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CC Ordinance 2283 - Use of Compliance Agreements in Code EnforcementORDINANCE NO. 2283 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 6.10 OF THE CAMPBELL MUNICIPAL CODE TO ADD PROVISIONS REGARDING THE USE OF COMPLIANCE AGREEMENTS IN CODE ENFORCEMENT After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: SECTION 1. Section 6.10.015 of the Campbell Municipal Code is hereby amended to read as follow: As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates a different intent: "Building official" means any person authorized to enforce the building regulations of the city. "City manager" means the duly appointed city manager of the city, or anyone authorized by him or her to carry out his or her duties under this chapter. "Community development director" means the director of the community development department of the city, or anyone authorized by him or her to carry out his or her duties under this chapter. "Compliance Agreement" shall mean an agreement between the city and responsible person that identifies a schedule with identified milestones to obtain abatement of a violation "Disturbing the peace" means any of the following: (1) Any violation of California Penal Code Section 415; or (2) Any act or course of conduct that a reasonable person would know to be likely to unreasonably and significantly disturb another in the regular conduct of their normal life activities. "Enforcement costs" means all costs incurred by the city in enforcing the provisions of this chapter, whether by abatement, administrative proceedings or civil actions, or any combination of these actions. Enforcement costs shall include the following: (1) Administrative and regulatory costs: including (a) any time spent by a city employee or contractor for code enforcement activities related to the code violation, such as inspections and reinspections, compliance reinspections, abatement actions, police services, administration, bookkeeping and accounting, legal services, supervision, preparing for and attending hearings, (b) administrative fines and penalties, and (c) other costs related to the enforcement such as costs of abatement, notices, and court costs. Costs based on time spent by city employees or contractors shall include salary, benefits, and overhead; (2) Collection costs: costs incurred in securing payment of any delinquent amount owed to the city; (3) Attorneys' fees: reasonable attorneys' fees incurred by the city, if the city has elected at the initiation of the individual action or proceeding to seek recovery of its attorneys' fees. "Enforcement officer" means the building official, city code enforcement officer, police officer, the officials and animal control officers of the Silicon Valley Animal Control Authority, city department head (to the extent responsible for enforcing provisions of this code), or any other city employee designated by this code, the city manager, or any department head to enforce a provision of this code. "Excessive littering" means throwing, dropping, placing, depositing, or sweeping, or causing any such acts, of any waste matter on land or water in other than appropriate storage containers or areas designated for such purposes, which cause the waste matter to accumulate. "Fire marshal" means any person authorized to enforce the fire regulations of the city; "Harassment of passersby" means any of the following conduct when initiated without the consent of the person to whom it is directed: (1) The abuse of a passerby with words which are offensive and inherently likely to provoke an immediate violent reaction; (2) Touching a passerby with an intent to intimidate or coerce; (3) Threatening the passerby with physical harm by word or gesture giving rise to a reasonable tendency to produce in the passerby a fear that the threat will be carried out; (4) Coming closer than three feet to a passerby for the purpose of initiating a commercial transaction through intimidation or coercion; (5) Intentionally blocking or impeding a person's passage; (6) Following a passerby after he or she declines a solicitation with an intent to intimidate or coerce that passerby. "Hearing officer" means a person designated by the city manager to hear and decide any matter authorized pursuant to this chapter. The designated hearing officer shall be an impartial person, such as: (1) a city employee from a department not involved in the prosecution of the matter to be decided, or (2) a person selected from a panel of hearing Page 2 of 5 officers assembled by the city manager, or (3) a person hired from an organization which provides hearing officers. Hearing officers shall be selected in such a manner that the hearing officer does not have a financial incentive to decide a matter to a particular conclusion. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon or affected by the amount of administrative citation fines upheld by the hearing officer. "Lewd conduct" means any of the following: (1) Display or touching of one's own genitals in a place open to public view with the intent or purpose of inducing sexual arousal or gratification in one's self or another; (2) Engaging in contact with the genitals of another person in a place open to public view with the intent or purpose of inducing sexual arousal or gratification in one's self or another; (3) The non-consensual touching of another person with the intent or purpose of inducing sexual arousal or gratification in one's self or another; (4) Physical contact between anyone over eighteen years of age with someone under eighteen years of age with the intent or purpose of inducing sexual arousal or gratification in one's self or another; or (5) Display by someone over eighteen years of age of his or her genitals to someone under eighteen years of age with the intent or purpose of inducing sexual arousal or gratification in one's self or another. "Loitering" means to delay or linger without a lawful purpose for being on the property and for the purpose or intent of committing a crime as opportunity may be discovered. "Owner" means any person(s) shown as the property owner on the latest equalized property tax assessment rolls. "Person" means a natural person or a legally recognized entity, including a corporation, partnership or public entity. "Responsible person" means all of the following: (1) A person who, by action or inaction (whether acting alone or with one or more other persons), causes, maintains, permits, or allows a violation of this chapter; (2) A person whose agent, employee, or independent contractor, by action or inaction, causes, maintains, permits or allows a violation of this chapter; (3) An owner of real property on which a violation of this chapter occurs; (4) A lessee or sub -lessee with the current right of possession of real property on which a violation of this chapter occurs; Page 3 of 5 (5) A person that uses real property on which a violation of this chapter occurs; (6) An on -site manager who regularly works on real property on which a violation of this chapter occurs and who is responsible for the business or other activities on that real property; (7) The owners, majority stockholders, corporate officers, trustees, general partners and any other person with the legal authority to act for a legal entity that is a responsible person under subsections (1) through (6) above; (8) If any of the above persons are minors or incompetent, the parents or guardians of such persons shall be deemed responsible persons. "Unreasonably loud noise" means a noise that a reasonable person would find to be so loud as to cause significant impairment to their normal life activities, or significant mental or physical injury. SECTION 2. Section 6.10.030 of the Campbell Municipal Code is hereby amended to read as follows: Whenever the enforcement officer finds that a nuisance, as defined by Section 6.10.020 exists on any premises located within the city, the code enforcement officer may advise the property owner, or other responsible person of the nuisance and direct that person to abate the nuisance. The notice shall be in writing. The notification shall detail the violations and establish a reasonable abatement period. The notice shall be served either personally on the property owner or other responsible party, or sent by First Class United States mail, or other comparable or superior method of delivery. If there is no known address for the owner or other responsible party, the notice shall be sent in care of the property address. The failure of any person to receive such notice shall not affect the validity of the proceedings. The city may enter into a Compliance Agreement with the property owner to identify a schedule to accomplish the required abatement_ SECTION 3. Paragraph (3) of subsection (c) of Section 6.10.180 of the Campbell Municipal Code is hereby amended to read as follows: Due Date. All fines and fees for enforcement costs shall be due and paid to the city within thirty days from the date of the administrative citation. The enforcement officer may suspend the imposition of fines through the terms of a Compliance Agreement or for any period of time during which the responsible person has filed for necessary permits, and such permits are required to achieve compliance, and the responsible person is actively pursuing permit approval and full compliance. Page 4 of 5 SECTION 4. The City Council further finds that the proposed ordinance would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and would be internally consistent with other applicable provisions of the Campbell Municipal Code. SECTION 5. The City Council further finds that the adoption of the proposed ordinance qualifies as Exempt from the California Environmental Quality Act (CEQA) under Section 15061.b.3 which states that a project is exempt if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. SECTION 6. This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in a newspaper of general circulation for the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 21st day of June, 2022 by the following roll call vote: AYES: Councilmembers: Gibbons, Landry, Lopez, Bybee, Resnikoff NOES: Councilmembers: None ABSENT: Councilmembers: None r.111112r:I:01N Dusty Christopherson, City Clerk APPROVED: Paul Resnikoff, May'r Page 5 of 5