2012/12/11 City Council Ordinance 852
ORDINANCE NO. 852
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK AMENDING CHAPTERS 1.24 (NUISANCE ABATEMENT) AND
1.25 (ADMINISTRATIVE CITATIONS), ADOPTING NEW CHAPTERS
1.26 (ADMINISTRATIVE HEARINGS) AND 1.27 (COLLECTION
PROCEDURES), AND MAKING CONFORMING CHANGES TO THE
ROHNERT PARK MUNICIPAL CODE
WHEREAS, over the past few years, several changes have occurred in the way that the City
enforces its codes, such as: (a) the 2009 elimination of the minor offense calendar at the Sonoma
County Superior Court, (b) the restructuring of and creation of new positions in the Department
of Public Safety, and (c) the initiation of the practice of issuing administrative citations for
fIreworks and animal control violations; and
WHEREAS, the enforcement of the Rohnert Park Municipal Code has revealed in practice that
the provisions of Chapter 1 relating to code enforcement are unclear, lack organization, and in
some instances may be inconsistent; and
WHEREAS, in 2012 a code enforcement working group, consisting of representatives from
public safety, development services, the city clerk, with input from the city attorney, formed to
propose amendments to Chapter 1; and
WHEREAS, the working group has proposed amendments that would separate out sections of
Chapter 1 that should stand alone, condense sections as appropriate, remove redundancy,
wordsmith the provisions to provide clarity, and correct cross references; and
WHEREAS, the City wishes to amend Chapter 1 as recommended by the working group and
make conforming changes to the Robnert Park Municipal Code sections 9.48.090, 9.48.100 and
10.84.020 to update cross references in those sections to Chapter 1 in the manner provided for in
this Ordinance;
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain as
follows:
SECTION 1. Recitals. The City Council of the City of Robnert Park does hereby fInd that the
above referenced recitals are true and correct and material to the adoption of this Ordinance.
SECTION 2. Amendments. The Robnert Park Municipal Code shall be amended as follows:
A. Chapter 1.24, "Nuisance Abatement," shall be deleted in its entirety and replaced with a new
Chapter 1.24, "Nuisance Abatement," which is attached hereto as Exhibit 1 and incorporated by
this reference.
B. Chapter 1.25, "Administrative Citations," shall be deleted in its entirety and replaced with a
new Chapter 1.25, "Administrative Citations," which is attached hereto as Exhibit 2 and
incorporated by this reference.
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C. A new Chapter 1.26, "Administrative Hearings," which is attached hereto as Exhibit 3 and
incorporated by this reference, shall be added to the Rohnert Park Municipal Code.
D. A new Chapter 1.27, "Collection Procedures," which is attached hereto as Exhibit 4 and
incorporated by this reference, shall be added to the Rohnert Park Municipal Code.
E. Section 9.48.090 (Schedule of civil penalties) shall be amended in its entirety to read as
follows:
A. If an administrative citation is issued in accordance with Section 1.24.100,
"Violation," of this Code, civil penalties shall be assessed against all persons liable for
the city's intervention to abate a gathering constituting a nuisance. Any administrative
citation issued in accordance with Chapter 1.25 may be contested in accordance with
Section 1.25.090 and following sections of this Code. If a second, third, or further
investigation is required within a sixty-day period, the civil penalties will be as shown
below:
1. For the second response in any sixty-day period, the penalty shall be the total
sum of fIve hundred dollars.
2. For the third response in any sixty-day period, the penalty shall be the total
sum of seven hundred and fIfty dollars.
3. For any further response in any sixty-day period, the penalty shall be the total
sum of one thousand dollars for each such further response.
4. The administrative citation penalties provided herein shall be in addition to any
other penalties imposed by law for particular violations of law committed during
the course of an event which is a nuisance under this ordinance, including those
remedies set forth in Chapter 1.24, "Nuisance Abatement," of this Code.
B. Collection of penalties shall be pursuant to Chapter 1.27, "Collection Procedures," of
this Code.
F. Section 9.48.100 (Collection of delinquent costs) shall be amended to read as follows:
The civil penalties assessed as a result of a subsequent city response to a loud or unruly
gathering shall constitute a debt of all persons liable for the penalties in favor of the city
and may be collected in any manner authorized by Chapter 1.27, "Collection Procedures,"
of this Code.
G. Subdivision (A)(5) of Section 10.84.020 (Notice-Generally) shall be amended to read as
follows:
5. A statement providing for a hearing by the hearing offIcer appointed pursuant to
Section 1.26.030 of this Code upon written request by the owner of the premises on
which the vehicles are located or by the owner of the vehicles within ten days after the
mailing of the notice.
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SECTION 3. Environmental Review. The City Council hereby finds and determines that the
adoption of this Ordinance is categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3).
SECTION 4. Severability. The City Council hereby declares that every section, paragraph,
sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence,
clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining
sections, paragraphs, sentences, clauses, or phrases.
SECTION 5. Effective Date. This Ordinance shall be in full force and effective thirty (30)
days after its adoption and shall be published and posted as required by law.
This ordinance was introduced on November 27,2012; and
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park on
December 11,2012, by a vote of the City Council as follows:
AYES: Five
NOES: None
ABSENT: None
ABSTAIN: None
(5)
(0)
(0)
(0)
Councilmembers Ahanotu, Belforte, Callinan, Stafford and
Mayor Mackenzie
ATTEST:
~L Vt1lJut^~
lJfoAnne Buergler, City Clerk
CITY OF ROHNERT PARK
~J
City Attorney
Attachments:
Exhibit 1: Chapter 1.24, "Nuisance Abatement"
Exhibit 2: Chapter 1.25, "Administrative Citations"
Exhibit 3: Chapter 1.26, "Administrative Hearings"
Exhibit 4: Chapter 1.27, "Collection Procedures"
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1.24 Nuisance Abatement.
1.24. Nuisance Abatement
1.24.01 0 Purpose and Intent
1.24.020 DefInitions
1.24.030 Unlawful property nuisances
1.24.040 Other Nuisances
1.24.050 Residential rental units
1.24.060 On-site residential Manager
1.24.070 House Rules
1.24.080 Schedule
1.24.090 Responsibility for property maintenance
1.24.100 Violation
1.24.110 Right-of-entry
1.24.120 Preliminary Notice
1.24.130 Service of notices-Failure to receive notice
1.24.140 Notice of violation and order to abate
1.24.150 Abatement hearing notice and procedures
1.24.160 Abatement by owner
1.24.170 Abatement by City-Debt of owner
1.24.180 Summary abatement
1.24.190 Abatement cost records
1.24.200 Hearing before City Council-Report on costs
1.24.210 Treble costs of abatement
1.24.220 Limitation on fIling judicial action
1.24.010 Purpose and Intent
The purpose and intent of this chapter is twofold. First the purpose of this chapter is to
promote the health, safety, economic, aesthetic and general welfare of the citizens of the
City, and to protect neighborhoods against property-related nuisances, blight and
deterioration by establishing requirements for all buildings, whether residential or non-
residential, or structures of whatever kind, and establishing requirements for the
maintenance of all land, whether improved or vacant. The City of Rohnert Park has a
history and reputation for well-kept properties. Property values and the general welfare of
the community are founded, in part, upon the appearance and maintenance of private
properties. Owners and occupants of some properties within the City permit conditions to
exist which are below the minimum conditions required by this chapter and therefore
injurious and detrimental to the public health, safety, and welfare of residents of the City
and contribute substantially and increasingly to the deterioration of residential
neighborhoods and commercial areas. Abatement of conditions less than those required
by this chapter will promote the health, safety, and welfare of the residents of the City
because maximum use and enjoyment of property in close proximity to other property
depends upon maintenance of both properties. This chapter shall apply to all buildings,
structures and land within the City without regard to use, date of construction or
alterations.
The second purpose of this chapter is to establish procedures to abate any and all other
public nuisances, whether property related or not, which the City has declared to be
injurious to the public health, comfort, convenience, safety, welfare, prosperity, peace
and quiet of the City and its inhabitants.
1.24.020 DefInitions
A. "Administrative hearing officer" means the city manager, or any person designated by
the city manager to preside over administrative enforcement hearings and administrative
appeal hearings held pursuant to this chapter. However, such person shall not preside
over any hearing in which such person also serves as enforcement offIcer.
B. "Animal" means all nonhuman members of the animal kingdom, including domestic,
exotic and livestock species.
C. "Building" and "structure" mean and include, but are not limited to, any house, garage,
carport, duplex, apartment, condominium, mobile home, storage shed, any commercial
establishment, warehouse, fence, wall, or other structure affIxed to or upon real
property, or any assemblage of materials on the private property of another for the
purpose of human habitation.
D. "City" means the area within the territorial city limits of the City of Rohnert Park and all
territory outside the City over which the City has jurisdiction by virtue of any
constitutional or charter provisions, or any ordinance or law.
E. "City manager" means the city manager, the assistant city manager, or any person or
persons designated by the city manager to act in his or her stead in connection with this
chapter.
F. "Enforcement OffIcer" means the city manager, or any person designated by the city
manager to enforce the provisions of this code. Such employees may be employed in
any city department.
G. "Fee" means a charge for services provided or a benefIt conferred.
H. "Fine" means a sum imposed as punishment for an offense.
1. "Immediate hazard or threat" means the declaration of an intention or the ability to
cause harm, danger or risk to the safety of persons or property.
1. "Inoperative vehicle" means any vehicle that cannot operate safely or legally upon the
street or highways of the state and includes any vehicle that does not have current valid
registration. With respect to a motor vehicle, in addition to the foregoing, inoperative
vehicle means a vehicle that is not then capable of self-propulsion.
K. "Motor vehicle"/ "Vehicle" shall have the same meaning as that term is defIned in
California Vehicle Code sections 415 and 670, as may be amended from time to time.
L. "Owner" and "property owner" as used in this chapter, and unless otherwise required by
the context, shall mean the owner or owners of record of real property as shown on the
latest equalized assessment roll of Sonoma County, or as otherwise known to the
planning director or such other city offIcial as may be designated by the city manager by
virtue of more recent and reliable information.
1. With regards to animals, an "Owner" or "Owner/Guardian" means any person
who keeps or has charge of or provides custody or care to an animal for at least
thirty (30) consecutive days. This definition shall exclude veterinarians who are
treating or caring for an animal in the regular practice of veterinary medicine as
well as the owners or operators of an animal grooming business, kennel or pet
shop while engaged in the regular practice of such business. Use of the term
"Owner/Guardian" in place of "Owner" shall not imply or bestow any change in
legal status or ownership of animals by the use of such term.
M. "Penalty" means the punishment imposed on a wrongdoer, usually in the form of
imprisonment or a fIne.
N. "Person" means any natural person, fIrm, association, business or organization,
corporation, partnership, trust, estate, or any other legal entity recognized by law as the
subject of legal rights or duties.
O. "Property" means any parcel ofland which is identifIed in the secured roll of the
Sonoma County Assessor, all residential, commercial and other real property, including,
but not limited to, front yards, side yards, backyards, driveways, walkways, alleys and
sidewalks, and shall include any building or structure, whether fixed or moveable,
located on such property.
P. "Public Nuisance" means any act which is declared to be a nuisance by the provisions
of Civil Code ~ 3480 of the State of California, or by any other provisions of the laws of
the State of California, or of this Municipal Code. In addition, a nuisance is hereby
declared to include any violation of this Code, and any condition of property which
renders any property within the City ofRohnert Park harmful to property or persons who
may occupy or go upon such property.
Q. "Responsible Party" means any occupant, lessor, lessee, manager, licensee, or other
person having control over a structure or parcel of land. A responsible party may be a
property owner.
R. "Vehicle Owner" shall have the same meaning as the Legal Owner and/or Registered
owner as those terms are defined in the California Vehicle Code sections 370 and 505,
as may be amended from time to time.
S. "Violation" means a breach of the law, including but not limited to, a violation of Civil
Code ~ 3480 by any property owner or any responsible party.
T. "Visual blight" means any unreasonable or unlawful condition or use of premises or of a
building exterior which by reason of its appearance as viewed at ground level fi'om the
public right-of-way or from neighboring premises, is detrimental to the surrounding area
and the property of others, or is detrimental to the health, safety, and welfare of
individuals residing within the community.
1.24.030 Unlawful property nuisances
It shall be unlawful and declared a public nuisance for any person owning, renting,
leasing, occupying or having charge or possession of any property in the city ofRohnert Park, to
maintain such property in such a manner that any of the following conditions are found to exist
thereon:
A. Fire hazards, as defIned in the Uniform Fire Code;
B. Refuse and waste matter which by reason of its location and character is in such a
condition of deterioration that it constitutes visual blight, or reduces the aesthetic
appearance of the neighborhood, or is offensive to the senses, or detrimentally affects
property in the surrounding neighborhood or community;
C. Polluted or stagnant water which, because of its nature or location, constitutes an
unhealthy or unsafe condition;
D. Maintenance of property in such condition of deterioration or disrepair that the same
causes visual blight, or reduces the aesthetic appearance of the neighborhood, or is
offensive to the senses, or is detrimental to nearby properties including, but not limited
to:
1. Buildings which are abandoned, partially destroyed or left in an unreasonable
state of partial construction. An "unreasonable state of partial construction" is
defIned as any unfInished building where the appearance or other conditions of
said unfinished building or structure constitutes visual blight, or reduces the
aesthetic appearance of the neighborhood, or is offensive to the senses, or is
detrimental to nearby properties.
2. Unpainted buildings and those having dry rot, warping, or termite infestation. Any
building on which the condition of existing paint has become so deteriorated as to
permit substantial decay, checking, cracking, peeling, chalking, dry rot, warping,
or termite infestation on ten percent (10%) or more of the building.
3. Buildings with missing doors or windows containing broken glass or no glass at
all where the window is a type which normally contains glass. Plywood or other
materials used to cover such window space or doors, if permitted under this Code,
shall be painted in a color or colors compatible with the remainder of the building.
4. Building exteriors, walls, fences, gates, driveways, sidewalks, walkways, or alleys
which for at least seventy-two (72) hours are maintained in such condition as to
becomes so defective, unsightly, or in such a condition of deterioration or
disrepair that the same constitutes visual blight or reduces the aesthetic
appearance of the neighborhood or is offensive to the senses or is detrimental to
nearby properties.
5. The accumulation of dirt, litter, or debris in vestibules, doorways, or the adjoining
sidewalks, passages, or breezeways of a building for seventy-two (72) hours or
more.
6. Any appliance, tool, equipment, furniture, furnishing, or other item of personal
property not normally kept outside including, but not limited to, any couch, love
seat, sofa, sofa bed, recliner, hassock, upholstered chair, mattress, bed springs,
box springs, bed frame, headboard, desk, dresser, bureau, cabinet, television,
radio, stereo, stove, refrigerator, freezer, dishwasher, washing machine, dryer,
shopping cart, sink, toilet, or similar items, whether or not any such item is broken
or abandoned, resting or being stored on the premises stored either (a) so as to be
visible from a public street, alley, or from any adjoining property for at least
seventy-two (72) hours, or (b) so as otherwise to constitute a harborage for
rodents or pests or a detriment to health, safety and welfare of nearby properties,
the neighborhood or the City. Nothing herein shall preclude the placement of
stacked fIrewood for use on the premises.
7. Attractive nuisances dangerous to children and other persons, including, but not
limited to, broken or neglected household appliances, equipment and machinery,
unfenced or unmaintained pools, ponds and excavations.
8. Construction or packing materials or supplies, including, but not limited to,
lumber, drywall, roofIng tile, cement, nails, pallets, plywood, scrap lumber, or
other building materials, products, or supplies; electrical, irrigation, or plumbing
supplies; provided, however, that a reasonable quantity of these materials and
supplies is excluded from this defInition during construction covered by an active
building permit upon the subject property. A project shall be deemed active if
there is obvious change to the accumulation or to the project in any thirty (30) day
period.
9. Construction equipment or machinery of any type or description parked or stored
on property for at least seventy-two (72) hours when it is readily visible from a
public street, alley, or adjoining property, except while excavation, construction
or demolition operations covered by an active building permit are in progress on
the subject property or an adjoining property or where the property is zoned for
the storage of construction equipment or machinery.
10. An accumulation of aluminum cans, newspapers, plastic bottles, glass, cardboard
or cardboard boxes, or an accumulation of other recyclable materials that has been
stored in public view for at least seventy-two (72) hours and is visible from a
public street, alley or from any adjoining property.
11. Improper maintenance of any sign or failure to remove any sign which advertises
a business or product which is no longer sold on the property.
12. Storage of any wrecked, disabled, inoperative, salvaged or dismantled vehicle,
vessel, equipment trailer, house trailer, camper shell, boat, or boat trailer as
defined in Health and Safety Code ~ 180 1 0, or other vehicle or major vehicle parts
stored or parked in front yards, driveways, side yards, sidewalks or walkways for
at least seventy-two (72) hours visible from a public street, unless they are stored
or parked pursuant to the provisions of this code;
13. Firewood longer than thirty-six (36) inches in length and greater than twenty-four
(24) inches in diameter; all fIrewood that is not stacked;
14. Property, including, but not limited to, building exteriors which are maintained for
at least seventy-two (72) hours in such a condition as to be detrimental to the
public health, safety, or general welfare, or in such manner as to constitute a
public nuisance as defIned by Civil Code ~ 3480.
15. Dead, decayed, diseased, or hazardous trees, weeds, and overgrown or
uncultivated vegetation which are allowed to remain on property for at least
seventy-two (72) hours, which are a hazardous condition to pedestrian or
vehicular traffic or which are likely to harbor rats, vermin or constitute visual
blight, or which may cause a danger to public safety.
16. The placement of clotheslines in front yards and the drying of laundry or washed
articles on front porch stair railings, or the placement of washed articles on
fences, hedges, or other supporting structures located in front yards for the
purpose of drying them where the foregoing are visible from any public street,
alley, or from any adjoining property.
17. Any wall, sign, fence, gate, hedge, or structure maintained in such a condition of
deterioration or disrepair as to constitute a hazard to persons or property, or that
constitutes visual blight, or reduces the aesthetic appearance of the neighborhood,
or is offensive to the senses, or is detrimental to nearby properties.
18. Any property with pooled oil accumulation, oil flowing onto public rights-of-way
or adjacent property, or excessive accumulations of grease or oil on paved
surfaces, buildings, walls, or fences.
19. Any yard area, visible from a public street, alley or from any adjoining property,
the non-maintenance of which causes excessive dust, or which contains the
accumulation of debris, or constitutes visual blight, or reduces the aesthetic
appearance of the neighborhood, or is offensive to the senses, or is detrimental to
nearby properties. This paragraph shall not be construe to require the use of water
or the installation of drought-resistant vegetation to the tenant landscaping during
any period in which the City has declared a drought.
20. GraffIti which remains on the exterior of any building, fence or other structure for
at least seventy-two (72) hours and is visible from a public street, alley or any
adjoining property.
21. The keeping, storing, depositing or accumulation on the premises for an
unreasonable period of time dirt, sand, gravel, concrete, or other similar materials
that constitutes visual blight, or reduces the aesthetic appearance of the
neighborhood, or is offensive to the senses, or is detrimental to nearby properties,
except when used for current excavation, construction or demolition projects for
which an active building permit has been obtained.
22. The leaving of any garbage can or refuse container in the front or side yard area
for more than twenty-four (24) hours after collection day where such can or
container is visible from a public street, alley or from any adjoining property,
except as permitted by another section or chapter of this Code.
23. Buildings, use or conditions: (1) that violate the National Electrical Code, or
California Building, Plumbing, Mechanical, Fire, or Housing Codes as adopted by
or imposed on the City ofRohnert Park; (2) that violate the City's zoning
ordinances; or (3) that violate any other provision oflocal, state or federal law
relating to health, safety or environmental protection.
24. Any obstructions, impediments, or excavations that interfere with the ordinary use
by the public of any public street, way or sidewalk except when and as permitted
pursuant to this Code or State law;
1.24.040 Other Nuisances
The City may choose to abate any public nuisance or violation of this Code through any
of the abatement methods set f0l1h in this Chapter 1.24, this Code or in State or Federal
law. Nothing contained in this Chapter 1.24 shall be construed as limiting, prejudicing,
or adversely affecting the City's ability to concurrently or consecutively use any of those
proceedings as the City may deem are effIcient, effective, practicable, or applicable.
1.24.050 Residential rental units
It is declared a public nuisance for any person or entity owning, leasing, renting,
occupying, or having charge or possession of any residential dwelling, property or unite s)
in the City to maintain such residential rental dwelling, property or unites) in such a
manner as to permit his/her/their tenant(s), any member of the tenant's household, their
children, their guests, or their visitors while on the premises, to create or permit a
violation of section 1.24.030 of this chapter, or to violate or permit the violation of any
house rule or lease provision required pursuant to this chapter.
A violation of section 1.24.030 of this chapter, or of any house rule or lease
provision required pursuant to this chapter shall include, but shall not be limited to, any
criminal or other activity on or near such premises that threatens the health, safety, or
right of peaceful enjoyment of the premises of the other residents or adjacent property
owners and/or drug related or criminal activity on or near such premises, wherein the
owner is aware of the aforesaid violation(s) and fails to take all reasonable action(s) or to
make reasonable expenditure(s) to correct the violation(s) within a reasonable period of
time, which shall be designated as thirty (30) days after notice. Such violation may, in the
City's discretion, be abated pursuant to this chapter, and in addition, pursuant to the
procedures for abatement which are conferred upon the City by the Civil Code ~ 3493,
Code of Civil Procedure ~ 731, Health and Safety Code ~ 11570-11579, Government
Code ~38733 and other lawful authority.
Further, any person or entity owning, leasing out, renting out, occupying, or
having charge or possession of any residential dwelling, property or unites) in the City
shall be responsible for the administrative costs or any other costs of the City abating or
causing the owner or other person responsible for the property to abate a violation of this
chapter. Such costs may be recouped by the City pursuant to the provisions of this
chapter or any other method provided by this code or other provisions of law or statute.
1.24.060 On-site residential Manager
Any residential rental dwelling, property, or complex having sixteen (16) or more rental
units shall have an on-site resident manager reasonably available during normal business
hours.
1.24.070 House rules
Each owner or manager of each residential rental dwelling, property or unite s) shall
comply with the following:
A. Provide each tenant, pursuant to the compliance schedule required by section
1.24.080 of this chapter, with a written agreement, in the form of a lease, rental
agreement or, for any tenancy ofless than one (1) year, other enforceable written
contract, signed by the tenant and owner, or his/her agent, or his/her designee, which
rental agreement shall include a copy of section 1.24.030 of this chapter and house
rules containing the following language:
House Rules
1. The tenant(s), all household members, children, guests, and visitors, shall refrain
from activities that violate City codes, state codes or statutes, constitute a public
nuisance, or disturb the peace.
2. The tenant(s) acknowledge(s) responsibility for his or her (their) actions and for
the actions of household members, children, guests, or visitors while on the leased
premIses.
3. The tenant(s), all household members, children, guests, or visitors are prohibited
from engaging in any illegal activities on or near the leased premises, including,
but not limited to:
a. Any criminal or civil activity that threatens the health, safety, or right of
peaceful enjoyment of the premises by other residents or adjacent property
owners; or
b. Any drug-related or criminal activity on or near the leased premises.
4. By signing the lease to which these House Rules are attached, the tenant(s) are on
notice that any disturbance, criminal activity, or violation of these House Rules
attributable to any tenant(s), household members, children, guests, or visitors shall
constitute a material lease violation and shall be cause for immediate termination
of tenancy and eviction from the unit.
5. The property manager will assign and control all parking and common areas to
ensure that activities occurring there do not constitute a public nuisance,
disturbance of the peace, disturbance of quiet enjoyment of the occupants of the
property or neighboring properties, or a violation of any federal, state, or local
law, including, but not limited to, fighting, littering, consumption of alcohol or of
any illegal drug, narcotic or controlled substance, prostitution, brandishment of
any weapon, urination, defecation, or intoxication.
B. A copy of the signed lease agreements, or addenda containing the information
required under this section, and house rules shall be kept in the office of the property
manager. All lease agreements, rules and regulations shall be either in English or
Spanish, according to the tenant(s) native language, or shall be explained to the
tenant(s) by an interpreter signing an affIdavit.
C. A copy of the house rules in English and Spanish shall be posted in all common areas
such as laundry rooms, lobbies, hallways, and community rooms
1.24.080 Schedule
A. Each owner or manager of a residential dwelling, property or unite s) which is rented
or leased to, or occupied by, a residential tenant or tenants shall comply with the
requirements of section 1.24.070 of this chapter according to the following schedule:
1. For each residential rental property, dwelling or unites) which is rented or leased
to, or occupied by, a new tenant or tenants subsequent to the effective date of this
chapter, the owner or manager shall require the incorporation of all the
information required by section 1.24.070 in a written lease or addendum at such
time as the property, dwelling or unites) is rented or leased to, or occupied by,
such new tenant or tenants.
2. For each residential rental property, dwelling or unites) which is occupied
pursuant to a written lease in effect as of the effective date of this chapter, the
owner or manager shall not be required to incorporate the information required by
section 1.24.070 in a new lease or addendum until such time as the existing
tenancy is terminated and the property, dwelling or unites) is rented or leased to,
or occupied by, a new tenant or tenants. Notwithstanding the foregoing, however,
for each such residential rental property, dwelling or unit which is rented, leased
to or occupied by, an existing tenant or tenants pursuant to a written lease in effect
as of the effective date of this chapter, the owner or manager shall provide each
such existing tenant with a copy of the house rules within sixty (60) days of the
effective date of this chapter.
3. For each residential rental property, dwelling or unites) which is occupied as of
the effective date of this chapter on a month-to-month or other holdover basis, the
owner or manager shall be required to incorporate the information required by
section 1.24.070 in a new lease or lease addendum within thirty (30) days or the
earlier of either:
a. Notification to the existing tenant of any change in the terms or conditions of
such month-to-month or other holdover tenancy, including, but not limited to
any rent modification; or
b. One (1) year subsequent to the effective date of this ordinance.
1.24.090 Responsibility for property maintenance
A. Every owner of real property within the City is required to maintain such property in a
manner so as not to violate the provisions of this chapter and such owner remains liable
for violations thereof regardless of any contract or agreement with any third party
regarding such property.
B. Every occupant, lessee, tenant or holder of any interest in real property, other than the
owner thereof, who had assumed responsibility for the maintenance of such property
under terms of a written lease, rental agreement, or other contractual arrangement, and to
the extent of that legal responsibility for maintenance, shall produce for inspection the
document establishing such obligation.
1.24.100 Violation
Any person, fIrm, corporation or other entity, whether owner or responsible party of any
premises, that violates the provisions of this chapter or any order issued pursuant to this
chapter, shall be subject to any or all of the following:
A. Such person shall be guilty of an infraction;
B. Such person shall be prosecuted in a civil action brought by the City to enjoin any
nuisance, violation of this chapter or violation of any other ordinance of the City;
C. Such person shall be subject to summary or administrative abatement of the nuisance by
the City and be subject to fees and costs imposed by the City pursuant to the summary or
administrative abatement procedures set forth in this chapter or any other provisions of
law; and
1. Every day that any such violation continues shall constitute a separate offense.
2. Nothing in this chapter shall prevent the City Council from authorizing the city
attorney or other authorized legal representative to commence any available
administrative, civil, or criminal proceeding.
D. Such person shall be subject to the issuance of administrative citations pursuant to the
City's administrative citation procedures as set forth in chapter 1.25.
E. All remedies set forth in this chapter are cumulative and may be pursued alternatively or
in combination with one another. Provisions of this chapter are to be supplementary and
complementary to all of the City ordinances, state law and any law cognizable as
common law or in equity, and nothing herein shall be read, interpreted or construed in
any manner so as to limit any exercising right or power of the City to abate any and all
nUIsances.
1.24.110 Right of entry
A. Whenever it is necessary to make an inspection of any premises to enforce the provisions
of this chapter, and to the extent authorized by law, an enforcement offIcer may enter on
such premises at all reasonable times to inspect the same or to perform any duty imposed
upon him or her by this chapter, subject to the requirements of the Fourth Amendment of
the United States Constitution and any other provisions of applicable law.
B. Whenever practicable, the enforcement offIcer shall contact the occupant of the premises
prior to entry and inform the occupant of the reasons for such entry onto the premises,
and if the occupant is other than the owner, the enforcement offIcer shall also, if
practicable, contact such owner. If entry is interfered with by the owner or occupant,
such enforcement offIcer shall have recourse to every remedy provided by law to secure
peaceable entry.
C. When the enforcement offIcer or his or her designated representative has obtained an
inspection warrant or other remedy provided by law to secure entry, no owner or
occupant shall fail to promptly permit entry thereon by the enforcement officer or his
designated representative for the purposes permitted by this chapter.
1.24.120 Preliminary Notice
A. Whenever an enforcement officer charged with the enforcement of any provision of this
chapter determines that a violation of a provision has occurred, the enforcement officer
shall have the authority to cause the owner and any responsible party to be notifIed of the
existence of such condition on the premises and shall direct such parties to abate the
nUIsance.
B. The notice shall contain the following information:
1. The names and addresses of the owner and responsible parties, ifany, in violation of
this chapter and the street address, legal description or other description of the
premises where the violation is present;
2. A statement specifying the condition(s) which constitute a nuisance and the specifIc
code section(s) which have been violated;
3. A request to correct the violation(s) within a certain time frame, which time frame
shall be determined in the sole discretion of the enforcement offIcer, but which, in no
event, shall be less than ten (10) calendar days after the date of the notice;
4. A statement explaining the range of penalties for failure to abate the nuisance; and
5. The name and phone number of a contact person at the City should the recipient
desire to explain why the premises should not be declared a public nuisance and why
penalties should not be assessed.
C. A copy of the notice provided for in this section shall be served by the methods described
in 1.24.130 to the owner, at the address appearing on the last equalized assessment roll of
Sonoma County and upon any responsible party, including the occupant of the premises,
if any.
1.24.130
Service of notices- Failure to receive notice.
A. Except as otherwise required by law, all written notices required to be given under the
provisions of this chapter may be served in any of the following manners:
1. By personal delivery.
2. To the property owner, by mailing a copy of the notice by fIrst class U.S. mail,
postage prepaid, to his or her address shown on the last equalized assessment roll
available on the date the notice is prepared, and to other responsible parties at their
address as known to the City or at the property address. Service by mail shall be
deemed to have been completed at the time of deposit in the United States mail.
3. Posting of the notice at the address shown on the last equalized assessment roll
available.
B. Giving notice in the manner provided for in subsection (A) shall be conclusively deemed
to be adequate notice, and the failure of any person to see, read, understand or otherwise
receive any notice required under this chapter shall not affect the validity of any
proceedings undertaken under this chapter.
1.24.140
Notice of violation and order to abate.
A. Whenever an enforcement offIcer charged with the enforcement of any provision of this
chapter determines that a violation of a provision of this chapter has not been abated after
the City has sent a preliminary notice in accordance with section 1.24.120 and the time
frame specifIed in the preliminary notice has expired, or recurs within twelve (12)
months, unless otherwise specifIed in the Code, the enforcement officer shall have the
authority to cause the owner and any responsible party to be notifIed that a violation of
this chapter has not been abated and ordering such parties to abate the nuisance within a
date specifIed or attend a hearing at which an administrative hearing officer will
determine whether the nuisance shall be abated by the City at the expense of the
responsible party.
B. The notice of violation and order to abate shall contain the following information:
1. The names and addresses ofthe owner and responsible parties, if any, in violation of
this chapter and the street address, legal description or other description of the
premises where the violation is present;
2. A statement specifying the condition(s) which constitute a nuisance and the specifIc
code section(s) which have been violated;
3. A statement that the owner and responsible parties, if any, had been previously
notifIed of the violation and requested to correct it;
4. A statement that the recipient has ten (10) calendar days from the date of the notice to
voluntarily abate the nuisance, or if the enforcement offIcer determines that ten (10)
days is insuffIcient to abate the nuisance a statement specifying a date certain by
which the nuisance must be abated;
5. A statement that a hearing will be held, including the date and time of the hearing, if
the nuisance is not voluntarily abated by the specifIed date;
6. A statement that if the owner or responsible party fails to abate the nuisance within
the time prescribed in the preliminary notice or fails to appear at the hearing; the City
will abate the nuisance at the expense of the owner and responsible parties and the
costs of such abatement may be charged against the premises as a lien or special
assessment;
7. A statement informing the recipient of his or her right to contest the enforcement
offIcer's determination during the nuisance abatement hearing by presenting evidence
explaining why the premises should not be declared a nuisance and abated at the
expense of the parties and/or why the costs of such abatement should not become a
charge against the premises; and
8. The name, signature and department of the citing enforcement officer.
C. A copy of the notice provided for in this section shall be served upon the owner of the
premises, any occupants of the premises and any other responsible party in the manner
provided for in 1.24.130.
D. The person giving such notice shall file a copy thereof in the office of the enforcement
officer together with an affIdavit or certifIcate stating the time and manner in which such
notice was given. The failure of any owner or other party to receive such notice shall not
affect in any manner the validity of any proceedings taken hereunder.
1.24.150 Abatement hearing notice and procedures
A nuisance abatement hearing shall be noticed and conducted pursuant to Chapter 1.26. In
addition to the requirements of 1.26.040, the notice shall contain, an order to show cause why
the City should not be allowed to enter the property to abate the defIned nuisances in a
defIned manner, and why the City should not be allowed to assess the costs thereof to the
owner. In addition, the notice shall advise the owner that if legal action is instituted by either
the owner or City in any manner relating to the abatement of the nuisance, the prevailing
party may seek recovery of its costs and attorneys' fees.
1.24.160 Abatement by owner.
The owner or responsible party may, at his or her own expense, (a) abate the nuisance in the
time and manner presented in the preliminary notice, notice of violation and order to abate or
written determination of the hearing offIcer, whichever is applicable, or (b) prior to the
scheduled hearing, abate a declared nuisance in accordance with the provisions of the notice
of violation and order to abate issued in accordance with section 1.24.140, provided that all
necessary permits are fIrst obtained. If an enforcement offIcer determines that the nuisance
has been properly abated, then proceedings pursuant to this chapter may be terminated,
provided, however, that the City may in its discretion, proceed with recovery of such
abatement costs, including incidental expenses, incurred by the City for administration, code
enforcement or abatement by the City, as it may have incurred prior to abatement by the
owner. Nothing is this chapter shall relieve any owner or other responsible party of the
obligation of obtaining any required permit to do any work incidental to such abatement.
1.24.170 Abatement by the City--- Debt of owner.
A. In all cases where the City has determined to proceed with abatement, upon the date set
forth for abatement of the nuisance in the notice and order or determination of the hearing
offIcer, whichever is applicable, the City shall acquire jurisdiction to abate said condition
at the expense of the owner and/or responsible party as herein provided. The City is
authorized to cause the nuisance to be abated by City forces or by private contract. To
that end, the persons authorized to abate the nuisance may enter upon private property in
a manner consistent with the United States and California Constitutions.
B. Upon the abatement of such condition or any portion thereof by the City, all the expenses
thereof shall constitute a civil debt owing to the City jointly and severally by the owner
and/or responsible parties. The debt shall be collectible in the same manner as any other
civil debt owing to the City and may be made a special assessment or lien upon the
property pursuant to the provisions set forth in chapter 1.27.
1.24.180 Summary abatement
Whenever any condition on or use of property causes or constitutes or reasonably appears to
cause or constitute an imminent or immediate danger to the health or safety of the public, or
when immediate action is required to prevent or mitigate the loss or impairment of life,
health, property or essential public services, any enforcement officer or his or her authorized
representative shall have the authority to institute the following procedures:
A. Notice. The code enforcement offIcer shall attempt to make contact through a personal
interview, or by telephone, with the owner or the person, if any, occupying or otherwise
in real or apparent charge and control thereof. In the event contact is made, he or she
shall notifY such person or persons of the danger involved and require that such condition
be immediately removed, repaired or isolated so as to preclude harm to any person or
property
B. Abatement. In the event the code enforcement officer is unable to make contact as
hereinabove noted, or if the appropriate persons, after notifIcation by the code
enforcement offIcer, do not take action as specifIed by such official, within seventy-two
(72) hours, or a lesser period if deemed necessary, then the code enforcement offIcer
may, with the approval of the City manager or his/her designee, take all steps deemed
necessary to remove or isolate such dangerous condition, or conditions, with the use of
City forces or a contractor retained pursuant to the provisions of this code. The abatement
shall include all actions necessary to secure the premises to prevent further occurrence of
the nuisance.
C. Summary abatement actions shall not be subject to the notice and hearing requirements of
this chapter, and an enforcement offIcer shall not be prohibited from summary abatement
actions after initiation of proceedings pursuant to this chapter, if immediate action at any
time becomes necessary to preserve or protect the public health or safety. Summary
abatement is to be limited to those actions which are reasonably necessary to immediately
remove the threat.
D. The expense of summarily abating a nuisance shall be a charge against the persons
creating, causing, committing or maintaining it. The City may make the expense of
abatement of the nuisance a debt collectible in the same manner as any other civil debt
owing to the City and may be made a special assessment or lien upon the property
pursuant to the provisions set forth in chapter 1.27.
1.24.190 Abatement cost records.
A. Where the enforcement offIcer is required to cause the abatement of a public nuisance
pursuant to the provisions of this chapter, he or she shall keep or cause to be kept an
accounting ofthe cost incurred, including all time spent by City and contract personnel in
addressing and abating the nuisance, incidental expenses of such abatement, and attorney
fees ifthe City elects, at the initiation of the abatement proceedings, to seek recovery of
its own attorney fees. Upon conclusion of such abatement, the enforcement officer shall
submit an itemized statement of costs to the City clerk. Costs of abatement shall begin to
run from the date of the notice to abate, except in cases of summary abatement, in which
case costs of abatement shall begin to run from the date the enforcement officer became
aware of the nuisance requiring summary abatement.
B. The City may seek reasonable attorney fees incurred for an abatement action and related
proceedings in those individual actions or proceedings in which the City elects, at the
initiation of that individual action or proceeding, to seek recovery of its own attorney
fees. If the City elects to seek recovery of its own attorney fees, attorney fees may be
recovered by the prevailing party in said action or proceeding.
C. Time spent by City personnel shall, in addition to an employee's hourly rate of pay,
include City's customary overhead expenses for provision of benefits and use of offIce
space. Time spent by contract personnel shall be charged at actual cost to the City.
D. The term "incidental expenses," as used in this section, includes, but is not limited to, the
actual expenses of the City in the preparation of notices, specifIcations, and contracts,
inspection of the work and costs of printing and mailings required by this chapter.
"Attorney fees" shall include fees and expenses of outside counsel and time spent by the
City attorney and his or her staff, calculated like other City persOlmel.
1.24.200 Hearing before City council-Report on costs.
A. Upon receipt of the statement of costs, the city clerk shall set for hearing before the City
Council the matter of the report of costs. The city clerk shall cause notice to be given in
the manner provided for in Section 1.24.130 to the owner of the property to which the
same relates, any responsible party, and to any other interested persons who requests
notice, at least ten (10) days in advance of such hearing and shall provide a copy of the
statement of costs.
B. At the time and place fIxed for receiving and considering the statement of costs and
expenses of the abatement, the City Council shall hear and pass upon the statement,
together with any specifIc objections or protests raised by any of the persons liable to be
assessed for the costs of abating such nuisance. The City Council may make such
revisions, corrections, or modifIcations to the statement as it may deem just or necessary.
The hearing may be continued from time to time.
C. Upon conclusion of the hearing, the City Council shall adopt a resolution determining the
costs of abatement. The City Council may also require, by resolution, that the costs be a
nuisance abatement lien or special assessment upon the subject property as provided for
in chapter 1.27 of this code. The decision of the City council shall be final and
conclusive.
1.24.210 Treble costs of abatement
The City Council provides that a court may order the owner of property responsible for a
condition that may be abated in accordance with this chapter to pay treble the costs of abatement
pursuant to Government Code ~ 38773.7.
1.24.220 Limitations on filing judicial action.
Pursuant to Code of Civil Procedure ~1094.5 and 1094.6, any action appealing the City's
fInal decision and order shall be commenced within ninety (90) calendar days of the date the
decision becomes fInal.
1.25 Administrative Citations
1.25.010 Purpose and Intent
1.25.020 Applicability
1.25.030 Definitions
1.25.040 General Enforcement Authority
1.25.050 Administrative Citation Procedures - Generally
1.25.060 Administrative Citations- Continuing Building Violations
1.25.070 Continuing Violations
1.25.080 Administrative Fines, Fees or Penalties
1.25.090 Payment of Fines, Fees or Penalties
1.25.100 Request for an Administrative Citation Appeal Hearing
1.25.11 0 Notices
1.25.010 Purpose and Intent
The purpose and intent of this Chapter is to set forth a clear process by which the City
may issue Administrative Citations, in addition to any and all other legal remedies, to address
violations of any section of the Code.
1.25.020 Applicability
A. The City Council has determined that the enforcement of the Rohnert Park Municipal
Code throughout the City is an important public service and is vital to the protection
of the public's health, safety and quality oflife. The City Council has determined a
need for alternative methods of code enforcement and that a comprehensive code
enforcement system uses a combination of judicial and administrative remedies to
gain compliance with code regulations. The City Council fInds a need to draft precise
regulations that can be effectively applied in judicial and administrative proceedings
and further finds that there is a need to establish uniform procedures for the proper
application of administrative code enforcement remedies and administrative hearings
to resolve administrative code enforcement cases and appeals.
B. It is the purpose and intent of the City Council to afford due process of law to any
person who is directly affected by an administrative enforcement action. Due process
of law includes adequate notice of the violation and enforcement remedy chosen by
the city, an adequate explanation of the reasons justifying the administrative
enforcement action taken by the City, and an opportunity to participate in the
appropriate administrative enforcement or appeal hearing. These procedures are also
intended to establish a forum to effIciently, expeditiously and fairly resolve issues
raised by any administrative enforcement action.
C. The City Manager, or the designated representative thereof, is authorized to develop
and implement policies and procedures relating to the qualifIcations, appointment and
compensation of administrative hearing offIcers; the powers of administrative hearing
offIcers, and all other matters relating to conducting administrative hearings as
provided in this code.
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D. The administrative citations provided for in this chapter, are an additional enforcement
remedy to all other legal remedies, criminal or civil, which may be pursued by the
city to address any violation of this code or other public nuisance.
1.25.030 Definitions
Unless the context clearly indicates to the contrary, the terms used in this Chapter shall have the
same meaning as provided for in Chapter 1.24 of this Code.
1.25.040 General Enforcement Authority
A. Notwithstanding any other provision of the Rohnert Park Municipal Code, whenever
an enforcement offIcer charged with the enforcement of this code determines that a
violation of any provision has occurred, the enforcement officer shall have the
authority to issue an administrative citation in accordance with Government Code
~53069.4 to any person responsible for the violation, subject to the limitations
contained in this chapter.
B. Enforcement officers are authorized to enter upon any property or premises within the
City to ascertain whether the property or premises is in compliance with the Code,
and to make any inspection as may be necessary in the performance of their
enforcement duties. These inspections may include the taking of photographs,
samples or other physical evidence, and the making of video and/or audio recordings.
If an owner, lawful occupant, or the respective agent thereof refuses permission to
enter and/or inspect, the enforcement offIcer may seek an administrative inspection
warrant pursuant to the procedures provided by California Code of Civil Procedure
Section 1822.50 through 1822.59, as may be amended from time to time, or the
successor provisions thereto.
C. The procedures established in this chapter for the use of administrative citations, and
the procedures established in other chapters of this code as means for addressing
violations of this code shall be in addition to criminal, civil or other legal or equitable
remedies established by law that may be pursued to address violations of this code.
The use of this chapter shall be at the sole discretion of the City.
1.25.050 Administrative Citations Procedures - Generally
A. Upon discovering a violation of this code, an enforcement officer may issue an
administrative citation to a person responsible for the violation in the manner
prescribed by this Chapter.
B. Each administrative citation shall be issued in a form approved by the city manager,
or his/her designee, and shall contain the following information:
1. The date of violation;
2. The address or a definite description of the location where the violation occurred.
3. The section of this Code violated and a description of the violation;
4. The amount of the fIne, fee or penalty for the violation;
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5. A description of the fIne, fee or penalty payment process, including a description
of the time within which and the place to which the fIne, fee or penalty shall be
paid;
6. An order prohibiting the continuation or repeated occurrence of the violation
described in the administrative citation;
7. A description of the administrative citation appeal process, including the time
within which the administrative citation may be contested and the procedure for
requesting a hearing; and
8. The name and signature of the enforcement offIcer.
1.25.060 Administrative Citations - Continuing Building Violation Pre-Citation Notices
A. Prior to issuing an administrative citation for a continuing violation of this code
pertaining to building, plumbing, electrical or other similar structural or zoning
issues, that do not create an immediate danger to health or safety, the enforcement
officer shall serve a pre-citation notice on the person responsible for the violation
(and the property owner) containing the following information:
1. The date the violation was observed;
2. The address or a definite description of the location where the violation occurred;
3. The section of this Code violated and a description of the violation;
4. The compliance date by which the violation shall be corrected or otherwise
remedied, as determined to be reasonable by the enforcement offIcer;
5. A statement that if the violation is not corrected by the specifIed compliance date,
that an administrative citation will be issued which imposes a penalty, and the
amount of the penalty to be imposed;
6. A statement that if the violator believes the notice to be in error, that contact
should be made with the enforcement offIcer issuing the citation to discuss the
matter. The enforcement offIcer may refer any such discussion to a supervisor or
department director;
7. The name and signature of the enforcement offIcer.
B. In the case of a continuing violation described in subsection (A) hereof, the
enforcement offIcer shall provide the person responsible for the violation a reasonable
time, not to exceed six (6) months, to remedy or correct the violation prior to
imposition of fInes or penalties. In determining what is a reasonable time the city
may consider the estimate of local professionals including licensed contractors.
1.25.070 Continuing Violations
Each and every day or portion thereof that a violation of this Code occurs or continues
shall constitute a new, separate and distinct offense.
1.25.080 Administrative fines, fees or penalties
A. The amounts of fInes, fees or penalties for violations imposed pursuant to this chapter
shall be set forth in the administrative fees and fmes schedule established by
resolution of the city council.
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B. The administrative fees and fInes schedule shall specify an increased fine or penalties
for repeat violations of the same or similar provision by the same person within
twelve (12) months from the date of an administrative citation.
C. The administrative fees and fines schedule shall specify the amount of any late
payment charges imposed for the payment of a fine, fee or penalty after its due date.
1.25.090 Payment of Fines, Fees or Penalties
A. The fIne, fee or penalty shall be paid to the city within thirty (30) days from the date
of the administrative citation.
B. Payment of a fIne, fee or penalty under this chapter shall not excuse or discharge any
continuation or repeated occurrence of the violation that is the subject of the
administrative citation.
C. Any administrative citation fIne, fee or penalty paid pursuant to subsection A of this
section shall be refunded in accordance with section 1.26.060(B) if it is determined,
after a hearing, that the person charged in the administrative citation was not
responsible for the violation, that there was no violation as charged in the
administrative citation or a modification to the amount owed was made.
1.25.100 Request for an Administrative Citation Appeal Hearing
A. Any recipient of an administrative citation may contest that there was a violation or
that he or she is the responsible party thereof.
B. Where an aggrieved, responsible party seeks to appeal an administrative citation, that
person shall file a written request for a hearing with the city manager, or his/her
designee, within ten (10) calendar days from the date of the administrative citation,
together with an advance deposit ofthe fInes or penalty, except where an advance
deposit hardship waiver (form may be obtained from the city administrative offIces)
has been fIled and approved in accordance with procedures adopted by the city
manager or his/her designee.
C. Notice of the administrative citation appeal hearing shall be given in the manner
provided for in section 1.26.040.
D. If the enforcement officer submits a written report concerning the administrative
citation to the administrative hearing officer for consideration at the hearing, then a
copy of this report shall be served with the notice of administrative citation appeal
hearing.
E. The administrative citation appeal hearing shall be conducted in the manner provided
for in Chapter 1.26 of this code.
1.25.110 Notices
A. The administrative citation and all notices required to be given by this chapter shall
be served on the responsible party in substantially the same manner as set forth in
Section 1.24.130.
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B. If the Enforcement OffIcer is unable to locate the responsible party for the violation at
the propeI1y where the violation exists, then the administrative citation shall be
mailed to the responsible party in the manner prescribed in section 1.24.130 and
posted in a conspicuous place on or near the property.
C. Failure of any person to receive any notice specifIed in this chapter does not affect the
validity of the proceedings conducted hereunder.
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Administrative Hearings
1.26 - Administrative Hearings
1.26.010 Purpose and Intent
1.26.020 Definitions
1.26.030 Administrative Hearing OffIcer
1.26.040 Notice of Hearings
1.26.050 Manner of Conducting Hearing.
1.26.060 Hearing OffIcer Decision
1.26.070 Liability of Responsible Parties
1.26.010 Purpose and Intent.
In order to effect a proper enforcement of this Code and provide for the procedural and
substantive due process rights of all persons subject to enforcement of this Code, there shall be
two general types of administrative hearing: (1) an enforcement hearing which is typically
associated with a notice of violation and order to abate which is associated with a nuisance, and
(2) an administrative citation appeal hearing which is associated with a person contesting an
administrative citation. The purpose and intent of this Chapter is to set forth a process for all
administrative hearings unless otherwise provided by law.
1.26.020 Definitions
The terms used in this Chapter shall have the same meaning as provided for in Chapter
1.24 of this Code.
1.26.030 Administrative Hearing OffIcer
A. Administrative hearing offIcer(s) shall be appointed by the city manager in accordance
with the city mananger's policy.
B. Independent Authority. The employment, performance evaluation, compensation and
benefIts of the administrative hearing offIcer shall not be directly or indirectly
conditioned upon the amount of the administrative fInes or penalties upheld, awarded,
imposed, or assessed by the administrative hearing offIcer.
C. DisqualifIcation. Any person designated to serve as an administrative hearing offIcer is
subject to disqualifIcation for bias, prejudice, interest, or for other reason for which a
judge may be disqualifIed in a court of law. Rules and procedures for the
disqualifIcation of an administrative hearing officer based upon a showing of actual
bias, prejudice, interest, or other reason shall be promulgated by the city manager or
the city manager's designee.
C. Powers. The administrative hearing offIcer shall have the power to:
1. Conduct administrative enforcement hearings and administrative appeal hearings
as provided under the authority of this Code;
1
2. Continue a hearing based on good cause shown by one of the parties to the
hearing or upon his own independent determination that due process has not been
adequately afforded to a responsible party;
3. Exercise continuing jurisdiction over the subject matter of an administrative
enforcement hearing or administrative appeal hearing;
4. Rule upon the merits of an administrative enforcement hearing or an
administrative appeal hearing upon consideration of the evidence submitted and
issue a written decision resolving the case;
5. Uphold, award, impose, assess, or deny a fIne or penalty authorized under this
Code;
6. Assess administrative costs according to proof;
7. Set, increase, or decrease, according to proof, the amount of fIne or penalty or the
daily rate of such fine or penalty sought by the City to be awarded, imposed, or
assessed in those cases where the fine or penalty is not fixed but is subject to a
range as otherwise established by this code;
8. In those cases where the fine or penalty is not fixed but is subject to a range as
otherwise established by this Code, determine the date certain upon which the
assessment of civil penalties shall begin; and, where the corrections are
subsequently completed to the City's satisfaction, the date certain upon which the
assessment of civil penalties shall end. If the violations have not been so
corrected, the daily accrual of the penalties assessed shall continue until the
violations are corrected or the legal maximum limit is reached;
9. Where appropriate in administrative enforcement actions and as a condition of
compliance in correcting the violations at issue; require each responsible party to
cease violating this Code and to make all necessary corrections as specified by the
City.
1.26.040 Notice of Hearing
A. A notice of an administrative enforcement hearing or an administrative appeal hearing
shall contain, at a minimum, the following:
1. Date and Time of Hearing
2. Location of Hearing
3. Name of Administrative Hearing OffIcer
4. Nature 0 f the hearing
B. The notice shall be sent a minimum often (10) day prior to the hearing to appropriate
parties by the methods listed in 1.24.130.
1.26.050 Manner of Conducting Hearing
A. An administrative enforcement hearing or an administrative appeal hearing shall
occur at the time and place designated: (1) in the notice of violation and order to abate
issued in accordance with section 1.24.140, or (2) in the notice sent in response to a
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request for a hearing to contest an administrative citation pursuant to section
1.25.090. Notwithstanding the foregoing, no hearing to contest an administrative
citation shall be held unless the penalty has been deposited in advance in accordance
with section 1.25.090 or an advance deposit hardship waiver has been obtained in
accordance with procedures adopted by the city manager or his/her designee.
B. The appointed administrative hearing offIcer shall hear and consider all relevant
evidence, including, but not limited to, applicable staff reports, oral, physical and
documentary evidence regarding the alleged violation.
C. Admission of evidence and the conduct of the hearing shall be controlled by the
administrative hearing officer in accordance with the fundamentals of due process.
The administrative hearing officer may, among other things, set reasonable limits on
the length of the hearing; limit the number of witnesses to testify for each side where
their testimony would be unduly burdensome or cumulative or repetitive in nature;
limit or curtain any abusive, argumentative, repetitive or otherwise irrelevant
testimony; and place reasonable limits on the right to cross-examine and present
evidence.
D. The enforcement officer shall bear the burden of proving by a preponderance of the
evidence that a violation of the Code exists.
E. The notice of violation and order to abate or the administrative citation and any report
submitted by the enforcement officer to the administrative hearing offIcer shall
constitute prima facie evidence of the respective facts contained in those documents.
F. Oral evidence may be heard on oath or affIrmation.
G. The owner or any responsible person may be represented by anyone of their choice or
may represent themselves.
H. The hearing shall not be conducted according to the formal rules of evidence.
1. Hearsay evidence may be used for the purpose of supplementing or explaining any
direct evidence.
J. The failure of any recipient of a notice of violation and order to abate to appear at the
administrative enforcement hearing shall constitute a failure to exhaust their
administrative remedies. The failure of any recipient of an administrative citation to
appear at the administrative citation appeal hearing shall constitute a forfeiture of the
penalty and a failure to exhaust their administrative remedies.
1.26.060 Hearing OffIcer Decision.
A. After considering all of the testimony and evidence submitted at the hearing, within
ten (10) days after the conclusion of the hearing, the administrative hearing offIcer
shall issue a written decision to uphold, modify, or cancel the administrative citation
or notice of violation/order to abate. The administrative hearing offIcer shall state in
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the decision the reasons for that decision, including the factual fIndings and
conclusions made by the administrative hearing offIcer. The decision of the
administrative hearing officer shall be final.
B. If the administrative hearing offIcer determines that the administrative citation or
notice of violation/order to abate should be canceled and the fIne or penalty was
deposited with the City, then the City shall promptly refund the amount of the
deposited fIne or penalty, together with interest at the average rate earned on the
City's investment portfolio for the period of time that the penalty amount was held by
the City.
C. If the administrative hearing officer detern1ines that the administrative citation or
notice of violation/order to abate should be upheld or amended, the administrative
hearing offIcer shall determine the amount of fine to be imposed. Any fIne or penalty
amount on deposit with the City shall be retained to meet the amount imposed. In
cases of approved hardship waiver, or outstanding fInes or penalties, the
administrative hearing offIcer shall specify a date by which the fine or penalty is to be
paid to the City.
D. In ruling on a notice of violation/order to abate, if the administrative hearing offIcer
determines that a nuisance does exist, the administrative hearing offIcer shall include
in his or her decision an order to abate the nuisance within ten (10) days of mailing
the decision or within such time as the administrative hearing offIcer deems
reasonable. If the city attorney determines that the violation implicates a First
Amendment right, the order shall provide that the order to abate is suspended until the
responsible party exhausts his or her judicial remedies. The written determination
shall further state that if the nuisance is not abated within the time provided, the
nuisance shall be abated by the City at the parties' expense and the expenses may be
made a lien or special assessment against the property.
E. In the case of an administrative citation issued for a continuing violation pertaining to
building, plumbing, electrical, or other similar structural or zoning issues that do not
create an immediate danger to health or safety, the administrative hearing offIcer shall
specify a reasonable time, not to exceed six (6) months, to remedy or correct the
violation prior to the imposition of fInes or penalties. In determining what is a
reasonable time the administrative hearing officer may consider the estimate of local
professionals including licensed contractors.
F. If the administrative hearing officer determines that a nuisance exists which is likely
to recur after the abatement, the owner may be directed to take adequate precautions
for a period of time not to exceed twelve (12) months so that the nuisance will not
recur.
G. The recipient of the administrative citation or notice of violation/order to abate shall
be served a copy of the administrative hearing offIcer's written decision in a manner
set forth in 1.24.130. Copies of the decision shall be sent to the owner, responsible
person, the enforcement offIcer and the city clerk.
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H. The administrative hearing officer's decision shall include a statement that the person
who received the administrative citation or notice ofviolation/order to abate may
contest the decision by fIling a petition for review with the superior court in Sonoma
County in accordance with the timelines and procedures specifIed in Government
Code 53069.4.
1.26.070 Liability of Responsible Parties.
For the purposes of this chapter, each responsible party shall be jointly and severally liable for
any and all fines, fees, and penalties, and related administrative costs awarded, upheld, assessed,
or imposed under this chapter.
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1.27. Collection Procedures
1.27.010 Purpose and Intent
1.27.020 DefInitions
1.27.030 Remedies for Late, Unpaid Fines, Fees and Penalties
1.27.040 Collection Procedures
1.27.050 Nuisance Abatement Lien
1.27.060 Special Assessment
1.27.070 Lien Procedures
1.27.010 Purpose and Intent
The purpose and intent of this Chapter is to set forth a process so the City may collect any
past -due fines, fees, penalties or late payments charged by use of any and all available legal
means and to provided for the procedural and substantive due process rights of all persons
subject to special assessments and/or liens.
1.27.020 Definitions
In addition to the items listed below, unless the context clearly indicates to the contrary, the
terms used in this Chapter shall have the same meaning as provided for in Chapter 1.24 of this
Code.
A. "City clerk" means the city clerk of the City ofRohnert Park or his/her designee.
B. "City council" means the city council as the legislative body ofthe city.
C. "Debt" means money, property or their equivalent which is due or owing or alleged to
be due or owing.
D. "Debtor" means a person owing debt.
1.27.030 Remedies for Late, Unpaid Fines, Fees and Penalties
A. Any person who fails to pay the City any fIne, fee or penalty imposed pursuant to the
provisions of this code on or before the date that the fIne, fee or penalty is due shall
be liable for the payment of any applicable late payment charges set forth in the
administrative fees and fines schedule.
B. Unpaid fines, fees and penalties and late charges related to administrative citations
shall be a debt to the City and subject to all remedies for debt collection as allowed by
law.
C. When a violation involves real property and the fines, penalties, and related costs are
not paid within the prescribed time, the amount of those fmes, penalties and their
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related costs may be records as a lien upon and against the real property, as provided
for in this chapter, or as an assessment lien and be collected as a special assessment.
1.27.040 Collection Process
A. Any person who fails to pay the City any fIne, fee, or penalty imposed pursuant to the
provisions of this Code on or before the date that the fIne, fee, or penalty is due will
initiate the collection process provided in this Code.
B. Whenever a notice is required to be given under this Code, such notice may be given
pursuant to 1.24.130.
C. A first notice of debt owed will be given to the debtor with the information required
by the Fair Debt Collection Practice Act (15 USC 1692) and be required to pay all
amounts owed to the City by the date indicated in the notice.
D. A second notice of debt owed will be given to the debtor if the amount owed is not
paid by the date set in the first notice. The amount owed in the second notice will be
owed by the date indicated in the notice.
E. If the amount owed to the City is not received by the date indicated in the second
notice. The debt will be collected by use of all available legal means.
F. Failure to receive any notice specifIed in this code does not affect the validity of
proceedings conducted hereunder.
1.27.050 Nuisance abatement lien
If the City makes the cost of abatement a lien against the property on which the nuisance
is maintained, the City shall:
A. Provide notice prior to the recordation of the lien to the owner of record of the parcel
of land on which the nuisance is maintained, based on the last equalized assessment
roll or the supplement roll, whichever is more current; and
B. Follow the procedure for nuisance abatement liens set forth in Government Code ~
38773.1.
1.27.060 Special Assessment
If the City makes the abatement costs a special assessment against the property on which the
nuisance is maintained, the City shall:
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A. Provide notice of the special assessment to the property owner by a method as listed in
1.24.130, if the property owner's identity can be determined from the county assessor's
or county recorder's records, at the time of imposing the assessment, which notice shall
specify that the property may be sold after three (3) years by the tax collector for unpaid
delinquent assessments; and
B. The City shall follow the procedures set forth in Government Code ~ 38773.5.
1.27.070 Lien procedures
Whenever the amount of any administrative fIne, fee or penalty and/or administrative cost
imposed pursuant to this chapter in connection with real property has not been satisfIed in
full within the time periods set forth in this chapter and lor has not been successfully
challenged as provided for in section 1.26.050(H), this obligation may constitute a lien
against the real property on which the violation occurred as follows:
A. The lien shall have no force and effect until recorded with the county recorder. Once
recorded, the administrative order shall have the force and effect and priority of a
judgment lien governed by the provisions of Section 697.340 of the Code of Civil
Procedure and may be extended as provided in Sections 683.110 through 683.220,
inclusive, of the Code of Civil Procedure.
B. Interest shall accrue on the principal amount of the judgment remaining unsatisfied
pursuant to law.
C. Prior to recording any such lien, the director of fInance shall prepare and file with the
city clerk a report stating the amounts due and owing.
D. The city clerk shall fIx a time, date and place for hearing such report and any protests
or objections thereto by City Council. Each protest or objection must contain a
description of the property in which the protesting party is interested and the grounds
of such protest or objection. Protests or objections shall be limited to the amount of
the lien, not the underlying violation of this code. The City Council, after the
hearing, shall adopt a resolution confIrming, discharging or modifying the amount of
the lien.
E. The director of finance shall cause written notice to be served on the property owner
no less than ten (10) days prior to the time set for the hearing.
F. Thirty (30) days following the adoption of a resolution by the City Council imposing
a lien, the city clerk shall fIle the same judgment lien in the offIce of the county
recorder of Sonoma County. The lien may carry such addition administrative charges
as set forth by resolution of the City Council.
G. Once payment in full is received by the City for outstanding fInes, fees, penalties and
costs, the director of fmance shall either record a notice of satisfaction or provide the
property owner with a notice of satisfaction so they may record this notice with the
office of the county records. Such notice of satisfaction shall cancel the City's lien.
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