HomeMy WebLinkAboutStaff Report 5.D 10/15/2012 •A e4'Lda' /tenni#5 . lD
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DATE: October 15, 2012
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Patrick Williams; Police Chief
SUBJECT: Discussion,and Direction Regarding Development of an Abandoned Residential
Property Registration Program
RECOMMENDATION
It is recommended that the City Councilreceiye a presentation relative to the development of an
Abandoned Residential Property Registration Program:
BACKGROUND
Foreclosures have•increased in number and those properties that are vacant and abandoned are
having,a negative impact on the surrounding neighborhood and community as a whole. Current
figures indicate that about 3.00 homes in the City of Petaluma are in various stages of
foreclosure, auction or are bank-owned.
DISCUSSION
The housing market,though showing some,signs of recovery, has led to an overall increase in
financially distressed properties. Properties that are in foreclosure and those that are vacant and
abandoned can have a negative impact on.the surrounding,neighborhood and community as a
whole. It is not,unusual for homes that are in the foreclosure process'to sit vacant and
unmaintained for months on end. This impact destabilizes neighborhoods, encourages vandalism
and other forms of criminal activity, and contributes to lower property values. Current figures
indicate.that-about-300 homes in the City of Petaluma are currently in various stages of
foreclosure, auction or are•bank-owned.
To protect residential neighborhoods and keep property values from dropping, staff is proposing
that the City Council adopt a program that forces lenders to maintain homes they enter the
foreclosure process with, and to register these properties with the City. Modeled on initiatives in
Chicago, Detroit, Chula Vista, Indio and Desert Hot Springs, the program will require lenders to
hire local property management firms to'preventvacant homes from becoming neglected.
Lenders can be held accountable for a home even before the foreclosure is complete because the
Agenda Review:
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City Attorne Finance Director City Manager
property is security for the;loan. This program puts responsibility back on the lender earlier than
the current process employed bythe City.
The program would be paid-for by fee charged to the lenders when they register an abandoned
property with the City:The program"would kick in-with the first notice of default. At that point, a
lender would be required to;check to set whether anyone is living in the horse: If not, the lender
would be required to hire a;property management firm'to prevent anysign of disrepair from
appearing. The local property management company would be required to inspect the property
on a weekly basis to determine if the property is incompliance with the requirements of the
ordinance. If the property is found to be in noncompliance, or if notification of noncompliance is
reported, the local property_management company would be required-to.bring the property back
into compliance within 72''hours.
The proposed program would require that the property be posted with the name and 24-hour
contact number of property management company responsible for the weekly inspection,
maintenance and security of the property. This'removes the City's,Code Enforcement Division
from spending limited resources to act as the property manager. It would also provide neighbors
with direct contact with a responsible party. It is hoped that the combination of observant
neighbors and an.accessible'local-responsible party would deter and arrest any potential
deterioration of abandoned properties having a negative impact on the surrounding neighborhood
and the community as a whole.
Violations of the ordinance could be enforced in any combination as permitted by Title One of
the City of Petaluma Municipal Code (Code Enforcement) including: 1) Administrative Citations
($100 for first violation, $500-for second violation, $1000 for third and each subsequent
violation);2) issuance ofa-notice of violation in lieu of issuing an administrative citation (up to
$1,000 per day, per:violation); 3)issuance of aMisdemeanor violation (fine in the amount-not to
exceed $1000 and/or imprisonment for a period not to exceed 6 months); and any other
enforcement and legal remedies available to the City under the law including recovery of
attorneys' fees.
Staff believes this program will reduce blight, discourage;triminal activity and reduce the
amount of calls to Police and Code Enforcement. Due to budgetary constraints, Code
Enforcement has not,had the ability to track foreclosure properties during the abatement process.
Using key word searches, violation types, and case review, it is estimated that out of 495 cases
opened since,September of 2010, 10% of these cases involved a property that was in financial
hardship: Staff recommends that the City Council provide comment on the attached draft of a
proposed ordinance which would amend the City's Municipal Code. Council feedback will be
used to develop (as appropriate to that feedback) a-£mal version of an ordinance establishing an
Abandoned Residential Property Registration Program.
FINANCIAL IMPACTS
There is no impact to the City's General Fund as a result of this action as this program will be
self sufficient through funds collected, and at worst be revenueneutral.
Based on a.currentfiguregof 300 parcels'within the City of Petaluma that are in financial
hardship, and a fee of$150 per year per parcel that enters into'the'foreclosure process, it is
estimated.that this program can bring in $45,000 of fee based revenue per year on registration
fees alone. This does not.take,into account penalties that can be imposed on financial institutions
that fail to comply with the ordinance. State law allows municipalities to impose penalties up to
$1,000 per day, per violation,for failure to maintain a property. Using the historical data of cases
opened by Code Enforcement, it is estimated that approximately$20;000:in additional citation
revenue can be achieved for failure to comply. However, using dedicated staff to enforce
compliance with these properties will result in less time between compliance dates and actual
inspections. The decrease in time can result in more citations being issued. It is proposed that the
City seek a third-party vendor to administer and,implement the Abandoned Residential Property
Registration Program. Approximately 20% of the cases currently handled by the Neighborhood
Preservation Coordinator would.be=turned over to a vendor dedicated to,this program. This
would free up time to allow staff to enforce property maintenance standards throughout the city.
ATTACHMENTS
1. Draft.Ordinance
ORDINANCE NO.
.AN ORDINANCE OF THE CITY' COUNCIL OF THE CITY OF PETALUMA,
CALIFORNIA, AMENDING TITLE 8: GENERAL REGULATIONS OF THE CITY OF
PETALUMA MUNICIPAL, cooE, BY ADDING CHAPTER 8.40, ABANDONED
RESIDENTIAL PROPERTY REGISTRATIQN, REQUIRING LENDERS TO ,MAINTAIN
HOMES THEY SEIZE AND REGISTER THE ABANDONED PROPERTIES WITH THE
CITY
WHEREAS,. the City of Petaluma desires amend Title 8, General Regulations of the City of Petaluma
Municipal Code by adding Chapter 8.40, Abandoned Residential Property„Registration; and
WHEREAS;:current estimates indibate that about 300 homes in the City of Petaluma are currently in various
stages of foreclosure, auction or bank-owned; and
WHEREAS, the- City Council finds that the presence of vacant, abandoned residences can lead to
neighborhood decline create an attractive public nuisance contribute lower property values, discourage
potential buyers from purchasing a home adjacent to or in neighborhoods with vacant abandoned residences
and
WHEREAS, the City of Petalurra desires to establish:an abandoned residential registration program
aoan000haniom \o protect residential' neighborhoods"(rnh) bocvnn/nAh|iAhted \houAhtha |ackofadoquo<o
maintenance and secürityof abandoned prb'perties; and
WHEREAS notice of the public heanng of the City Council of the City of Petalunia to consider the proposed
Ordinance Zoning was wasgivenin accordance with applicable law;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY()FPETALUMA DOES HEREBY ORDAIN:
SECTION 1. That this Ordinance is adopted pursuant to8iyn police, public health, welfare and safety powers
and findings incOrporate the purpose of .the Ordinance, as stated •in Sebtion 840.010 (Purpose/scope) of
Chapter 840' ao set frnbin Exhibit 4' and incorporated by reference herein; and
SECTION 2. That Title 8: General Regulation of City of Petaluma Municipal Code is hereby amended by
adding Chapter 8.40, Abandoned Residential Property Registration as set forth in Exhibit A,,and incorporated
by reference herein requiring lenders to maintain homes they seize and register the abandoned properties with
the City of Petaluma; and
SECTION 3. CEQA. That the requested text amendment was found to ho Categorically Exempt under Class 5,
Minor Altérationsih Land Use Liñiitãtions. (Section 15305 of the CEQA Guidelihe ). TherefOre; no fUrther
environmelital review is required and
SECTION.4.'SEVERABILITY. If any.section, subsection or clause of this Ordinance shall-betlderried to be
unconstitutional otherwise invalid, the theValidity of the remaining sections, sUbsectiOns and'claUses shall not
be effected thereby;-and
SECTION 5. CONFLICT. All ordinances-or parts of ordinances in conflict with the provisions of this Ordinance
are hereby repeâlëd .and
SECTION 6: The Mayor shall sign the City Clerk shell certify k/ thopasna0oandadnpdonufNio
Ordinance. The City Clerk shall Pnot,thh Ordinance within the time and manner prescribed by law.
This Ordinance shall take effect-thirty (30) days after the date of its adoption, and prior to the expiration of
fifteen (15) days from that passage thereof èhall be published published at least once in a newspaper of general
circulation in the City of PetalUma, afid'henceforth and thereafter, the same shall-be in full force and effect.
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Chapter 8.40 ABANDONED RESIDENTIAL PROPERTY REGISTRATION
8.40.010 Purpose and findings
It is.the purpose and'intent of the City Council of-the City,ofiPetaluma, through the•adoption of this
chapter, to establish an abandoned and distressed residential property registration program as a mechanism to
protect residential neighborhoods.from becoming blightedsthrough the-lack of adequate maintenance;and
security of abandoned properties and to establish uniform and reasonable regulations to prevent immediate risk
and detrimental effects associated with abandoned anddistressed,properties:
The City Council of the Cityof Petaluma finds that abandoned.and distressed residential properties
pose a.risk to the public peace, health and:safety of citizens in:that the detrimentafeffects from the lack of
securit i and maintenance:of abandoned and distressed residential properties endangers children unprotected
from unsecured pools and other attractive nuisances,lead to neighborhood decline, contribute to lower
property values, discourage potential buyers from purchasing a home adjacent to or in the neighborhoods with
abandoned and distressed residences ;and further endangers neighborhoods affected by the resulting
squatting, vandalism, burglaries and other crimes.
The City Council of the;City of Petaluma further finds that the City:will incur additional costs:in
administering and implementing the abandoned and distressed.residential.properties registration program and
that it is in the best interests of the public,forthe City to recover the said bests through imposition of a
registration fee.
8:40.020 Definitions.
The following terms and phrases,whenever used in this chapter, shall be construed as defined in this
section:
"Abandoned property" means a residential property that is vacant and is under a current notice of
default and/or notice of trustees sale,pending Tax Assessor's lien sale, or a residential property that has been
the subject of a foreclosure sale where the retained by the beneficiary of:a deed of trust involved in the
foreclosure, or a residential property,transferred undera deed in lieu of foreclosure/sale.
"Accessible property" means an abandoned propertyrend any structure or building on the abandoned
property, that is accessible through a compromised, breached:or broken gate, fence„wall,window, door, and
similar entry points and/or is unsecured in such way as to allow access to interior space by unauthorized
person or trespasser.
"Agreement of sale means any agreement or written instrument which provides that title to residential
property• be transferred or,conveyed from one owner to another owner after the sale, trade, transfer or
exchange.
"Beneficiary” means a lender undera note secured bya deed oftrust.:Beneficiary shall also include
beneficiary's authorized agent; property management+company or propertymanager.
"Buyer'' means any person, partnership, co-partnership,association,corporation,fiduciary or any entity
that agrees to transfer anything o •value'in consideration for property described in the agreement of sale, as
defined;in this chapter.
"Code"or this code"shall mean the city's municipal code,•zoning ordinance, all uniform codes that
have.beenincorporated into the city's municipal code; and any yapplicable local„state or-federallaws and
regulationsthat•are or may be by the city, including without Iimitationthe State Housing Law(Health
and Safety Code Section 17910 et seq.):
'Daysf.means,consecutivecalendar days.
"Deed of trust”meansan;instrument..describing the real property and bywhich,title to real property is
transferred to a thi"rd'partytrustee as securityfor repayment of areal property loan or an obligation. This
definition;applies to any and all subsequent deeds of trust, including but not limited to second trust deed,third
trust deed, etc.
"Deed in lieu of foreclosure/sale" means a-recorded document that transfers ownership of a property
from the trustorto,the holder of a deed of trust'upon.consentof the beneficiary of the deed of trust.
"Default" means the failure to fulfill a:contractual obligation„whether monetary or conditional.
"Distressed property” means a residential property that is occupied by a person(s) having,the right to
use or having right of possession of the property and undera current notice of;defaultand/or notice of trustees
sale or pending Tax Assessor's lien sale or has been foreclosed'upon bythe trustee or has been conveyed to
the beneficiary or trustee-via deed in lieu'of foreclosure/sale.
"Evidence of vacancy'"means any condition that.onitsown, or combined with other conditions present,
would lead a reasonable person to'believe that the property is.vacant. Such conditions include, bu •are not
limited to overgrown and/or dead vegetation, accumulation'of'newspapers, circulars, flyers and/or mail, past
due utility notices and/or disconnected utilities, accumulation of trash,junk and/or debris, the absence of
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window coverings such as.curtains, blinds and/or shutters, the absenceof'furnishings and/or personal items
consistent with residential,habitation,statements, based on observations,,by neighbors, passersby, delivery
agents, governmentemployees that the property is vacant.
"Foreclosure" means`the process'bywhich:aproperty,placed as security for'a real estate loan, is sold
at an auction to satisfy the debt if the trustor(borrower)defaults`
"Landscape'includes, but is not limited to grass, groundcovers, bushes, shrubs, hedges or similar
paintings, decorative rock or bark-or'artificial turf/sod designed;specifically for residential installation.
Landscape does'not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastics sheeting,
mulch, indoor-outdoor carpet or any similar material.
"Landscape maintenance includes, bbtis not limited to, regular watering, irrigation, cutting, pruning,
mowing and removal of all trimmings:of required landscape.
"Local"means within 35 road/driving miles distance of the abandoned or distressed property.
"Neighborhood standard" means those conditions that are present on a simple majority of properties
within a 300-foot radius of any distressedor abandoned property. The:abandoned or.distressed;property that is
the subject of a.neighborhood standard.comparison,-or any other abandoned property within the 300-foot
radius, shall not be counted toward the simple majority.
"Notice of default"means a.recorded,notice that a defaulthas.occurred under a deed of trust and that
the beneficiary intends toproceed with etrustee's sale.
"Out-of-area" means in excess of 35 road/driving miles-distance of the.,subject property
"Owner" means any person, partnership, co-partnership association,.corporation,fiduciary or any
other legal entity having a legal or equitable title or any interest in the property.
"Owner of record"means the person, partnership,-co-partnership, association,corporation, fiduciary or
any other legalentity having recorded title'to real property at any given point intime the record is provided by
the Riverside County Recorder's office.
"Residential property" means any improved real,property,or portion thereof, situated in the City of
Petaluma, designed, built or permitted to be:used for dwelling purposes, specifically including the buildings and
structures located on such improved real property This includes any real,property being offered for sale, trade,
transferor exchange as residential'!whether or;not itis legally permittedor zoned for such.use.
"Secured"means treated.with,such measuresas may be directed by City Manager or designee that
assist in rendering the abandoned property inaccessible to unauthorized persons, squatters, trespassers,
including, but not to the closure, locking,padlocking, chaining, repair and/or boarding of fence(s),
wall(s), gate(s), window(s), door(s) (walk-through, sliding and/or garage), and/or other openings of such size
that may allow a child access to the interior of the accessible property. In case of broken windows, secured
includeethe reglazing or boarding of.the.window. Boarding shall be completed to a minimum of the current
United States Department of Housing and Urban Development(HUD)securing standards at the time the
boarding is completed or:required, and shall'additionally require paintingthe boards witti an exterior grade paint
that matches the color of the accessible:property.
"Trustee"means the person, partnership,co-partnership, association, corporation; or fiduciary holding
a deed of trust on a property. Trustee shall include any authorized agent, property management company or
property manager of a trustee.
"Trustor" means.a borrower under a deed of trust, who deeds property to a trustee as security for the
payment of a;debt.
"Vacant"means a building/structure that is not legally occupied.
8.40.030 Inspection. registration and fees.
A. Inspection and Registration. Any beneficiary or trustee, who holds a deed of trust on a
property located within the City of Petaluma, shall perform an,inspection of the property that is the security for
the deed of trust, upon'defaultbythe trustor and prior'to recording a notice of default with the Sonoma County
Recorder's office:
1. If the property is found to be vacant or'shows evidence of vacancy, it is by this chapter,
deemed abandoned and the beneficiary or trustee shall,•within ten'.days of the inspection or the date of
vacancy;whichever is earliest;register the property with the City Manager or designee on forms provided by
the City..
2. If the.propertyis occupied but remains in-default, itshall be deemeddistressed, and it shall be
inspected by the beneficiary or trustee, ona monthlybasis,until either(a)thetrustor or another party remedies
the default;:or(b)it is found to be vacant or shows evidence of vacancy, at whichtime it is deemed abandoned,
and the trustee shall, within ten days that inspection or the date of vacancy,register the property with the
City Manager or designee on forms;provided by the City.
B. Contents of Registration. The registration required under this chapter shall contain: (1)the
name of the beneficiary/trustee (co,p artnershi p, part nership; association, fiduciary, corporation, anylegal'entity
or an individual), (2)the;;direct'street/offlce mailing address of the-beneficiary/trustee,excluding P.O.,boxes; (3)
a direct contact name:and phone number for the beneficiary/trustee;'and (4) in the'case of a•corporation or out-
of-area beneficiary/trustee, the local'property management icompany.responsible for the security, maintenance
and marketing of the property. Any change of the-information in the registration required under this subsection
shall be reported withi •ten days of the change.
C. Registration Fee. Theifee for registering an abandoned residential property shall be asset by
resolution of the City Council.:An annual registration fee shall accompany the registration form. The abandoned
residential properties;registration fee will be used to finance the cost of inspection, administering and
enforcement under this chapter. The fee and registration shall be valid for'the calendar year or remaining
portion of the calendar year in which the registration was initially required. Subsequent,registrations are due
January 1 stof each year and must received no later than January 31st of the year due. Properties subject to
this chapter shall remain under the:annual registration:requirement, security andmaintenance standards of this
chapter as long as the`properties.rerriain vacant.
D. Out of-Area'Trustee/Beneficiary: An out-of-area beneficiary or trustee.shalt retain a local
management property;which shall,inspect the property as required by this chapterto determine whether the
abandoned property is'in compliance with.the requirements of this chapter,
E:
If any beneficiary or trustee fails to register the.residential property, as:required by this
chapter, the City may register the residential propertyandimpose the annual registration fee. Notice shall be
• provided pursuant to pertinerifsectionsof'Chapter XYZ,.as theyapply'to violationsrelated to real property,
except that notice shall be provided'to: (1)•beneficiary.or trustee, prior to,completion`of foreclosure or deed in
lieu of foreclosure/sale transaction;';or(2)to owner or owner of record after completion of foreclosure or deed in
lieu of foreclosure sale transaction,;,as the address appears on the last equalized assessmentrollor as known
to the City Manager or designee, The notice:shall provide the amount due for the registration fee, shall state
that the property has not`beemregistered as-required by this chapter and shall constitute enrollment in the
City's abandoned residences registration program. Any unpaid;registration fee shall be deemed a civil debt
owing to the City, and shall be!collected'in any manner authorized bylaw„including but not limited to, imposing
a lien on the property pursuant to Section XYZ, and imposing,a'special!assessment pursuant to Section XYZ of
the Citys municipal code, or as these sections may from time to time be amended.
8.40.040 Maintenance requirements.
Abandoned property shallibe maintained in accordance to this code: At minimum:
A. Abandoned propertyshall be:maintained•so as,to be keptfree,of evidence of vacancy;
B. Abandoned property shall be'maintained.tree of weeds, dry brush, dead vegetation, trash,
junk, debris and excessive foliage growth that diminishes the value of surrounding properties;
C: Abandoned property shall be maintained free of mosquito larvae from growing in standing
water;
D: Abandoned property shall be maintained free,of any building materials, any accumulation of
newspapers, circulars,flyers, notices (except;those required by federal, state or local law), discarded personal
items, including but not limited toifurniture;clothing, large and small:appliances, printed material or any other
items that give'app"earance that.the property is abandoned;
E. Abandoned:propert •shall be'maintained.free of graffiti, tagging or similar'markings by
removali d?painting over with an exteriorgrade:Paint that matches the color of the exteriorditthe structure„
following a,notice pursuant to Section XYZ or notice pursuant to California Civil Code Section 2929:3,
whichever is'applicable •
F. Maintenance of abandoned properties shall include landscape maintenance of visible front
and side yards;and
G. Pools and spas shall eitheri•(1) be kept in working order so the water remains clear and free
of pollutants'and debris;or(2) drained and,kept dry Ineither case,.properties with pools and/or spas must
comply with•the minimum;security fencing requirements of the City of,Petaluma.
Adherence to this::section does not relieve the:beneficiary/trustee or owner of any obligations set forth
in any local,state or federal'.laws:or any covenants, conditions•and restrictions and/or homeowners' association
rules and regulations which may applyto the property.
8.40.050 Security'requirements.
Any,abandoned property shall be secured, as defined in this chapter. In addition, the abandoned
property shall be secured ma manner thatwould prevent trespassers, squatters•or unauthorized persons from
entering and/or remaining on the property.
8.40:060 Signage requirements:
A. Any abandoned property shallbeposted with the:nameand,24-hour contact phone number of
the trustee/beneficiary or local property management company thatmustlbe retained byan'out-of-area
beneficiary/trustee. The posting ahall:beno less than 18 inches by24°inches.andshall be of a font that is
legible from a distance of45 feet,arid shall contain along with the name and 247hour'contact number the words
THIS PROPERTY MANAGED BY and TO REPORT PROBLEMS OR CONCERNS CALL."The posting shall
be placed on the;interior of a window facing,the street to the front of the abandoned property so it is visible from
the street or secured to the exterior of the building/structure fading the street to the front of the property so it is
visible from the street, if no such area exists, on a stake of sufficient Seto support the posting in a location
that is visible from the street toithe front of property butnotreadily accessible to vandals. Exterior posting
must be constructed of and printedwithnweather resistant materials.
B. The local';management'companyshall inspectthe property on a.weekly basis to.determine if
the property is in compliance or if notification of.non-compliance is reported to the local property management
company, the local property management company, or designee, shell/bring the property back into compliance
within 72 hours:
8.40.070 Declaration of public nuisance.
Pursuant to the'City's"police powersauthorized in Article'XI, Section 7 of the California Constitution, as
well as under Sections XYZ of the City of Petaluma Municipal Code and otherprovisionsiof California law,
including, but not limited to California Government Code Section 38771, the City'Council hereby declares that
violation of this chapter, including but not limited to the maintenance and security requirements of this chapter
shall constitute a public nuisance.
8.40.080 Additional authority.
In addition to any other remedies authorized:by the City of Petaluma Municipal Code and/or any other
enforcement remedies permitted under the law, the City Manager or:designee shall have the authority to
require the beneficiary/trustee/owner and/or owner of record ofiany property affected.by this section to
implement additional maintenanceand/or security measures including,but notlimited to:securing any and all
door(s)window(s)or other openings,installing additional security lighting, increasing,on-site:inspection
frequency, employment of an on-site security guard or other measures as may be reasonably required to arrest
the decline of the property.
8.40.090 Notice of and civil penalty: •
Whenever the City Manager or designee or Code Enforcement.Officer finds theta provision of this
chapter has been violated, he or,she mayissue the responsible personatnoticeof violation, ("NOV"), pursuant
to pertinent sections ChapterXYZ, as they apply to real property relatedviolations.
8.40.100 Civil penalty:imposed.
A. Pursuant to California Civil<Code Section 2929:3;the City of Petaluma, may impose a civil
penalty in the amountnot.to exceed $1,000,per day for failure to maintain and secure the abandoned property,
as required by,thischapter, provided that notice requirements ofCivil.Code•Sedtiom2929`3:are satisfied as
follows:
1 The;City first issues a notice of violation, as provided in'Section XYZ,'which also states that.
the City:shall impose the civil penalty pursuant to this section if,actions necessary toaddress,the violation(s)at
the abandoned-property-are not commenced within a!period of not less than 14,days and completed within a
period of not lessthan 30 days, from the date'of mailing of notice of:violation;'and
2. In addition,,the notice of violation shall be mailed tothe address provided in the deed of trust
or other instrument specified in California'GovernmentCode Section 27321.5including deed of trust,
instrument conveying title, mortgagewith power of sale; or if none, to the return address provided on the deed
or other instrument.
B. The City shall not impose,a civil penalty pursuant to this section together with administrative
citations or fines authorized by Chapter XYZ of the City of Petaluma Municipal Code.
C. The civil penalty imposed by this section shallstay'in effect until January 1, 2013, the
expiration date of Section 2929.3 of California Civil Code, unlessextended by the:state°legislature.
D. Failure to pay thecivil penalty::imposed pursuant to subsection A of this section shall be
deemed a civil debt owing'to•the City, and'shall be collected in any mannerauthorizedby law, including, butnot
limited to imposing.a lien.on the-property-pursuant to Section XYZ, and imposing a special assessment
pursuant to'Secton XYZ of the City's municipal code, or as these sections may from time to time be amended.
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8.40.110 Violation/penalty:
Violations of.this`chapter shall,be treated as a strict liabilityoffense'regardless of intent.,Any person,
firm and/or corporation that violates any portion of this chapter shall;be subject(to prosecution„public nuisance
abatement and/or administrative`enforcementjpursuant.to Title XYZ and Chapters XYZ and XYZ of the
Petaluma Municipal Code or any other enforcement and.legal+remedies.available to the City under the law.
8.40.120 Enforcement.
In addition to Section XYZ, violations'of this chapter may beenforced in any combination as permitted
by Title XYZ and Chapters XYZ andiXYZ of,the Petaluma Municipal Code or;any:other enforcement and legal
remedies available to the City under'the law. However, in no event shall the City impose a civil fine pursuant
Section XYZ together with administrativetitations or fines authorized'by ChapterXYZ of the City of Petaluma
Municipal Code.
8.40.130 Appeals.
'Any person aggrieved by the;imposition of a civil penalty,pursuant,to Section XYZ of this chapter, may
appeal the penalty pursuant to procedures'for an appeal of administrative citations, as provided in Chapter XYZ
of the City of Petaluma Municipal Code.
1974564.1