Petaluma Municipal Code Ch. 1.14 Administrative Enforcement

1 An NOV is not required if the enforcement oMcer determines that summary abatement is required, pursuant

to Chapter 1.15.

An enforcement oMcer shall have the authority to gain compliance with this code, including the power to issue a

notice of violation ("NOV") as described in Section 1.14.020, the power to inspect public and private property, the

power to record a notice of violation against any property related to the violation, and the power to carry out the

provisions of an abatement order. (Ord. 2385 NCS §1, 2010; Ord. 2250 NCS §3, 2006.)

A. Whenever an enforcement oMcer Knds that a provision of this code has been violated, including but not

limited to a failure to comply with a term or condition imposed by any agreement, entitlement, permit, license or

environmental document issued or approved by or on behalf of the city or the Petaluma community development

commission, or a failure to comply with any other laws the violation of which constitutes a nuisance condition, and

such oMcer elects to pursue administrative enforcement pursuant to Chapters 1.10 through 1.16, he or she may issue the responsible party an NOV.1 Such NOV shall be served on the responsible party in the manner described

in subsection B of this section. The enforcement oMcer shall include the following information in the NOV:

1. The date and location of the violation, including the address or other description of the location where

the violation occurred or is occurring and a brief description of the conditions observed that constitute a

violation.

2. The name(s) of the responsible party(ies), if known.

3. The code section(s) being violated and a description of the section(s).

4. Actions required to correct, abate or mitigate the nuisance condition or code violation, and a period of

time during which action(s) shall be commenced and completed, considering the factors listed in Section

1.14.040.

5. An order prohibiting the continuation or repeated occurrence of a nuisance condition or violation of this

code described in the NOV.

6. Except when the enforcement oMcer orders the responsible party to appear at a hearing to show cause

pursuant to Section 1.14.030, a statement that the person upon whom the NOV is served may appeal the

determination that there is/are violation(s) as alleged, that the person who was served with the NOV is the

responsible party, or that the amount of any administrative Kne imposed is warranted. The NOV will instruct

the person being served as to the proper procedure and time frame for submitting an appeal.

7. If applicable, notice that failure to correct or abate the listed violations in the NOV within the time

speciKed will subject the responsible party to a penalty pursuant to Section 1.14.050. If a penalty will be

imposed, the NOV shall include the amount of the penalty.

8. The signature of the citing enforcement oMcer and city contact information (address, telephone number)

for additional information.

B. The NOV shall be served upon the responsible party or owner personally or by United States mail, Krst-class

postage prepaid, and if by such mail, it shall be sent to the last known address listed on the most recent tax

assessor’s records. In the case of personal service, service shall be deemed complete at the time of such delivery.

In the case of service by Krst-class mail, service shall be deemed complete at the time of deposit into the United

States mail. Where service is by Krst-class mail, a copy of the NOV shall be conspicuously posted at the aNected

property when reasonably practicable for a period of not less than three calendar days prior to the Krst date that

commencement of corrective action or abatement is to be undertaken. The failure to receive an NOV sent via Krst-

class mail shall not aNect the validity of any enforcement proceedings under Chapters 1.10 through 1.16.

C. Proof of service shall be certiKed by a written declaration under penalty of perjury executed by the person

eNecting service, declaring the date, time, and manner of service, and the date and place of posting, if applicable.

The declaration shall be aMxed to a copy of the NOV and retained by the enforcement oMcer.

D. The failure of an NOV to satisfy all of the requirements of this provision shall not aNect the validity of any

other enforcement proceedings under this code.

(Ord. 2385 NCS §1, 2010; Ord. 2250 NCS §3, 2006.)

Subject to the provisions of Sections 1.14.010 and 1.14.020, any NOV issued by an enforcement oMcer may

include an order requiring the responsible party to appear at a hearing to show cause why such nuisance

condition or other code violation should not be abated by the city at the responsible party’s expense. Such hearing

shall be referred to as an order to show cause hearing, or OSC hearing. All OSC hearings shall be conducted

pursuant to the procedures set forth in Sections 1.14.090 and 1.14.100, and subject to all of the provisions of this

chapter. (Ord. 2385 NCS §1, 2010; Ord. 2250 NCS §3, 2006.)

In any NOV or abatement order issued, the time allowed for abatement shall be a "reasonable time" based upon

the circumstances of the particular violation, taking into consideration the means required to abate the violation,

the period of time that the violation has existed, and the potential threat to public health and safety created by the

violation. If the violation pertains to building, plumbing, electrical, mechanical or other similar structural or zoning

issues and does not pose an imminent or immediate threat of harm to persons or property, or to public health,

welfare or safety, the responsible party shall be provided not less than Kfteen days in which to abate or otherwise

remedy the violation. The determination of timely compliance, abatement, mitigation or elimination of the

violation shall be made by the enforcement oMcer, hearing oMcer, or other authorized city oMcial. (Ord. 2385 NCS

§1, 2010; Ord. 2250 NCS §3, 2006.)

Any nuisance condition or violation of any provision of this code, including a failure to comply with a term or

condition imposed by any agreement, entitlement, permit, license or environmental document issued or approved

by or on behalf of the city or the Petaluma community development commission, or a failure to comply with any

county, state or federal law, may subject the responsible party to a penalty imposed pursuant to the city’s general

police powers, and/or Government Code Sections 36901 and 53069.4. Whether to impose a penalty shall be within

the discretion of the enforcement oMcer.

A. The amount of any penalty that may be imposed for a violation that would otherwise be an infraction shall

not exceed the amounts set forth in Government Code Section 36900(b), as amended from time to time. The

amount of any penalty that may be imposed for all other violations (i.e., violations that would otherwise be

misdemeanors) shall not exceed one thousand dollars per day. In determining the amount of a penalty, the

following factors should be taken into consideration:

1. Duration of the violation.

2. Frequency, reoccurrence, or number of violations by the same person.

3. Seriousness of the violation and/or its impact on the community and/or the degree of culpability of the

responsible party.

4. JustiKcation, if any, for the existence, or continuance, of the violation.

5. Whether the violation is susceptible to restoration or other mitigation.

6. Good faith eNorts to mitigate the violation or to come into compliance, pursuant to the terms of the NOV

or abatement order.

7. Sensitivity of any aNected resource.

8. Any proKts or other economic beneKt realized by the responsible party resulting, directly or indirectly,

from the violation.

9. The city’s schedule of administrative penalties.

10. Such other factors as justice may require.

B. Each and every day during any portion of which a nuisance condition exists or continues may be deemed a

separate and distinct violation for purposes of setting the amount of penalty to be imposed. Any penalty imposed

will accrue on a daily basis from the date the penalty becomes eNective until the violation is corrected.

C. Any penalty amount is a debt owed to the city. In addition to all other means of enforcement, a penalty may

be enforced as a personal obligation of the responsible party. If the violation is in connection with real property, a

penalty may also be enforced by imposition of a lien or special assessment upon the real property, as described in

Section 1.14.140. Any lien or special assessment imposed upon real property shall remain in eNect until the

penalty is paid in full.

D. The hearing oMcer, in his/her discretion, may suspend the imposition of any applicable penalty for a period of

time not to exceed sixty days during which the responsible party has demonstrated a willingness to correct the

violations listed in the NOV or comply with an abatement order, or has applied for permits required to achieve

compliance and such permit applications are actively pending before, or have already been issued by, the city, the

state, or other appropriate governmental agency, or under any other circumstances that would justify a

suspension of the penalty.

(Ord. 2385 NCS §1, 2010; Ord. 2250 NCS §3, 2006.)

A. If a penalty is imposed and the responsible party fails to appeal the penalty as speciKed in Section 1.14.070,

the responsible party shall pay the amount of the penalty within thirty days of the eNective date of the penalty,

unless an extension of time is requested by the party against whom the penalty is imposed and the request is granted by the city manager. Any penalty imposed shall be payable to the city, or to a collection agency if the

penalty has been assigned to a collection agency pursuant to subsection C of this section.

B. If the amount of any penalty imposed for a violation relating to an aNected property has not been satisKed in

full within sixty days of the date due and has not been successfully challenged by appeal or in court, the penalty

amount may become a special assessment or lien against the aNected property, as provided in Section 1.14.140. If

the city elects to make any penalty a special assessment or lien against the aNected property, a statement of the

amount due, and any additional costs or expenses that might be recoverable as part of the enforcement action,

shall be prepared and submitted to the city council for conKrmation in accordance with the procedures described

in Section 1.14.130.

C. Notwithstanding subsection B of this section, the amount of any unpaid penalty may be collected by

commencement of a civil action to collect such penalty, or in any other manner provided by law for the collection

of debts, including assignment of the debt to a collection agency. Subject to the requirements of Chapters 1.10

through 1.16 and other applicable law, amounts assigned for collection are subject to collection agency rules,

regulations and policies. The city shall be entitled to recover any and all costs associated with collection of any

such penalty.

D. The payment of a penalty by or on behalf of any responsible party shall not relieve such party from the

responsibility of correcting, removing or abating the nuisance condition, or performing restoration where

required, nor prevent further proceedings under Chapters 1.10 through 1.16 or any other authority to achieve the

correction, removal or abatement of the nuisance, or any required restoration.

E. Any person who fails to pay to the city any penalty imposed pursuant to the provisions of this chapter on or

before the date that penalty is due also shall be liable for the payment of any applicable late payment charges set

forth in the schedule of penalties.

(Ord. 2385 NCS §1, 2010; Ord. 2250 NCS §3, 2006.)

A. A person or entity named as the responsible party in an NOV may appeal the determination that there is/are

violation(s) as alleged in the NOV that the person or entity who was served with the NOV is the responsible party,

that a penalty or the amount of a penalty is warranted, or any other terms of an NOV. If an OSC hearing has been

scheduled pursuant to Section 1.14.030, the OSC hearing shall serve as the appeal hearing authorized by this

section.

B. Any person appealing an NOV must obtain a "request for hearing" form from the city clerk’s oMce, located at

Petaluma City Hall, 11 English Street, Petaluma, California, 94952, and return it to the city clerk’s oMce, fully

completed within Kfteen days from the date of service of the NOV.

C. At the time of returning the request for hearing form to the city clerk’s oMce, the person or entity requesting

the appeal hearing shall deposit in advance the amount of any imposed Kne. No appeal shall proceed without payment of the applicable Knes at the time the appeal is Kled; provided, that the city manager may waive or defer

the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship,

signiKcant attempts to comply with the notice and order, and other factors indicating good faith attempts to

comply.

D. Failure to timely submit a completed request for hearing form or to pay the advance deposit of any Kne

constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies.

(Ord. 2385 NCS §1, 2010; Ord. 2250 NCS §3, 2006.)

Enforcement of an NOV or penalty shall be stayed during the pendency of an appeal therefrom which is properly

and timely Kled, unless the city obtains an order from a court of competent jurisdiction requiring or authorizing

the abatement of the condition that is the subject of the city’s enforcement eNorts. (Ord. 2385 NCS §1, 2010; Ord.

2250 NCS §3, 2006.)

A. An appeal hearing based on a request for hearing shall be set for a date not less than ten days nor more than

sixty days from the date the request for hearing form is Kled unless the enforcement oMcer determines that the

matter is urgent or that good cause exists for an extension of time, in which case the hearing date may be

shortened or extended, as warranted by the circumstances.

B. A hearing under authority of this section shall be conducted according to the procedures set forth herein. The

failure of the responsible party or other interested party to appear at the hearing following proper notice shall

constitute a waiver of the right to be heard and a failure by such party to exhaust his/her administrative remedies.

1. When a request for hearing is Kled, the city clerk’s oMce or their designee shall set the time and place for

hearing pursuant to subsection A of this section, and shall serve a notice of hearing either personally or by

U.S. mail, Krst-class postage prepaid, to the appellant at the address provided in the request for hearing form.

The time for such hearing shall be no sooner than ten days from the date of service of the notice of hearing.

2. At the place and time set forth in the notice of hearing, the hearing oMcer shall conduct a hearing on the

alleged violations. Any responsible party or other interested person(s) may appear and oNer evidence as to

whether a violation has occurred and/or whether the violation continues to exist, whether the person cited in

the NOV is the responsible party for any such violation, whether a penalty or the amount of a penalty is

warranted, or any other matter pertaining thereto. Evidence presented by the enforcement oMcer or other

oMcial of the city tending to show that a violation occurred and that the person named on the NOV is the

responsible party shall establish a prima facie case that a violation, as charged, actually existed and that the

person named in the NOV is the responsible party for the violation. The burden of proof shall then be on the responsible party to refute such evidence. The standard to be applied for meeting such burden shall be a

preponderance of evidence.

3. The hearing oMcer shall consider written or oral testimony or other evidence regarding the violation

presented by the responsible party, the owner, the occupant, any oMcer, employee, or agent of the city, and

any other interested party. Evidence oNered during a hearing must be credible and relevant in the estimation

of the hearing oMcer, but formal rules governing the presentation and consideration of evidence shall not

apply.

4. The hearing oMcer shall conduct the hearing, order the presentation of evidence, and make any rulings

necessary to address procedural issues presented during the course of the hearing.

5. After receiving all of the evidence presented, the hearing oMcer may then deliberate and consider what

   action, if any, should be taken, or may adjourn the hearing and take the matter under consideration.

(Ord. 2385 NCS §1, 2010; Ord. 2250 NCS §3, 2006.)

A. Within ten days following the conclusion of the hearing, the hearing oMcer shall make a decision regarding

the issues presented during the course of the hearing, and the decision shall be based on a preponderance of the

evidence. After making a decision, the hearing oMcer may issue an abatement order. If the hearing oMcer Knds

that no violation occurred, that the violation was corrected within the speciKed time period, or that the person

cited is not the responsible party, the hearing oMcer may issue an administrative order to reLect those facts.

B. The responsible party and any interested party requesting a copy of an abatement order or administrative

order shall be served with a copy of said order in the same manner as used for service of a notice of hearing as

described in Section 1.14.020(B). Proof of service of the abatement order or administrative order shall be certiKed

by a written declaration under penalty of perjury executed by the person eNecting service, declaring the date,

time, and manner that service was made.

C. Subject to Section 1.14.080, an abatement order shall become eNective and enforceable following the

announcement or service of such order unless the order includes a later eNective date. It shall include a statement

of the right to have the order judicially reviewed in the manner and in the time frames speciKed in Section

1.14.110.

D. An abatement order may include any combination of the following remedies:

1. Impose or uphold a penalty, subject to Government Code Sections 36900(b) and 53069.4.

2. Issue a "cease and desist" order requiring the responsible party, or any agent, representative, employee,

or contractor of the responsible party, to immediately stop any act, conduct, or condition that is a violation of

this code. A cease and desist order issued pursuant to this section shall be eNective upon issuance and shall

be served on the responsible party in the manner speciKed in Section 1.14.020(B).

3. Require the responsible party to correct or eliminate any violation, including a proposed schedule for

correction or elimination of said violation within a reasonable time. If a violation pertains to building,

plumbing, electrical, or any other structural or zoning issues and the violation does not create an immediate

threat to health or safety, the responsible party shall be provided at least Kfteen calendar days to correct,

abate, or otherwise remedy the violation.

4. Require the responsible party, or authorize the city, to restore a site or location that has been damaged

or disturbed as a result of a violation of this code to a previolation condition. Any order authorizing the city to

undertake restoration eNorts shall include provisions for the city to recover all restoration costs and

expenses, including administrative costs, from the responsible party.

5. Require the responsible party, or authorize the city, to mitigate any damage or disturbance to protected

or environmentally sensitive areas as a result of any violation, including without limitation oN-site

replacement of damaged or destroyed natural resources where on-site restoration or mitigation is not

feasible, as determined by the city. Any order authorizing the city to undertake mitigation eNorts shall include

provisions for the city to recover all costs of abatement, including mitigation costs and expenses, from the

responsible party.

6. Impose conditions that restrict or regulate the development of, use of, or activity on real property where

a nexus exists between the violation(s) and the development, use or activity. Conditions may be imposed until

the violations are fully abated. Restrictions and regulations on current or future development, use or activity

may include site restoration and/or the suspension or revocation of any entitlements issued by the city.

7. Authorize the city to abate or cause the abatement of a nuisance condition where the responsible party

has refused or has otherwise neglected to take steps to correct or eliminate said conditions. The abatement

order shall specify that if the city undertakes to abate or eliminate any nuisance condition as provided in

Section 1.11.030, the city shall be entitled to recover all costs of abatement incurred in performing such work

and other costs necessary to enforce the order. Such costs may be recovered by the city as a personal

obligation and/or through a lien or a special assessment on the aNected property as provided in Section

1.14.140.

8. Sustain, modify, or overrule an NOV issued by an enforcement oMcer.

9. Any other order or remedy that serves the interests of justice.

E. The city may seek to enforce any abatement order by conKrmation from a court of competent jurisdiction.

Any abatement order that is judicially conKrmed may be enforced through all applicable judicial enforcement

measures, including without limitation contempt proceedings upon a subsequent violation of such order.

(Ord. 2385 NCS §1, 2010; Ord. 2250 NCS §3, 2006.)

A. Any responsible party who is aggrieved by a decision of a hearing oMcer, or of a board, commission,

department, agency, or person authorized to render such a decision on behalf of the city pursuant to Chapters

1.10 through 1.16, and who has exhausted the administrative remedies provided in this code, or any other

applicable law, shall have the right to seek judicial review of such decision by Kling a petition for writ of mandate in

accordance with Code of Civil Procedure Section 1094.5. A petition for writ of mandate must be Kled within ninety

days after the administrative decision becomes Knal (as determined in Code of Civil Procedure Section 1094.6).

Notwithstanding these time limits, where a shorter time limitation is provided by any other law, including that set

forth in Government Code Section 53069.4 (see subsection E of this section), such shorter time limit shall apply.

B. Written notice of the time limitation in which a party may seek judicial review of an abatement order shall be

given to all responsible parties in the matter by the city in substantially the following form:

"Judicial review of this decision may be sought by following the procedure outlined in Code of Civil Procedure

Section 1094.5. Judicial review must be sought not later than the ninetieth day following the date on which this

decision becomes Knal, except that where a shorter time is provided by any state or federal law, such shorter time

limit shall apply."

C. This section shall not be deemed to revive any cause of action or grounds for relief through a special

proceeding that is barred by law or equity.

D. All costs of preparing an administrative record that may be recovered by a local agency pursuant to Code of

Civil Procedure Section 1094.5(a) or successor statute shall be paid by the petitioner prior to delivery of the record

to petitioner.

E. Any responsible party against whom a penalty has been imposed and who has exhausted the administrative

remedies provided in this code or other applicable law may obtain judicial review of said penalty pursuant to

Government Code Section 53069.4 by Kling an appeal to the Sonoma County superior court, subject to the time

limits described therein. Any such appeal shall be Kled as a limited civil case. Written notice of the subject time

limits shall be given to all responsible parties against whom a penalty is imposed in substantially the following

form:

"The time within which judicial review of the penalty imposed by this order must be sought is governed by

Government Code Section 53069.4. Judicial review must be sought not later than twenty days after service of the

order imposing or conKrming such penalty."

(Ord. 2385 NCS §1, 2010; Ord. 2250 NCS §3, 2006.)

The city may elect to recover its costs to abate nuisance conditions or other code violations, including without

limitation the costs of any appeals hearing or OSC hearing (including staN time necessary to prepare for and

attend an appeals hearing or OSC hearing), any reinspections required to determine or conKrm that compliance

has been achieved, production of all staN reports, environmental tests or measurements that are deemed

necessary or appropriate by the enforcement oMcer, third-party inspection(s) or consultant services as deemed

necessary by the city and any attorneys’ fees incurred in pursuing enforcement. If the city elects at the initiation of

an administrative enforcement action or proceeding to seek recovery of attorneys’ fees, pursuant to Government

Code Section 38773.5(b), then the prevailing party shall be entitled to recover attorneys’ fees in an amount not to

exceed the amount of attorneys’ fees incurred by the city in such action. Recovery by the city of the costs of

enforcement shall be in addition to any penalty imposed on the responsible party. (Ord. 2385 NCS §1, 2010; Ord.

2250 NCS §3, 2006.)

A. If any order authorizes the city to abate a nuisance condition or other code violations, the city oMcial

responsible for such abatement shall keep an accounting of the cost of abatement along with any other

recoverable costs, and shall render a written report ("the cost report") to the city council showing the cost of

removing and/or abating the nuisance condition and describing the work performed. The cost report shall be

agendized as a "public hearing" item by the city clerk at a subsequent city council meeting following the required

notice periods.

B. At least ten days prior to the submission of the cost report to the city council, the city clerk’s oMce or their

designee shall cause a copy of the cost report to be mailed to the responsible party and/or to the owner of the

property where the nuisance condition existed. If the nuisance concerns real property, a copy of the cost report

shall be mailed to the owner(s) at the address shown for such owner(s) on the last tax roll. The city clerk’s oMce or

their designee shall also cause a notice of hearing to be mailed to the same person(s) or entity receiving a copy of

the cost report. The notice of hearing shall set forth the date, time and location of the city council meeting at which

the cost report shall be submitted to the city council.

C. At the time and place Kxed for receiving and considering the cost report, the city council shall hear a summary

of the cost report and any objections by the responsible party or property owner against whom such costs are

being charged or against whose property an abatement lien or special assessment may be imposed. After

considering the cost report and any objections thereto, the city council may make such modiKcations to the cost

report as it deems appropriate, after which the report may be conKrmed by order of the city council.

D. A copy of a council order conKrming costs against the responsible party shall be served on the responsible

party within ten days of such order in the manner described in Section 1.14.020(B). Any responsible party against

whom costs of abatement and any other costs are awarded by council order shall have the right to seek judicial

review of such order by Kling a petition for writ of mandate in accordance with Code of Civil Procedure Section

1094.5.

(Ord. 2385 NCS §1, 2010; Ord. 2250 NCS §3, 2006.)

A. Any penalty imposed for violations of this code, including any other codes or statutes that have been

incorporated into this code, any administrative costs or other expenses of enforcement, and the cost or expenses

associated with the abatement of a nuisance condition that are levied in accordance with Chapters 1.10 through

1.16, whether imposed or levied judicially or administratively, may be enforced by the recordation of a lien against

the property of the owner of the real property where the nuisance condition existed. Any such lien shall be

recorded in the oMce of the Sonoma County recorder, and from the date of recording shall have the force, eNect,

and priority of a judgment lien. A lien authorized by this subsection shall specify the amount of the lien, that the

lien is being imposed on behalf of the city, the date of the NOV and abatement order, the street address, legal

description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of

the record owner of the parcel.

B. Before recordation of a lien authorized by this section, a notice of lien shall be served on the responsible

party and/or owner of record of the parcel of land on which the nuisance existed, based on the last equalized

assessment roll or the supplemental roll, whichever is more current. The notice of lien shall be served in the same

manner as a summons in a civil action. If the owner of record cannot be found, after a diligent search, the notice

of lien may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days

and publication thereof in a newspaper of general circulation published in Sonoma County.

C. Any fee imposed on the city by the county recorder for costs of processing and recording the lien as well as

the cost of providing notice to the owner in the manner described herein may be recovered from the owner in any

foreclosure action to enforce the lien following recordation.

D. As an alternative to the lien procedure described above, any penalty imposed for violations of this code,

including any other codes or statutes that have been incorporated into this code, and any costs of enforcement or

administration or expenses associated with the abatement of any nuisance levied in accordance with Chapters

1.10 through 1.16, whether imposed or levied judicially or administratively, may become a special assessment

against the real property where the nuisance condition(s) existed. Any special assessment imposed on real

property pursuant to this section may be collected at the same time and in the same manner as ordinary

municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case

of delinquency as are provided for ordinary municipal taxes. Notice of any special assessment that is levied on real

property pursuant to this section shall be given to the owner by certiKed mail, and shall contain the information

set forth in Government Code Section 38773.5(c). All laws applicable to the levy, collection, and enforcement of

municipal taxes, including those described in Government Code Section 38773.5(c), shall be applicable to such

special assessment.

(Ord. 2385 NCS §1, 2010; Ord. 2250 NCS §3, 2006.)