SEC. 7-42. COSTS AS LIEN.

   If the administrative costs and the cost of abatement that are charged against the owner are not paid within 30 days of the date of the decision of the hearing officer, such costs plus the administrative costs of assessment shall be assessed against the property pursuant to Cal. Gov't Code, Section 38773.5. All such costs shall have the same priority as city taxes.

(`64 Code, Sec. 19-39.1) (Ord. No. 2410)

ARTICLE III. CIVIL FINES

SEC. 7-50. APPLICATION.

   (A)   This chapter makes a violator of any code provision subject to a civil fine.

   (B)   By adopting this chapter, the city council does not intend to limit the discretion of an enforcement officer to impose any remedy available, civil or criminal, for violations of the code.

   (C)   The issuance of a civil citation shall be solely at the discretion of the enforcement officer and shall be one of several remedies available to the enforcement officer.

   (D)   Notwithstanding any lease, license or any other instrument or agreement, the owner of real property has the right to enter upon his/her own property to the extent reasonably necessary to abate any public nuisance or to correct any violation of the code existing thereon.

   (E)   The provisions of this chapter shall be an implied term of any instrument affecting the right to possession of real property located in the city.

   (F)   Because violations of the code may seriously impact the health, safety and welfare of the general public, this chapter imposes strict civil liability upon violators of the code.

   (G)   There shall be a rebuttable presumption that the record owners of a parcel according to the last equalized assessment roll and a lessee or sublessee of a parcel have notice of any code violation existing on the parcel.

(`64 Code, Sec. 21-1) (Ord. No. 2488)

SEC. 7-51. DEFINITIONS.

   For the purpose of this article, the following words shall have the following meanings:

   (A)   BUILDING CODE VIOLATION - Any violation of a code adopted by the city as set forth in Chapter 14 of this City Code.

   (B)   CODE VIOLATION - Any violation of the code or other ordinance.

   (C)   CITY MANAGER - The city manager or designee.

   (D)   CIVIL CITATION - A notice issued by an enforcement officer pursuant to this chapter that there has been a violation of the code.

   (E)   ENFORCEMENT OFFICER - An individual designated by the city manager to enforce the provisions of this chapter.

   (F)   HEARING OFFICER - The individual designated by the city manager to serve as the hearing officer for administrative hearings.

   (G)   ISSUANCE DATE - The day a civil citation is personally served on a responsible person, is mailed to a responsible person, or is posted on real property where a property related violation occurs.

   (H)   ISSUED - The giving, mailing, or posting of a civil citation.

   (I)   NOTICE OF DECISION - A notice that informs a responsible person of a decision made regarding provisions of this chapter.

   (J)   RESPONSIBLE PERSON - Any of the following:

      (1)   An individual causing or committing a code violation;

      (2)   An individual, by his/her action or failure to act, maintains or allows a code violation to continue;

      (3)   An individual whose agent, employee, or independent contractor causes or commits a code violation by his/her action or failure to act;

      (4)   An owner of or a lessee or sublessee with the current right of possession of real property on which a code violation occurs;

      (5)   An on-site manager of a business customarily working daily at the site when the business is open and responsible for the activities at such business; and

      (6)   A natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.

(`64 Code, Sec. 21-2) (Ord. No. 2488, 2764)

SEC. 7-52. CIVIL CITATION.

   (A)   After determining that a responsible person has violated a provision of the code, an enforcement officer may issue a civil citation to that person.

   (B)   If, following an investigation, the enforcement officer has determined that a responsible person committed a code violation, an enforcement officer may issue a civil citation for a violation the officer did not see occur.

   (C)   A responsible person receiving a civil citation shall be liable for and shall pay to the city the fine imposed in the civil citation on the date specified in the civil citation.

   (D)   Every individual who applies for and receives a permit, license, or other approval (e.g., subdivision map, special use permit, variance, zoning clearance), shall comply with all conditions imposed upon the issuance of the permit, license or other approval. If an individual violates any condition of such permit, license or other approval, an enforcement officer may issue such individual a civil citation and that individual shall be liable for payment of any civil fines.

   (E)   Each day a responsible person allows a code violation to exist shall be a separate violation and that person shall be subject to a separate fine.

   (F)   A civil citation may charge a code violation for one or more days on which a violation exists and for violation of one or more code sections.

   (G)   The city council, hearing officer or staff may consider the fact that an individual has been issued civil citations when determining whether to grant, suspend, revoke, or deny any permit, license, or other approval for the individual and such civil citation is evidence that the individual has committed acts that are a threat to the health, safety and welfare of the general public.

(`64 Code, Sec. 21-3) (Ord. No. 2488)

SEC. 7-53. BUILDING CODE VIOLATIONS.

   (A)   When a responsible person is issued a notice of a building code violation that does not create an immediate danger to health or safety, the enforcement officer shall provide a 14-day correction period to allow the responsible person time to correct the violation. Notwithstanding section 7-52, no responsible person issued a notice of a building code violation shall be issued a civil citation unless the violation continues after the 14 days allowed for its correction, including any extensions granted.

   (B)   A responsible person issued a notice of a building code violation may request an extension of the correction period provided that such request is filed with the city manager prior to the expiration of the original 14-day period.

   (C)   The city manager may grant a reasonable extension of the period of time to correct a violation if the responsible person has submitted substantial evidence showing that the correction cannot be made within the 14-day period. The city manager's decision to grant or deny the request for an extension shall be in writing and shall be final.

   (D)   The filing for an extension does not, unless granted, extend the 14-day correction periods.

   (E)   If a building code violation has not been corrected by the end of the correction period, the enforcement officer may issue a civil citation. The enforcement officer may issue additional citations and impose fines for every day the building code violation continues uncorrected from the date the civil citation is issued.

(`64 Code, Sec. 21-4) (Ord. No. 2488, 2764)

SEC. 7-54. CONTENTS OF CIVIL CITATION.

   (A)   Every civil citation shall contain the following:

      (1)   Name of the responsible person;

      (2)   Date on which an inspection established the code violation;

      (3)   The code section violated;

      (4)   Address where the code violation occurred;

      (5)   Description of the code violation;

      (6)   The amount and effective date of the fine;

      (7)   Procedures to pay the fine;

      (8)   For building code violations, the date that the 30-day correction period expires and the procedure to request an extension of the 30-day period;

      (9)   Description of the procedure for requesting a waiver of fine deposit and administrative hearing to contest a civil citation;

      (10)   Hearing date, time and location in the event that a responsible person requests a hearing regarding the waiver of fine deposit and/or an administrative hearing;

      (11)   A statement that the code violation is a public nuisance and that collection of any unpaid fines and/or nuisance abatement costs may be placed as a special assessment or lien against the property where a violation occurs;

      (12)   Signature of the enforcement officer issuing the civil citation;

      (13)   Date of issuance; and

      (14)   Any other information deemed necessary by the city attorney for enforcement or collection purposes.

   (B)   A self-addressed envelope in which the responsible person may mail to the city the fine or request a hearing regarding the waiver of fine deposit and/or an administrative hearing shall accompany any civil citation.

(`64 Code, Sec. 21-5) (Ord. No. 2488)