HomeMy WebLinkAboutOrdinance 2250 N.C.S. 07/03/20061
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
EFFECTIVE DATE
OF ORDINANCE
August 3, 2006
Introduced by
Mike Healy
ORDINANCE NO. 2250 N.C.S.
Seconded by
Mike Harris
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE
PETALUMA MUNICIPAL CODE BY REPEALING CHAPTERS 1.08, 1.12, AND 1.15 THEREOF,
AND ADDING SIX NEW CHAPTERS RELATING TO ENFORCEMENT OF CODE VIOLATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
WHEREAS, through its general police powers granted pursuant to the California
Constitution, and also pursuant to its Charter provisions and authority as a Charter City, the City
of Petaluma has the authority to enact and enforce municipal ordinances that are not in
conflict with or preempted by state or federal law; and,
WHEREAS, the existing provisions of the Municipal Code relating to code enforcement
and nuisance abatement do not provide sufficient alternative methods of enforcement so that
the City has available all the tools necessary for such actions; and,
WHEREAS, the City Council of the City of Petaluma finds that it is vital and necessary to
the public health, safety, and welfare to enact a comprehensive regulatory scheme of code
enforcement, providing the city of Petaluma with all available means to enforce applicable
laws and regulations of City; and,
WHEREAS, the City Council finds that the adoption of this ordinance is exempt from the
California Environmental Quality Act ("CEQA"), pursuant to Sections 15061 (b) (3) (no possibility
that the activity may have a significant impact on the environment), 15307(action for protection
of natural resources), and 15308 (actions for protection of the environment) of the CEQA
Guidelines (Title 14, Chapter 3 of the California Code of Regulations).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 1.08, Chapter 1.12, and Chapter 1.15 of the Petaluma Municipal Code
are hereby repealed in their entirety.
Section 2. Section 1.04.060 and Section 1.04.070 of the Petaluma Municipal Code are
hereby repealed in their entirety.
Section 3. Six new chapters, Chapters 1.10 through 1.15 are hereby added to the Petaluma
Municipal Code, to read as follows:
Ordinance No. 2250 N.C.S.
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
Chapter 1.10: Code Enforcement, Generally
1.10.010 Title.
This Ordinance shall be known as the "Code Enforcement Ordinance."
1.10.020 Purpose.
The City Council establishes the procedures set forth in this Ordinance for declaring and
addressing nuisance conditions and other violations of the Municipal Code, pursuant to
Government Code §36900, et seq., §38660, §§38771 through 38775, inclusive, §53069.4, §54988,
and all other statutes and laws referenced herein. The purpose of this Ordinance is to provide
criminal, civil, and administrative remedies, which shall be in addition to all other legal remedies
that may be pursued by City, to prevent, discourage, abate, or otherwise address any nuisance
condition or violation of this Code, as that term is defined below.
1.10.030 Definitions.
A. "Abatement Order" and "Administrative Order" shall mean an order issued by a
Hearing Officer following an appeal hearing or an Order to Show Cause hearing.
"Administrative costs" shall mean that segment of costs of abatement that
includes staff time expended that was reasonably related to enforcement
activities under this Ordinance. Administrative costs shall include, but not be
limited to, site inspections and re -inspections, third party inspections,
investigations, printing, research, preparation of summaries, reports, notices, and
the time and expense of preparing for and attending meetings and/or hearings
related to abatement proceedings. The hourly rate for staff time shall be set by
the City Council and may be revised from time to time.
C. "Affected Property" shall mean any real property or portions thereof within City
boundaries, including any buildings or other improvements located on such
property, where nuisance conditions or other code violations allegedly exist or
have previously existed.
D. "City" shall mean the City of Petaluma.
"Code" or "this Code" shall mean the City's Municipal Code, Zoning Ordinance,
all Uniform Codes that have been incorporated into City's Municipal Code, and
any applicable local, state or federal laws and regulations that are or may be
enforced by City, including without limitation, the State Housing Law (H&S Code
§ 17910 et seta.)
"Compliance" shall mean all actions required to remove, alleviate, eliminate,
halt, or mitigate a nuisance condition or other violation of this Code in the
manner and in the timeframe prescribed by an Enforcement Officer, Hearing
Officer, or City Council.
G. "Costs of abatement" shall mean all costs incurred by City in connection with
achieving compliance with an Abatement Order, including but not limited to,
Ordinance No. 2250 N.C.S.
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
any cost incurred by City in performing or contracting for work required to
achieve compliance with an Abatement Order, administrative costs, and costs of
prosecuting any nuisance condition or other violation of this Code, including
attorneys' fees, all as permitted by law.
H. "Day" or "days" shall mean calendar days.
"Enforcement action" shall mean any Notice of Violation, hearing, citation,
investigation, complaint or petition, or any administrative or judicial order under
authority of this Ordinance or pursuant to any other legal authority.
"Enforcement Officer" means any person authorized or directed by the City
Manager to enforce any provision of this Code, including any peace officer. In
addition to any other powers conferred upon him/her by this Code or by any
other law, an Enforcement Officer shall have the authority to issue a Notice to
Appear, or issue a Notice of Violation, as described in Section 1.14.020, below, if
the Enforcement Officer has cause to believe that a violation of this Code was, or
is being, committed or that any Nuisance conditions exist.
K. "Hearing Officer" shall mean any person or persons appointed by the City
Council, or by any person designated by the City Council to make the
appointment, to conduct a hearing pursuant to this Ordinance.
"Nuisance condition" shall mean any condition described in Civil Code § 3479 or
Section 1.10.060 of this Code, and shall also include, but not be limited to, any
violation of this Code.
M. "Occupant" shall mean the person or persons having a right of present possession
of the Affected Property, if other than the Owner, including without limitation,
tenant(s), subtenant(s), lessee(s), sublessee(s), or assignee(s), or any authorized
agent of same.
N. "This Ordinance" shall mean this Code Enforcement Ordinance as enacted and
as the some may be amended from time to time.
O. "Owner" shall mean the owner(s) of record of the Affected Property, and shall
include any authorized agent(s) of the owner(s) of record.
P. "Penalty" shall mean an administrative fine or penalty imposed on the
Responsible Party, pursuant to Section 1.14.050, below.
Q. "Responsible Party" shall mean any person, firm, association, club or organization
(including informal clubs or organizations), corporation, partnership, trust(ee), or
entity, and a parent or legal guardian of any person(s) under eighteen (18) years
of age, whose acts or omissions have caused or contributed to a violation of this
Code, and shall include any Owner(s) or Occupant(s) of the Affected Property.
1.10.040 Violation a Public Nuisance, Alternative Remedies Provided_
Any violation of this Code, including a continuing violation as described in Section 1.10.80, is
unlawful and is hereby declared to be a nuisance. Any violation of this Code may be
prosecuted or enforced through any of the enforcement remedies provided in this Ordinance.
Ordinance No. 2250 N.C.S.
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
In addition to the remedies provided in this Ordinance, the City expressly reserves the right to
utilize enforcement remedies available under any applicable state or federal statute or pursuant
to any other lawful power City may possess. All such remedies shall be alternative to or in
conjunction with, and not exclusive of, one another. The election of remedies provided by this
Ordinance or other applicable law shall be at the sole discretion of City officials. A Hearing
Officer may order the abatement of any Nuisance condition, including abatement by City,
following proper notice and an opportunity for a hearing. However, no notice or hearing is
required to abate a Nuisance condition pursuant to the summary abatement authority set forth
in Chapter 1.15 of this Ordinance.
1.10.050 Violation of License, Permit, Agreement or Approval.
It shall be a violation of this Code to violate any term or condition of any license, permit,
agreement, or approval granted or issued by any authorized agent, body or agency of the City,
including the Petaluma Community Development Commission. Any Responsible Party
(including, without limitation, any agent, employee, or contractor of the Responsible Party)
violating or contributing to the violation of any such term or condition shall be subject to
enforcement as provided in this Ordinance and in any other law.
1.10.060 Maintenance of Property
In addition to other conditions defined to be nuisances in this Ordinance or the Municipal Code,
it is declared a public nuisance for any person owning, leasing, occupying or having charge or
possession of any premises in this City to maintain such premises in such manner that any of the
following conditions, but not limited thereto, are found to exist thereon:
A. Buildings which are abandoned, boarded up, partially destroyed, substantially
deteriorated, or left unreasonably in a state of partial construction without an
active building permit;
Unpainted, unmaintained and otherwise unprotected buildings, causing
deterioration in the form of dry rot, warping, buckling, twisting, bowing, and
infestations of various kinds;
C. Broken windows constituting hazardous conditions and inviting trespassers, illegal
and unauthorized uses, and malicious mischief;
D. Overgrown vegetation:
Causing detriment to neighboring properties or property values,
2. Causing a hazardous condition to pedestrian and/or vehicular traffic,
3. Likely to harbor rats, vermin and other nuisances;
Dead trees, weeds and debris:
Constituting unsightly appearance and/or odors,
2. Dangerous to public safety and welfare,
3. Detrimental to nearby property or property values;
Ordinance No. 2250 N.C.S.
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
F
G
4. A ready source of fuel for combustion;
Attractive nuisances dangerous or potentially dangerous to people in the form of:
1. Abandoned and/or broken equipment,
2. Pools, ponds or excavations, without adequate barriers,
3. Neglected, unprotected and/or unsecured machinery;
4. Unsecured and unoccupied abandoned buildings and structures;
Items such as, and similar to the following, and which are stored in yards and
visible from public streets and/or other properties.
1. Trash, junk, garbage, debris
2. Household goods,
3. Mattresses,
4. Cans of stains, paints and solvents,
5. Vehicle and/or bicycle tires, tire racks, rims, wheels, etc.,
6. Inoperative vehicles, vehicles in various states of disrepair, vehicle parts,
7. Cabinets,
8. Furniture,
9. Clothing,
10. Appliances,
11. Boxes,
12. Construction materials and/or tools,
13. Yard and garden equipment in excess of that which is reasonable and
acceptable for maintaining the property at which it is located,
14. Bicycles, scooters and like items in excess of that which is reasonable for
use by the current occupants of a property,
15. Items of any sort or of any quantity that are evidence of an illegal
operation or business, or create the appearance thereof,
16. Any other Refuse or Waste.
Ordinance No. 2250 N.C.S. Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
H. Maintenance of premises in such condition as to be detrimental to the public
health, safety or general welfare or in such manner as to constitute a public
nuisance as defined by Civil Code Section 3480;
Any building, structure or portion thereof built to code standards applicable at
the time of original construction, or areas of access which have any of the
following conditions or defects to a significant degree or as otherwise noted:
Whenever any door, aisle, passageway, stairway, window or other means
of exit is not of sufficient dimensions, or is not arranged so as to provide
safe and adequate means of egress, in case of fire or panic, for all
persons housed or assembled therein who would be required to, or might
use such door, aisle, passageway, stairway, window or other means of
exit,
2. Whenever any portion thereof has been damaged by earthquake, wind,
flood, rain or by any other cause, in such a manner that the structural
strength, stability or integrity thereof is appreciably less than is suitable for
occupancy and is less than the minimum requirements of building code
regulations enforced by the City,
3. Whenever any portion of a building or any member, appurtenance or
ornamentation on the exterior thereof is likely to fall or to become
detached or dislodged or to collapse and thereby injure persons or
damage property,
4. Whenever any building, portion of a building or any member,
appurtenance or ornamentation on the exterior thereof is not of sufficient
strength or stability or is not so anchored, attached, or fastened in place
so as to be capable of resisting wind pressure, earthquake forces, live -
loads or dead -loads as specified in the building code regulations
enforced by the City without exceeding the working stresses permitted
therein,
5. Whenever any portion thereof has settled or otherwise been repositioned
or reconfigured so that structural portions of buildings and structures have
less resistance to winds, earthquakes and/or other forces than is
adequate for safe occupancy and/or as is otherwise required by building
code regulations enforced by the City,
Whenever buildings or structures, or any portion thereof, because of
dilapidation, deterioration, decay, faulty construction, infestations or the
removal, loss, or movement of a portion of the soil necessary to
adequately support such building structure or portion thereof, or some
other cause, is likely to partially or completely collapse, or some portion of
the foundation or underpinning is likely to fail, or otherwise fall or give way,
7. Whenever, for any reason whatsoever, the building or structure, or any
portion thereof, is manifestly unsafe for the purpose for which it is used or
intended to be used,
Ordinance No. 2250 N.C.S. Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
8. Whenever the building or structure has been so damaged by fire, wind,
earthquake, or flood, or has become so dilapidated or deteriorated as to
become an attractive nuisance to children who might play therein to their
danger, or as to afford a harbor for vagrants, criminals or immoral persons,
or as to enable persons to resort thereto for the purpose of committing
nuisance or unlawful or immoral acts,
9. Whenever a building or structure which has been constructed, now exists
or is maintained in violation of any requirements or prohibitions, applicable
to such building or structure, of the building and housing code regulations
enforced by the City,
10. Whenever a building or structure, used or intended to be or used for
dwelling purposes because of dilapidation, decay, damage, or faulty
construction or arrangement, or otherwise is unsanitary or unfit for human
habitation or is in a condition that is likely to cause sickness or disease
when so determined by the health officer, or is likely to contribute injury to
the health, safety or general welfare of those living within,
I]. Whenever a building or structure, by reason of obsolescence,
dilapidation, deterioration, damage, substandard electric wiring, gas
connections, or heating apparatus, or similar conditions, is in such
condition as to be a fire hazard and is so situated as to endanger life or
other buildings or property in the vicinity, or provide a ready fuel supply to
augment the spread and intensity of fire arising from any cause,
12. Whenever any sidewalk or driveway which is debilitated, broken,
damaged, or raised to such a degree as to be injurious to property or
persons using the same.
1.10.070 Causing, Permitting, etc. a Violation.
Causing, permitting, aiding, abetting, contributing to, or concealing a violation of any provision
of this Code shall constitute a violation of such provision.
1.10.080 Separate and Continuing Violations.
A separate offense shall be deemed committed each day a violation of this Code occurs or
continues; any Penalty imposed for a violation, pursuant to Section 1.14.050, may be imposed on
a "per day" basis. Any condition of real property that constitutes a Nuisance condition where
the same, or substantially similar, condition has been the subject of two or more enforcement
actions within any three (3) month period is deemed to be a continuing violation. Any building
or structure that is set up, erected, constructed, altered, enlarged, converted, used, maintained,
moved, or demolished contrary to any provision of this Code, or contrary to any term or
condition of any license, permit or entitlement issued by or on behalf of the City, shall be
deemed a violation of this Code. Similarly, any use of land, building or premises that is
established, conducted, operated or maintained contrary to any license, permit, condition or
approval relating to the use of said land, or that is contrary to any provision of this Code shall be
deemed a violation of this Code.
Ordinance No. 2250 N.C.S. Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
Chapter 1.11 Property Inspections and Abatement
1.1 1.010 Authority to Inspect Property.
An Enforcement Officer may, upon presentation of proper credentials, enter upon any Affected
Property at any reasonable time to inspect the same or to perform any act or acts as may be
related to the performance of his or her enforcement duties, subject to the procedures below.
Inspections may include or involve the taking of photographs, samples, measurements, surveys,
or obtaining other physical evidence, and/or conferring with any person(s) present at Affected
Property or location, as permitted by law and consistent with legally recognized privacy rights. If
an Enforcement Officer has reasonable cause to believe that a condition exists that poses an
imminent or immediate threat of harm to persons or property, or to public health, welfare or
safety, the Enforcement Officer may enter the Affected Property or location without prior
notification to the Owner or Occupant. In all other cases, an Enforcement Officer shall give the
Owner and/or Occupant, if the same can be located after reasonable effort, reasonable notice
of a request for consent to enter the Affected Property for purposes of conducting an
inspection. If an Owner or Occupant refuses entry after a request for entry has been properly
made or the Owner or Occupant cannot be located after reasonable effort, the Enforcement
Officer shall seek an Inspection Warrant from a court of competent jurisdiction, and the costs of
obtaining the Inspection Warrant shall be included as Costs of Abatement.
1.1 1.020 Authority to Obtain Records.
In any enforcement action, the City Attorney, Enforcement Officer, or Hearing Officer shall have
the right and authority to request and review records from the Responsible Party or any third
party that is, or may be, related to the subject matter of the enforcement action, and to make
copies of the same (at the expense of the City), in any manner authorized by law.
1.1 1.030 Authority to Abate Nuisance Conditions.
If an Abatement Order requires or authorizes the City to abate a Nuisance condition or to
correct any other violation of this Code, an authorized representative of the City may petition a
court of competent jurisdiction for an Abatement Warrant authorizing an Enforcement Officer or
any employee, authorized agent, representative or contractor of the City to enter onto any
Affected Property to abate the Nuisance condition. An Abatement Warrant, as contemplated
in this Section, shall be requested in the same manner, and be in substantially the same form, as
an Inspection Warrant. The costs of obtaining the Abatement Warrant may be included as
Costs of Abatement. The City shall seek the consent of the Responsible Party or Owner to allow
the City to perform the necessary work prior to seeking an Abatement Warrant from a court.
1.1 1.040 Execution of Inspection Warrant or Abatement Warrant.
Upon issuance of an Inspection Warrant or Abatement Warrant, as described in this Chapter, the
Enforcement Officer shall cause such Warrant to be executed in accordance with the
procedures set forth in Code of Civil Procedure § 1822.56.
Chapter 1.12 Criminal Enforcement of Code Violations
1.12.010 Authority to Make Arrests.
Any person employed in the classification police service aide, parking enforcement officer or
any other City employee assigned to enforcement of municipal ordinances is authorized to
Ordinance No. 2250 N.C.S.
Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
exercise the powers contained in California Penal Code Section 836.5, including the power to
arrest without warrant upon reasonable cause and the power to issue citations, whenever such
employee has reasonable cause to believe that the person to be arrested or cited has
committed a violation of the provisions of the Petaluma Municipal Code or other statute such
officer is required to enforce. For employees other than police service aides or parking
enforcement officers, exercise of the power granted in this section shall be permitted only upon
written notification by the City Manager or his designate to the enforcement employees, and
upon completion of necessary training in the power of arrest which may be required by the
California Penal Code.
1.12.020 Classification of Violations.
A. Any violation of this Code may be prosecuted as a criminal offense. Unless
expressly described as an infraction, a violation of any provision of this Code, or
failure to comply with any mandatory requirement hereof, shall constitute a
misdemeanor. Notwithstanding the preceding sentence, a violation of this Code
may, in the discretion of the prosecuting attorney or other enforcing authority, be
charged and prosecuted as an infraction.
Any person convicted of a misdemeanor pursuant to this Code, unless provision is
otherwise herein made, may be punished by a fine of not more than one
thousand dollars ($1,000.00) or by imprisonment in the County jail for a period of
not more than six (6) months or by both fine and imprisonment.
C. Any person convicted of an infraction pursuant to this Code may be punished by
a fine of not more than one hundred dollars ($100) for a first violation or a fine of
not more than two hundred dollars ($200) for a second violation of the some
Code section within one year. A third (or subsequent) violation of the same
Code section by the same person within a 12-month period may be charged
and prosecuted as a misdemeanor, even if such violation would otherwise be
described as an infraction.
D. Upon entry of a second or subsequent conviction against the same Responsible
Party within a two-year period for a condition of Affected Property constituting a
Nuisance condition under this Ordinance, the court may require the Responsible
Party to pay to the City treble the cost of the abatement (except for conditions
abated pursuant to Health & Safety Code § 17980). Any costs awarded to the
city may be enforced in the manner described in Section 1.14.140 of this
Ordinance.
1.12.030 Criminal Citation Procedure.
A. If an Enforcement Officer elects to charge a Nuisance condition or violation of
this Code as a criminal violation, such Officer shall prepare in triplicate a written
Notice To Appear containing the name and address of such person, the
offense(s) charged, and the time and place where and when such person shall
appear in court. The Enforcement Officer shall obtain the signature of the person
being cited and shall deliver to him/her a copy of the Notice to Appear. The
remaining copies will be retained by the Officer. The time specified in the Notice
to Appear must be at least forty-five (45) days after the date of the arrest.
Ordinance No. 2250 N.C.S. Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
B. As an alternative to the procedure set forth in subdivision A, the City Attorney
may prepare a criminal complaint and will handle the prosecution of the
violation thereafter.
1.12.040 Violations of Rules/Regulations of Subordinate Boards or Commissions.
Except as expressly provided in this Code, any conduct or activity that violates any rule or
regulation adopted by any subordinate board or commission established by the City Council
shall be prosecuted as an infraction if the Enforcement Officer elects to pursue criminal
enforcement of such violation. However, this provision shall not apply to any rule, permit,
condition or regulation adopted or imposed by the City Council or the Planning Commission, all
of which may be charged and prosecuted as misdemeanors.
Chapter 1.13 Violations Enforced by Civil Action
1.13.010 Civil Court Action.
The provisions of this Code may be enforced by a civil court action, prosecuted by the City
Attorney in the name of City or in the name of the People of the State of California.
1.13.020 Collection of Costs by the City.
Whenever the City Attorney is authorized or directed to commence or sustain any civil action or
proceeding, either at law or in equity, to enforce any provision of this Code, or any violation of a
rule, regulation or order promulgated or issued pursuant to this Code, or any term or condition of
an approval, permit or license granted by the City, or to enforce any provision of any contract
or agreement, or to enjoin or restrain any violation thereof, or to otherwise abate a Nuisance
condition or collect any sums of money on behalf of City, the prevailing party shall be entitled to
collect all costs and expenses of the same, including reasonable attorney's fees in an amount
not to exceed the amount of attorney's fees incurred by City, as authorized by Government
Code §38773.5(b), and any such award of costs and expenses shall be made a part of the
judgment. Upon entry of a second or subsequent civil judgment against the same Owner or
other Responsible Party within a two-year period for a condition of real property constituting a
Nuisance condition (except for conditions abated pursuant to Health & Safety Code § 17980),
the court issuing the judgment may order said Owner or other Responsible Party to pay treble
the cost of the abatement, pursuant to Government Code §38773.7.
Chapter 1.14 Administrative Enforcement
1.14.010 Authority of Enforcement Officer,
An Enforcement Officer shall have the authority to gain compliance with this Code, including
the power to issue a Notice of Violation ("NOV") as described below, the power to inspect
public and private property, the power to record a Notice of Violation against any property
related to the violation, and the power to carry out the provisions of an Abatement Order.
1.14.020 Notice of Violation.
A. Whenever an Enforcement Officer finds that a provision of this Code has been
violated, including but not limited to a failure to comply with a term or condition
imposed by any agreement, entitlement, permit, license or environmental
document issued or approved by or on behalf of City or the Petaluma
Ordinance No. 2250 N.C.S.
Page 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
Community Development Commission, or a failure to comply with any other laws
the violation of which constitutes a Nuisance condition, and such Officer elects to
pursue administrative enforcement pursuant to this Ordinance, he or she may
issue the Responsible Party a NOV.' Such NOV shall be served on the
Responsible Party in the manner described in Section 1.14.020B. The Enforcement
Officer shall include the following information in the NOV:
The date and location of the violation, including the address or other
description of the location where the violation occurred or is occurring
and a brief description of the conditions observed that constitute a
violation;
2. The name(s) of the Responsible Party(ies), if known.
3. The Code section(s) being violated and a description of the section(s);
4. Actions required to correct, abate or mitigate the Nuisance Condition or
Code violation, and a period of time during which action(s) shall be
commenced and completed, considering the factors listed in Section
1.14.040.
5. An order prohibiting the continuation or repeated occurrence of a
Nuisance condition or violation of this Code described in the NOV.
Except when the Enforcement Officer orders the Responsible Party to
appear at a hearing to show cause pursuant to Section 1.14.030, a
statement that the person upon whom the NOV is served may appeal the
determination that there is/are violation(s) as alleged, that the person
who was served with the NOV is the Responsible Party, or that the amount
of any administrative fine imposed is warranted. The NOV will instruct the
person being served as to the proper procedure and timeframe for
submitting an appeal.
If applicable, notice that failure to correct or abate the listed violations in
the NOV within the time specified will subject the Responsible Party to a
Penalty pursuant to Section 1.14.050. If a Penalty will be imposed, the
NOV shall include the amount of the Penalty.
8. The signature of the citing Enforcement Officer and City contact
information (address, telephone number) for additional information.
The NOV shall be served upon the Responsible Party or Owner personally or by
U.S. mail, first-class postage prepaid, and if by such mail, it shall be sent to the last
known address listed on the most recent tax assessor's records. In the case of
personal service, service shall be deemed complete at the time of such delivery.
In the case of service by first-class mail, service shall be deemed complete at the
time of deposit into the United States mail. Where service is by first-class mail, a
copy of the NOV shall be conspicuously posted at the Affected Property when
reasonably practicable for a period of not less than three (3) calendar days prior
I 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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
to the first date that commencement of corrective action or abatement is to be
undertaken. The failure to receive a NOV sent via first-class mail shall not affect
the validity of any enforcement proceedings under this Ordinance.
C. Proof of service shall be certified by a written declaration under penalty of perjury
executed by the person effecting service, declaring the date, time, and manner
of service, and the date and place of posting, if applicable. The declaration shall
be affixed to a copy of the NOV and retained by the Enforcement Officer.
D. The failure of a NOV to satisfy all of the requirements of this provision shall not
affect the validity of any other enforcement proceedings under this Code.
1.14.030 Order to Show Cause Hearinq
Subject to the provisions of Sections 1.14.010 through 1.14.020, above, any NOV issued by an
Enforcement Officer may include an order requiring the Responsible Party to appear at a
hearing to show cause why such Nuisance condition or other Code violation should not be
abated by City at the Responsible Party's expense. Such hearing shall be referred to as an
Order to Show Cause Hearing, or OSC Hearing. All OSC Hearings shall be conducted pursuant
to the procedures set forth in Sections 1.14.090 and 1.14.100, and subject to all of the provisions
of this Chapter 1.14.
1.14.040 Time Allowed for Abatement.
In any NOV or Abatement Order issued, the time allowed for abatement shall be a "reasonable
time" based upon the circumstances of the particular violation, taking into consideration the
means required to abate the violation, the period of time that the violation has existed, and the
potential threat to public health and safety created by the violation. If the violation pertains to
building, plumbing, electrical, mechanical or other similar structural or zoning issues and does
not pose an imminent or immediate threat of harm to persons or property, or to public health,
welfare or safety, the Responsible Party shall be provided not less than fifteen (15) days in which
to abate or otherwise remedy the violation. The determination of timely compliance,
abatement, mitigation or elimination of the violation shall be made by the Enforcement Officer,
Hearing Officer, or other authorized city official.
1.14.050 Imposition of Penalties.
Any Nuisance Condition or violation of any provision of this Code, including a failure to comply
with a term or condition imposed by any agreement, entitlement, permit, license or
environmental document issued or approved by or on behalf of City or the Petaluma
Community Development Commission, or a failure to comply with any county, state or federal
law, may subject the Responsible Party to a Penalty imposed pursuant to City's general police
powers, and/or Government Code §§36901 and 53069.4. Whether to impose a Penalty shall be
within the discretion of the Enforcement Officer.
A. The amount of any Penalty that may be imposed for a violation that would
otherwise be an infraction shall not exceed the amounts set forth in Government
Code §36900(b), as amended from time to time. The amount of any Penalty that
may be imposed for all other violations (i.e., violations that would otherwise by
misdemeanors) shall not exceed $1,000.00 per day. In determining the amount of
a Penalty, the following factors should be taken into consideration:
Ordinance No. 2250 N.C.S. Page 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
l . Duration of the violation;
2. Frequency, re -occurrence, or number of violations by the same person;
3. Seriousness of the violation and/or its impact on the community and/or
the degree of culpability of the Responsible Party;
4. Justification, if any, for the existence, or continuance, of the violation;
Whether the violation is susceptible to restoration or other mitigation;
Good faith efforts to mitigate the violation or to come into compliance,
pursuant to the terms of the NOV or abatement order;
Sensitivity of any affected resource;
Any profits or other economic benefit realized by the Responsible Party
resulting, directly or indirectly, from the violation;
The City's Schedule of Administrative Penalties; and
10. Such other factors as justice may require.
Each and every day during any portion of which a nuisance condition exists or
continues may be deemed a separate and distinct violation for purposes of
setting the amount of Penalty to be imposed. Any Penalty imposed will accrue
on a daily basis from the date the Penalty becomes effective until the violation is
corrected.
C. Any Penalty amount is a debt owed to City. In addition to all other means of
enforcement, a Penalty may be enforced as a personal obligation of the
Responsible Party. If the violation is in connection with real property, a Penalty
may also be enforced by imposition of a lien or special assessment upon the real
property, as described in Section 1.14.140. Any lien or special assessment
imposed upon real property shall remain in effect until the Penalty is paid in full.
D. The Hearing Officer, in his/her discretion, may suspend the imposition of any
applicable Penalty for a period of time not to exceed sixty (60) days during which
the Responsible Party has demonstrated a willingness to correct the violations
listed in the NOV or comply with an Abatement Order, or has applied for permits
required to achieve compliance and such permit applications are actively
pending before, or have already been issued by, city, the State, or other
appropriate governmental agency, or under any other circumstances that would
justify a suspension of the Penalty.
1.14.060 Payment and Collection of Penalty.
A. If a Penalty is imposed and the Responsible Party fails to appeal the Penalty as
specified in Section 1.14.070, the Responsible Party shall pay the amount of the
Penalty within thirty (30) days of the effective date of the Penalty, unless an
extension of time is requested by the party against whom the Penalty is imposed
and the request is granted by the City Manager. Any Penalty imposed shall be
Ordinance No. 2250 N.C.S. Page 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
payable to City, or to a collection agency if the Penalty has been assigned to a
collection agency pursuant to subsection "C," below.
B. If the amount of any Penalty imposed for a violation relating to an Affected
Property has not been satisfied in full within sixty (60) days of the date due and
has not been successfully challenged by appeal or in court, the Penalty amount
may become a special assessment or lien against the Affected Property, as
provided in Section 1.14.140 of this Ordinance. If City elects to make any Penalty
a special assessment or lien against the Affected Property, a statement of the
amount due, and any additional costs or expenses that might be recoverable as
part of the enforcement action, shall be prepared and submitted to the City
Council for confirmation in accordance with the procedures described in Section
1.14.130.
C. Notwithstanding subsection "B," above, the amount of any unpaid Penalty may
be collected by commencement of a civil action to collect such Penalty, or in
any other manner provided by law for the collection of debts, including
assignment of the debt to a collection agency. Subject to the requirements of
this Ordinance and other applicable law, amounts assigned for collection are
subject to collection agency rules, regulations and policies. City shall be entitled
to recover any and all costs associated with collection of any such Penalty.
D. The payment of a Penalty by or on behalf of any Responsible Party shall not
relieve such Party from the responsibility of correcting, removing or abating the
Nuisance condition, or performing restoration where required, nor prevent further
proceedings under this Ordinance or any other authority to achieve the
correction, removal or abatement of the nuisance, or any required restoration.
1.14.070 Appeal of NOV.
A. A person or entity named as the Responsible Party in a NOV may appeal the
determination that there is/are violation(s) as alleged in the NOV, that the person
or entity who was served with the NOV is the Responsible Party, that a Penalty or
the amount of a Penalty is warranted, or any other terms of a NOV. If an OSC
Hearing has been scheduled pursuant to Section 1.14.030, the OSC Hearing shall
serve as the Appeal Hearing authorized by this Section.
Any person appealing a NOV must obtain a "Request for Hearing" form from the
City Clerk, or his/her designee, located at Petaluma City Hall, 1 1 English Street,
Petaluma, California, 94952, and return it to the City Clerk, or his/her designee,
fully completed within fifteen (15) days from the date of service of the NOV.
C. At the time of returning the Request for Hearing Form to the City Clerk, or his/her
designee, the person or entity requesting the appeal hearing shall pay an appeal
processing fee of $200 and shall deposit in advance the amount of any fine. No
appeal shall proceed without payment of the fee at the time the appeal is filed
provided that the City Manager may waive or defer the appeal fee upon written
request for good cause shown. Good cause may include severe economic
hardship, significant attempts to comply with the notice and order, and other
factors indicating good faith attempts to comply.
Ordinance No. 2250 N.C.S. Page 14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
D. Failure to timely submit a completed Request for Hearing form or to pay the
appeals processing fee of $200 and advance deposit of any fine constitutes a
waiver of the right to appeal and a failure to exhaust administrative remedies.
1.14.080 Enforcement Stayed During Appeal.
Enforcement of a NOV or Penalty shall be stayed during the pendency of an appeal therefrom
which is properly and timely filed, unless the City obtains an order from a court of competent
jurisdiction requiring or authorizing the abatement of the condition that is the subject of the
City's enforcement efforts.
1.14.090 Appeal Hearings.
A. An appeal hearing based on a Request for Hearing shall be set for a date not less
than ten (10) days nor more than sixty (60) days from the date the Request for
Hearing form is filed unless the Enforcement Officer determines that the matter is
urgent or that good cause exists for an extension of time, in which case the
hearing date may be shortened or extended, as warranted by the
circumstances.
A hearing under authority of this Section shall be conducted according to the
procedures set forth herein. The failure of the Responsible Party or other
interested party to appear at the hearing following proper notice shall constitute
a waiver of the right to be heard and a failure by such party to exhaust his/her
administrative remedies.
When a Request for Hearing is filed, the City Clerk, or his/her designee,
shall set the time and place for hearing pursuant to subsection 'A"
above, and shall serve a Notice of Hearing either personally or by U.S.
Mail, first-class postage prepaid, to the appellant at the address provided
in the Request for Hearing form. The time for such hearing shall be no
sooner than ten (10) days from the date of service of the Notice of
Hearing.
2. At the place and time set forth in the Notice of Hearing, the Hearing
Officer shall conduct a hearing on the alleged violations. Any Responsible
Party or other interested person(s) may appear and offer evidence as to
whether a violation has occurred and/or whether the violation continues
to exist, whether the person cited in the NOV is the Responsible Party for
any such violation, whether a Penalty or the amount of a Penalty is
warranted, or any other matter pertaining thereto. Evidence presented
by the Enforcement Officer or other official of the City tending to show
that a violation occurred and that the person named on the NOV is the
Responsible party shall establish a prima facie case that a violation, as
charged, actually existed and that the person named in the NOV is the
Responsible Party for the violation. The burden of proof shall then be on
the Responsible Party to refute such evidence. The standard to be
applied for meeting such burden shall be a preponderance of evidence.
3. The Hearing Officer shall consider written or oral testimony or other
evidence regarding the violation presented by the Responsible Party, the
Owner, the Occupant, any officer, employee, or agent of the City, and
Ordinance No. 2250 N.C.S. Page 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
any other interested party. Evidence offered during a hearing must be
credible and relevant in the estimation of the Hearing Officer, but formal
rules governing the presentation and consideration of evidence shall not
apply.
4. The Hearing Officer shall conduct the hearing, order the presentation of
evidence, and make any rulings necessary to address procedural issues
presented during the course of the hearing.
5. After receiving all of the evidence presented, the Hearing Officer may
then deliberate and consider what action, if any, should be taken, or may
adjourn the hearing and take the matter under consideration.
1.14.100 Decision of the Hearing Officer and Abatement Order.
A. Within ten (10) days following the conclusion of the hearing, the Hearing Officer
shall make a decision regarding the issues presented during the course of the
hearing, and the decision shall be based on a preponderance of the evidence.
After making a decision, the Hearing Officer may issue an Abatement Order. If
the Hearing Officer finds that no violation occurred, that the violation was
corrected within the specified time period, or that the person cited is not the
Responsible Party, the Hearing Officer may issue an Administrative Order to reflect
those facts.
The Responsible Party and any interested party requesting a copy of an
Abatement Order or Administrative Order shall be served with a copy of said
Order in the same manner as used for service of a Notice of Hearing as described
in Section 1.14.020B, above. Proof of service of the Abatement Order or
Administrative Order shall be certified by a written declaration under penalty of
perjury executed by the person effecting service, declaring the date, time, and
manner that service was made.
C. An Abatement Order shall become effective and enforceable immediately after
announcement or service of such Order unless the Order includes a later
effective date. It shall include a statement of the right to have the Order
judicially reviewed in the manner and in the timeframes specified in Section
1.14.110.
D. An Abatement Order may include any combination of the following remedies:
Impose or uphold a Penalty, subject to Government Code §§36900(b)
and 53069.4.
Issue a "cease and desist" order requiring the Responsible Party, or any
agent, representative, employee, or contractor of the Responsible Party,
to immediately stop any act, conduct, or condition, that is a violation of
this Code. A cease and desist order issued pursuant to this Section shall
be effective upon issuance and shall be served on the Responsible Party
in the manner specified in Section 1.14.020B of this Ordinance.
3. Require the Responsible Party to correct or eliminate any violation,
including a proposed schedule for correction or elimination of said
Ordinance No. 2250 N.C.S.
Page 16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
violation within a reasonable time. If a violation pertains to building,
plumbing, electrical, or any other structural or zoning issues and the
violation does not create an immediate threat to health or safety, the
Responsible Party shall be provided at least fifteen (15) calendar days to
correct, abate, or otherwise remedy the violation.
4. Require the Responsible Party, or authorize City, to restore a site or
location that has been damaged or disturbed as a result of a violation of
this Code to a pre -violation condition. Any order authorizing City to
undertake restoration efforts shall include provisions for the City to recover
all restoration costs and expenses, including administrative costs, from the
Responsible Party.
5. Require the Responsible Party, or authorize the City, to mitigate any
damage or disturbance to protected or environmentally sensitive areas as
a result of any violation, including without limitation, off -site replacement
of damaged or destroyed natural resources where on -site restoration or
mitigation is not feasible, as determined by the City. Any order authorizing
the City to undertake mitigation efforts shall include provisions for the City
to recover all costs of abatement, including mitigation costs and
expenses, from the Responsible Party.
6. Impose conditions that restrict or regulate the development of, use of, or
activity on real property where a nexus exists between the violation(s) and
the development, use or activity. Conditions may be imposed until the
violations are fully abated. Restrictions and regulations on current or
future development, use or activity may include site restoration and/or
the suspension or revocation of any entitlements issued by City.
7. Authorize the City to abate or cause the abatement of a Nuisance
condition where the Responsible Party has refused or has otherwise
neglected to take steps to correct or eliminate said conditions. The
Abatement Order shall specify that if the City undertakes to abate or
eliminate any Nuisance condition as provided in Section 1.1 1.030 of the
Ordinance, the city shall be entitled to recover all costs of abatement
incurred in performing such work and other costs necessary to enforce the
Order. Such costs may be recovered by the City as a personal obligation
and/or through a lien or a special assessment on the Affected property as
provided in Section 1.14.140 of this Ordinance.
8. Sustain, modify, or overrule a NOV issued by an Enforcement Officer.
9. Any other order or remedy that serves the interests of justice.
E. The City may seek to enforce any Abatement Order by confirmation from a court
of competent jurisdiction. Any Abatement Order that is judicially confirmed may
be enforced through all applicable judicial enforcement measures, including
without limitation, contempt proceedings upon a subsequent violation of such
Order.
Ordinance No. 2250 N.C.S.
Page 17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
1.14.1 10 Judicial Review.
A. Any Responsible Party who is aggrieved by a decision of a Hearing Officer, or of a
board, commission, department, agency, or person authorized to render such a
decision on behalf of city pursuant to this Ordinance, and who has exhausted the
administrative remedies provided in this Code, or any other applicable law, shall
have the right to seek judicial review of such decision by filing a Petition for Writ of
Mandate in accordance with Code of Civil Procedure § 1094.5. A Petition for Writ
of Mandate must be filed within ninety (90) days after the administrative decision
becomes final (as determined in Code of Civil Procedure § 1094.6).
Notwithstanding these time limits, where a shorter time limitation is provided by
any other law, including that set forth in Government Code §53069.4 (see
subsection "e", below), such shorter time limit shall apply.
Written notice of the time limitation in which a party may seek judicial review of
an Abatement Order shall be given to all Responsible Parties in the matter by City
in substantially the following form:
"Judicial review of this decision may be sought by following the
procedure outlined in C.C.P. § 1094.5. Judicial review must be sought not
later than the 90'h day following the date on which this decision becomes
final, except that where a shorter time is provided by any State or Federal
law, such shorter time limit shall apply."
C. This Section shall not be deemed to revive any cause of action or grounds for
relief through a special proceeding that is barred by law or equity.
D. All costs of preparing an administrative record that may be recovered by a local
agency pursuant to C.C.P. § 1094.5 (a) or successor statute shall be paid by the
petitioner prior to delivery of the record to petitioner.
Any Responsible Party against whom a Penalty has been imposed and who has
exhausted the administrative remedies provided in this Code or other applicable
law may obtain judicial review of said Penalty pursuant to Government Code
§53069.4 by filing an appeal to the Sonoma County Superior Court, subject to the
time limits described therein. Any such appeal shall be filed as a limited civil case.
Written notice of the subject time limits shall be given to all Responsible Parties
against whom a Penalty is imposed in substantially the following form:
"The time within which judicial review of the Penalty imposed by this Order
must be sought is governed by Government Code §53069.4. Judicial
review must be sought not later than 20 days after service of the Order
imposing or confirming such Penalty."
1.14.120 Recovery of Costs of Abatement.
City may elect to recover its costs to abate Nuisance conditions or other Code violations,
including without limitation, the costs of any appeals hearing or OSC hearing (including staff
time necessary to prepare for and attend an appeals hearing or OSC hearing), any re -
inspections required to determine or confirm that compliance has been achieved, production
Ordinance No. 2250 N.C.S.
Page 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
of all staff reports, environmental tests or measurements that are deemed necessary or
appropriate by the Enforcement Officer, third party inspection(s) or consultant services as
deemed necessary by the City and any attorney's fees incurred in pursuing enforcement. If City
elects at the initiation of an administrative enforcement action or proceeding to seek recovery
of attorney's fees, pursuant to Government Code §38773.5(b), then the prevailing party shall be
entitled to recover attorney's fees in an amount not to exceed the amount of attorney's fees
incurred by City in such action. Recovery by City of the costs of enforcement shall be in
addition to any Penalty imposed on the Responsible Party.
1.14.130 Cost Accounts.
A. If any order authorizes City to abate a Nuisance condition or other Code
violations, the City official responsible for such abatement shall keep an
accounting of the cost of abatement along with any other recoverable costs,
and shall render a written report ("the Cost Report") to the City Council showing
the cost of removing and/or abating the Nuisance condition and describing the
work performed. The Cost Report shall be agendized as a "public hearing" item
by the City Clerk at a subsequent City Council meeting following the required
notice periods.
At least ten (10) days prior to the submission of the Cost Report to the City
Council, the City Clerk, or his/her designee, shall cause a copy of the Cost Report
to be mailed to the Responsible Party and/or to the Owner of the property where
the nuisance condition existed. If the nuisance concerns real property, a copy of
the Cost Report shall be mailed to the Owner(s) at the address shown for such
Owner(s) on the last tax roll. The City Clerk, or his/her designee, shall also cause a
Notice of Hearing to be mailed to the same person(s) or entity receiving a copy
of the Cost Report. The Notice of Hearing shall set forth the date, time and
location of the City Council meeting at which the Cost Report shall be submitted
to the City Council.
C. At the time and place fixed for receiving and considering the Cost Report, the
City Council shall hear a summary of the Cost Report and any objections by the
Responsible Party or property Owner against whom such costs are being charged
or against whose property an abatement lien or special assessment may be
imposed. After considering the Cost Report and any objections thereto, the City
Council may make such modifications to the Cost Report as it deems
appropriate, after which the Report may be confirmed by order of the City
Council.
D. A copy of a Council Order confirming costs against the Responsible Party shall be
served on the Responsible Party within ten (10) days of such Order in the manner
described in Section 1.14.020.B of this Ordinance. Any Responsible Party against
whom costs of abatement and any other costs are awarded by Council Order
shall have the right to seek judicial review of such Order by filing a Petition for Writ
of Mandate in accordance with Code of Civil Procedure § 1094.5.
1.14.140 Imposition of Liens or Special Assessments.
A. Any Penalty imposed for violations of this Code, including any other codes or
statutes that have been incorporated into this Code, any administrative costs or
other expenses of enforcement, and the cost or expenses associated with the
Ordinance No. 2250 N.C.S. Page 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
abatement of a nuisance condition that are levied in accordance with this
Ordinance, whether imposed or levied judicially or administratively, may be
enforced by the recordation of a lien against the property of the Owner of the
real property where the nuisance condition existed. Any such lien shall be
recorded in the Office of the Sonoma County Recorder, and from the date of
recording shall have the force, effect, and priority of a judgment lien. A lien
authorized by this subsection shall specify the amount of the lien, that the lien is
being imposed on behalf of City, the date of the NOV and Abatement Order, the
street address, legal description and assessor's parcel number of the parcel on
which the lien is imposed, and the name and address of the record Owner of the
parcel.
B. Before recordation of a lien authorized by this Section, a Notice of Lien shall be
served on the Responsible Party and/or Owner of record of the parcel of land on
which the nuisance existed, based on the last equalized assessment roll or the
supplemental roll, whichever is more current. The Notice of Lien shall be served in
the same manner as a summons in a civil action. If the Owner of record cannot
be found, after a diligent search, the Notice of Lien may be served by posting a
copy thereof in a conspicuous place upon the property for a period of ten (10)
days and publication thereof in a newspaper of general circulation published in
Sonoma County.
C. Any fee imposed on City by the County Recorder for costs of processing and
recording the lien as well as the cost of providing notice to the Owner in the
manner described herein may be recovered from the Owner in any foreclosure
action to enforce the lien following recordation.
D. As an alternative to the lien procedure described above, any Penalty imposed
for violations of this Code, including any other codes or statutes that have been
incorporated into this Code, and any costs of enforcement or administration or
expenses associated with the abatement of any nuisance levied in accordance
with this Ordinance, whether imposed or levied judicially or administratively, may
become a special assessment against the real property where the nuisance
conditions) existed. Any special assessment imposed on real property pursuant
to this Section may 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 and sale in case of delinquency as is
provided for ordinary municipal taxes. Notice of any special assessment that is
levied on real property pursuant to this Section shall be given to the Owner by
certified mail, and shall contain the information set forth in Government Code
§38773.5 (c). All laws applicable to the levy, collection, and enforcement of
municipal taxes, including those described in Government Code §38773.5 (c),
shall be applicable to such special assessment.
Chapter 1.15 Supplementary Enforcement Authority
1.15.010 Summary Abatement Procedure.
Notwithstanding any other provision of this Code, whenever, in the reasonable judgment of the
Enforcement Officer, the existence or continuance of any violation of this Code or any Nuisance
condition poses an imminent or immediate threat of harm to persons or property, or to public
health, welfare or safety, an Enforcement Officer may act immediately and without prior notice
Ordinance No. 2250 N.C.S.
Page 20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
or hearing to abate such violation or condition. The expense or cost resulting from such
summary abatement shall be enforceable as a personal obligation of the Responsible Party and
may be imposed as a lien or a special assessment on real property, as described in Section
1,14.140.
1.15.020 Enforcement Methods Provided Herein Not Exclusive.
Nothing in this Ordinance shall prevent City from initiating any other legal or equitable
proceeding to obtain compliance or to discourage non-compliance with the provisions of this
Code. The enforcement procedures described in this Ordinance are intended to be alternative
methods of obtaining compliance or discouraging non-compliance and are expressly intended
to be in addition to any other remedies provided by law or this Code. It is the intent of the City
Council that the immunities prescribed in Penal Code § 836.5 and Government Code § 820.2
shall be applicable to the Enforcement Officer, and any other public officers or employees,
acting in the course and scope of employment pursuant to this Ordinance.
1.15.030 No Mandatory Duty of Care.
This Ordinance is not intended to impose, and shall not be construed or given effect in a manner
that imposes, upon the city, or any officer, employee, agent, or representative of the city, a
mandatory duty of care toward persons or property within and without the city limits, so as to
provide a basis of civil liability for damages, except as may otherwise be imposed by law."
Section 4. This Ordinance is not intended to impose, and shall not be construed or given
effect in a manner that imposes, upon the city, or any officer, employee, agent, or
representative of the city, a mandatory duty of care toward persons or property within and
without the city limits, so as to provide a basis of civil liability for damages, except as may
otherwise be imposed by law.
Section 5. The City Manager is hereby authorized to undertake such further action as
necessary to carry out the intent of this Ordinance.
Section 6. If any section, subsection, clause or phrase or word of this ordinance is for any
reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
The City Council of the City of Petaluma hereby declares that it would have passed and
adopted this ordinance and each and all provisions thereof irrespective of the fact that any one
or more of said provisions be declare unconstitutional, unlawful or otherwise invalid.
Section 7. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 8. The City Clerk is hereby directed to post this ordinance for the period and in the
manner required by the City Charter.
INTRODUCED and ordered posted/wed this 19th day of June, 2006.
50 ADOPTED this 3rd day of July, 2006 by the following vote:
Ordinance No. 2250 N.C.S. Page 21
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
AYES: Harris, Healy, Nau, Torliatt
NOES: None
ABSENT: Mayor Glass, O'Brien
ATTEST:
Deborah L. Paclovan, Deputy City Clerk
APPROVED AS TO F
Eric W. Danly, City Atto
Ordinance No. 2250 N.C.S.
Page 22