(A) Violations of this chapter shall be treated as a strict liability offense regardless of intent.
(B) Any individual or entity that violates any portion of this chapter shall be subject to penalties as set forth in title I, chapter 4 of this code.
(C) Notwithstanding any other provision of this chapter and as an alternative to or in addition to any other remedy, the city may impose a civil penalty in an amount not to exceed one thousand dollars ($1,000.00) per day for failure to maintain and secure a vacant residential property, as required by this chapter pursuant to California Civil Code sections 2929.3 and 2929.4. The procedures for imposing a civil fine are as follows:
1. Notice Of Violation: Upon determining a violation, the city manager or his or her designee shall issue a notice of violation. The notice of violation shall, at a minimum, give notice of each alleged violation, a description of each of the conditions that give rise to the allegation, and notice of the city's intent to assess a civil fine if action to correct the violation is not commenced within a period of not less than fourteen (14) days and completed within a period of not less than thirty (30) days.
2. Mailing Of Notice: The notice of violation shall be mailed to the address provided in the deed or other instrument as specified in Government Code section 27321.5(a) or, if none, to the return address provided on the deed or other instrument.
3. Determining Amount Of Fine: In determining the amount of the civil fine, the city shall take into consideration any timely and good faith efforts by the legal owner to remedy the violation(s). The maximum civil fine authorized is one thousand dollars ($1,000.00) for each day that the owner fails to maintain the property, commencing on the day following the expiration of the period to remedy the violation as stated by the city in the notice of violation.
4. Notice Of Fine: Once the city manager or his or her designee has determined that a civil fine should be imposed, notice of the fine shall be mailed to the address provided in the deed or other instrument as specified in Government Code section 27321.5(a) or, if none, to the return address provided on the deed or other instrument. The notice of fine shall contain, at a minimum, the violation(s), the dates or range of dates of violation(s), the total number of days the fine is being assessed, the total amount of the fine, and whether or not, after considering any timely and good faith efforts by the legal owner to remedy the violation(s), if any, the amount the civil fine will be reduced.
5. Contesting The Fine: The notice of violation shall also contain the following statement:
You may contest the imposition of this civil fine by filing, with the City Clerk, a written request for an appeal to be heard by the City Council. The request for appeal shall be filed within thirty (30) days from the date of the mailing of the Notice of Violation. In addition to filing the application for an appeal, the applicant shall also pay a fee as fixed and amended from time to time by resolution of the City Council.
Upon receipt of the request for appeal, the city manager shall fix a time and place for a hearing by the city council of the appeal within forty five (45) days but not less than fifteen (15) days after receipt of the request for appeal and shall give notice of the hearing to the applicant by first class mail, postage prepaid, to the address provided by the applicant. The city council shall hear the appeal and make a decision within thirty (30) days after close of the hearing. The city council shall notify the applicant of its decision in writing.
6. Notice Of Violation To Vacant Property That Is Subject To A Notice Of Default: Prior to imposing a fine or penalty for failure to maintain a vacant property that is subject to a notice of default, that is purchased at a foreclosure sale, or that is acquired through foreclosure under a mortgage or deed of trust, the city shall provide the owner of that property with a notice of violation and an opportunity to correct that violation. This section shall not apply if the city determines that a specific condition of the property threatens public health or safety.
7. Failure To Pay Civil Penalty: The failure to pay a civil penalty imposed by this section shall be deemed a civil debt owing to the city and shall be collected in any manner authorized by law, including, but not limited to, the imposing of a lien on the property and/or imposing a special assessment on the property. (Ord. 2013-6, 11-4-2013)