A. General.
1. This section is adopted pursuant to Government Code §§ 36901 and 53069.4 and provides an administrative process for imposing and appealing administrative penalties, and for enforcing such penalties.
2. The purpose of this section is to provide for administrative penalties, in addition to all other legal remedies, criminal or civil, which may be pursued by the city to abate a public nuisance.
3. Use of the provisions of this section shall be at the sole discretion of the city.
B. Imposition of administrative penalty.
1. In any notice and order issued by the city pursuant to section 8.24.050 of this code to abate a public nuisance, the city may provide notice of its intent to impose an administrative penalty in an amount up to one hundred dollars per day for a failure to abate the conditions causing a public nuisance.
2. The imposition of the administrative penalty must be appealed in the same manner as an appeal of the notice and order is appealed. All administrative penalties shall be stayed during the pendency of an appeal.
3. The city may include the administrative penalty in any administrative or civil action to seek recovery of costs related to its effort to abate the public nuisance, including seeking payment as a personal obligation of the person responsible for the public nuisance or making the administrative penalty part of a lien or special assessment on the property subject to an abatement action.
4. The maximum administrative penalty the city may seek is one hundred thousand dollars.
5. The imposition of an administrative penalty is in addition to any other enforcement power that the city may have to abate the public nuisance, including but not limited to criminal citation, administrative citation, summary abatement, preliminary injunction, or civil action.
C. Appeal. Any person aggrieved by the imposition of an administrative penalty may appeal the final decision by filing a petition for review in a court of competent jurisdiction pursuant to the provisions set forth in Government Code Section 53069.4. (Ord. 2004-10 § 3(part), 2004)
1. This section is adopted pursuant to Government Code §§ 36901 and 53069.4 and provides an administrative process for imposing and appealing administrative penalties, and for enforcing such penalties.
2. The purpose of this section is to provide for administrative penalties, in addition to all other legal remedies, criminal or civil, which may be pursued by the city to abate a public nuisance.
3. Use of the provisions of this section shall be at the sole discretion of the city.
B. Imposition of administrative penalty.
1. In any notice and order issued by the city pursuant to section 8.24.050 of this code to abate a public nuisance, the city may provide notice of its intent to impose an administrative penalty in an amount up to one hundred dollars per day for a failure to abate the conditions causing a public nuisance.
2. The imposition of the administrative penalty must be appealed in the same manner as an appeal of the notice and order is appealed. All administrative penalties shall be stayed during the pendency of an appeal.
3. The city may include the administrative penalty in any administrative or civil action to seek recovery of costs related to its effort to abate the public nuisance, including seeking payment as a personal obligation of the person responsible for the public nuisance or making the administrative penalty part of a lien or special assessment on the property subject to an abatement action.
4. The maximum administrative penalty the city may seek is one hundred thousand dollars.
5. The imposition of an administrative penalty is in addition to any other enforcement power that the city may have to abate the public nuisance, including but not limited to criminal citation, administrative citation, summary abatement, preliminary injunction, or civil action.
C. Appeal. Any person aggrieved by the imposition of an administrative penalty may appeal the final decision by filing a petition for review in a court of competent jurisdiction pursuant to the provisions set forth in Government Code Section 53069.4. (Ord. 2004-10 § 3(part), 2004)