(A) Purpose and intent. The City Council has determined that the enforcement of the Red Bluff Municipal Code throughout the city is an important public service and is vital to the protection of the public's peace, health, safety and quality of life. The Council has also determined that the imposition of an administrative penalty and abatement program is an appropriate method of enhancing and promoting the maintenance of real property, improving the livability, appearance, and the social and economic conditions of the community, and will ensure that the real properties do not reach such a state of deterioration or disrepair as to cause the depreciation of the value of the surrounding neighborhood or be materially detrimental to nearby properties and improvements. This chapter provides uniform procedures for issuing administrative penalties, ordering abatement proceedings, conducting administrative hearings, and is in addition to all other administrative, civil, or criminal remedies that may be pursued by the city to address any violation of the municipal code. Use of this chapter as a remedy shall be at the sole discretion of the city.
(B) Responsibility for property maintenance. Every responsible party who owns, controls or is in possession of premises within the city is required to maintain such premises in a manner so as not to violate the provisions of the municipal code. Any responsible party who fails to do so shall be guilty of a misdemeanor each day such violation continues.
(C) Alternative actions. The administrative procedures provided in this chapter shall be cumulative and in addition to any other procedure or legal remedy provided for in the Red Bluff Municipal Code or by state law for the abatement of nuisance related activities, premises, conditions or conduct. Nothing in this chapter shall be deemed to prevent the city from commencing alternative administrative, civil, or criminal proceedings to abate or penalize a nuisance under applicable civil, criminal, or municipal code provisions as an alternative to the proceedings set forth in this chapter.
(D) Imposition of administrative penalty.
(1) Any person violating any provision of the municipal code may be subject to the assessment of administrative civil penalties pursuant to the procedures provided in this chapter.
(2) Administrative civil penalties may be directly assessed by means of an administrative abatement and penalties order issued under this chapter. Administrative civil penalties may be collected as special assessments, recorded as a lien upon and against real property, or recovered by legal action brought by the city.
(3) Administrative civil penalties for violations of the municipal code shall be assessed at a daily rate determined by the administrative hearing officer pursuant to the criteria listed in § 15.5 of this chapter. The maximum rate shall be $500 per violation. The maximum amount of administrative civil penalties shall not exceed $500 per parcel or structure for any related series of violations.
(4) For the purposes of this chapter, each and every day a violation of any provision of the municipal code exists constitutes a separate and distinct violation.
(Ord. 1074, passed 7-18-2023)