2020/01/28 City Council Ordinance 942 ORDINANCE NO. 942
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA AMENDING CHAPTERS 5.30 (ABANDONMENT OF SHOPPING
CARTS); 1.16 (GENERAL PENALTY); 1.24 (NUISANCE ABATEMENT); 1.25
(ADMINISTRATIVE CITATIONS); 1.26 (ADMINISTRATIVE HEARINGS); AND 1.27
(COLLECTION PROCEDURES) OF THE ROHNERT PARK MUNICIPAL CODE
WHEREAS, the City of Rohnert Park (City) is increasingly challenged with keeping
abandoned shopping carts from littering its community, contributing towards blighted conditions,
and signaling urban decay; and
WHEREAS, existing Rohnert Park Municipal Code provisions pertaining to abandoned
shopping carts have been determined to be in need of revision to meet the changing needs of the
City; and
WHEREAS, at the October 8, 2019 City Council meeting, staff brought forth an item
seeking discussion and direction pertaining to shopping cart management options, and received
direction from Council to require "Cart Retrieval and Management Plans from Businesses"; and
WHEREAS,the City's rules and regulations for Shopping Carts are currently set forth in
Chapter 5.30 of Title 5 of the Rohnert Park Municipal Code; and
WHEREAS,the City's General Penalty provisions are currently set forth in Chapter 1.16
of Title 1 of the Rohnert Park Municipal Code; and
WHEREAS, the City's rules and regulations for Nuisance Abatement are currently set
forth in Chapter 1.24 of Title 1 of the Rohnert Park Municipal Code; and
WHEREAS,the City's rules and regulations for Administrative Citations are currently set
forth in Chapter 1.25 of Title 1 of the Rohnert Park Municipal Code; and
WHEREAS,the City's rules and regulations for Administrative Hearings are currently set
forth in Chapter 1.26 of Title 1 of the Rohnert Park Municipal Code; and
WHEREAS, the City's rules and regulations for Collection Procedures are currently set
forth in Chapter 1.27 of Title 1 of the Rohnert Park Municipal Code; and
WHEREAS, the City desires to better consolidate and update its codes, and streamline
enforcement and abatement processes pertaining to shopping carts and other nuisance conditions;
and
NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, does hereby ordain as follows:
SECTION 1. VALIDITY.
The above recitations are true and correct.
SECTION 2. FINDINGS.
The City Council finds:
A. That the proposed amendments to the Rohnert Park Municipal Code will contribute to the
public health, safety and welfare, by facilitating the removal of wrecked, dismantled, and
abandoned shopping carts and parts thereof from public and private property within the
city, thereby alleviating the health and safety hazards, unsafe conditions, and the
impairment of property values resulting from the abandonment of such carts;
B. That this ordinance is enacted in compliance with Business and Professions Code Sections
22435.8 and pursuant to authority in Government Code Section 37100 to pass ordinances
not in conflict with the Constitution and laws of the State or the United States.
C. Enforcement of city ordinances is an essential government function and necessary to
adequately protect the public health and safety.The proposed amendments to Rohnert Park
Municipal Code chapters 5.30, 1.16, 1.24, 1.25, 1.26 and 1.27 will ensure the continued
prevention, detection, investigation and enforcement of violations of ordinances regulating
public health, safety, and welfare, public works, business activities and consumer
protection,building standards, land-use, and other municipal affairs in a manner consistent
with applicable law.
SECTION 3. ENVIRONMENTAL REVIEW.
The City Council finds:
A. That adoption of this ordinance is not a project within the meaning of section 15378 of the
Guidelines for Implementation of the California Environmental Quality Act ("CEQA")
because it has no potential to result in physical changes to the environment, either directly
or indirectly;
B. That the approval of this ordinance is exempt under section 15061(b)(3) of the CEQA
Guidelines because it can be seen with certainty that there is no possibility that the adoption
of this ordinance may have a significant effect on the environment; and
C. That the fee provisions of the proposed ordinance do not constitute a project under CEQA
Guidelines section 15378(b)(4), which says that the creation of government funding
mechanisms that do not involve a commitment to a particular project do not fall under the
auspices of CEQA.
SECTION 4. CHAPTER 5.30, "ABANDONMENT OF SHOPPING CARTS," IS HEREBY
REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING:
Chapter 5.30—SHOPPING CART MANAGEMENT PROGRAM
5.30.010 Purpose.
The purpose of this chapter is to set forth regulations to ensure measures are taken by the owners
and operators of businesses, which provide shopping carts for the convenience of customers,to
prevent the removal of shopping carts from business premises and parking lots, and to provide
for the prompt retrieval of lost, stolen or abandoned shopping carts. The regulations in this
chapter are designed to complement and supplement provisions of State law; any perceived
conflict with State law should be read to give effect to State law so as to avoid a preemption
issue.
5.30.020 Definitions.
Except as otherwise expressly set forth herein, the following terms and phrases shall have the
following meanings:
A. "Abandoned shopping cart," see "Lost, stolen or abandoned shopping cart."
B. "Cart" or"Shopping cart"means a basket that is mounted on wheels or a similar device
generally used in a retail or commercial establishment, typically by a customer, for the
purpose of transporting goods of any kind. The term"shopping cart" or"cart" includes a
laundry cart.
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C. "City"means the City of Rohnert Park, California, or its designated representative.
D. "City Manager"means the City Manager of the City or their designee.
E. "Director" or"Director of Development Services" means the Director of Development
Services of the City or their designee, or such other person designated by the City
Manager.
F. "Enforcement personnel" means any Rohnert Park Public Safety Officer, Community
Service Officer, Code Compliance Manager, Code Compliance Officer or any other
person designated by the City Manager.
G. "Laundry cart"means a basket which is mounted on wheels and used in a coin-operated
laundry or dry-cleaning retail establishment by a customer or an attendant for the purpose
of transporting fabrics and the supplies necessary to process fabrics.
H. "Lost, stolen or abandoned shopping cart" means a shopping cart which is either:
1. Removed from the premises of a retail establishment by any person, without the
written permission or consent of the owner of the shopping cart or the retailer
otherwise entitled to possession of such cart; or
2. Left unattended, discarded or abandoned upon any public or private property
other than the premises of the retail establishment from which the shopping cart
was removed, regardless of whether such shopping cart was removed from the
premises with the permission of the owner.
I. "Owner"means any owner, manager, operator, or employee of any retail establishment.
I "Parking area"means a parking lot or other property provided by a retail establishment
for the use of customers for parking of customer vehicles. The parking area of a retail
establishment located in a multistore complex or shopping center shall include the entire
parking area used by the multistore complex or shopping center.
K. "Premises"means any building, property or other area upon which any retail
establishment business is conducted or operated in the City, including the parking area
provided for customers.
L. "Public property" means and includes, but is not limited to, all areas dedicated to public
use for public street purposes; roadways; alleys; sidewalks; flood control channels; and
any public right-of-way.
M. "Retail establishment"means any business located in the City, regardless of whether the
business is advertised or operated as a retail or wholesale business, and regardless of
whether the business is open to the general public, or is a private club or business, or is a
membership store.
N. "Shopping cart containment plan" or"SCCP"means a written shopping cart containment
plan that may be required by the Director upon making a determination that an SCRP is
ineffective in preventing the removal of shopping carts, or otherwise fails to comply with
the provisions of this chapter, as set forth in section 5.30.070
O. "Shopping Cart Retention/Retrieval Plan" or"SCRP" means a written Shopping Cart
Retention/Retrieval Plan, for the retrieval of lost, stolen or abandoned shopping carts
which have been removed from the premises of their retail establishment, approved by
the Director as set forth in section 5.30.050.
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5.30.030 Enforcement.
The Director of Development Services shall oversee the implementation, administration and
enforcement of this chapter. The Director is hereby authorized and directed to promulgate and
implement rules, regulations and procedures necessary or appropriate for enforcement of this
chapter.
5.30.040 Shopping Cart Retention/Retrieval Plan or Shopping Cart Containment Plan
Required.
Except as otherwise expressly provided in this chapter, it shall be unlawful for the owner or
operator of any retail or commercial establishment to offer or provide, or permit to be provided
or offered, any shopping carts for use by any customer, invitee, employee, or contractor, without
an approved shopping cart retention/retrieval plan or shopping cart containment plan.
5.30.050 SCRP Application and Contents.
A. Plans Requirements Generally. An approved plan shall include adequate measures, as
determined by the Director, so that all abandoned shopping carts are retrieved within
twenty-four(24) hours of. (1) their removal from the property; or(2)notification by
enforcement personnel. The owner or operator may employ the personnel of the retail
establishment itself or a professional retrieval service. An approved plan shall require that
shopping carts located on the premises of all retail establishments be collected throughout
the day and night and placed within designated corral area(s), and adequately secured
during non-business hours.
B. Application Required. Owners of every retail establishment that utilize carts shall submit
an application to the City to develop and implement a written Shopping Cart
Retention/Retrieval Plan (SCRP) for the retrieval of lost, stolen or abandoned shopping
carts which have been removed from the premises of their retail establishment as set forth
in this section. An application fee for a SCRP may be established by resolution of the
City Council. Within sixty (60) calendar days of the effective date of this chapter, all
owners of existing retail establishments that already utilize carts shall submit an
application to the Director of Development Services.New retail establishments or
existing establishments seeking to begin the use of carts in business operations shall
submit and receive approval of a SCRP prior to commencing business operations.
1. Two (2) or more retail establishments located within the same shopping or retail
center or sharing a common parking area may collaborate and submit a single
SCRP.
2. In this circumstance, each retail establishment would submit individual
applications and would continue to retain individual responsibility for their own
compliance.
C. Required Contents. At a minimum, an application for a SCRP shall include the following:
1. A completed and signed SCRP application, on a form provided by the Director;
2. A minimum 11" by 17" site plan showing all entrances and exits for both the
establishment and the premises; the placement location(s) for signage notifying
customers that shopping carts may not be removed from the premises without
written authorization; and the location(s) of all cart corral area(s);
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3. A signage exhibit that provides illustrations for all signage types required under
section 5.30.060 of this code;
4. A written plan describing how shopping carts located on the premises will be
collected throughout the day and night and be placed within designated corral
areas; and
5. A written plan describing offsite collection measures to be implemented by the
applicant that ensure that all abandoned shopping carts are retrieved (by
employees or an off-site contractor) within 24 hours of their removal from the
property. Owners of every retail establishment that utilize carts shall provide
evidence, in the form of an executed service contract, agreement, or employee
duties assignment document, that they have engaged the services of a valid
shopping cart retrieval service or made adequate plans to use in-house employees
to retrieve all carts that leave the premises.
D. The Director may deny an application for a SCRP based upon any of the following
grounds:
1. Implementation of the plan violates any provision of the building, zoning, health,
safety, fire, police or other provision of this code or any county, state or federal
law which substantially affects public health,welfare, or safety;
2. The plan fails to include all of the information required by this chapter;
3. The plan is insufficient or inadequate to prevent removal of carts from the
premises;
4. The plan fails to address any special or unique conditions due to the geographical
location of the premises as they relate to cart retention and prevention efforts;
5. Implementation of the plan violates a term or condition of a plan or other
requirement of this code;
6. The owner knowingly makes a false statement of fact or omits a fact required to
be revealed in an application for the plan, or in any amendment or report or other
information required to be made.
E. Notwithstanding section 5.30.040, the Director may allow an owner or operator to allow
customers to use shopping carts during the pendency of an application for a SCRP.
5.30.060 Signage requirements.
A. Cart Signage. It shall be unlawful for the owner or operator of any retail establishment to
provide or offer, or permit to be provided or offered, to customers of said retail
establishment any shopping cart which does not have a sign permanently affixed thereto
containing all of the information specified in section 22435.1 of the Business and
Professions Code of the State of California. Every shopping cart made available for use
by customers shall have vandalism-resistant signage permanently affixed to it, not
smaller than sixty(60 int) square inches in size, consisting of white lettering at least one-
quarter inch(1/4") in height on a contrasting background which:
1. Clearly identifies the specific name and location of the retail establishment that
owns or uses the cart, and clearly displays a unique number that has been assigned
to each cart;
2. Notifies the public of the procedure (if one exists)to be utilized for authorized
removal of a cart from the premises;
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3. Notifies the public that the unauthorized removal of a cart from the premises of
the business, or the unauthorized possession of a cart, is a violation of state and
local law; and
4. Lists a valid telephone number and address for returning a cart removed from the
premises to the retail establishment.
The cart signage requirements of this section shall apply regardless of whether a SCRP or
SCCP has been approved by the Director.
B. Establishment Signage. Within thirty(30) calendar days of the approval date of a SCRP,
signs shall be posted at every customer entrance and exit to the retail establishment,
measuring no less than seventeen (17") inches by twenty-two (22") inches in size,
consisting of white lettering no smaller than one (F) inch in height on a contrasting
background, which notifies customers that shopping carts may not be removed from the
premises. Additional signs may be posted on the premises notifying customers that
shopping carts may not be removed from the premises.
C. Signage required under this section shall be maintained in legible condition at all times
and replaced immediately as becomes necessary due to weathering, damage, vandalism,
etc.
5.30.070 Shopping cart containment plan (SCCP).
A. Upon making a determination that a previously approved SCRP is ineffective in
preventing the removal of shopping carts, or otherwise fails to comply with the
provisions of this chapter, the Director shall require the owner of the retail establishment
to submit an application for a Shopping Cart Containment Plan(SCCP). The Director
may determine a previously approved SCRP is ineffective if:
1. Within any sixty (60) calendar day period,there have been three (3) or more
incidents of shopping carts found off the premises for a period of time in excess
of twenty-four (24)hours; or
2. The owner or operator fails to maintain written evidence of retained collection
staff as required under the SCRP; or
3. The owner or operator fails to maintain required signage as provided in
section 5.30.060 of this Chapter.
B. SCCP application requirement. Should the Director of Development Services determine,
based on the criteria provided in section 5.30.070(A) of this Chapter, that a SCCP is
required,the retail establishment shall submit their SCCP Application within thirty (30)
days of notification.Notwithstanding section 5.30.040,the Director may allow an owner
or operator that timely submits an SCCP application to allow customers to use shopping
carts meeting the signage requirements of this code during the pendency of an application
for a SCOP.
C. Application Contents. At a minimum, the SCCP application shall include the following:
1. A completed and signed SCCP application, on a form provided by the Director;
and
2. One (1) or more of the following specific physical measures to prevent carts from
leaving the premises:
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i. Utilization of employee(s) to escort customers with carts to their vehicles,
ensuring that carts do not leave the premises; or
ii. Utilization of security personnel to prevent the physical removal of carts
from the premises; or
iii. Physical barriers located at doors, around loading areas or other defined
perimeters, which will prevent the passage of carts beyond the barriers.
The barriers may also be placed on the carts themselves so that a cart
cannot pass through door openings or other defined perimeters; or
iv. Disabling devices on all carts, which are activated when a cart crosses a
barrier at the perimeter of the premises in order to immediately and
effectively immobilize the cart at the barrier; or
v. Other means approved by the Director of Development Services; and
3. All of the cart retrieval and retention measures required under section 5.30.050 of
this Chapter.
D. The SCCP application shall be accompanied by an application fee established by
resolution of the City Council.
E. Plan Review and Approval. Upon the filing of any proposed SCCP application pursuant
to this section, the Director of Development Services shall review the proposed plan and
either approve or deny the proposed plan within thirty(30) calendar days following the
receipt thereof by the Director of Development Services. The proposed SCCP may be
approved if the Director of Development Services finds that the proposed plan complies
with section 5.30.070(C) of this Chapter.
The decision of the Director of Development Services shall be made in writing and notice
thereof shall be transmitted to the owner in accordance with the provisions of section
1.24.130 of this code. If the proposed SCCP is denied, the notice of decision given to the
owner shall state the grounds upon which the proposed plan was denied, and the specific
minimum physical containment measures necessary for resubmittal. SCCP resubmittals
after denial shall be made within 30 days of such notification of denial. A decision of the
Director of Development Services may be appealed by the owner in the time and manner
provided in this section.
F. Amendment by Owner. The owner of any retail establishment which has an approved
SCCP conforming to the requirements of this chapter may, at any time, submit a
proposed amendment to the approved plan, provided that the amendments do not
represent a reduction in physical containment measures. The amendment shall be
processed in the manner provided for in this section, and shall require payment of the
applicable fee.
G. Amendment by City. The Director of Development Services may require the owner of
any retail establishment with an approved SCCP to amend said plan when the approved
plan is deemed ineffective in preventing the removal of shopping carts or otherwise fails
to comply with the provisions of this chapter,pursuant to the same criteria used in section
5.30.070(A) of this chapter.
5.30.080 Appeals.
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Within fifteen(15) calendar days from any decision of the Director of Development Services
under this chapter, an affected owner or operator may file an appeal to the city manager, whose
decision shall be final. In the absence of a timely appeal, the decision of the Director of
Development Services shall be deemed final and conclusive.
5.30.090 Impoundment and disposal of abandoned or wrecked shopping carts.
Abandoned shopping carts may be impounded and disposed of pursuant to California Business
and Professions Code section 22435.7, or any successor statute that replaces section 22435.7.
The city manager, or his authorized designee, may determine that a wrecked shopping cart that
does not meet the signage requirements of this chapter is in such poor condition that it may be
disposed of immediately, subject to any requirements in state law.
Any shopping cart located on any public or private property other than the premises of the retail
establishment from which such shopping cart was removed shall be presumed lost, stolen or
abandoned, even if in the possession of any person, unless such person in possession thereof
either:
A. Is the owner, or an employee or authorized agent of the owner, entitled to possession of
the shopping cart;
B. Is an officer, employee or agent of a cart retrieval service hired by the owner to retrieve
such carts;
C. Is enforcement personnel repositioning carts from a hazardous location(e.g., traffic
lanes)to an adjacent, secure location, or otherwise impounding and disposing of carts
having no identifying information; or
D. Has written permission or consent to be in possession of the shopping cart from the
owner entitled to possession of the shopping cart.
5.30.100 Unauthorized Removal Prohibited.
No person shall remove a cart from the premises of a retail establishment without the written
consent of the owner. Any person found in possession of a cart that is offsite from its retail
establishment, and that does not have in their possession written consent from the owner, shall be
guilty of a misdemeanor, unless otherwise made an infraction pursuant to section 1.16.010 of this
code.
5.30.110 Violation.
A. Any violation of this chapter shall be deemed a misdemeanor and subject to section 1.16.010
of this code.
B. It shall be deemed a public nuisance for any person owning, leasing, occupying or having
charge or possession of any retail establishment in the City to allow shopping carts to be
removed from their premises in violation of this chapter, or to fail to abide by the provisions
of any SCRP or SCCP approved by the Director. Any violation may be abated by the City
through civil proceedings by means of a restraining order, preliminary or permanent
injunction, or in any other manner provided by law for the abatement of such nuisances, and
each person violating a requirement under this chapter shall be subject to all enforcement
procedures available to the city, including the institution of administration remedies under
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chapter 1.24 or chapter 1.25. Any person who violates any of the provisions of this chapter
shall be responsible for the City's attorney fees associated with the abatement.
C. The penalties set forth in this chapter are cumulative and in addition to all other remedies,
violations and penalties set forth in the Rohnert Park Municipal Code, state law or federal law.
SECTION 5. SECTION 1.16.010 OF CHAPTER 1.16, "GENERAL PENALTY," IS HEREBY
REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING:
1.16.010—Violations; misdemeanors and infractions; acts include causing, aiding and
abetting
A. It shall be unlawful for any person to violate any provision of, or to fail to comply with any
of the requirements of this code or any ordinance of the City. Any person who violates or
fails to comply with any provision of this code or any City ordinance is guilty of a
misdemeanor, unless the violation is specifically identified in this code as an infraction.
B. For those violations specifically identified as misdemeanors in this code, an arresting
officer may choose to issue a citation for an infraction rather than a misdemeanor in any
one of the following instances:
(1) The violator identifies himself or herself to the arresting officer, produces government-
issued identification to the arresting officer and the arresting officer is able to verify
the authenticity of such identification; or
(2) The violator ceases or otherwise abates the violation after receiving notice of such
violation; or
(3) The violator has not previously been convicted of violating the same provision of this
code within two years of the currently charged violation; or
(4) There is no need to book the violator.
C. Notwithstanding any other provisions of this code, any such violation constituting a
misdemeanor under this code may, in the discretion of the attorney having prosecutorial
functions, be charged and prosecuted as an infraction.
D. Except in cases where a different punishment is specifically prescribed elsewhere in this
code, every misdemeanor offense shall be punishable by imprisonment for a period not
exceeding six months, or by fine not exceeding $1,000, or by both fine and imprisonment
at the discretion of the court.
E. An infraction is punishable by:
(1) A fine not exceeding one hundred dollars for a first violation;
(2) A fine not exceeding two hundred dollars for a second violation of the same code
provision within a twelve-month period;
(3)A fine not exceeding five hundred dollars for each additional violation of the same code
provision within a twelve-month period.
(4) An offense, which would otherwise be an infraction, is a misdemeanor if a person has
been convicted of three or more violations of the same code provision within a twelve-
month period.
For the purpose of this subsection, a bail or bond forfeiture or plea of nolo contendere is
considered a conviction of the offense charged.
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F. Notwithstanding subsection E above, an infraction of any local building and safety code
enacted under Title 15 of this code is punishable by:
(1) A fine not exceeding one hundred thirty dollars for a first violation;
(2) A fine not exceeding seven hundred dollars for a second violation of the same code
provision within a twelve-month period;
(3) A fine not exceeding one thousand three hundred dollars for each additional violation
of the same code provision within a twelve-month period; or
(4)A fine not exceeding two thousand five hundred dollars for each additional violation of
the same ordinance within two years of the first violation if the property is a commercial
property that has an existing building at the time of the violation and the violation is due to
failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the
property.
(5) An offense, which would otherwise be an infraction, is a misdemeanor if a person has
been convicted of three or more violations of the same code provision within a twelve-
month period.
For the purpose of this subsection, a bail or bond forfeiture or plea of nolo contendere is
considered a conviction of the offense charged.
G. An infraction is not punishable by imprisonment. Fines for infractions shall be subject to
reduction upon the submission of a hardship waiver and a showing by the responsible party
that the responsible party has made a bona fide effort to comply after the first violation and
that payment of the full amount of the fine would impose an undue financial burden on the
responsible party.
H. Whenever in this code any act or omission is made unlawful, it shall include maintaining,
causing, permitting, aiding or abetting any such act or omission. Each such person shall be
charged with a separate offense for each and every day during any portion of which a
violation of any provision of this code is committed,continued or permitted by such person,
and shall, upon conviction, be punishable accordingly.
SECTION 6. CHAPTER 1.24, "NUISANCE ABATEMENT," IS HEREBY REPEALED IN ITS
ENTIRETY AND REPLACED WITH THE FOLLOWING:
Chapter 1.24—NUISANCE ABATEMENT
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
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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 decision maker" means the administrative hearing officer or appeal board
designated to preside over administrative enforcement hearings and administrative appeal
hearings in accordance with chapter 1.26.
B. "Animal" means all nonhuman members of the animal kingdom, including domestic,wild,
exotic and livestock species.
C. "Building" and "structure" means anything which is built or constructed, or which is used
or intended for sheltering any use or occupancy, and includes, but is not limited to, any
house, garage, carport, duplex, apartment, condominium, mobile home, storage shed, any
commercial establishment, warehouse, fence, wall, or other object affixed to or upon real
property, or any assemblage of materials on the 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 their stead in connection with this chapter.
F. 'Enforcement officer" means any person designated by this code or 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.
I. "Immediate hazard or threat"means a condition or situation that poses a present or potential
danger to the environment or to human health, life, or safety, or the declaration of an
intention or the ability to cause harm, danger or risk to the safety of persons or property.
J. "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" and "Vehicle" shall have the same meanings as 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
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latest equalized assessment roll of Sonoma County, or as otherwise known to the city
manager or their designee by virtue of more recent and reliable information.
With regard to animals, an "owner" or "owner/guardian" means any person who keeps or
has charge of or provides custody or care to an animal. 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 of land 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 vehicle, object, vegetation, 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
this code, or under Civil Code sections 3479 and 3480, or at common law or in equity
jurisprudence. 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 of Rohnert
Park harmful to property or persons who may occupy, go upon, or are proximal to such
property.
Q. "Responsible party" means any occupant, lessor, lessee, manager, employer, licensee, or
other person having control over a building or structure,parcel of land,or place of business.
A responsible party may be a property owner, either individually or concurrently with
additional responsible parties.
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 any provision of this Code by any property owner or any
responsible party, or the creation or maintenance of any public nuisance by such owner or
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 from 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 of Rohnert Park,to
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maintain such property in such a manner that any of the following conditions are found to exist
thereon:
A. Any hazard, as defined in Title 24 of the California Code of Regulations or Title 15 of this
code;
B. Refuse and/or waste matter which by reason of its location and character is in such a
condition of deterioration that it constitutes visual blight, reduces the aesthetic appearance
of the neighborhood, 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 that is so out of harmony or conformity with the maintenance
standards of adjacent properties, or in such condition of deterioration or disrepair that the
same causes visual blight, reduces the aesthetic appearance of the neighborhood, is
offensive to the senses, or is detrimental to nearby properties to the extent that it causes
substantial diminution of the enjoyment, use or values of such properties, including, but
not limited to:
1. Buildings or structures which are abandoned, partially destroyed, damaged, boarded
up, dilapidated or left in a persistent state of partial construction. A "persistent state of
partial construction" is defined as any unfinished building where active construction is
not occurring, or 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. Building(s), structure(s) or property that is damaged, hazardous, broken, warped, dry
rotted, blighted, infested, unsightly, unmaintained, decayed, defective, deteriorated,
unsafe, dilapidated, in a state of disrepair, unsanitary, unfit for human habitation, in a
condition that is likely to cause sickness or disease or likely to cause injury to the health,
safety or general welfare of those living, working, accessing or occupying within.
3. Any building or portion thereof which is unpainted, or where the condition of existing
paint has become so deteriorated as to permit substantial decay, checking, cracking,
peeling, chalking, dry rot, warping, or termite infestation.
4. 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.
5. Building exteriors, walls, fences, gates, driveways, sidewalks, walkways, or alleys
which for at least twenty-four consecutive hours are maintained in such condition as to
become 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, is offensive to the senses, or is detrimental to nearby properties.
6. The accumulation, for twenty-four consecutive hours or more, of dirt, litter, or debris
in vestibules, doorways, or the adjoining sidewalks, passages, or breezeways of a
building.
7. 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,
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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 twenty-four consecutive 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.
8. Attractive nuisances dangerous to children and other persons,including,but not limited
to, broken or neglected household appliances, equipment, machinery or vehicles;
unfenced, abandoned, uncovered, unprotected, or otherwise unmaintained wells,
swimming pools, spas, ponds, excavations or other openings; and open and accessible
structures, whether vacant, abandoned or not.
9. 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 active construction authorized by a valid 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 seven-day period.
10. Construction equipment or machinery of any type or description parked or stored on
property for at least twenty-four consecutive hours where it is readily visible from a
public street, alley, or adjoining property, except while active excavation, construction
or demolition operations authorized by a valid 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.
11. 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 twenty-four consecutive hours and is visible from a public
street, alley or from any adjoining property.
12. Maintenance of land, the topography, geology or configuration of which, whether in a
natural state or as a result of grading operations, excavation or fill, causes erosion,
subsidence, or surface water drainage problems of such magnitude as to be injurious
or potentially injurious to the public health, safety and welfare or to adjacent
properties.
13. Maintenance of any structures, bins or containers used for the collection of donated
objects or items on any public or private property, unless completely enclosed within
a permitted building or otherwise permitted and approved by the City's Development
Services Department.
14. Maintenance of any signage which lacks a required permit, or is prohibited pursuant to
section 17.27.060 of this code.
15. Storage of any abandoned, wrecked, dismantled, inoperative, salvaged or disabled
vehicle,vessel,equipment trailer,house trailer,camper,camper shell,boat,boat trailer,
airplane or other mobile equipment, or parts thereof, stored or parked in front yards,
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side yards, backyards, driveways, sidewalks or walkways for at least twenty-four
consecutive hours and visible from a public street or any adjoining property.
16. Parking a vehicle in any required front yard or side yard setback upon any residential
property, except upon a driveway, within an approved garage or carport, or upon
another durable surface in conformity with applicable requirements in this code,
including section 17.16.080 of this code; parking a vehicle on any commercial
property except on a paved surface, or upon an unimproved lot or parcel in any zone,
or in violation of Chapter 17.16 of this code.
a. "Driveway" as defined in this chapter is a paved surface that leads to a
residential garage or carport.
b. "Durable surface" as defined in this chapter shall consist of concrete, asphalt,
permanently fitted stone or masonry pavers, or other durable material as may be
approved by the city.
17. Firewood longer than thirty-six inches in length and greater than twenty-four inches in
diameter; Firewood shall only be maintained in stacks located within side or rear yard
areas where such stacks maintain a minimum of 18" clearance from the ground.
18. Trees, vegetation or landscaping allowed to remain upon the property for at least
twenty-four consecutive hours that:
a. is dead, decayed, diseased, dry, overgrown,uncultivated, hazardous;
b. is likely to harbor such nuisances as vermin or rats;
c. is in a condition that causes visual blight, or reflects a lack of being maintained
in an ongoing manner;
d. constitutes a fire or health hazard, or creates a threat to the public health or
welfare;
e. is maintained with less than eight feet (8') of vertical clearance from sidewalks
and fourteen feet (14') of vertical clearance from streets, or obscures official
street or traffic signage; or
L consists of thorn or spine-bearing vegetation immediately adjacent to sidewalks
in residential areas.
19. Maintaining property in such a manner as to cause a hazard to the public by obscuring
visibility of vehicular or pedestrian traffic at intersections, parkways, sidewalks and
any other right-of-ways or blocks clear vision triangles required by section 17.14.040
of this code.
20. 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.
21. 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, constitute a
visual blight, reduce the aesthetic appearance of the neighborhood, is offensive to the
senses, or is detrimental to nearby properties.
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22. 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.
23. Any yard area, visible from a public street, alley or from any adjoining property, the
non-maintenance of which causes excessive dust or discharge of material onto the
public right-of-way or into the storm drain system; which contains the accumulation of
debris, constitutes visual blight, reduces the aesthetic appearance of the neighborhood,
is offensive to the senses, or is detrimental to nearby properties. This paragraph shall
not be construed to require the use of water or the installation of drought-resistant
vegetation to the tenant landscaping during any period in which a drought has been
officially declared.
24. Any graffiti, including paint, ink, chalk, dye, etchings, or similar marking substances,
which remains on the exterior of any building or structure, wall, fence, pavement,
window, vehicle, walkway or other object for at least twenty-four consecutive hours
and is visible from a public street, alley or any adjoining property.
25. The keeping, storing, depositing or accumulation on the premises of dirt, sand, gravel,
concrete, or other similar materials that constitutes visual blight, reduces the aesthetic
appearance of the neighborhood, is offensive to the senses, or is detrimental to nearby
properties, except when used for active excavation, construction or demolition projects
for which a valid building permit, if so required, has been obtained.
26. The storage or placement of any garbage can or refuse container where such can or
container is visible from a public right-of-way, other than between the hours of 6:00
PM of the day preceding collection day and 6:00 AM of the day following collection
day. Where no complying storage location exists, garbage cans and refuse containers
may be allowed to be placed in a manner that is removed from, yet remaining visible
to, the public right-of-way.
27. Failure to maintain required trash enclosures pursuant to section 17.12.130 of this
code.
28. Buildings, uses or conditions that:
a. Violate the California Building Standards Code as adopted by the City in Title
15;
b. Violate section 17920 of the California Health and Safety Code;
c. Violate any mandatory provisions of the City's Zoning Code as contained in Title
17; or
d. Violate any other provision of local, state or federal law relating to health, safety
or environmental protection.
29. 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;
30. Maintenance of any insects, including, but not limited to bees, whether wild or
domestic; hornets, or wasps on any property in such a manner as to pose a threat,
disturbance, danger, or menace to any person or property of another.
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31. Storage, keeping, operating or maintaining any equipment, machinery, vehicle, liquid
or solid waste or any other device, which emits an objectionable odor or by reason of
its dust, exhaust or fumes that creates a health or safety hazard to any person(s) or
which causes discomfort or annoyance to reasonable persons of normal sensitivity, or
otherwise violates section 17.12.040 of this code.
32. Maintenance of any type of illumination which directly shines onto adjacent or
proximal properties causing substantial diminution of the enjoyment or use of such
adjacent or proximal property, or otherwise violates section 17.12.050 of this code.
33. Violation of any provision of chapter 6.04 of this code pertaining to animal
regulations.
34. Violation of noise standards pursuant to chapter 9.44 or section 17.12.030 of this
code.
35. Maintenance of any required off-street parking space in such condition as to preclude
its intended purpose for the temporary parking of vehicles.
36. Maintaining any condition on the property in such a manner as to otherwise constitute
a public nuisance not specifically listed herein for a period in excess of twenty-four
hours.
E. Construction work or grading without obtaining required governmental approvals and
permits, or construction work or grading that does not comply with conditions of
approval in required approvals or permits, or construction work or grading that is outside
of the scope of work authorized in such approvals or permits.
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 forth 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 and all other available legal remedies
or 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 unit(s) in the city to
maintain such residential rental dwelling,property or unit(s) 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, drug-
related 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, wherein the
owner fails to take all necessary action(s) or to make necessary expenditure(s) to correct the
violation within thirty days of receiving notice of such violation. Such violation may, at 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 Code of Civil Procedure section 731, Health
and Safety Code section 11570-11579 and other lawful authority.
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Further, any person or entity owning, leasing out, renting out, occupying, or having charge
or possession of any residential dwelling, property or unit(s) in the city shall jointly and severally
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 or more rental units
shall have an on-site resident manager available during normal business hours.
1.24.070 - House rules.
Each owner or manager of each residential rental dwelling, property or unit(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 of less than one 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.
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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 unit(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 unit(s) 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 unit(s) is rented or leased to, or occupied by, such new tenant or tenants.
2. For each residential rental property, dwelling or unit(s) 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 unit(s) 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 days of the effective date of this chapter.
3. For each residential rental property, dwelling or unit(s) 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 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 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.
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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 a misdemeanor, unless reduced to an infraction by the
prosecutorial authority or enforcement officer in accordance with section 1.16.010;
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 as necessary to inspect the same or to perform any duty imposed 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. If
the occupant is other than the owner, the enforcement officer shall also, when appropriate,
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
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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, 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 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 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 section 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 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
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attend a hearing at which an administrative decision maker 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 of the 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 calendar days from the date of the notice to
voluntarily abate the nuisance, or if the enforcement officer determines that ten 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 section 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 Section 1.26.040,the notice of hearing 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.
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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 in 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 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 twenty-four 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.
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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 shall be limited to those actions which are 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 of the 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 if the 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 to recover 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 and
related resources. 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 personnel.
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 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
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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, upon entry of a second or subsequent civil or criminal
judgment within a two-year period finding that an owner of property or a person is responsible
for a condition requiring abatement, except for conditions abated pursuant to Section 17980 of
the Health and Safety Code, 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 Section 38773.7.
1.24.220 - Limitations on filing judicial action.
Pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6, any action appealing the
city's final decision and order shall be commenced within ninety calendar days of the date the
decision becomes final.
SECTION 7. CHAPTER 1.25, "ADMINISTRATIVE CITATIONS," IS HEREBY REPEALED
IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING:
Chapter 1.25—ADMINISTRATIVE CITATION PROGRAM
1.25.010 - Purpose and intent.
The City Council finds the enforcement of the Rohnert Park Municipal Code is an important
public service. It further finds that a code enforcement system that uses a combination of judicial
and administrative remedies is vital to the protection of the public's health, safety and quality of
life. 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
(hereinafter, "code") throughout the city is an important public service and is vital to the
protection of the public's health, safety and quality of life. 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 explapation of the reasons justifying the administrative enforcement action taken
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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 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.Nothing in this chapter shall be
deemed a waiver of any other enforcement remedies found within this code.
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. Any enforcement officer designated and empowered by this code or otherwise designated
by the City Manager (hereinafter "enforcement officer") has the authority and powers
necessary to gain compliance with the provisions of this code. These powers include the
power to issue citations, inspect public and private property and use whatever judicial and
administrative remedies are available under the code and applicable State law.
Notwithstanding any other provision of this 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 Section 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 Sections 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 alternatively or concurrently to address violations
of this code. The use of this chapter shall be at the sole discretion of the City.
1.25.050 - Pre-citation Notices—Correction Period and notice.
A. When the code violation(s) pertain to building, plumbing, electrical, or other similar
structural or zoning issues that do not create an immediate danger to health or safety, the
offender shall have 30 days to correct or otherwise remedy the code violation, or a shorter
period of time if deemed necessary by the City to prevent or remedy an immediate threat
to the health and safety of the public or occupants of a structure,prior to the issuance of an
administrative citation and the imposition of a fine.A correction period longer than 30 days
may be granted if deemed necessary by the enforcement officer.
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B. Upon discovery of code violation(s), the enforcement officer shall issue a pre-citation
notice to the offender and/or property owner in accordance with the provisions for service
of notices set forth in section 1.24.130 of this code.
C. To the extent the following information is reasonably available to the enforcement officer,
the pre-citation notice shall:
1. State the date the pre-citation notice is issued;
2. State the date the violation(s) were discovered by the enforcement officer;
3. State the offender's name, date of birth, driver's license number or State-issued
identification number, physical description, and current residential address and/or
mailing address;
4. State the address or a definite physical description of the location where the violation(s)
occurred;
5. Reference the code section(s)violated and describe how the offender violated the code
section(s);
6. Describe the action(s) necessary to correct the violation(s) and state the final
compliance date by which time the correction must be made;
7. A statement that a failure to correct the violation(s) within the specified compliance
date may result in an administrative citation being issued, and the amount of the fine
to be imposed;
8. A statement that if the violator believes the notice to be in error, that contact should be
made with the enforcement officer issuing the pre-citation notice to discuss the matter.
The enforcement officer may refer any such discussion to a supervisor or department
director;
9. The name and signature of the enforcement officer.
D. At the end of the period for correcting the code violations set forth in the pre-citation
notice ("compliance period"), the enforcement officer shall inspect the site of the code
violation. If the offender does not adequately correct the code violation(s) within the
compliance period, or if the same violation reoccurs with 12 months from the date the
pre-citation notice is issued, the enforcement officer may issue the offender an
administrative citation pursuant to Section 1.25.060.
1.25.060 -Administrative citation procedures—Generally.
A. Issuance of administrative citation. The enforcement officer, upon discovering that any
responsible party, as defined in Section 1.24.020(Q) of this code (hereinafter referred to as
"offender"), has committed any code violation(s), may issue an administrative citation to
the offender in the manner described in this chapter. The administrative citation shall be
issued in accordance with provisions for service of notices set forth in section 1.24.130 of
this code.
B. Administrative citation contents. To the extent the following information is reasonably
available to the enforcement officer, the administrative citation shall be issued in a form
approved by the city manager, or their designee, and shall:
1. State the date the administrative citation is issued;
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2. State the date the violation(s) were discovered by the enforcement officer;
3. State the offender's name, date of birth, driver's license number or State-issued
identification number, physical description, and current residential address and/or
mailing address;
4. State the address or a definite physical description of the location where the violation(s)
occurred;
5. Reference the code section(s)violated and describe how the offender violated the code
section(s);
6. State the amount of fine imposed for the violation(s);
7. Explain how the offender must pay the fine, including the location and manner, as well
as the time period by which the fine must be paid and the consequences of failure to
pay the fine;
8. Contain an order prohibiting the continuation or repeated occurrence of the violation
described in the administrative citation;
9. Explain the administrative citation appeal process and procedure for obtaining an
administrative hearing. Specifically, notice that the offender must make a written
request in the form and manner described upon the administrative citation within 15
days from the date the administrative citation is issued and that the offender will be
notified by mail of the date of the hearing;
10. Include a warning that a failure to pay the fine or request and appear at an
administrative hearing shall result in the penalties described in Section 1.25.090,
including a description of the penalties; and
11. The name and signature of the enforcement officer.
C. Voided or cancelled administrative citations. Administrative citations, once issued, shall
only be voided or cancelled under the specific circumstances provided for herein:
1. The enforcement officer makes a significant error in preparing the administrative
citation, such as an incorrect date, incorrect offender information, incorrect violations
cited, or incorrect fine amount;
2. The administrative citation is voided or cancelled by the hearing officer as part of an
administrative order resulting from a hearing held pursuant to Section 1.25.110.
Any individual ordering or otherwise voiding or cancelling an administrative citation under
any circumstances not specifically provided for herein is guilty of a misdemeanor.
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 violation subject to administrative citation and
administrative fines or fees in accordance with this chapter.
1.25.080—Request for Hearing.
A. The offender may make a written request for an administrative hearing("hearing"), in the
manner provided for on the citation form, within and including 15 days from the mailing
or personal service date of the administrative citation. The offender may contest an
administrative citation on the grounds that the violation did not occur, that the violation
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was corrected prior to issuance of the citation, or that they are not the responsible party
with regard to the violation. A deposit in the same amount as the fine designated on the
administrative citation must accompany the request for hearing. Incomplete requests shall
not be accepted.
B. Advance deposit hardship waiver. The city manager or his or her designee may waive the
requirement of an advance deposit and issue the advance deposit hardship waiver only if
the cited party submits a sworn declaration, in the manner provided for on the citation
form, together with any supporting evidence demonstrating the person's actual financial
inability to deposit the full amount of the fine in advance of the hearing.
C. Hearings to appeal an administrative citation shall be in held in accordance with chapter
1.26 of this code.
1.25.090 - Administrative fines and penalties.
Administrative fines or penalties may be provided in the form of a fine or penalty resolution
established by the City Council for specific individual violations or categories of violation.
Where an administrative fine or penalty has not been established by resolution of City Council
for a specific violation or category of violations,the applicable administrative fine or penalty
shall be the maximum fine amounts for infractions set forth in subdivision (b) of Government
Code section 36900.
1.25.100 - Payment of fines, fees and penalties.
A. Payment. If the offender does not make a timely request for a hearing with the required
deposit as set forth in Section 1.25.080(B), he or she must pay the amount designated on
the administrative citation within 21 days from the date the citation is issued. Payments of
administrative fines shall be made in the manner and form directed on the administrative
citation. If no such direction is provided, administrative fines shall be sent to the City's
Finance Department. Failure to timely pay fines shall subject the offender to late charges
in section 1.27.030 of this code. In addition, willful failure to pay fines that are due shall,
after 60 days of delinquency, constitute a separate violation chargeable as a misdemeanor.
B. No waiver. Under no circumstances shall the payment of the fine designated in the
administrative citation constitute a waiver of the offender's right to a hearing. Therefore,
an offender may pay the fine within the 15-day appeal period and also obtain a hearing to
protest the imposition of the fine, provided that the offender makes a timely request for a
hearing.
C. Obligation to correct violation. Nothing in this code shall be interpreted to mean that
because an offender has paid the fine that he, she or it is not required to correct the code
violation(s). Failure to correct the code violations may result in additional administrative
citations.
D. 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.
1.25.110 - Notices.
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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.
B. If the enforcement officer is unable to locate the responsible party for the violation at the
property 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.
SECTION 8. CHAPTER 1.26, "ADMINISTRATIVE HEARINGS," IS HEREBY REPEALED
IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING:
Chapter 1.26—ADMINISTRATIVE HEARINGS
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 Chapter 1.25 of this code or other law.
1.26.020 - Definitions.
Unless otherwise defined in this section, the terms used in this chapter shall have the same
meaning as provided for in Chapter 1.24 of this code. For the purposes of this chapter:
An"enforcement action" means either an administrative citation issued pursuant to chapter 1.25
or a notice of violation and order to abate issued under chapter 1.24, which is the subject of a
timely filed request for an administrative hearing.
A "decision maker" means a decision maker that is responsible for conduct of an administrative
hearing on the enforcement action as determined under section 1.26.030 of this chapter.
1.26.030—Decision maker at an administrative hearing.
A. Where an enforcement action includes a violation which concerns the application of
building standards published in the California Building Standards Code,housing standards
under the State Housing Law, or any applicable rule or regulation adopted by the
Department of Housing and Community Development pursuant to State Housing Law,
including standards relating to the use,maintenance,and change of occupancy of buildings
and structures and requirements governing alteration, additions, repair, demolition, and
moving of such buildings and structures, a person requesting an administrative hearing
shall be entitled to have that violation considered before the Building Appeals Board.
B. All violations not subject to consideration by the Building Appeals Board as set forth in
subsection A, shall be considered by an administrative hearing officer designated by the
city manager or the city manager's designee to preside over the administrative hearing,
which may include, but is not limited to, a person, firm, or corporation.
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C. Where an enforcement action includes multiple violations, some of which would entitle a
person to an administrative hearing before the Building Appeals Board, the person
requesting the administrative hearing may waive the right to have Building Appeals Board
consider those violations and may instead elect to have a single hearing before an
administrative hearing officer.
D. 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.
E. The city manager, or his or her designee, 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.
F. 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 pursuant to Code of Civil Procedure Section 170.1. No person shall
serve as a hearing officer who exercises enforcement authority for code violations. A
person may seek disqualification of an administrative hearing officer by filing a statement
with the city manager objecting to the hearing before the hearing officer and setting forth
the grounds for disqualification. The question of disqualification shall be heard and
determined in writing by the city manager or their designee within ten days following the
date on which the disqualification statement is filed.
G. Powers. The decision maker shall have the power to:
1. Conduct administrative enforcement hearings or administrative appeal hearings as
provided under the authority of this code;
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 administrative
orders resolving the case;
5. Uphold, award, impose, assess, modify 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
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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 violation(s) 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 the decision maker.
4. Nature of the hearing.
B. The notice shall be sent a minimum of 10 days prior to the hearing to appropriate parties
in accordance with provisions of Section 1.24.130 of this code.
C. The decision maker may for good cause shown continue an administrative hearing to
another date or time upon request of the enforcement officer or the person who filed the
request for an administrative hearing.
1.26.050 - Manner of conducting hearing.
A. An administrative hearing shall occur at the time and place designated in the notice of
hearing. Notwithstanding the foregoing, no hearing to contest an administrative citation
shall be held unless the fine has been deposited in advance in accordance with Section
1.25.090(B) or an advance deposit hardship waiver has been obtained in accordance with
Section 1.25.090(C).
B. The decision maker 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 decision
maker in accordance with the fundamentals of due process. The decision maker 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 exclude 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 violation(s) of the code exist, or, in the case of administrative citations, that
the violation(s) existed at the time the administrative citation was issued.
E. The notice of violation and order to abate or the administrative citation and any report
submitted by the enforcement officer to the decision maker shall constitute prima facie
evidence of the respective facts contained in those documents.
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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 is intended to be informal in nature. Formal rules of the California Evidence
Code and discovery shall not apply.
I. 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—Failure to Attend Hearing.
The failure to appear at a scheduled hearing without prior notice and request for continuance shall
constitute a waiver of the right to a hearing. A person's failure to appear at the administrative
hearing shall be presumed an admission to the violation indicated in the enforcement action, and
such person will forfeit any fine deposit submitted.
1.26.070 - Administrative Order Following Hearing.
A. After considering all of the testimony and evidence submitted at the hearing, within ten
days after the conclusion of the hearing, the decision maker shall issue a written decision
in the form of an administrative order upholding, modifying, or cancelling the
administrative citation or notice of violation/order to abate. The decision maker shall state
in the administrative order the reasons for that decision, including the factual findings and
conclusions made by the decision maker. The decision of the decision maker shall be final.
B. If the decision maker determines that the administrative citation or notice of violation/order
to abate should be canceled or modified, then the city shall promptly refund the fine
deposit, or modified portion thereof.
C. If the decision maker determines that the administrative citation or notice of violation/order
to abate should be upheld or amended, the decision maker shall determine the amount of
fine to be imposed. Any fine deposit shall be retained to meet the amount imposed. In cases
of an approved hardship waiver, or outstanding fines or penalties, the decision maker 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 decision maker determines that a
nuisance does exist, the decision maker shall include in the decision an order to abate the
nuisance within ten days of mailing the decision or within such time as the administrative
hearing officer deems reasonable. If the violation implicates a First Amendment right, the
order shall also provide that the order to abate is suspended until the responsible party
exhausts or fails to exhaust any applicable judicial remedies. The administrative order 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.
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E. If the decision maker 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 months so that the nuisance will not recur.
F. The administrative order shall be served in accordance with section 1.24.130. Copies of
the administrative order shall be sent to the owner,responsible person, enforcement officer
and the city clerk.
G. The administrative order shall include a statement that the person may seek judicial
review of the administrative order by doing one of the following:
1. If the administrative order imposes fines pursuant to an administrative citation,by filing
a petition for review with the superior court in Sonoma County in accordance with the
timelines and procedures specified in Government Code Section 53069.4. Pursuant to
Government Code Section 53069.4,the appealing party shall serve a copy of the appeal
notice in person or by first class mail upon the City. Appeal notices shall be sent to the
City Clerk. If no appeal notice is timely filed, the decision shall be final; or
2. If the administrative order imposes other obligations, including requirements for
abatement,by filing a petition for a writ of mandate pursuant to Code of Civil Procedure
section 1094.5. The administrative order shall state that judicial review must be filed
no later than 90 days after the date of the decision in accordance with the Code of Civil
Procedure section 1094.6.
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.
SECTION 9. CHAPTER 1.27, "COLLECTION PROCEDURES,"IS HEREBY REPEALED IN
ITS ENTIRETY AND REPLACED WITH THE FOLLOWING:
Chapter 1.27—COLLECTION 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 provide 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 of Rohnert Park or their designee.
B. "City council" means the city council as the legislative body of the 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.
Ordinance 942
34
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 as set forth in the
administrative fees and fines schedule as may be adopted by the City Council, or as may
otherwise be provided for in this code.
B. All unpaid fines, fees and penalties, and late charges assessed shall be a debt to the city and
subject to all remedies for debt collection 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 fines,penalties and their related costs
may be recorded as a lien upon and against the real property or as a special assessment, as
provided for in this chapter.
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 is subject
to the collection process provided in this code.
B. Whenever a notice is required to be given under this chapter, such notice may be given
pursuant to the methods listed in section 1.24.130.
C. A first notice of debt owed will be given to the debtor 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.
G. Nothing in this section shall be intended to prohibit the city from referring an outstanding
debt to a collection agency or from proceeding with any other method of debt collection
available to the city by law.
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 Section
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:
Ordinance 942
35
A. Provide notice of the special assessment to the property owner by a method as listed in
section 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 years by the tax collector for
unpaid delinquent assessments; and
B. The city shall follow the procedures set forth in Government Code Section 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/or has not been successfully challenged as
provided for in Section 1.26.060(G), 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 before the 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 days prior to the time set for the hearing.
F. Thirty 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 additional 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 finance 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.
SECTION 10. ACTIONS TO EFFECTUATE AND CODIFICATION
The City Manager is hereby authorized and directed to take other actions on behalf of City, which
are not expressly and specifically reserved for the City Council, to implement and effectuate this
ordinance. The City Clerk is directed to codify this ordinance in a manner which best reflects the
legislative intent of the City Council in enacting this ordinance. The City Clerk is directed to
resolve any numbering conflicts accordingly.
Ordinance 942
36
SECTION 11. SEVERABILITY
Should any section,subsection,paragraph, sentence,clause,or phrase of this ordinance be declared
unconstitutional or invalid for any reason, such declaration shall not affect the validity of the
remaining portions of this ordinance.
SECTION 12. EFFECTIVE DATE
This ordinance shall be in full force and effective no less than 30 days after its adoption, and shall
be published or posted as required by law.
SECTION 13. PUBLICATION
The City Clerk is directed to cause this ordinance to be published in the manner required by law.
This ordinance was introduced by the City Council of the City of Rohnert Park on January 14,
2020 and DULY AND REGULARLY ADOPTED this 28th day of January, 2020 by the following
roll call vote:
AYES: Nvr.,W`mtyroxrs !dams, (3el f-ow)s"�''l , U� 9, �l( Cd l�i1�+7
NOES: WNL
ABSENT: MON,-
ABSTAIN:
ON1Q-ABSTAIN: tome,
CITY OF R01 VERT PARK
N
Joseph T. Callinan, Mayor
ATTEST:
SYLVIA LOPEZ CUEVAS
JoAnne M. Buergler, City Clerk
A O E ST
City Attorney
Ordinance 942
37
AFFIDAVIT OF POSTING
Pursuant to California Government Code $ 36933 and S 40806
Pursuant to Rohnert Patu Municipal Code 1 .08.010
STATE OF CALIFORNIA
County of Sonoma
l, JoAnne M. Buergler, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No.942
Ordinance No. 942 Amending Chapters 5.30 (Abandonment of Shopping Carts); 1.16
(General Penalty); 1.24 (Nuisance Abatement); 1.25 (Administrative Citations); 1.26
(Administrative Hearings); and 1.27 (Collection Procedures) of the Rohnert Park
Municipal Code was published on 111712020 and 113112020 as required by law, and posted
in five (5) public places in said City, to:
www.rpcitv.org for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 111712020 and 113112020.
Summary of Ordinance lVo. 942 was published in the Community Voice on 111712020 and
113112020 as required by law.
, City Cle
Subscribed and sworn to before me this February \ZOZO
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Sylvia Lo , Assistant City Clerk
RCII-{NERT PARK
FEB 6 ZoZ0
r-:tì"Y itLERK
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance #942
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulãtion, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Govemment Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in ãnã for the Cor.rnty of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the enteÍainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the fi¡st publication ofthis notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and exþiessing in general terms, the purport and character of the notice intended to be given; that the " City of Rohnert Park, Notice of
Public Hearing" of which the annexed is a printed copy, was published in said newspaper at least ,1 consecutive time(s), commencing
on the 31 day January 2020 and ending on the 31 day lanuary 2020
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 31 day January 2020 at Rohnert Park, California.
Signed
Claudia Smith Chief Cle¡k
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CERTIFICATION OF PUBLICATION IN
"The community voICE"
(Published everY FridaY)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the CountY of Sonoma
COUNTY OF SONOMA
ROHNERT PAFIK
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CiT Y CLËFTI{
City of Rohnert Park
SummarY of Ordinance No' 942
srATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn' deposes and says:
That at all times hereinaftermentioned she was a citizenór tn" Ùnit"¿ States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of rhe community voICE, a newspaper of general
circulation, published in the city of Rohnert park, in said'county of sonoma, state of california; that The community voICE is and
was at all times herein mentionéd, a newspaper of general circulation as that term is defined by Section 6000 of the Government code;
its status as such newspaper of general circulation huuing been established by Cotlrt Decree No. 35815 of the Superior Court ofthe-
State of california, in and for the county of sonoma, DJpartment No. 1 therãof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and inteliigence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or publisheJfor the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertaintnent and instruction of such classes, professions, trades, callings' races or
clenominations; that at all said times said newspaper has been established and publisheã in the said city of Rohnert Park, in said county
and state at regular intervals for more than one year preceding the first.publicâtion of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceäed witÑords print"d in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport anå character of the notite intencled to be given; that the " city of Rohnert Park, summary
of ordinance No. g42" of which the ännexed is a printed copy, was pLrblished in said newspaper at least - 1 consecutive time(s)'
commencing on the 17 day January 2020 andending on the 17 day January 2020
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF PETJUTY thAt thE fOTEgOiNg iS tT'tIE ANd COTTECT
EXECUTED this 17 day January 2O2O atRohnert Park, California'
Signed
Claudia Smith Chief Clerk
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