CC Ordinance 2100
Ordinance No. 2100
BEING AN ORDINANCE OF THE CITY OF CAMPBELL AMENDING CHAPTER 6.10
OF THE CAMPBELL MUNICIPAL CODE TO EXPAND THE MATTERS DECLARED
TO BE A NUISANCE AND TO ADD ADMINISTRATIVE PENALTIES; AND
AMENDING CAMPBELL MUNICIPAL CODE SECTION1.04.020 REGARDING THE
DEFINITION OF "CONVICTION"
WHEREAS, Chapter 6.10 sets forth conduct and property characteristics determined to
constitute a public nuisance;
WHEREAS, additional types of conduct and property characteristics have been brought
to the City's attention that also should be classified as a public nuisance;
WHEREAS, the addition of administrative penalties would assist the City in enforcing
the provisions of Chapter 6.10;
THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES ORDAIN AS FOLLOWS:
SECTION 1: The title of Chapter 6.10 is hereby amended to read: NUISANCE
ABATEMENT AND ADMINISTRATIVE PENALTIES
SECTION 2: Chapter 6.10 of the Campbell Municipal Code is amended to read as
follows: NUISANCE ABATEMENT AND ADMINISTRATIVE PENALTIES
6.10.010 Purpose and intent.
The purpose and intent of these regulations is as follows:
(a) To define as public nuisances and violations of this code those conditions
which are considered harmful and/or deleterious to the public health, safety, and
welfare of the citizens of Campbell;
(b) To develop regulations that will promote the sound maintenance of property
and the enhancement of livability, community appearance, and the social,
economic, and environmental conditions of the city;
(c) To establish guidelines for the correction of property maintenance violations
and nuisances that afford due process and procedural guarantees to affected
property owners.
6.10.015 Definitions.
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;
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"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;
"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:
A. 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 re-inspections, compliance re-inspections,
abatement actions, police services, administration, bookkeeping and accounting,
legal services, supervision, preparing for and attending hearings, and (b)
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;
B. Collection costs: costs incurred in securing payment of any delinquent
amount owed to the City;
C. 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, 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.
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"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 (3) 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 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 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 (18) years of age with
someone under eighteen (18) 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 (18) years of age of his or her genitals to
someone under eighteen (18) years of age with the intent or purpose of
inducing sexual arousal or gratification in one's self or another;
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"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;
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.
6.10.020 Property maintenance regulations.
A. It is declared a public nuisance for any premises in the City to be maintained in
such manner so as to be injurious to the health, or to be indecent or offensive to
the senses, or an obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property. Such public nuisances shall include, but
are not limited to:
(1) Overgrown, dead, decayed or diseased trees, weeds and other vegetation that:
(a) Is likely to harbor rats, vermin, and other similar nuisances;
(b) Constitutes a fire hazard or a condition dangerous to the public health, safety
and general welfare; or
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(c) Constitutes an unsightly appearance or otherwise detracts from the aesthetic or
property values of the neighboring properties; or
(2) The presence or accumulation on a premises of any of the following for a
period exceeding two weeks, except when the premises have been approved for
such storage use under the laws and regulations of the city;
(a) Debris, rubbish, scrap materials, and trash;
(b) Broken or discarded household furnishings, appliances, boxes and cartons,
and similar materials;
(c) An area exceeding one hundred square feet containing lumber and building
materials not being used for construction on the premises;
(d) Vehicle parts and tires; or
(e) Construction equipment and machinery except when in use for construction on
the premises; or
(3) Objects including but not limited to unprotected and/or hazardous pools, ponds,
ice boxes, refrigerators, or excavations that tend to attract children or other curious
individuals, and which present a threat to the health, safety or welfare of such
individuals; or
(4) Structures or buildings, both permanent and temporary, or other lot
improvements, which are subject to any of the following conditions:
(a) Are structurally unsafe, either entirely or in part;
(b) Constitute a fire hazard;
(c) A building or structure which is not completed within a reasonable time or for
which the permit for such construction has expired;
(d) Unoccupied buildings which have been left unlocked or otherwise open or
unsecured from intrusion by persons, animals or the elements;
(e) A building that has been so damaged by fire, wind, earthquake or flood, or has
become so dilapidated that it is structurally unsafe or otherwise unfit for human
habitation;
(f) Have faulty weather protection including, but not limited to, crumbling, cracked,
missing, broken, or loose exterior plaster or other siding, roofs, foundations or
floors (including lack of paint or other protective finish), missing windows or doors;
(g) Fences and walls which are in a hazardous condition; or
(h) Broken windows constituting hazardous conditions and inviting trespassers and
malicious mischief; or
(5) Maintenance of premises so out of harmony or conformity with the
maintenance standards of adjacent properties as to cause substantial diminution of
the enjoyment, use, or property values of such adjacent properties, as determined
by an enforcement officer; or
(6) Real property that has been the situs for nuisance activity including, but not
limited to:
(a) Disturbing the peace;
(b) Illegal drug activity;
(c) Public drunkenness;
(d) Drinking alcoholic beverages in public;
(e) Harassment of passersby;
(f) Illegal gambling;
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(g) Prostitution;
(h) The sale of stolen goods;
(i) Acts of violence;
m Public urination or defecation;
(k) Acts of vandalism;
(I) Acts of lewd conduct;
(m) Unreasonably loud noise;
(n) Loitering;
(0) Excessive littering;
(p) A violation of the provisions of Campbell Municipal Code sections 5.12.030,
5.12.150,5.12.180,5.16.010,6.04.020, 6.04.030, 6,04,050, 6.04.080, 6.11.030,
or 20.16.010;
(q) A violation of any of the provisions of Campbell Municipal Code Chapters
5.24,5.28,5.29,5.30,5.36,5.48, 11.04, 11.08, 11.12, 11.16, 11.32, or13.04;
(r) A violation of any of the provisions of Campbell Municipal Code Titles 14,
17,or18;
(s) A violation of any of the provisions of Campbell Municipal Code Title 21, or
any use of real property for a purpose or in a manner other than approved under
the provisions of Title 21; or
(7) Placing any encroachment upon or obstruction in or to any sidewalks, street,
alley, lane, court, park, or other public place without the approval of the City;
8) Obstructing the free passage or use, in the customary manner, of any
sidewalk, public park, square, street, or highway; or
(9) The maintenance or use of property in the City in a manner that violates, or
real property that has been the situs of a violation of, any provision of any State
or federal law or regulation.
B. Nothing contained in this Chapter shall prohibit persons from participating in
any activity which the City is precluded from proscribing under the United States
Constitution or the California Constitution.
6.10.030 Declaration of nuisance.
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.
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6.10.040 Voluntary abatement of nuisances.
The owner or other responsible person having control of any building, structure or
property found to be a nuisance under the provisions of this Chapter shall abate the
nuisance at any time within the abatement period established pursuant to section
6.10.030 by cessation, rehabilitation, repair, removal, demolition or other appropriately
prescribed methods. The City shall be advised of the abatement and may inspect the
premises to insure that the nuisance has in fact been abated.
6.10.050 Failure to voluntarily abate a declared nuisance.
If a nuisance is not properly abated within the period established under the provisions of
Section 6.10.030, the enforcement officer may schedule a hearing before a designated
hearing officer to determine if the declared nuisance should be abated under the police
powers of the City. This hearing may be combined with any other hearing scheduled
before the hearing officer that concerns the same alleged nuisance.
6.10.060 Notice of hearing.
A written notice of the hearing held pursuant to 610.050, substantially in the form
contained in Section 6.10.070, shall be sent by First Class United States mail, or other
comparable or superior method of delivery to the property owner at least ten (10) days
prior to the date set for the hearing. If there is no known address for the owner, the
notice shall be sent in care of the property address for the property on which the
nuisance is alleged to exist. The failure of any person to receive such notice shall not
affect the validity of the proceedings.
6.10.070 Form of notice of public hearing.
Notice substantially in the following form shall be given as provided in Section 6.10.060:
NOTICE OF PUBLIC HEARING TO
DETERMINE EXISTENCE OF PUBLIC
NUISANCE AND TO ABATE IN WHOLE OR PART
Notice is hereby given that on the day of _,20_, a hearing officer
designated by the City of Campbell will hold a public hearing to ascertain whether
certain premises situated in the City of Campbell, State of California, known and
designated as constitute a public nuisance subject to
abatement by the cessation of the activities constituting the nuisance, rehabilitation
of such premises or by the repair or demolition or removal of buildings, structures
or other matter situated thereon, or other appropriately prescribed methods. If said
premises, in whole or part, are found to constitute a public nuisance as defined by
Section 6.10.020 of the Campbell Municipal Code and if the same are not promptly
abated by the owner or other responsible party, such nuisances may be abated by
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municipal authorities, in which case the cost of such abatement will be assessed
upon such premises and such cost will constitute a lien upon such land until paid.
Said alleged violations consist of the following:
Said methods of abatement available are:
All persons having any objection to, or interest in, said matters are hereby notified
to attend a hearing to be held on the above-referenced date, at the hour of -'
or shortly thereafter, when their testimony and evidence will be heard and given
due consideration.
DATED: SIGNED:
City Official
6.10.080 Hearing by hearing officer.
At the time and place stated in the notice of hearing, a hearing officer designated
pursuant to section 6.10.210 shall hear and consider all relevant evidence, objections or
protests, and shall receive testimony from owners, witnesses, city personnel and
interested persons relevant to such alleged public nuisance and to proposed abatement
measures. The hearing may be continued from time to time, and may be combined with
any other hearing pending before the hearing officer concerning the same alleged
nuisance.
6.10.090 Decision of the hearing officer.
Following the hearing, the hearing officer shall consider all evidence and determine
whether the premises, or any part of the premises, constitutes a public nuisance as
alleged. If the hearing officer finds that a public nuisance does exist and that there is
sufficient cause to abate the nuisance, the hearing officer shall make a written order
setting forth the findings and ordering the owner to abate the nuisance in the manner
and by the means specifically set forth in the order. The order shall set forth the times
within which the work shall be commenced and completed. The building official shall
record the order of the hearing officer with the county recorder's office against the
subject property parcel.
6.10.100 Service of abatement order.
Within five (5) days following the hearing officer's decision, the property owner and any
other responsible person known as having charge or control of the premises shall be
mailed a copy of the written order in the manner provided in Section 6.10.060.
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6.10.110 Abatement by property owner or responsible party.
The property owners or other responsible persons may at their own expense abate the
nuisance as prescribed by the order of the hearing officer prior to the expiration of the
abatement period set forth in the order. If the nuisance has been inspected by a
representative of the city and has been abated in accordance with the order, the
abatement proceedings shall be terminated.
6.10.120 Abatement by City.
A. If a declared nuisance is not completely abated by the owner or other
responsible persons within the time prescribed in the hearing officer's order, city
officials are authorized to cause the nuisance to be abated by city forces or private
contract.
B. The City shall keep an account of the costs, including enforcement costs and
incidental expenses, of abating such nuisance on each separate lot or parcel of
land where the work is done and shall render an itemized report in writing to the
designated hearing officer showing the cost of abatement and the abatement,
including any salvage value relating thereto; provided, that before the report is
submitted to the designated hearing officer, a copy of the same shall be served in
accordance with the provisions of Section 6.10.060, together with a notice of the
time when the report shall be heard by the hearing officer for confirmation.
C. The hearing officer shall set the matter for hearing to determine the correctness
and reasonableness of such costs.
D. Proof of said service shall be made by declaration under penalty of perjury filed
with the city clerk.
E. The term "incidental expenses" shall include, but not be limited to, the actual
expense and costs of the city in the preparation of notices, specifications and
contracts, and in inspecting the work, and the costs of printing and mailing required
under this Chapter.
F. At the time and place fixed for receiving and considering the report, the hearing
officer shall hear and pass upon the report of such costs of abatement, together
with any objections or protests. Thereupon, the hearing officer shall make such
revision, correction or modification in the report as the hearing officer deems just
and necessary to accurately reflect the costs incurred by the City, and confirm the
report, as submitted or as revised, corrected or modified. The decision of the
hearing officer on all protests and objections which may be made shall be final and
conclusive.
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6.10.130 Violation.
(a) Any responsible person who creates, maintains, or contributes to any public
nuisance defined in this chapter shall be guilty of a violation of this chapter.
(b) The owner or other responsible person having charge or control of any building
or premises on which there is any public nuisance defined in this chapter shall be
guilty of a violation of this chapter.
(c) The owner or other responsible person who fails to comply with any order to
abate served as provided in Section 6.10.120 is guilty of a misdemeanor.
(d) Any occupant or lessee in possession of any building or structure who fails to
vacate a building or structure in accordance with an order given as provided in this
chapter is guilty of a misdemeanor.
(e) Any person who obstructs, impedes or interferes with any representative of the
City or with any person who owns or holds any estate or interest in a building or
real property which has been ordered to be abated, or with any person to whom
any such building or real property has been lawfully sold when any of the
aforementioned individuals are lawfully engaged in a proceeding involving the
abatement of a nuisance is guilty of a misdemeanor.
6.10.140 Alternatives.
This chapter is intended to be an alternative to existing provisions of the Campbell
Municipal Code, California Civil Code or California Penal Code, and is not intended to
supersede any such provisions. Nothing contained herein shall be deemed to prevent
commencement of a civil or criminal proceeding to abate a public nuisance under any
other applicable law. The exercise of one alternative shall not preclude the exercise of
some or all of the other alternatives.
6.10.150 Procedure in case of emergency.
When the conditions which constitute the nuisance pose an immediate threat to the
public peace, health, or safety, the city manager may order the nuisance abated
immediately or cause the city to abate the nuisance, without adhering to the procedures
set forth in sections 6.10.030 through 6.10.120, upon adoption of a written declaration of
nuisance declaring the facts that constitute the emergency and setting forth the
information required by section 6.10.030. A copy of the declaration shall be personally
delivered to the owner of the property on which the nuisance exists, and any other
responsible party made subject to the order, at the earliest practicable time. The failure
of any person to receive a copy of the declaration shall not affect the validity of the
proceedings.
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6.10.160 Right of inspection.
(a) Right to Inspect. An enforcement officer or other authorized agent of the
community development, fire, police, building and/or public works departments
shall have the right to enter upon any property within the city limits of the City of
Campbell to inspect such property for compliance with this chapter provided that
such agent gives the owner and residents of such property at least seventy-two
hours advance notice of the inspection in the following manner:
(1) A notice shall be conspicuously posted on the property to be inspected,
specifying the date, time and reason for the proposed inspection and setting forth a
telephone number with directions for the residents or property owners to call for
further information; and
(2) If the identity and address of the owner is known, such owner shall be notified
of the proposed inspection by first-class mail, setting forth the time, date, location
and reason for the proposed inspection.
(b) Emergency. In the event of an emergency, where the condition of the property
poses an immediate threat to the public health or safety, agents of the community
development, fire, police, building and/or public works departments may enter the
property without the notice specified in subsection (a).
(c) Inspections conducted under this section shall be performed reasonably and in
accordance with law, including the Fourth Amendment of the United States
Constitution and the related protections of the California Constitution.
6.10.170 Criminal Penalties.
(a) It is unlawful for any person, firm, corporation or other entity to violate any
provision, or fail to comply with any mandatory requirement of this chapter. Except
as otherwise provided in subsection (b) of this section, any person, firm,
corporation or other entity violating any provision, or failing to comply with any
mandatory requirement of this chapter is guilty of an infraction, and upon
conviction shall be published by a fine of not more than one hundred dollars.
(b) Notwithstanding any provision to the contrary, any person, firm or corporation
committing any act made unlawful pursuant to this chapter shall be guilty of a
misdemeanor, and upon conviction shall be punished by a fine of not more than
one thousand dollars and/or imprisonment of not more than six months, if any of
the following circumstances exists:
(1) The violation was committed willfully or with knowledge of its illegality;
(2) The violator does not cease, or otherwise abate the violation after receiving
notice of such violation within the time specified in the notice;
(3) The violator has previously been convicted of violating the same provision of
this chapter within two years of the currently charged violation; or
(4) The provision violated specifies that such violation shall be a misdemeanor.
(c) Each person, firm, corporation or other entity violating any provision, or failing
to comply with the mandatory requirements of this chapter shall be deemed guilty
of a separate offense for each and every day during any portion of which any
violation of any provision of this chapter is committed, continued, or permitted by
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such person, firm, corporation or other entity, and shall be punishable as provided
in this section.
6.10.180 Administrative Penalties and Procedures
A. Applicability.
The City has determined that the enforcement of this code is vital to the protection
of the public's health, safety, and welfare. The City has determined that there is a
need for alternative methods of code
enforcement and that a comprehensive code enforcement system includes
criminal, civil, and administrative remedies. This section provides for the
enforcement of violations of this chapter by administrative citations, which are in
addition to all other legal remedies, criminal or civil, which the city may pursue to
address code violations. Use of this section is at the sole discretion of the City.
This section is authorized under Government Code sections 53069.4 and 36901.
B. Administrative citations.
1. Authority. Whenever an enforcement officer determines a violation of this
chapter has occurred or exists, the enforcement officer has the authority to issue
an administrative citation to any responsible person.
2. If the violation of this chapter pertains to building, plumbing, electrical,
mechanical, or other similar structural or zoning issues that do not create an
immediate danger to health or safety, the enforcement officer shall provide for a
reasonable period of time for the responsible person to correct or remedy the
violation before imposing administrative fines or penalties.
3. Contents of citation. An administrative citation issued under this section
shall contain the following information:
a. The section of the code violated;
b. A description of the condition creating or constituting the violation.
c. The date and location of the violation;
d. The name of the responsible person to whom the administrative citation is
issued;
e. The name and signature of the enforcement officer issuing the
administrative citation;
f. The date the administrative citation was issued;
g. The amount of all applicable fines and enforcement costs;
h. A description of the process and timing for payment of fines and
enforcement costs;
i. A description of the administrative citation review process, including the time
within which the administrative citation may be contested, the place from which to
obtain a request for hearing form to contest the administrative citation, and the
hearing officer's discretion to impose additional remedies to the city pursuant to
subsection F.1.c.
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4. Dismissal of an administrative citation. At any time before the hearing to
contest an administrative citation, if the enforcement officer determines that there
was no violation as charged in the administrative citation or that the citation
should be dismissed in the interest of justice, the enforcement officer shall
dismiss the administrative citation and cancel the hearing. To the extent the
enforcement officer determines that a person is not responsible for some or all of
a previously paid administrative fine or fee,
the enforcement officer shall refund the appropriate amount. The enforcement
officer shall notify the person to whom the citation was issued in writing, and
make a written notation in the file explaining why
the citation was dismissed and why any fine or fee was refunded.
C. Payment of fines and enforcement costs.
1. Amount of fine. Unless otherwise specified in this code or authorized by
state law, or unless established by resolution of the city council, the amount of
the fine imposed for each violation of this chapter shall be established as follows:
a. $100 for a first violation that would constitute an infraction pursuant to
section 6.10.170;
b. $200 for a second violation within 12 months of the same provision of this
chapter that would constitute an infraction pursuant to section 6.10.170;
c. $500 for each day of each additional violation of the same code section
within 12 months that would constitute an infraction pursuant to section 6.10.170;
d. $1,000 per day for each day of each violation of a provision of this code that
would constitute misdemeanor under the provisions of this chapter.
2. Amount of enforcement costs. In addition to the amount of any fine imposed
pursuant to this section, a fee to cover enforcement costs may be imposed
pursuant to section 6.10.190.
3. Due date. All fines and fees for enforcement costs shall be due and paid to
the City within 30 days from the date of the administrative citation. The
enforcement officer may suspend the imposition of fines 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.
4. Further violations not excused. Payment of a fine under this section does
not excuse or discharge any continuation or repeated occurrence of the violation.
D. Hearing request.
1. A person to whom an administrative citation is issued may request an
administrative hearing within ten (10) days of the issuance of the
administrative citation. Failure to timely request an administrative
hearing in the manner required by this chapter constitutes a waiver of
the hearing and a failure to exhaust administrative remedies.
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2. A request for an administrative hearing shall be made in writing and filed
with the City, and shall state all grounds which the appellant wishes the
City to consider. The request shall be accompanied by a deposit of the
fines and enforcement costs identified in the administrative citation.
Provided, however, a deposit is not required to be paid prior to the
hearing if either: (1) the enforcement officer does not identify the
requirement to pay the deposit as a part of the administrative citation or
compliance order, or (2) the appellant establishes, to the satisfaction of
the enforcement officer, that he or she is unable to pay the amount of
the deposit.
3. If the enforcement officer determines that the code violation is of an
ongoing or recurring nature, the enforcement officer may cause a
written notice of administrative hearing to be served on any responsible
person. The enforcement officer's notice under this subsection may
order the responsible person to appear at the hearing and show cause
why the violations and conditions should not be immediately abated by
the responsible person at the responsible person's expense.
E. Hearing procedure.
1. The hearing officer for an administrative hearing shall be designated
pursuant to section 6.10.210.
2. The code enforcement officer shall serve written notice of the date,
time, and location of the hearing on the cited responsible person
pursuant to subsection G. The hearing date shall be set on the first
available date for the designated hearing officer not less than fifteen
(15) days after the date that the request for hearing is filed, and not
less than ten (10) days after the date of the notice of hearing.
3. The hearing officer may continue a hearing from time to time, and may
request additional information from the enforcement officer or the cited
responsible person before issuing a decision.
4. Reports prepared by the enforcement officer concerning a code
violation shall be accepted by the hearing officer as prima facie
evidence of the facts stated in such documents. If the enforcement
officer submits any such documents to the hearing officer, then a copy
of the documents shall be served on the cited responsible person at
least five (5) days before the hearing.
5. The enforcement officer and other representatives of the City may, but
need not, appear and present evidence at the hearing.
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6. The failure of the cited responsible person to appear at the hearing
shall constitute a failure to exhaust his or her administrative remedies.
7. At the hearing, the cited responsible person shall be given the
opportunity to testify and to present evidence concerning the citation,
including any evidence to show cause why the violation should not be
abated at the cost of the cited responsible person. The hearing need
not be conducted in accordance with the technical rules of evidence.
Any relevant evidence may be admitted if it is evidence on which
reasonable persons are accustomed to rely in the conduct of serious
affairs, regardless of the existence of any common law or statutory rule
which might consider such admission improper in a civil action. The
hearing officer may exclude irrelevant or unduly repetitious evidence.
F. Hearing Officer's decision.
1. After considering the testimony and evidence presented at the hearing,
the hearing officer shall issue a written decision, based on the
preponderance of evidence, to uphold, dismiss, or modify the
administrative citation in whole or in part, including the findings on
which the decision was made. The hearing officer shall send a copy of
the decision to the cited responsible person and to the enforcement
officer.
a. The hearing officer's decision shall identify the
responsible person's obligation to correct any existing or ongoing code
violations. The decision shall identify a reasonable period of time for
the responsible person to correct the violation, based on the means
required to abate the violation, the potential threat to public health or
safety, and the duration (or repetitive nature) of the violation.
b. The hearing officer's decision shall identify the responsible
person's obligation to pay all amounts owed for fines and enforcement
costs (including any amounts owed through the date that all violations
are corrected). In determining the amounts owed, the hearing officer
has the discretion to increase or reduce the amount of the fine imposed
by the enforcement officer based on any or all of the following factors:
(1) the duration of the violation; (2) the frequency, recurrence and
number of violations, related or unrelated, by the same violator; (3) the
seriousness of the violation; (4) the good faith efforts of the violator to
come into compliance; (5) the economic impact of the fine on the
violator; (6) the impact of the violation on the community; and (7) such
other factors as justice requires.
c. If the hearing officer determines that the seriousness or
duration of the violation warrants additional remedies, the hearing
officer may order, in addition to other remedies, any or all of the
following:
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(1) The responsible person shall deposit funds with the city to
offset the city's cost to conduct ongoing compliance monitoring for a
specified period of time;
(2) If the remedy of nuisance abatement is requested by the
City pursuant to section 6.10.050 , and the responsible person fails to
correct the violation within the time specified by the hearing officer, the
City shall be authorized to enter onto the property to abate the violation
without further notice; and the responsible person shall pay all actual
expenses incurred by the City to abate the violation pursuant to section
6.10.120, and the responsible person may be required to deposit with
the City an estimated amount needed to abate the violation;
(3) The responsible person shall attend a mandatory training
program with the goal of minimizing the likelihood of repeat violations;
(4) The person shall report back to the hearing officer by a
specified date regarding the status of compliance.
2. The hearing officer's decision is final, and may not be appealed. The
decision shall include information regarding the responsible person's
right to seek judicial review of the hearing officer's decision pursuant to
subsection 6.10.220.8.
3. To the extent the hearing officer's decision identifies the responsible
person's entitlement to a refund, the City shall make payment to the
responsible person within thirty (30) days of the notice of decision.
G. Notices.
Notices provided pursuant to this section shall comply with the following
requirements:
1. Unless otherwise specified in this code, any compliance order,
administrative citation, or any notices required to be given pursuant to
this section, shall be served either: (1) by personal delivery to the
person to be notified, or (2) by deposit in the United States mail in a
sealed envelope, postage prepaid, addressed to the person to be
notified at the person's last known business or residence address (as
determined by the enforcement officer), or (3) if the enforcement officer
reasonably determines that posting the notice would be more effective,
by conspicuously posting a copy for a period of ten (10) days at the real
property that is the subject of the violation, and publication in a
newspaper of general circulation pursuant to California Government
Code section 6062;
2. When real property is involved in the violation, notices by United States
mail may be served on the responsible party at the address as shown
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on the last equalized county assessment roll or the supplemental roll,
whichever is more current. The enforcement officer may, in his or her
discretion, also serve notice on a tenant, a mortgagor or any other
person having an interest in the real property;
3. The person effecting service of any notice under this section may
memorialize the service by written declaration under penalty of perjury,
declaring the date, time, and manner that service was made, and the
date and place of posting, if applicable. The declaration, along with
any receipt card returned in acknowledgment of receipt by certified
mail, shall be affixed to a copy of the notice of violation and retained by
the enforcement officer;
4. The notices required by this section may be combined with any notices
required by sections 6.10.060,6.10.070, 6.10.100 or 6.10.120.
5. The failure of a person to receive a required notice shall not affect the
validity of any proceedings taken under this chapter.
6.10.190 Recovery of enforcement cost.
A. The City shall be entitled to recover all of its enforcement costs when it
prevails in any action or proceeding commenced to pursuant to this Chapter,
including recovery of reasonable attorney's fees. Notwithstanding the
foregoing, in order to recover such attorney's fees, the City must have
elected at the initiation of the individual action or proceeding to seek
recovery of its attorneys' fees.
B. A responsible person is entitled to recover reasonable attorney's fees and
costs only if a hearing officer determines all of the following: (1) There is a
statutory basis for the award of attorney's fees and costs to the responsible
person (such as, California Government Code section 38773.5); (2) the
responsible party is the prevailing party, and (3) the City elected at the
initiation of the hearing to seek recovery of the City's attorney's fees. If the
hearing officer awards attorney's fees to the responsible person under this
subsection, the amount of the attorney's fees award shall not exceed the
amount of reasonable attorney's fees incurred by the City in the action.
6.10.200 Assessment of costs against property--Lien.
A. If a responsible person is an owner of real property and does not pay any part of
the fines, enforcement costs, or other expenses of abating the nuisance within ten
(10) days after the service of notice of these costs, the costs shall become a
special assessment against the respective lot or parcel of land to which it relates,
and upon recordation in the office of the county recorder of a notice of lien shall
constitute a lien on said property for the amount of such assessment.
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B. After recordation, a copy may be turned over to the tax collector for the City,
whereupon it shall be the duty of the tax collector to add the amounts of the
respective assessments to the next regular tax bills levied against the respective
lots and parcels of land for municipal purposes, and thereafter the amounts shall
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
under foreclosure and sale in case of delinquency as provided for ordinary
municipal taxes; or
C. After such recordation, such lien may be foreclosed by judicial or other sale in
the manner and means provided by law.
D. Such notice of lien for recordation shall be in form substantially as follows:
NOTICE OF LIEN
CLAIM OF CITY OF CAMPBELL, CALIFORNIA
Pursuant to the authority vested by the provisions of Section 6.10.120 of the
Campbell Municipal Code, the of of the
City of Campbell did on or about the day of ,20_, cause the
public nuisance on the premises hereinafter described to be abated on said real
property; and the City Council of the City of Campbell did on the day of
,20_, assess the cost of such abatement upon the real property
hereinafter described; and the same has not been paid nor any part thereof; and
that said City of Campbell does hereby claim a lien on such abatement in the
amount of said assessment, to wit: the sum of $ ; and the same
shall be a lien upon said real property until the same has been paid in full and
discharged of record.
The real property hereinbefore mentioned, and upon which a lien is claimed, is that
certain parcel of land lying and being in the City of Campbell, County of Santa
Clara, State of California, and particularly described as follows:
(Description)
DATED: SIGNED:
City Manager
City of Campbell
(Acknowledgment)
6.10.210 Designation of Hearing Officer.
A. When a hearing officer is authorized by this code to hear and decide any
matter, the city manager shall designate the hearing officer for the administrative
hearing. 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 officers assembled by
the city manager, or (3) a person hired from an organization which provides
hearing officers.
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B. 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.
6.10.220 Judicial Review.
A. General time limits. Any person seeking judicial review of any final decision of
the City by writ of mandate under California Code of Civil Procedures section
1094.5 (generally relating to a legal challenge of any quasi-adjudicative city
decision) is hereby notified that the timing requirements of California Code of
Civil Procedure section 1094.6 shall apply to the filing of any such writ, unless a
shorter timing requirement is imposed by federal law. Generally, a petition for
writ of mandate must be filed within 90 days following the date on which the
decision becomes final.
B. Administrative fine. Notwithstanding subsection 6.10.220.A, any person
seeking judicial review of a hearing officer's final decision as to any
administrative fine or penalty shall file an appeal with the Santa Clara County
Superior Court within 20 days after service of the final decision, in accordance
with California Government Code section 53069.4. If no notice of appeal is filed
in accordance with the requirements of California Government Code section
53069.4, the final decision of the hearing officer shall be deemed confirmed.
SECTION 3: Campbell Municipal Code section 1.04.020 is hereby amended to read:
1.04.020 Prior offenses.
The term "conviction" as used in this title shall include:
1. Entry of judgment in a criminal proceeding before court of competent
jurisdiction upon a plea of guilty or nolo contendre, as well as entry of
judgment after trial;
2. Entry of judgment against the defendant in a civil proceeding before a court of
competent jurisdiction;
3. An abatement order issued pursuant to Campbell Municipal Code section
6.10.090; and
4. Assessment of administrative fines or enforcement costs pursuant to
Campbell Municipal Code section 6.10.180 or 6.10.190.
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PASSED AND ADOPTED this 5th day of February
call vote:
, 2008 by the following roll
AYES: Councilmembers: Furtado, Kennedy, Low, Hernandez, Burr
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
APPROV~~ r-r~~~ g
Donald R. Burr, Mayor
ATTEST: ~
Anne Bybee, City Clerk
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