy of the Cost Report
23 to be mailed to the Responsible Party and/or to the Owner of the property where
24 the nuisance condition existed. If the nuisance concerns real property, a copy of
25 the Cost Report shall be mailed to the Owner(s) at the address shown for such
26 Owner(s) on the last tax roll. The City Clerk, or his/her designee, shall also cause a
27 Notice of Hearing to be mailed to the same person(s) or entity receiving a copy
28 of the Cost Report. The Notice of Hearing shall set forth the date, time and
29 location of the City Council meeting at which the Cost Report shall be submitted
30 to the City Council.
. 31
'32 C. At the time and place fixed for receiving and considering the Cost Report, the
33 City Council shall hear a summary of the Cost Report and any objections by the
34 Responsible Party or property Owner against whom such costs are being charged
35 or against whose property an abatement lien or special assessment may be
36 imposed. After considering the Cost Report and any objections thereto, the City
37 Council may make such modifications to the Cost Report as it deems
38 appropriate, after which the Report may be confirmed by order of the City
39 Council.
40
41 D. A copy of a Council Order confirming costs against the Responsible Party shall be
42 served on the Responsible Party within ten (10) days of such Order in the manner
43 described in Section 1.14.020.8 of this Ordinance. Any Responsible Party against
44 whom costs of abatement and any other costs are awarded by Council Order
45 shall have the right to seek judicial review of such Order by filing a Petition for Writ
46 of Mandate in accordance with Code of Civil Procedure § 1094.5.
47
48 l .l 4.140 Imposition of Liens or Special Assessments.
49
50 A. Any Penalty imposed for violations of this Code, including any other codes or
51 statutes that have been incorporated into this Code, any administrative costs or
52 other expenses of enforcement, and the cost or expenses associated with the
Ordinance No. 2250 N.C.S. Page 19
1 abatement of a nuisance condition that are levied in accordance with this
2 Ordinance, whether imposed or levied judicially or administratively, may be
3 enforced by the recordation of a lien against the property of the Owner of the
4 real .property where the nuisance condition existed. Any such lien shall be
5 recorded in the Office of the Sonoma County Recorder, and from the date of
6 recording shall have the force, effect, and priority of a judgment lien. Alien
7 authorized by this subsection shall specify the amount of the lien, that the lien is
8 being imposed on behalf of City, the date of the NOV and Abatement Order, the
9 street address, legal description and assessor's parcel number of the parcel on
10 which the lien is imposed, and the name and address of the record Owner of the
11 parcel.
12
13 B. Before recordation of a lien authorized by this Section, a Notice of Lien shall be
14 served on the Responsible Party and/or Owner of record of the parcel of land on
15 which the nuisance existed, based on the last equalized assessment roll or the
16 supplemental roll, whichever is more current. The Notice of Lien shall be served in
17 the same manner as a summons in a civil action. If the Owner of record cannot
18 be found, after a diligent search, the Notice of Lien may be served by posting a
19 copy thereof in a conspicuous place upon the property for a period of ten (10)
20 days and publication thereof in a newspaper of general circulation published in
21 Sonoma County.
22
23 C. Any fee imposed on City by the County Recorder for costs of processing and
24 recording the lien as well as the cost of providing notice to the Owner in the
25 manner described herein may be recovered from the Owner in any foreclosure
26 action to enforce the lien following recordation.
27
28 D. As an alternative to the lien procedure described above, any Penalty imposed
29 for violations of this Code, including any other codes or statutes that have been
30 incorporated into this Code, and any costs of enforcement or administration or
31 expenses associated with the abatement of any nuisance levied in accordance
32 with this Ordinance, whether imposed or levied judicially or administratively, may
33 become a special assessment against the real property where the nuisance
34 condition(s) existed. Any special assessment imposed on peal property pursuant
35 to this Section may be collected at the same time and in the same manner as
36 ordinary municipal taxes are collected, and shall be subject to the same
37 penalties and the same procedure and sale in case of delinquency as is
38 provided for ordinary municipal taxes. Notice of any special assessment that is
39 levied on real property pursuant to this Section shall be given to the Owner by
40 certified mail, and shall contain the information set forth in Government Code
41 §38773.5 (c). All laws applicable to the levy, collection, and enforcement of
42 municipal taxes, including those described in Government Code §38773.5 (c),
43 shall be applicable to such special assessment.
44
45 Chapter 1.15 Supplementary Enforcement Authority
46
47 1.15.010 Summary Abatement Procedure.
48
49 Notwithstanding any other provision of this Code, whenever, in the reasonable judgment of the
50 Enforcement Officer, the existence or continuance of any violation of this Code or any Nuisance
51 condition poses an imminent or immediate threat of harm to persons or property, or to public
52 health, welfare or safety, an Enforcement Officer may act immediately and without prior notice
Ordinance No. 2250 N.C.S. Page 20
1 or hearing to abate such violation or condition. The expense or cost resulting from such
2 summary abatement shall be enforceable as a personal obligation of the Responsible Party and
3 may be imposed as a lien or a special assessment on real property, as described in Section
4 1.14.140.
5
6 1.15.020 Enforcement Methods Provided Herein Not Exclusive.
7
8 Nothing in this Ordinance shall prevent City from initiating any other legal or equitable
9 proceeding to obtain compliance or to discourage non-compliance with the provisions of this
10 Code. The enforcement procedures described in this Ordinance are intended to be alternative
11 methods of obtaining compliance or discouraging non-compliance and are expressly intended
12 to be in addition to any other remedies provided by law or this Code. It is the intent of the City
13 Council that the immunities prescribed in Penal Code § 836.5 and Government Code § 820.2
14 shall be applicable to the Enforcement Officer, and any other public officers or employees,.
15 acting in the course and scope of employment pursuant to this Ordinance.
16
17 1.15.030 No Mandatory Duty of Care.
18
19 This Ordinance is not intended to impose, and shall not be construed or given effect in a manner
20 that imposes, upon the city, or any officer, employee, agent, or representative of the city, a
21 mandatory duty of care toward persons or property within and without the city limits, so as to
22 provide a basis of civil liability for damages, except as may otherwise be imposed by law."
23
24
25 Section 4. This Ordinance is not intended to impose, and shall not be construed or given
26 effect in a manner that imposes, upon the city, or any officer, employee, agent, or
27 representative of the city, a mandatory duty of care toward persons or property within and
28 without the city limits, so as to provide a basis of civil liability for damages, except as may
29 otherwise be imposed by law.
30
31 Section 5. The City Manager is hereby authorized to undertake such further action as
32 necessary to carry out the intent of this Ordinance.
33
34 Section b. If any section, subsection, clause or phrase or word of this ordinance is for any
35 reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
36 jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance...
37 The City Council of the City of Petaluma hereby declares that it would have passed and
38 adopted this ordinance and each and all provisions thereof irrespective of the fact that any one
39 or more of said provisions be declare unconstitutional, unlawful or otherwise invalid.
40
41 Section 7. This ordinance shall become effective thirty (30) days after the date of its
42 adoption by the Petaluma City Council.
43
44 .Section 8. The City Clerk is hereby directed to post this ordinance for the period and in the
45 manner required by the City Charter.
46
47
48 INTRODUCED and ordered posted/wed this 19th day of June, 2006.
49
50 ADOPTED this 3~d day of July, 2006 by the following vote:
Ordinance No. 2250 N.C.S. Page 21
1
2 AYES: Harris, Healy, Nau, Torliatt
3 NOES: None
4 ABSENT: Mayor Glass, O'Brien
5
6 f
i
7 j - -
~i
8 l
9 Pamela Torliatt, Mayor Pro Tem
10
11
12 ATTEST: APPROVED AS TO FORM:
13
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15
16 Deborah L. Padovan, Deputy City Clerk Eric W. Danly, City Attor ey
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Ordinance No. 2250 N.C.S. Page 22