Section
Division 1. Definitions
12.01.01 Definitions
Division 2. Code Enforcement Authority and Powers
12.02.01 Declaration of purpose
12.02.02 General enforcement authority
12.02.03 Authority to issue notice to appear and release citations
12.02.04 Notice of violation
12.02.05 Authority to inspect
12.02.06 Power to arrest
12.02.07 Violation of code
12.02.08 Subpoenas
Division 3. Notice
12.03.01 Service of notices
12.03.02 Proof of service of notices
12.03.03 Constructive notice of recorded documents
Division 4. Judicial Remedies
12.04.01 Judicial remedies
12.04.02 Failure to appear or post bail
12.04.03 Civil violations- injunctions and civil penalties
12.04.04 Code enforcement performance bond
12.04.05 Judicial abatement
12.04.06 Treble damages for subsequent abatement judgements
Division 5. Administrative Remedies
12.05.01 Administrative remedies
12.05.02 Declaration of purpose
12.05.03 Authority
Division 6. Issuance and Recordation of Notices of Violation
12.06.01 Issuance and recordation of notices of violation
12.06.02 Declaration of purpose
12.06.03 Procedures for issuance of a notice of violation
12.06.04 Procedures for recordation
12.06.05 Service of notice of violation
12.06.06 Procedures to appeal recordation
12.06.07 Appeal hearing
12.06.08 Notice of compliance- procedures
12.06.09 Prohibition against issuance of municipal permits
12.06.10 Cancellation of recorded notice of violation
Division 7. Administrative Civil Penalties
12.07.01 Administrative civil penalties; purpose; authority
12.07.02 Procedures- notice and order
12.07.03 Determination of civil penalties
12.07.04 Administrative costs
12.07.05 Appeal of administrative civil penalty
12.07.06 Failure to comply with enforcement of officials notice and order
12.07.07 Civil penalties hearing
12.07.08 Administrative enforcement order
12.07.09 Failure to comply with the administrative enforcement order
12.07.10 Allocation of administrative civil penalties
Division 8. Administrative Citations
12.08.01 Declaration of purpose
12.08.02 Authority
12.08.03 Contents of administrative citation and compliance order
12.08.04 Administrative citation service procedures
12.08.05 Hearing to contest administrative citations
12.08.06 Right of judicial review of hearing officer decision
12.08.07 Penalties assessed and hardship waiver
12.08.08 Failure to pay penalties
12.08.09 Allocation of administrative fines
Division 9. Summary Abatement
12.09.01 Declaration of purpose
12.09.02 Summary abatement
12.09.03 Authority
12.09.04 Procedures
Division 10. Administrative Abatement
12.10.01 Declaration of purpose
12.10.02 Authority
12.10.03 General procedures and appeals
12.10.04 Abatement of a public nuisance by the city
Division 11. Administrative Enforcement Appeals
12.11.01 Appeal procedures
12.11.02 Appeal hearing
12.11.03 Failure to attend an administrative enforcement hearing
Division 12. Administrative Enforcement Hearing Procedures
12.12.01 Declaration of purpose
12.12.02 Procedures for notification of enforcement hearing
12.12.03 Disqualification of enforcement hearing officer
12.12.04 Powers of enforcement hearing officer
12.12.05 Procedures at administrative enforcement hearing
12.12.06 Failure to attend administrative enforcement hearing
12.12.07 Administrative enforcement order
12.12.08 Judicial review
12.12.09 Failure to comply with administrative enforcement order
Division 13. Recovery of Civil Penalties,
Administrative Costs and Abatement Costs
Administrative Costs and Abatement Costs
12.13.01 Declaration of purpose
12.13.02 Procedures for recovering costs
12.13.03 Recovery of civil penalties
12.13.04 Authority to impose lien/special assessment
12.13.05 Recovery as a lien on property
12.13.06 Recovery of costs by special assessment
12.13.07 Repayment to code enforcement civil penalties fund
12.13.08 Satisfaction of lien/special assessment
Division 14. Attorney’s Fees and Costs
12.14.01 Declaration of purpose
12.14.02 Recovery of costs
Division 15. Code Compliance Cost Recovery
12.15.01 Code compliance costs
12.15.02 Declaration of purpose
12.15.03 Authorization
12.15.04 Assessment of code compliance costs
12.15.05 Notice of assessment of code compliance costs
12.15.06 Failure to pay code compliance costs
12.15.07 Collection of code compliance costs
12.15.08 Payment to code enforcement civil penalties and cost recovery funds
Division 16. Code Enforcement Civil Penalties and Cost Recovery Fund
12.16.01 Declaration of purpose
12.16.02 Establishment of code enforcement civil penalties and cost recovery fund
12.16.03 Use of funds
Division 17. Private Nuisance Abatement
12.17.01 Private nuisance
12.17.02 Private nuisance abatement
DIVISION 1. DEFINITIONS
As used in this code, the following shall have the following meanings.
(1) Abatement means any action the city may take on public or private property and any adjacent property as may be necessary to remove or alleviate a nuisance, including but not limited to demolition, removal, repair, boarding and securing or replacement of property.
(2) Administrative enforcement order means an order issued by an enforcement hearing officer after a hearing requiring a responsible person to correct violations, abate a public nuisance, pay civil penalties and administrative costs or take any other action as authorized or required by this code and applicable state codes. The enforcement order may also include an order authorizing the city to abate a public nuisance or assess a nuisance abatement lien.
(3) Abatement notice means a notice issued by an enforcement officer which requires a responsible person to abate a public nuisance.
(4) Code enforcement performance bond means a bond posted by a responsible person to ensure compliance with the City of Indio Municipal Code, applicable state codes, a judicial decree or administrative enforcement order.
(5) Enforcement hearing officer means any person appointed by the City Manager to preside over administrative enforcement hearings.
(6) Enforcement official means any person authorized to enforce violations of the City of Indio Municipal Code or applicable state codes.
(7) Financial institution means any person that holds a recorded mortgage or deed of trust on a property.
(8) Imminent life safety hazard means any condition which creates a present and immediate danger to life, property, health or public safety.
(9) Legal interest means any interest that is represented by a document such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument which is recorded with the County Recorder.
(10) Notice and order means a document used in abatement and civil penalties actions which provides notice of the City of Indio Municipal Code or applicable state code violations and orders a responsible person to take certain steps to correct the violations.
(11) Notice of compliance means a document sent by an enforcement official representing that a property complies with the requirements listed in a notice of violation and that the responsible person or property owner has paid all fines, penalties and administrative costs of enforcement.
(12) Notice of violation means a written notice prepared by an enforcement official which informs a responsible person of code violations, requires compliance and contains specific information as required by the City of Indio Municipal Code.
(13) Nuisance abatement lien means a lien recorded to collect outstanding civil penalties and administrative costs imposed as part of a cost recovery, administrative or judicial code enforcement action.
(14) Person means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, business trust, organization or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties.
(15) Property owner means the recorded owner of real property based on the county assessor's records.
(16) Public nuisance means the maintenance or use of property in the city in a manner that jeopardizes or endangers the health, safety or welfare of persons on the premises or in the surrounding area; or real property that has been the situs for nuisance activity including, but not limited to: disturbing the peace, illegal drug activity, public drunkenness, drinking alcoholic beverages in public, harassment of passersby, illegal gambling, prostitution, sale of stolen goods, acts of violence, public urination or defecation, acts of vandalism, acts of lewd conduct, unreasonable loud noise, loitering or excessive littering; or the maintenance or use of property in the city in a manner that violates, or real property that has been the situs of a violation of, any provision of this code or any other city, state or federal law or regulation.
(17) Responsible person means a person who an enforcement official determines is responsible for causing or maintaining a public nuisance or a violation of the City of Indio Municipal Code or applicable state codes. The term responsible person includes but is not limited to a property owner, tenant, person with a legal interest in real property or person in possession of real property.
(18) Written includes printed, typewritten, mimeographed, multi-graphed, photocopied, facsimile and any other item of writing as listed in California Evidence Code § 250.
(Ord. 1809, passed 2-21-24)
DIVISION 2. CODE ENFORCEMENT AUTHORITY AND POWERS
(A) The City Council finds that the enforcement of the Municipal Code and applicable state codes throughout the city is an important public service. Code enforcement is vital to protection of the public's health, safety and quality of life. The Council recognizes that enforcement depends upon clear and precise regulations that can be effectively applied in administrative enforcement hearings and judicial proceedings. The Council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain code compliance. Judicial remedies are traditional remedies to enforce laws by filing criminal and civil actions in a court of law. Administrative remedies are designed to provide fair and efficient methods of enforcing the provisions of the Municipal Code without the required expense and consumption of time that judicial actions may require. Failure to comply with an administrative code enforcement action may require the City Attorney to file a judicial action to compel compliance.
(Ord. 1809, passed 2-21-24)
All city enforcement officials designated in the City of Indio Municipal Code Chapter 12 shall have the authority and powers necessary to gain compliance with the provisions of the City of Indio Municipal Code and applicable state codes for which they are responsible. These powers include the power to issue notices of violation and field citations, inspect public and private property and use whatever judicial and administrative remedies are available under the Municipal Code or applicable state codes.
(Ord. 1809, passed 2-21-24)
(A) Pursuant to the provisions of the Penal Code of the State of California § 836.5, certain officers and employees of the City of Indio are authorized to issue written notice to appear and release citations for misdemeanors or infraction violations of city ordinances, and applicable state codes, which such officers or employees have the duty to enforce.
(B) The following officers and employees of the City of Indio are hereby designated and authorized to issue said citations:
(1) Finance Department:
(a) City Manager and their designee(s).
(b) Finance Director and their designee(s).
(2) Fire Department:
(a) Fire Chief and their designee(s).
(b) All sworn personnel.
(3) Community Development Department:
(a) City Manager and their designee(s).
(b) Community Development Director and their designee(s).
(c) Building inspectors (including supervising building inspectors, senior building inspectors, and building inspectors).
(d) Building officials (including chief, senior, and deputy building officials).
(4) Police Department:
(a) Police Chief and their designee(s).
(b) All sworn personnel.
(c) Code enforcement officers and Code Enforcement Manager.
(d) Community service officers (I and II).
(5) Public Works:
(a) City Manager and their designee(s).
(b) Public Works Director and their designee(s).
(6) Indio Water Authority:
(a) City Manager and their designee(s).
(b) Indio Water Authority General Manager and their designee(s).
(Ord. 1809, passed 2-21-24)
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