The intent of this section is to authorize the recoupment of administrative costs reasonably related to the enforcement of this chapter. In furtherance of this intent the City shall be entitled to recover costs of enforcement, including costs of staff time, by complying with the following procedure:
(A) Records of costs. The Department shall maintain records of all administrative costs, incurred by the department and all other responsible city departments, in the processing of the violation or violations and the enforcement of this chapter and other applicable ordinances and may recover such costs from the violator and/or property owner or property occupier as provided in this chapter.
(B) Notice. Upon investigation and determination that a violation of any of the provisions of this chapter or other related city ordinances is found to exist, the department of environmental health and/or other city department(s) shall notify the violator and/or record owner of the property, or any person having possession or control of the subject property, by mail of the existence of the violation, of the department's intent to charge the violator and/or property owner and/or person having possession or control of the property for all administrative costs associated with enforcement, and of the respondent's right to a hearing on objections thereto. The notice shall be in substantially the following form:
NOTICE
The City of Menifee has/have determined that conditions exist at the property located at which violate Section(s) the City of Menifee Municipal Code.
To wit:
Notice is hereby given that at the conclusion of this case you will receive a summary of administrative costs associated with the processing of such violation(s), at an hourly rate as established and adjusted from time to time by the City Council. The hourly rate presently in effect is per hour of staff time. You will have the right to object to these charges by filing a Request for Hearing with animal services within ten (10) days of service of the Summary of Charges.
Dated:
City of Menifee (or contract agency)
(C) Summary of costs. At the conclusion of the case, the department of environmental health shall send a summary of costs associated with enforcement to the violator and/or owner of the property and/or person having possession or control of the subject property by certified mail. The summary shall include a notice in substantially the following form.
NOTICE
If you object to these charges, you must file a Request for Hearing on the enclosed Form within ten (10) days of the date of this notice.
IF YOU FAIL TO TIMELY REQUEST A HEARING, YOUR RIGHT TO OBJECT WILL BE WAIVED AND YOU WILL BE LIABLE TO THE CITY OF MENIFEE FOR THESE CHARGES, TO BE RECOVERED IN A CIVIL ACTION IN THE NAME OF THE CITY OF MENIFEE, IN ANY COURT OF COMPETENT JURISDICTION WITHIN THE COUNTY OF RIVERSIDE.
Dated:
City of Menifee (or contract agency)
(D) Right to hearing. Any violator or property owner, or other person having possession and control of the property, who receives a summary of costs under this section shall have the right to a hearing before the Director of the department of environmental health or his or her designee on his or her objections to the proposed costs in accordance with the procedures set forth herein.
(E) Request for hearing. A request for hearing shall be filed with the department within ten days of the service by mail of the department's summary of costs, on a form provided by the department. Within 30 days of the filing of the request, and on ten days written notice to the violator and/or owner, the Director or his or her designee shall hold a hearing on the violator and/or owner's objections, and shall determine the validity thereof.
(F) Recovery of Costs. In the event that: (a) no request for hearing is timely filed; or (b) after a hearing the Director of the department of environmental health or his or her designee affirms the validity of the costs; the violator, the property owner or the person in control and possession of the property shall be liable to the city in the amount stated in the summary of costs or any lesser amount as determined by the Director or his or her designee. These costs shall be recoverable in a civil action in the name of the city, in any court of competent jurisdiction within the county.
(G) Director's decision. In determining the validity of the costs, the Director or his or her designee shall consider whether the total costs as charged have been fairly and accurately calculated. Factors to be considered include whether the time and personnel spent in enforcement were reasonably necessary to bring about compliance and whether the rate charged is the current rate established by the city.
(H) Appeal. The decision of the Director or his or her designee may be appealed by filing a written notice of appeal with the clerk of the board within ten days after service by mail on the violator, property owner, or other person having possession and control of the property, of the decision of the Director. The appeal shall be heard by the City Council which may affirm, amend or reverse the decision and may take any other action deemed appropriate. The department shall give written notice of the time and the place of the hearing to appellant. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence.
(Ord. 2018-252, passed 12-5-2018)