2025/01/28 City Council Ordinance 986 AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
ss
County of Sonoma
I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 986.
Ordinance No. 986, an Ordinance of the City Council of the City of Rohnert Park,
California, Amending Chapters 1.16 (General Penalty); 1.24 (Nuisance Abatement);
1.25 (Administrative Citation Program); 1.26 (Administrative Hearings); and 1.27
(Collection Procedures) and Adding a New Chapter 1.23 (Nuisance Defined) within
Title 1 of the Rohnert Park Municipal Code to Streamline the Administrative Citation
and Nuisance Abatement Process and Increasing Fines for Short Term Rental
Violations was published on 1/17/2025 and 1/31/2025 as required by law, and posted in
five (5) public places in said City, to:
www.rpcity.orq 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 Senior Center
6800 Hunter Dr A
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 1/17/2025 and 1/31/2025.
The summary of Ordinance No. 986 was published in the Community Voice on 1/17/2025 and
1/31/2025 as required by law.
Sylvia Lopez Cuevas, City Clerk
Subscribed and sworn to before me this February 18, 2025.
Elizabet Machado, Assistant City Clerk
ROHNERT PARK
JAN 2 3 2025
CERTIFICATION OF
PUBLICATION IN " '':3K
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT ( SUMMARY OF ORDINANCE NO.986 OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK,CALIFORNIA,AMENDING CHAPTERS 1.16(GENERAL
of the PENALTY),1.24(NUISANCE ABATEMENT),1.25(ADMINISTRATIVE CITATION
STATE OF CALIFORNIA PROGRAM),1.26(ADMINISTRATIVE HEARINGS)AND 1.27(COLLECTION
In and For the County of Sonoma PROCEDURES)AND ADDING A NEW CHAPTER 1.23(NUISANCE DEFINED)
COUNTY OF SONOMA WITHIN TITLE 1 OF THE ROHNERT PARK MUNICIPAL CODE TO STREAMLINE
THE ADMINISTRATIVE CITATION AND NUISANCE ABATEMENT PROCESSES
AND INCREASE FINES FOR SHORT-TERM RENTAL VIOLATIONS
City Of Rohnert Park Pursuant to Government Code Section 36933(c),the following constitutes a sum-
Summary of Ordinance No.986 mary of Ordinance No.986 introduced by the Rohnert Park City Council on January
14,2025,and scheduled for consideration of adoption on January 28,2025 at its meet-
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all ing to be held in the City Council Chambers,130 Avram Avenue,Rohnert Park,Califor-
times hereinafter sworn,deposes and says: That at all times hereinafter mentioned she was nia.
a citizen of the United States,over the age of eighteen years and a resident of said county The ordinance amends the Rohnert Park Municipal Code Sections Chapters 1.16
and was at all said times the principal clerk of the printer and publisher of The Community (General Penalty),1.24(Nuisance Abatement),1.25(Administrative Citation Program),
VOICE,a newspaper of general circulation,published in the City of Rohnert Park,in said 1.26(Administrative Hearings)and 1.27(Collection Procedures)and adds a new Chap-
County of Sonoma,State of California;that The Community VOICE is and was at all times ter 1.23(Nuisance Defined)within Title 1 of the Rohnert Park Municipal Code to
streamline the administrative citation and nuisance abatement processes and in-
herein mentioned,a newspaper of general circulation as that term is defined by Section crease fines for short-term rental violations.The following is a summary of the re-
6000 of the Government Code;its status as such newspaper of general circulation having visions.
been established by Court Decree No.207762 and Court Decree No.242968 of the Superior 1. Reorganization and Clarification.The revised Title 1 aims to enhance
Court of the State of California,in and for the County of Sonoma,Department No. 1 clarity,usability,and readability through reorganization of key chapters.
thereof;and as provided by said Section 6000,is published for the dissemination of local This includes:adding Chapter 1.23(Nuisance Defined),which defines
and telegraphic news and intelligence of a general character,having a bona fide nuisances and includes definitions applicable to all code compliance
enforcement tools;relocating Administrative Citation Program(Relocated
subscription list of paying subscribers,and is not devoted to the interest,or published for from Chapter 1.25 to Chapter 1.24)ahead of the Nuisance Abatement
the entertainment or instruction of a particular class,profession,trade,calling,race or chapter(Relocated from Chapter 1.24 to Chapter 1.25);and moving the
denomination,or for the entertainment and instruction of such classes,professions,trades, residential rental units code sections(Relocated from the middle of
callings,races or denominations;that at all said times said newspaper has been established Chapter 1.24 into a new chapter 1.26.)
and published from the said City of Rohnert Park,in said County and State at regular 2. Process Streamlining.The revised Title 1 introduces changes to the
intervals for more than one year preceding the first publication of this notice herein Administrative Citation and Nuisance Abatement processes to improve
efficiency in addressing nuisances.Amendments to the Administration
mentioned;that said notice was set in type not smaller than non-pareil and was preceded Citation process includes:eliminating the 10-day preliminary notice
with words printed in black face type no smaller than non-pareil,describing and expressing period,reducing the pre-citation notice period from 30 days to 15 days,
in general terms,the purport and character of the notice intended to be given;that the City and clarifying language about optional administrative citation appeal
Of Rohnert Park, hearings,distinguishing them clearly from nuisance abatement appeal
hearings.Amendments to the Nuisance Abatement process includes:
eliminating the 10-day preliminary notice period,and removing the
"City of Rohnert Park,Summary of Ordinance No.986"of which the annexed is a nuisance abatement hearing as a requirement while still allowing an appeal
printed copy,was published in said newspaper at least_1 time,commencing on the 176 hearing if the offender contests a notice of violation.
day of January,2025 and ending on the 17d'day of January 2025. 3. Updates to Align with State Law.Recent changes to state law empower
local jurisdictions to impose fines for violations of short-term rental
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF ordinances.Amendments to Chapter u 1.16 incorporate 500 e the new
state•authorizediines:first violation:up to$1,500;second violation within
perjury that the foregoing is true and correct. one year:up to$3,000;each additional violation within one year of the
first:up to 55,000.
EXECUTED—1/17/25 4. Ordinance 986 was determined to not be a"project"within the meaning of
Rohnert Park,California Section 15378 of the Guidelines for Implementation of the California
Signed: Environmental Quality Act("CEQA")because it has no potential to result
in physical changes to the environment,either directly or indirectly.
Mr44e1 (17?°1--- A certified copy of the full text of Ordinance is posted and available for review in
the City Clerk's Office at 130 Avram Avenue,Rohnert Park,California.and online at
http:Ucityofrohnertpark.hosted.civiclive.comlcity hallladministrationlcity_clerklno-
Claudia Smith Chief Clerk tices_and_public_hearingslpublic_notices
This ordinance shall be in full force and effective 30 days after adoption and shall
be published and posted as required by law.
Posted Date:January 15,2025 .4 SYLVIA LOPEZ CUEVAS
City Clerk
Publish Date:January 17,2025 City of Rohnert Park
The Community Voice
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 NO.986 OF THE CITY COUNCIL OF THE CITY OF
Summary of Ordinance No.986 ROHNERT PARK,CALIFORNIA,AMENDING CHAPTERS 1.16(GENERAL
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all PENALTY),1.24(NUISANCE ABATEMENT),1.25(ADMINISTRATIVE CITATION
times hereinafter sworn,deposes and says: That at all times hereinafter mentioned she was PROGRAM),1.26(ADMINISTRATIVE HEARINGS)AND 1.27(COLLECTION
a citizen of the United States,over the age of eighteen years and a resident of said county PROCEDURES)AND ADDING A NEW CHAPTER 1.23(NUISANCE DEFINED)
and was at all said times the principal clerk of the printer and publisher of The Community WITHIN TITLE 1 OF THE ROHNERT PARK MUNICIPAL CODE TO STREAMLINE
VOICE,a newspaper ofgeneral circulation,published in the Cityof Rohnert Park, THE ADMINISTRATIVE CITATION AND NUISANCE ABATEMENT PROCESSES
in said AND INCREASE FINES FOB SHOR1-TERM RENTAL VIOLATIONS
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 Pursuant to Government Code Section 36933(c),the following constitutes a sum-
6000 of the Government Code;its status as such newspaper of general circulation having mary of Ordinance No.986 introduced by the Rohnert Park City Council on January
been established by Court Decree No.207762 and Court Decree No.242968 of the Superior 14,2025,and adopted on January 28,2025,at its regular meeting to be held in the City
Court of the State of California,in and for the County of Sonoma,Department No. 1 Council Chambers,130 Avram Avenue.,Rohnert Park,California.
thereof;and as provided by said Section 6000,is published for the dissemination of local The ordinance amends the Rohnert Park Municipal Code Sections Chapters 1.16
and telegraphic news and intelligence of a general character,having a bona fide (General Penalty),1.24(Nuisance Abatement),1.25(Administrative Citation Program),
1.26(Administrative Hearings)and 1.27(Collection Procedures)and adds a new Chap-
subscription list of paying subscribers,and is not devoted to the interest,or published for tar 1.23(Nuisance Defined)within Title 1 of the Rohnert Park Municipal Code to
the entertainment or instruction of a particular class,profession,trade,calling,race or streamline the administrative citation and nuisance abatement processes and in•
denomination,or for the entertainment and instruction of such classes,professions,trades, crease fines for short-term rental violations.The following is a summary of the re-
callings,races or denominations;that at all said times said newspaper has been established visions.
and published from the said City of Rohnert Park,in said County and State at regular 1. Reorganization and Clarification.The revised Title 1 aims to enhance
intervals for more than one year preceding the first publication of this notice herein clarity,usability,and readability through reorganization of key chapters.
This includes:adding Chapter 1.23(Nuisance Defined),which defines
mentioned;that said notice was set in type not smaller than non-pareil and was preceded nuisances and includes definitions applicable to all code compliance
with words printed in black face type no smaller than non-pareil,describing and expressing enforcement tools;relocating Administrative Citation Program(Relocated
in general terms,the purport and character of the notice intended to be given;that the City from Chapter 1.25 to Chapter 1.24)ahead of the Nuisance Abatement
Of Rohnert Park, chapter(Relocated from Chapter 1.24 to Chapter 1.25);and moving the
residential rental units code sections(Relocated from the middle of
Chapter 1.24 into a new chapter 1.26.)
"City of Rohnert Park,Summary of Ordinance No.986"of which the annexed is a
2. Process Streamlining.The revised Title 1 introduces changes to the
printed copy,was published in said newspaper at least_I time,commencing on the 31" Administrative Citation and Nuisance Abatement processes to improve
day of January,2025 and ending on the 31 g day of January 2025. efficiency in addressing nuisances.Amendments to the Administration
Citation process includes:eliminating the 10-day preliminary notice
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF period,clarifying
agthe greabouton noticenlperiod from 30 days tn p5 eays,
and clarifying language about optional administrative citation appeal
perjury that the foregoing is true and correct. hearings,distinguishing them clearly from nuisance abatement appeal
hearings.Amendments to the Nuisance Abatement process includes:
EXECUTED 1/31/25 eliminating the 10-day preliminary notice period,and removing the
nuisance abatement hearing as a requirement while still allowing an
Rohnert Park,California appeal hearing if the offender contests a notice of violation.
Signed:
3. Updates to Align with State Law.Recent changes to state law empower
eettaA&&//i2l, local jurisdictions to impose fines for violations of short-term rental
ordinances.Amendments to Chapter 1.16 Incorporate the new
state-authorized fines:first violation:up to$1,500;second violation within
one year:up to$3,000;each additional violation within one year of the
first:up to$5,000.
Claudia Smith,Chief Clerk
4. Ordinance 986 was determined to not be 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.
A certified copy of the full text of Ordinance is posted and available for review in
e City Clerk's Office at 130 Avram Avenue,Rohnert Park,California and online at
http:Hcityofrohnertpark.hosted.civiclive.comlcity_hallladministrationlcity_clerklno-
tices and public_heari ngslpublic_notices
This ordinance shall be in full force and effective 30 days after adoption and shall
be published and posted as required by law.This ordinance was introduced by the
Council of the City of Rohnert Park on January 14,2025,and adopted on January 28,
2025 by the following roll call vote
AYES: (5) Councilmember Adams,Elward and Rodriguez,
Vice Mayor Sanborn and Mayor Giudice
NOES: (0) None
ABSENT: (0) None
ABSTAIN: (0) None
Posted Date:January 29,2025 •
j, SYLVIA LOPEZ CUEVAS
"'n- r City Clerk
Publish Date:January 31,2025 City of Rohnert Park
The Community Voice -
ORDINANCE NO. 986
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK, CALIFORNIA, AMENDING CHAPTERS 1.16 (GENERAL PENALTY); 1.24
(NUISANCE ABATEMENT); 1.25 (ADMINISTRATIVE CITATION PROGRAM); 1.26
(ADMINISTRATIVE HEARINGS); AND 1.27 (COLLECTION PROCEDURES) AND
ADDING A NEW CHAPTER 1.23 (NUISANCE DEFINED) WITHIN TITLE 1 OF THE
ROHNERT PARK MUNICIPAL CODE TO STREAMLINE THE ADMINISTRATIVE
CITATION AND NUISANCE ABATEMENT PROCESS AND INCREASING FINES
FOR SHORT TERM RENTAL VIOLATIONS
WHEREAS, the City of Rohnert Park has undertaken a comprehensive review of Title 1
of the Rohnert Park Municipal Code (RPMC) related to tools used by the city code compliance
staff; and
WHEREAS, the current structure of Title 1 presents several challenges due to the
placement of the administrative citation process, which is situated between two sections that
describe the nuisance abatement process, and numerous cross-references between chapters make
it difficult to distinguish between the two distinct processes,which leads to confusion among staff
and the public; and
WHEREAS, additionally, both the administrative citation and nuisance abatement
processes involve lengthy pre-noticing requirements, which can impede staffs ability to address
nuisances efficiently; and
WHEREAS, in 2021, California enacted SB 60, empowering local governments to
impose increased fines for violations of short-term rental ordinances; and
WHEREAS, the proposed amendments aim to reorganize key chapters, by reducing
redundancies, streamlining compliance processes, and ensuring consistency with state laws
including SB 60; and
WHEREAS, at the February 14, 2023 City Council meeting, the City Council directed
staff to amend Title 1 to streamline the processes and improve clarity and readability for both
staff and the public; 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 oftheRohnert Park Municipal Code; and
WHEREAS, the City desires to better consolidate and update its codes, and streamline
compliance and abatement processes pertaining to nuisance conditions.
NOW, THEREFORE,BE IT ORDAINED by the City Council of the City of Rohnert
Park as follows:
Section 1. Validity. The above recitals are true and correct and incorporated herein.
Section 2. Findings. The City Council finds:
1. That the proposed amendments to the Rohnert Park Municipal Code will contribute to
the public health, safety and welfare, by reduce redundancies, streamline compliance
processes, and ensure consistency with state laws including SB 60;
2. 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; and
3. 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 1.16, 1.24, 1.25, 1.26 and 1.27 and new chapter 1.23
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:
1. 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; and
2. If the ordinance is found to be a"project"within the meaning of Section 15378 of the
CEQA Guidelines, the amendments would be 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
3. 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. Amendment. The City Council hereby amends the current Rohnert Park
Municipal Code Chapters 1.16 (General Penalty), 1.24 (Nuisance Abatement), 1.25
(Administrative Citation Program), 1.26 (Administrative Hearings), and 1.27 (Collection
Procedures) within Title 1 of the Rohnert Park Municipal Code by repealing and replacing them
with Chapters 1.16 (General Penalty), 1.24 (Administrative Citation Program), 1.25 (Nuisance
Abatement), 1.26 (Residential Rental Units), 1.27 (Reserved) and adding a new chapter 1.23
(Nuisance Defined)to read in their entirety as shown in Exhibit A attached hereto.
Ordinance No.986
Page 2 of 3
All other chapters within Title 1 of the Rohnert Park Municipal Code not specifically
identified herein shall remain unchanged.
Section 5. 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.
Section 6. 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 7. 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 8. 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 Council of the City of Rohnert Park on January 14,
2025 and DULY AND REGULARLY ADOPTED on this 28th of January, 2025, by the
following Roll Call Vote: �r �Su�l,v
AYES: (63 fie,• Cou,nciIvvl2r nbers P'da''ns' ��nl d�'�qKt t.u ,
NOES: Cie) IVO AL.
ABSENT: Cy) Novu-,
ABSTAIN:( ') n('pvw
CI I' tHNERT PARK
A11149
!Y r►—lice, Mayor
ATTEST:
Sylvia open uevas, City Clerk
tn O D T ORM:
Miche le arche a Kenyon, City Attorney
Attachment: Exhibit A
Ordinance No.986
Page 3 of 3
EXHIBIT A TO ORDINANCE NO. 986
Page 1 of 29
Title 1
GENERAL PROVISIONS
Chapter 1.16 GENERAL PENALTY
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 one thousand dollars ($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 ($100) for a first violation;
2. A fine not exceeding two hundred dollars ($200) for a second violation of the same code
provision within a twelve-month period;
3. A fine not exceeding five hundred dollars ($500) 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.
EXHIBIT A TO ORDINANCE NO. 986
Page 2 of 29
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 ($130) for a first violation;
2. A fine not exceeding seven hundred dollars ($700) for a second violation of the same code
provision within a twelve-month period;
3. A fine not exceeding one thousand three hundred dollars ($1,300) 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 (2,500) 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. Notwithstanding subsection E above, a violation of Section 17.07.020 (KK), relating to Short-Term
Rentals that is an infraction is punishable by the following:
1. A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation.
2. A fine not exceeding three thousand dollars ($3,000) for a second violation of the same
ordinance within one year.
3. A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same
ordinance within one year of the first violation.
4. For purposes of this subsection, “short-term rental” shall be defined as described in Section
17.04.030. For purposes of this subsection, the term “short-term rental” shall not include a
commercially operated hotel, motel, bed and breakfast inn, or a time-share property as
defined by subdivision (aa) of Section 11212 of the Business and Professions Code.
5. The fine limits set by this subsection apply only to infractions that pose a threat to public
health or safety. The fines described in this subsection shall not apply to a first-time offense of
failure to obtain a permit or pay a business license fee.
H. 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.
I. 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.
EXHIBIT A TO ORDINANCE NO. 986
Page 3 of 29
1.16.020 Additional—Alternative remedy.
In addition to or in lieu of the remedies provided in the preceding Section 1.16.010, General
penalty, the city attorney may commence an action for abatement, including, but not limited to, an
injunction thereof, in the manner required by law and shall take such other steps to obtain such relief as
will abate or remove a violation and restrain an enjoin any person from violating any provisions of this
code, or other applicable laws and rules and regulations. All costs, including attorney's fees, for the
abatement of a violation of this code which constitutes a public nuisance is assessed against any
property declared to be a public nuisance and the costs, including attorney's fees, shall be collected in
the manner provided for by Government Code Section 38773.5.
Chapter 1.23 NUISANCE DEFINED
1.23.010 Purpose and intent.
The purpose and intent of this chapter is to define public nuisances and the procedures the city of
Rohnert Park may use to remedy the violations, including abatement. These procedures are vital for
promoting 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. Resolution and/or
abatement of conditions that do not meet the standards required by the Rohnert Park Municipal Code
(hereinafter, "code") 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, as well as the three immediately following this one (Chapters 1.24, 1.25 and 1.26),
shall apply to all buildings, structures and land within the city without regard to use, date of
construction or alterations and are enforced uniformly.
Chapters 1.24 and 1.25 establish procedures for enforcement of the code and to seek corrective
action for, and/or 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. There are three general remedies used for enforcement
of code violations:
A. Administrative citations, as described in Chapter 1.24, are utilized to impose fines on property
owners or occupants to address violations of any section of this code.
B. Nuisance abatement, as described in Chapter 1.25, is utilized for ongoing and/or significant
violations which require formal city intervention to abate the violations.
C. Summary abatement, as described in Section 1.25.160, is reserved for conditions or use of
property that constitute an imminent or immediate danger to the health and safety of the public.
EXHIBIT A TO ORDINANCE NO. 986
Page 4 of 29
The foregoing remedies provided in this chapter shall be cumulative and not exclusive. The city is
empowered to take all necessary actions to ensure the standards outlined in this code are met and
maintained. This chapter, as well as Chapters 1.24, 1.25 and 1.26, grant the city broad authority to
enforce compliance through any available legal remedy necessary to address violations of any section of
the code and protect the public’s health, safety and welfare.
1.23.020 Definitions.
A. "Administrative hearing" means a formal proceeding before an administrative hearing officer or
appeal board, where evidence and arguments are presented to resolve disputes regarding code
violations or enforcement actions.
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. “Chronic nuisance" refers to any property on which multiple violations of the municipal code or
other laws occur within one year, indicating a persistent pattern of disregard for public health,
safety, and welfare.
E. "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.
F. "City clerk" means the city clerk of the City of Rohnert Park or their designee.
G. "City council" means the city council as the legislative body of the city.
H. "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.
I. "Code compliance officer" is synonymous with “code enforcement officer” and means any person
designated by California Penal Code § 829.5, this code or by the city manager to enforce the
provisions of this code. Such employees may be employed in any city department.
J. “Compliance period” period of time provided by the compliance officer to the responsible party to
correct code violations.
K. "Debt" means money, property or other assets which are due or owing or alleged to be due or
owing.
L. "Debtor" means any person owing debt.
M. "Decision maker" means the hearing officer or appeal board designated to preside over
administrative hearings in accordance with Chapters 1.24 and 1.25.
N. "Driveway" as defined in this chapter is a paved surface that leads to a residential garage or
carport.
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O. "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.
P. "Summary abatement" refers to immediate actions taken by the city to correct or remove any
condition that poses an imminent threat to public health or safety. The summary abatement
process is described in Section 1.25.160.
Q. "Enforcement action" means either an administrative citation issued under Chapter 1.24 or a
notice of violation and order to abate issued under Chapter 1.25, summary abatement under
Chapter 1.25 or referral to the city attorney’s office.
R. "Fee" means a charge for services provided or a benefit conferred.
S. "Fine" means a sum imposed as punishment for an offense.
T. "Habitability standards" refer to the minimum requirements for a property to be considered safe,
livable, and in compliance with this code and other applicable codes including but not limited to
California Health and Safety Code 17920.3 and 17920.10, California Civil Code § 1941 and § 1941.1
Cal. Code Regs. Tit. 22, § 81088(a-e), and the International Property Maintenance Code (IPMC) as
adopted herein.
U. "Hazard" means any condition, circumstance, or substance that poses a present or potential risk
to human health, safety, property, or the environment. This includes, but is not limited to,
hazardous materials as defined in the California Health and Safety Code Section 25501(n), fire
hazards as described in the California Fire Code (Title 24, Part 9), and natural hazards such as
seismic and flood risks regulated under the California Building Code (Title 24, Part 2) and
Government Code Sections 65302(g) and 8589.5 and other conditions determined by the
Compliance Officer to pose a present or potential risk to human health, safety, property, or the
environment, even if not explicitly listed herein.
V. "Immediate hazard or threat" means a condition or situation that poses an immediate 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. This includes, but is not limited
to, any hazards or other substances that, due to its quantity, concentration, or physical or chemical
characteristics, poses a significant present or potential hazard to human health, safety, or the
environment.
W. "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.
X. "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.
Y. "Owner" and "property owner" as used in chapters 1.23, 1.24 and 1.25, and unless otherwise
required by the context, shall mean the owner or owners of record of real property as shown on
the latest equalized assessment roll of Sonoma County, or as otherwise known to the 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
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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.
Z. "Penalty" means the punishment imposed on a wrongdoer, usually in the form of imprisonment or
a fine.
AA. "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.
BB. "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.
CC. "Public nuisance" means any act, condition or activity declared to be a nuisance by the provisions
of this code, or under California Civil Code Sections 3479 and 3480, or at common law or in equity
jurisprudence that is injurious to health, indecent, offensive to the senses, or obstructs the free use
of property, interferes with the comfortable enjoyment of life or property. In addition, a nuisance
is hereby declared to include any violation of this code, and any condition of property that 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.
DD. "Responsible party" means any owner, occupant, lessor, lessee, manager, employer, licensee, or
other person or entity 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. If the responsible party is a minor, the parents(s) or guardian(s) shall
be deemed the responsible party. “Responsible party” may also be referred to as offender.
EE. "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.
FF. "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.
GG. "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. This includes, but is
not limited to, abandoned or partially destroyed buildings, unpainted structures, broken or missing
doors and windows, accumulation of litter or debris, and overgrown vegetation. It also includes
conditions contributing to the decay or decline of neighborhoods, such as unsafe buildings,
unmaintained properties, and other factors as outlined in California Health and Safety Code
Section 33031.
1.23.030 Nuisances.
It shall be unlawful and declared a public nuisance for any responsible party to maintain property in
such a manner that allows any of the following conditions to exist thereon, which are deemed to be a
public nuisance:
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A. Any hazard, as defined in Title 24 of the California Code of Regulations, Title 15 of this code or
Section 1.23.020;
B. Refuse and/or waste matter which by reason of its location and character creates 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 it causes visual blight,
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" refers to any unfinished building where active construction is not occurring, or
where the appearance or other conditions of such 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. Any building(s), structure(s) or property that are 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, 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(s), 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
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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, 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
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surface, or upon an unimproved lot or parcel in any zone, or in violation of Chapter 17.16 of
this code.
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 eighteen inches 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. Harbors or is likely to harbor such nuisances as trash or debris or infestations such as
vermin, rats or insects;
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 of vertical clearance from sidewalks and fourteen
feet of vertical clearance from streets, or obscures official street or traffic signage; or
f. 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
rights-of-way 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.
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 or markings, 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, the color of which significantly differs from the
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original surface, 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 six p.m. of the day
preceding collection day and six a.m. 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 for
multiple family, commercial and industrial uses.
28. Maintaining trash enclosures in a manner that is unsightly or causes hazardous conditions.
29. Buildings, uses or conditions that:
a. Violate any mandatory provisions of the building and construction code as adopted by
the city in Title 15;
b. Violate the California Health and Safety Code, including but not limited to Section
17920.3;
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.
30. 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;
31. 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.
32. 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.
33. 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.
34. Violation of any provision of Chapter 6.04 of this code pertaining to animal regulations.
35. Violation of noise standards pursuant to Chapter 9.44 or Section 17.12.030 of this code.
36. Maintenance of any required off-street parking space in such condition as to preclude its
intended purpose for the temporary parking of vehicles.
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37. 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.
F. Each and every day or portion thereof that a violation of this code occurs or continues shall
constitute a new, separate and distinct violation.
1.23.040 General enforcement authority and Right of Entry.
A. Any compliance 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 a
compliance officer charged with the enforcement of this code determines that a violation of any
provision has occurred, the compliance officer shall have the authority to issue an administrative
citation in accordance with Chapter 1.24 to any responsible party for the violation, subject to the
limitations contained in this chapter.
B. Compliance 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. Whenever it is necessary to make an inspection of any premises to
enforce the provisions of this code, and to the extent authorized by law, a compliance 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.
C. Whenever practicable, the compliance 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 compliance officer shall also, when appropriate, contact such owner. If
entry is obstructed by the owner or occupant, the compliance officer shall have recourse to every
remedy provided by law to secure peaceable entry, including seeking 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.
D. When a compliance officer or their 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 compliance officer or their designated representative for the purposes
permitted by this code.
E. The procedures established in this chapter and 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 and other chapters of this code shall be at the sole
discretion of the city.
1.23.050 Decision maker at appeal hearing.
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A. Where an enforcement action includes a violation which concerns or relates to 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 appeal hearing shall be entitled to have that violation
considered before the building appeals board pursuant to Section 15.04.070.
B. All violations not subject to consideration by the building appeals board as set forth in subsection A
and which are appealed, shall be considered by an administrative hearing officer designated by the
city manager or the city manager's designee to preside over the administrative appeal hearing,
which may include, but is not limited to, a person, firm, or corporation.
C. 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.
D. The city manager, or their 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 appeal hearings as provided in this code.
E. Powers. The decision maker shall have the power to:
1. Conduct 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
their 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 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 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; and
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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.
1.23.060 Service of notices and appeal hearing procedure.
A. General service of administrative citations and notices.
1. The administrative citation and all notices shall be served on the responsible party in
accordance with this section.
2. Except as otherwise required by law, administrative citations and all written notices required
to be given under the provisions of this chapter, chapter 1.24 and chapter 1.25 may be served
by one of the following methods:
a. By personal delivery;
b. To the property owner, by mailing a copy of the notice by first class U.S. mail, postage
prepaid, to their 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; or
c. Posting of the notice at the address shown on the last equalized assessment roll
available or another conspicuous place on or near the property.
B. Service of notices when responsible party cannot be located.
1. If the compliance officer is unable to locate the responsible party for the violation at the
property where the violation exists, then the notice shall be mailed to the responsible party in
the manner described in this section and posted in a conspicuous place on or near the
property.
2. Giving notice in the manner provided for in this section 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.
C. Notice of appeal hearing.
1. If an appeal is filed with the City in a timely manner with the requisite fee being paid, a notice
of an administrative appeal hearing shall contain, at a minimum, the following:
a. Date and time of hearing.
b. Location of hearing.
c. Name of the decision maker.
d. Nature of the hearing.
D. The notice shall be sent a minimum of ten days prior to the hearing to the appellant and any other
responsible party.
E. The decision maker may for good cause shown continue an administrative appeal hearing to
another date or time upon request of the compliance officer or the person who filed the appeal.
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Chapter 1.24 ADMINISTRATIVE CITATION PROGRAM
1.24.010 Purpose and intent.
The purpose and intent of this chapter is to set forth a clear process by which the city may issue
administrative citations, in addition to any and all other legal remedies, to address violations of any
section of this code.
1.24.020 Applicability.
A. 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. A comprehensive code enforcement system uses a combination of judicial and administrative
remedies to gain compliance with code regulations. This chapter outlines precise regulations that
can be effectively applied in judicial and administrative proceedings and further establishes
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 this code to afford due process of law to any person who is directly
affected by an administrative enforcement action. Due process of law includes adequate notice of
the violation and enforcement remedy chosen by the city, an adequate explanation of the reasons
justifying the administrative enforcement action taken by the city, and an opportunity to
participate in the appropriate administrative enforcement or appeal hearing. These procedures are
also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised by
any administrative enforcement action.
C. The 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.
1.24.030 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 1.23 of this code.
1.24.040 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 a
minimum of fifteen calendar days to correct or otherwise remedy the code violation, unless a
shorter period of time is 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 fifteen
calendar days may be granted if deemed necessary by the compliance officer.
B. For all other violations not relating 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 a
reasonable time period, as determined by the compliance officer, to correct or otherwise remedy
the code violation.
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C. Upon discovery of code violation(s), the compliance 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 1.23.060 of this code.
D. To the extent the following information is reasonably available to the compliance 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 compliance 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 provide 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. Include 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. Provide a statement that if the violator believes the notice to be in error, that contact should
be made with the compliance officer issuing the pre-citation notice to discuss the matter. The
compliance officer may refer any such discussion to a supervisor or department director;
9. Include the name and signature of the compliance officer.
E. At the end of the compliance period, the compliance 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 within twelve months from the date the pre-citation
notice is issued, the compliance officer may immediately issue the offender an administrative
citation pursuant to Section 1.24.050.
1.24.050 Administrative citation procedures—Generally.
A. Issuance of Administrative Citation. The compliance officer, upon discovering that any responsible
party, as defined in Section 1.23.020(DD) of this code (hereinafter referred to as "offender"), has
committed a code violation(s) and at the end of the compliance period, 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
1.23.060 of this code.
B. Contents of the Administrative Citation. To the extent the following information is reasonably
available to the compliance officer, the administrative citation shall be issued in a form approved
by the city manager, or their designee, and shall include:
1. The date the administrative citation is issued;
2. The date the violation(s) were discovered by the compliance officer;
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3. 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. The address or a definite physical description of the location where the violation(s) occurred;
5. The code section(s) violated and describe how the offender violated the code section(s);
6. The amount of fine imposed for the violation(s);
7. Explanation of 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. An order prohibiting the continuation or repeated occurrence of the violation described in
the administrative citation;
9. The administrative citation appeal process and procedure for obtaining an administrative
appeal hearing. Specifically, notice that the offender must make a written request in the form
and manner described upon the administrative citation within fifteen calendar 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 1.24.060, including a description of
the penalties; and
11. The name and signature of the compliance officer.
C. 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.
D. Voided or cancelled administrative citations. Administrative citations, once issued, shall only be
voided or cancelled under the specific circumstances provided for herein:
1. The compliance 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 1.23.060.
Any individual ordering or otherwise voiding or cancelling an administrative citation under any
circumstances not specifically provided for herein is guilty of a misdemeanor.
1.24.060 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.
A. Payment. If the offender does not make a timely request for an appeal hearing with the required
deposit as set forth in Section 1.24.070, he or she must pay the full amount designated on the
administrative citation within twenty-one calendar days from the date the citation is issued.
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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 1.24.110 of this code. In addition, willful failure to pay fines that are due shall, after sixty
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 fifteen-day appeal period and also obtain a hearing to protest the imposition of the
fine, provided that the offender makes a timely request for an appeal hearing.
C. Obligation to Correct Violation. Nothing in this code shall be interpreted to mean that because an
offender has paid the fine that they are not required to correct the code violation(s). Failure to
correct the code violations may result in additional administrative citations.
D. Refund of Payments. Any administrative citation fine, fee or penalty paid pursuant to subsection A
of this section shall be refunded in accordance with Section 1.24.100(C)(1) if it is determined, after
an appeal 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.
1.24.070 Request for administrative citation appeal hearing.
A. The offender may make a written request for an administrative citation appeal hearing ("hearing"),
in the manner provided for on the citation form, within fifteen calendar 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 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 and be filed with the City Clerk within fifteen calendar days from the
mailing or personal service date of the administrative citation. Incomplete requests shall not be
accepted.
B. Advance Deposit Hardship Waiver. The city manager or their 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.
1.24.080 Manner of conducting administrative citation appeal hearing.
A. An administrative citation appeal hearing (“hearing”) shall occur at the time and place designated
in the notice of hearing, which shall be served in accordance with Section 1.23.060 of this code.
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 1.24.070(A) or an
advance deposit hardship waiver has been obtained in accordance with Section 1.24.070(B).
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,
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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 compliance 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 administrative citation and any report submitted by the compliance officer to the decision
maker shall constitute prima facie evidence of the respective facts contained in those documents.
F. Oral evidence may be given under on oath or affirmation.
G. The responsible party 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.
1.24.090 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.
1.24.100 Administrative decision following hearing.
A. Issuance of Administrative Decision. After considering all of the testimony and evidence submitted
at the hearing, within ten calendar 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. The decision maker shall state in the administrative decision
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. Service of Administrative Decision. The administrative decision shall be served in accordance with
Section 1.23.060 of this code. Copies of the administrative decision shall be sent to the property
owner, responsible party, compliance officer and the city clerk.
C. Refunds and Payments of Fines.
1. If the decision maker determines that the administrative citation should be canceled or
modified, then the city shall promptly refund the fine deposit, or modified portion thereof.
2. If the decision maker determines that the administrative citation 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. Limitations on Filing Judicial Action. The administrative decision shall include a statement that the
person may seek judicial review of the administrative order by doing one of the following:
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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 ninety
days after the date of the decision in accordance with the Code of Civil Procedure Section
1094.6.
3. 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.
1.24.110 Remedies and collections process for late, unpaid fines, fees and penalties.
A. Liability for late charges. 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. Debt to city. 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. Collection process.
1. 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.
2. Whenever a notice is required to be given under this chapter, such notice may be given
pursuant to the methods listed in Section 1.23.060.
3. 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.
4. 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.
5. 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.
6. Failure to receive any notice specified in this code does not affect the validity of proceedings
conducted hereunder.
7. 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.
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Chapter 1.25 NUISANCE ABATEMENT
1.25.010 Purpose and intent.
The purpose and intent 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.
1.25.020 Applicability.
A. 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. A comprehensive code enforcement system uses a combination of judicial and administrative
remedies to gain compliance with code regulations. This chapter outlines precise regulations that
can be effectively applied in judicial and abatement proceedings and further establishes uniform
procedures for the proper application of nuisance abatement hearings and remedies to resolve
code enforcement cases and appeals.
B. It is the purpose and intent of this code to afford due process of law to any person who is directly
affected by nuisance abatement action. Due process of law includes adequate notice of the
violation and enforcement remedy chosen by the city, an adequate explanation of the reasons
justifying the nuisance abatement action taken by the city, and an opportunity to participate in the
appropriate enforcement or appeal hearing. These procedures are also intended to establish a
forum to efficiently, expeditiously and fairly resolve issues raised by any nuisance abatement
action.
C. The nuisance abatement process provided for in this chapter is 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 1.23 of this code.
1.25.040 Notice of violation and order to abate.
A. Whenever a compliance officer charged with the enforcement of any provision of this chapter
determines that a violation of a provision of the code exists, the compliance 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.
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 located;
2. A statement specifying the condition(s) which constitute a nuisance and the specific code
section(s) which have been violated;
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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 compliance officer determines that ten calendar days
is insufficient to abate the nuisance a statement specifying a date certain by which the
nuisance must be abated;
5. A statement that if the responsible party fails to abate the nuisance within the time
prescribed in the notice the city will abate the nuisance at the expense of the responsible
parties and the costs of such abatement may be charged against the premises as a lien or
special assessment;
6. A statement informing the recipient of their right to contest the compliance 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
7. A statement advising 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.
8. The name, signature and department of the citing compliance 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 1.23.060.
D. The person giving such notice shall file a copy thereof in the office of the compliance 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.
1.25.050 Abatement by owner.
The owner or responsible party may, at their own expense, (a) abate the nuisance in the time and
manner presented in the 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 1.25.040, provided that all necessary permits are first obtained. If a compliance 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.
1.25.060 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
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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 Section 1.25.150.
1.25.070 Request for appeal hearing.
A. The owner or responsible party may make a written request for an appeal hearing to appeal a
notice of violation and order to abate in the manner provided for on the notice of violation and
order to abate, within fifteen calendar days from the mailing or personal service date of the notice
of violation and order to abate.
B. The written request for an appeal hearing must be accompanied by a deposit of the entire amount
of the fine, if a fine was imposed. The provisions of 1.24.070(B) relating to Advance Deposit
Hardship Waiver shall apply to an appeal of a notice of violation and order to abate.
1.25.080 Manner of conducting appeal hearing.
A. An appeal hearing for the appeal of a notice of violation and order to abate shall occur at the time
and place designated in the notice of hearing.
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 compliance officer shall bear the burden of proving by a preponderance of the evidence that
violation(s) of the code exist.
E. Any notice of violation, administrative citation or report submitted by the compliance officer to the
decision maker shall constitute prima facie evidence of the respective facts contained in those
documents.
F. Oral evidence may be given under on oath or affirmation.
G. The responsible party 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.
1.25.090 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
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shall be presumed an admission to the violation indicated in the enforcement action, and such person
will forfeit any fine or fee submitted.
1.25.100 Decision following hearing.
A. Issuance of Decision. After considering all of the testimony and evidence submitted at the hearing,
within ten calendar days after the conclusion of the hearing of the appeal of the notice of violation
and order to abate, the decision maker shall issue a written decision in the form of an
administrative order upholding, modifying, or cancelling the notice of violation and order to abate.
The decision maker shall state in the administrative decision 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. Service of Decision. The decision shall be served in accordance with Section 1.23.060 of this code.
Copies of the decision shall be sent to the property owner, responsible party, compliance officer
and the city clerk.
C. Order to abate. If the decision maker upholds the notice of violation and order to abate the
nuisance, then the decision shall provide a date for abatement of the violations at such time as the
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 abatement 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.
D. If the decision maker determines that the existing nuisance 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.
E. Refunds and Payments of any fine.
1. If the decision maker determines that the notice of violation should be canceled, then the city
shall promptly refund any deposited fine.
2. If the decision maker determines that the notice of violation and 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.
F. Limitations on Filing Judicial Action. The abatement order shall include a statement that the person
may seek judicial review of the abatement order by filing a petition for a writ of mandate pursuant
to Code of Civil Procedure Section 1094.5. The abatement order shall state that judicial review
must be filed no later than ninety days after the date of the decision in accordance with the Code
of Civil Procedure Section 1094.6.
1.25.110 Abatement cost records.
A. Where the compliance officer is required to cause the abatement of a public nuisance pursuant to
the provisions of this chapter, they 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 compliance 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
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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.
1.25.120 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 1.23.060 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 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 Section
1.25.150 of this code. The decision of the city council shall be final and conclusive.
1.25.130 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. Additionally, as authorized under Health and Safety Code section 17980.7, a court may
extend its jurisdiction and enforcement measures to ensure compliance with abatement orders for
substandard housing conditions that pose significant risks to public health and safety and may, among
other things, order imposition of penalties and/or order the owner to pay all reasonable and actual costs
of enforcement, including attorney’s fees or costs and all costs of prosecution.
1.25.140 Limitations on filing judicial action.
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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.
1.25.150 Nuisance abatement lien and special assessment procedures.
A. 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:
1. 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
2. Follow the procedure for nuisance abatement liens set forth in Government Code Section
38773.1.
B. Special assessment. If the city makes the abatement costs a special assessment against the
property on which the nuisance is maintained, the city shall:
1. Provide notice of the special assessment to the property owner by a method as listed in
Section 1.23.060, 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
2. The city shall follow the procedures set forth in Government Code Section 38773.5.
C. Lien procedures. Whenever the amount of any fine, fee or penalty and/or 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 appealed, this obligation may
constitute a lien against the real property on which the violation occurred as follows:
1. 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.
2. Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant
to law.
3. 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.
4. 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.
5. 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.
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6. 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.
7. 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.
1.25.160 Summary abatement
Whenever any condition on or use of property causes or constitutes or appears to cause or
constitute an immediate hazard or threat, any compliance officer or their authorized representative
shall have the authority to institute the following procedures:
A. Notice. The code compliance officer shall attempt to make contact through a personal interview, or
by telephone, with the owner or responsible party, 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 compliance officer is unable to make contact as hereinabove
noted, or if the appropriate persons, after notification by the code compliance officer, do not take
action as specified by such official, within twenty-four hours, or a lesser period if deemed
necessary, then the code compliance officer may, with the approval of the city manager or their
designee, and the City Attorney take all steps deemed necessary to remove or isolate such
dangerous condition, or conditions, with the use of city forces or a contractor retained pursuant to
the provisions of this code. The abatement shall include all actions necessary to secure the
premises to prevent further occurrence of the nuisance.
C. Summary abatement actions shall not be subject to the notice and hearing requirements of this
chapter, and a compliance 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 Section
1.25.150(A) or (B).
Chapter 1.26: RESIDENTIAL RENTAL UNITS
1.26.010 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 their tenant(s), any
member of the tenant's household, their children, their guests, or their visitors while on the premises, to
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create or permit a violation of Section 1.23.030 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 1.23.030 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 Sections 11570—11579 and other lawful
authority.
Further, any person or entity owning, leasing out, renting out, occupying, or having charge or
possession of any residential dwelling, property or 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.
1.26.020 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.
1.26.030 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 1.26.040 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 their
agent, or their designee, which rental agreement shall include a copy of Section 1.23.030 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 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.
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4. By signing the lease to which these House Rules are attached, the tenant(s) are on notice that
any disturbance, criminal activity, or violation of these House Rules attributable to any
tenant(s), household members, children, guests, or visitors shall constitute a material lease
violation and shall be cause for immediate termination of tenancy and eviction from the unit.
5. The property manager will assign and control all parking and common areas to ensure that
activities occurring there do not constitute a public nuisance, disturbance of the peace,
disturbance of quiet enjoyment of the occupants of the property or neighboring properties,
or a violation of any federal, state, or local law, including, but not limited to, fighting, littering,
consumption of alcohol or of any illegal drug, narcotic or controlled substance, prostitution,
brandishment of any weapon, urination, defecation, or intoxication.
B. A copy of the signed lease agreements, or addenda containing the information required under this
section, and house rules shall be kept in the office of the property manager. All lease agreements,
rules and regulations shall be either in English or Spanish, according to the tenant(s) native
language, or shall be explained to the tenant(s) by an interpreter signing an affidavit.
C. A copy of the house rules in English and Spanish shall be posted in all common areas such as
laundry rooms, lobbies, hallways, and community rooms.
1.26.040 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
1.26.030 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
1.26.030 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 1.26.030 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 1.26.030 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
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b. One year subsequent to the effective date of the ordinance from which this chapter is
derived.
1.26.050 Responsibility for property maintenance.
A. Every owner of real property within the city is required to maintain such property in a manner so
as not to violate the provisions of this chapter and such owner remains liable for violations thereof
regardless of any contract or agreement with any third party regarding such property.
B. Every occupant, lessee, tenant or holder of any interest in real property, other than the owner
thereof, who had assumed responsibility for the maintenance of such property under terms of a
written lease, rental agreement, or other contractual arrangement, and to the extent of that legal
responsibility for maintenance, shall produce for inspection the document establishing such
obligation.
1.26.060 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 1.24; and
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.
Chapter 1.27: RESERVED.