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(A) The appeal shall follow the hearing procedures as set forth in Divisions 11 and 12 of this chapter.
(B) At the appeal hearing, the hearing officer shall only consider evidence that is consistent with the applicable rules and procedures for administrative enforcement hearings and that is relevant to the following issues:
(1) Whether the conditions listed in the notice of violation violate the City of Indio Municipal Code or applicable state codes; and
(2) Whether the enforcement official afforded the responsible person with due process by adhering to the notification procedures specified in this code.
(C) If the hearing officer affirms the enforcement official's decision, the enforcement official may proceed to record the notice of violation.
(D) If the hearing officer determines that recordation is improper, the hearing officer shall reverse the enforcement official's decision to record the notice of violation.
(Ord. 1809, passed 2-21-24)
(A) After a notice of violation has been recorded, and after the violations listed on the notice of violation have been corrected, the responsible person or property owner may file with the enforcement official a written request for a re-inspection of the property to determine compliance with the municipal code and applicable state codes listed in the recorded notice of violation, and for the issuance of a notice of compliance on a form provided by the city.
(B) Once the enforcement official receives this request, the enforcement official shall re-inspect the property to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed.
(C) The enforcement official shall serve a notice of compliance to the responsible person or property owner in the manner provided in Division 3 of this chapter only if the enforcement official determines that:
(1) All violations listed in the recorded notice of violation have been corrected; and
(2) All necessary permits have been issued and finalized; and
(3) All civil penalties and any fines have been paid; and
(4) The party requesting the notice of compliance has paid an administrative fee to reimburse the city for all administrative costs. Administrative fees may include costs incurred in the investigation, inspection, re-inspection, title search, appeal hearing and any other processing costs associated with the violations specified on the notice of violation.
(D) If the enforcement official denies a request to issue a notice of compliance, the enforcement official shall serve the responsible person or property owner with a written explanation setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service listed in Division 3 of this chapter.
(E) The enforcement official's decision denying a request to issue a notice of compliance shall be final and non-appealable.
(Ord. 1809, passed 2-21-24)
(A) Subject to the exception set forth herein, the City of Indio shall withhold permits for any alteration, repair or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of the real property or the structure:
(1) If a request to appeal the recordation of a notice of violation has not been timely filed; or
(2) After a hearing officer on appeal affirms the enforcement official's decision to record a notice of violation. The city may thereafter withhold permits until a notice of compliance has been issued by the enforcement official.
(B) The city may not withhold permits which are necessary to obtain a notice of compliance or which are necessary to correct serious health and safety violations.
(Ord. 1809, passed 2-21-24)
The enforcement official, property owner or responsible person shall record the notice of compliance with the County Recorder's Office. The recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation.
(Ord. 1809, passed 2-21-24)
DIVISION 7. ADMINISTRATIVE CIVIL PENALTIES
(A) The City Council finds that there is a need for alternative methods of enforcement of the City of Indio Municipal Code and applicable state codes. The City Council further finds that the assessment of civil penalties through an administrative hearing procedure for code violations is a necessary alternative method of code enforcement. The administrative assessment of civil penalties established in this division is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of the City of Indio Municipal Code or applicable state codes.
(B) This division governs the administrative assessment of civil penalties for violations of the City of Indio Municipal Code and applicable state codes.
(C) Any person violating any provision of the City of Indio Municipal Code or applicable state code may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in this division.
(D) Each and every day a violation of any provision of the City of Indio Municipal Code or applicable state code exists constitutes a separate and distinct violation.
(E) Civil penalties may be directly assessed by means of a notice and order issued by the enforcement official or affirmed by an enforcement hearing officer. Civil penalties may be recovered as authorized by Division 13 or subsequent legal action brought by the City Attorney.
(F) Civil penalties for violations of any provision of the City of Indio Municipal Code or applicable state codes shall be assessed at a daily rate determined by the enforcement official or enforcement hearing officer pursuant to the criteria listed in this division. The maximum rate shall be $2,500 per violation.
(Ord. 1809, passed 2-21-24)
(A) Whenever an enforcement official determines that a violation of one or more provisions of the City of Indio Municipal Code or applicable state code has occurred or continues to exist, a written civil penalty notice and order may be issued to the responsible person.
(B) The notice and order shall refer to each code section violated and describe how each section is or has been violated.
(C) The notice and order shall refer to the dates and locations of the violations.
(D) The notice and order shall describe all remedial action required to correct outstanding violations and establish a time frame for completion.
(E) The notice and order shall establish a daily amount of civil penalties. The enforcement official shall determine the daily amount of civil penalties pursuant to the criteria in § 12.07.03. of this division.
(F) The notice and order shall identify a date when the civil penalties began to accrue and a date when the assessment of civil penalties will end, unless the violation is continuous. In the case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the notice and order until the violations are corrected.
(G) If an enforcement official determines that the violations are continuing, the notice and order shall demand that the responsible person cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate city departments.
(H) The notice and order shall enumerate any other consequences should the responsible person fail to comply with the terms and deadlines, as prescribed in the notice and order.
(I) The notice and order shall identify appropriate hearing procedures.
(J) The notice and order shall be served upon the responsible person by any one of the methods of service listed in Division 3 of this chapter.
(K) The notice and order shall identify the factors used by an enforcement official in determining the duration and the daily amount of civil penalties.
(L) More than one notice and order may be issued against the same responsible person if it encompasses either different dates or different violations.
(Ord. 1809, passed 2-21-24)
(A) In determining the date when civil penalties start to accrue, an enforcement official may consider the date when the enforcing department first discovered the violations as evidenced by the issuance of a notice of violation or any other written correspondence advising the responsible person of the existence of a violation.
(B) The assessment of civil penalties shall end when all action required by the notice and order has been completed.
(C) In determining the amount of the civil penalty to be assessed on a daily rate, an enforcement official may consider some or all of the following factors:
(1) The duration of the violation.
(2) The frequency or recurrence of the violation.
(3) The seriousness of the violation.
(4) The history of the violation.
(5) The responsible person's conduct after issuance of the notice and order.
(6) The good faith effort by the responsible person to comply.
(7) The economic impact of the penalty on the responsible person.
(8) The impact of the violation upon the community.
(9) Any other factors that justice may require.
(D) The City Manager has the authority to establish a penalty schedule for an enforcement official to use as a guideline in determining the amount of civil penalties depending on the nature of the case. The City Manager shall also establish procedures for the use of this penalty schedule.
(Ord. 1809, passed 2-21-24)
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