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
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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;
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(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.
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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
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