HomeMy WebLinkAboutPlanning Comm Rpts./1997/11/05
MINUTES OF A SPECIAL MEETING
OF THE CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
7:04 p.m.
Wednesday, November 5, 1997
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
ROLL CALL:
Present: Chair Davis, Vice Chair Willett, Commissioners: Tarantino, Thomas, O'Neill
Absent: Commissioners Aguilar, Ray
Staff Present: Ken Lee, Acting Planning Director
Patty Nevins, Acting Associate Planner
Jeff Steichen, Assistant Planner
Brad Remp, Assistant Director of Building and Housing
Ann Moore, Assistant City Attorney
MOTION TO EXCUSE
MSC (Willett/O'Neill) 5-0-0-2 to excuse Commissioner Ray and Aguilar. Motion carried.
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS:
Read into the record by Chair Davis.
APPROVAL OF MINUTES:
August 13, 1997
MSC (Willett/Thomas) 5-0-2 (Ray, Aguilar; excused) to approve the minutes of August 13,
1997 as submitted.
ORAL COMMUNICATIONS: None
1. PUBLIC HEARING: PCA-98-04; Consideration of an amendment to Section 19.34.030 of
the Municipal Code to allow drive-through fast-food restaurants in the
CoN Neighborhood Commercial Zone, subject to approval of a
conditional use permit - Kelton Title Corporation.
Background: Patty Nevins, reported that PCA-98-04 is an amendment to the zoning code to
allow drive-through fast-food restaurants in the CoN Zone subject to the approval of the
Conditional Use Permit. The purpose of the CoN Zone is to provide convenience, goods and
services within residential neighborhoods in a manner which is complementary to, and
compatible with the surrounding residential neighborhood.
Planning Commission Minutes
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November 5, 1997
Ms. Nevins further stated that although the zoning code does not specifically define drive-
through restaurants, it does address drive-in restaurants, which are prohibited in the C-N Zone.
Due to the similar automotive-oriented nature of the two, staff has consistently interpreted the
prohibition on drive-in restaurants to apply to drive-through restaurants as well.
After receiving the application, staff analyzed the nine C-N zone commercial centers located
within the City. Staff's findings were that a number of these C-N zones appeared to be in
transition due to external contributing factors, which seem to have changed the character of
some of these zones, such as; large and intense uses nearby, major streets, circulation patterns
and increased traffic. The result has been that not only are these zones serving the surrounding
neighborhood, but are now also serving residents from other neighborhoods with the City.
Ms. Nevins indicated that the use of the Conditional Use Permit process provides for more in-
depth review, allows public input, and protection of neighborhood quality, when necessary,
insures that proposals are evaluated on a case-by-case basis, allows the imposition of conditions
and does not guarantee approval should a project prove to be inappropriate.
Presently, drive-through car washes and service stations are conditionally permitted uses and
staff finds that the allowance of drive-through restaurants would be consistent with those two
uses that are already provided for in the C-N zone.
Staff Recommendation: That the Planning Commission adopt Resolution PCA-98-04,
recommending that the City Council approve the amendment to allow the consideration of
drive-through restaurants in the C-N zone through the conditional use permit process.
Commission Discussion:
. Commissioner Thomas expressed concern with the Conditional Use Permit process in
that a business may be in non-compliance, however, unless a complaint is filed, there
is no system in place to follows-through with enforcement in bringing it into
compliance, therefore, the CUP roles over year after year.
Ken Lee, Acting Planning Director, stated that one of the first steps in going through
the Conditional Use Permit process is to determine whether or not the use is
compatible with the adjacent uses, and if not, address the conditions that would make
it compatible.
Mr. Lee further stated that ideally, the CUP's should systematically be reviewed on a
yearly or quarterly basis, with the conditions being reviewed and site visits being
conducted to check to see if they are in compliance. However, understaffing precludes
this from happening, therefore, the complaint process is what staff relies on.
Planning Commission Minutes
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November 5, 1997
Commissioner Thomas further stated that there are a number of CUP's that have a
number of conditions required in order to bring it into compliance, however, some of
these requirements would not necessarily generate a complaint; case in point, the swap
meet located on L Street which had a parking lot pavement program as part of the
conditions the City was requiring.
Director Lee stated that those types of requirements are imposed by the City and
followed-up by the City as well. Taking the stated example of the swap meet; the City
is presently corresponding with the applicant with regards to the base material that is
to be used for temporary paving of the parking lot. There is a dispute over the base
material being an oil-mix vs. water base, and we are waiting for the City Engineer to
render an opinion on a base material that would meet present standards and be
acceptable to the City Engineer.
. Commissioner Tarantino stated that through the public hearing notification process,
the residents are given an opportunity to address the Commission and voice their
concerns on a project during the Public Hearing. The applicant is then cognizant of
what the potential problems and/or concerns of the neighborhood are, and is therefore,
in most cases, willing to address those concerns prior to it developing into filing of a
formal complaint in the future.
. Commissioner Willett inquired if after a designated period of time has passed and there
have been no complaints, could the land use allowed under the CUP be considered
as an allowable use under the code. -
Assistant City Attorney Moore responded that CUP's run with the land and is tied to
that piece of property. The underlying use remains the same except for that CUP, and
does not change the characterization of the land.
Public Hearing Opened 7:15
No public input.
Public Hearing Closed
MSC (Willett/Thomas) 5-0-0-2 (Commissioners Aguilar and Ray absent) that the Planning
Commission adopt Resolution PCA-98-04, recommending that the City Council approve the
amendment to Section 19.34.030 of the Municipal Code to allow drive-through fast food
restaurants in the C-N zone through the conditional use permit process. Motion carried.
Planning Commission Minutes
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November 5,1997
2. PUBLIC HEARING: PCA-98-02; Consideration of amendment to Section 19.58.147 of the
Municipal Code to revise standards for large family day care - City
Initiated.
Background: Jeff Steichen, Assistant Planner reported that this is a proposal to amend Section
19.58.147 of the Municipal Code which outlines required standards for granting of a large
family day care permit. These standards are based upon the California Health and Safety Code
Section 1597.46, which gives local jurisdictions the ability to impose standards, restrictions and
requirements concerning spacing and concentration, traffic control, parking, and noise control
related to such homes.
Staff is proposing amending three standards; they are:
1 The distance separation requirement
2. The temporary parking requirement
3. The noticing radius distance
Currently, the distance requirement is 1200 feet from another such facility on the same street.
While reviewing an application, staff discovered that the applicant was within the 1200 foot,
same street requirement, however, because of the street layout in the neighborhood, there
could be three day cares within 300 feet and still be in compliance with current standards.
Staff is recommending an additional requirement of 300 ft. separation distance from another
such facility, which is not on the same street. It is staff's opinion that without this change, the
neighborhood could be negatively impacted in terms of noise, traffic and congestion.
Secondly, the temporary parking requirement is at least two vehicles for the safe loading and
unloading of children. In most cases, the driveway in front of a two-car garage would satisfy
this requirement. This standard does not prevent the owner from parking their own vehicles in
the driveway during the day care hours of operation. Therefore, staff recommends requiring
the owners to park their personal vehicles in their garage, and that the driveway area be free
and clear for vehicles to drop off/pick up children during the day care hours of operation.
Thirdly, current standards require noticing properties within 300 feet. Staff believes this can
be reduced to a 100 foot radius, consistent with State Law.
Public Hearing Opened 7:28
No public input
Public Hearing Closed.
Planning Commission Minutes
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November 5, 1997
Commission Discussion:
. Chair Davis stated that she had a concern with some of the older neighborhoods not
meeting the 19 foot length driveway requirement, and the older houses that do not
have double-wide driveways.
Assistant Planner Steichen noted that staff had checked the various neighborhoods cited
by Chair Davis and found them in compliance with the 19 foot requirement.
Ken Lee, Ading Planning Diredor stated that staff has considered the homes that have
extra long single wide driveways allowing tandem parking of two vehicles, however,
the concern is that the second vehicle would block the first. Most lots that have a
single driveway have the width to widen the driveway.
. Commissioner O'Neill expressed concern with shortening the notification radius. The
fad remains that a family day-care facility is a business, which potentially could impad
the neighborhood.
In addition, Commissioner O'Neill stated that because this is a business with potential
safety issues, he would support the double driveway requirement, and not the single,
tandem parking driveway.
Diredor Lee stated that even though we can go through the CUP process, which would
include noticing and a public hearing; if all of the standards are met, the State dictates
that the appl ication be approved.
In addition, staff surveyed other jurisdidions in the County and found that they are in
the process of streamlining the processing procedures by making them more
ministerial, including the reduction or elimination of public noticing.
MSC (O'Neillrrhomas) (Commissioners Aguilar and Ray absent) to approve PCA-98-02
amending staff's recommendation to reduce the noticing radius from 300 feet to 100 feet,
making it a 200 foot noticing radius.
Discussion on the Motion:
Commissioner Tarantino asked what the impact would be in terms of City staff time, raising
the radius by an additional 100 feet.
Director Lee stated the impad would be inconsequential. The objective was to set it at 100
to be consistent with the State.
Assistant City Attorney Moore stated that having different noticing requirements would not be
problematic from a legal standpoint, as much as from a pradical standpoint. Presently, the
Coastal Ad requires a 100 foot noticing. Normally, noticing requirements are either 100 or
300 feet; 200 feet would be somewhat different, and could create a pradical problem. It is the
Planning Commission Minutes
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November 5, 1997
Attorneys office recommendation that the noticing requirement be changed to 100 to be
consistent with State law.
Chair Davis stated that local government does have the right to be more restrictive in some
ways than State government. We have the right to have the 200 foot notice, if that is what we
decide to do, even though the State only requires the 100 feet.
MSC (O'NeillfThomas) 5-0-0-2 (Commissioners Aguilar and Ray absent) amending the motion
to approve PCA-98-02 with the amendment of maintaining the current noticing of properties
within 300 feet of a proposed large family day care. Motion carried.
3. PUBLIC HEARING: PCA-98-01 - Consideration of amendments to the Municipal Code to
allow the adoption and administration of an enhanced code
enforcement program including the use of administrative citations -
City Initiated.
Background: Brad Remp, Assistant Director of Building and Housing reported that this is a
follow-up item to the workshop that was held on October 1 sl. At that time, a number of items
were identified and staff has incorporated them into the revised packet that is before the
Commission tonight.
Mr. Remp further stated that a detailed handout, in the form of flow charts, has been provided,
outlining procedural steps. Included in the package is an example of a Notice of Violation
form, and an Administrative Citation. Staff recognizes that as the City moves closer toward full
implementation, it will necessitate substantially greater detail of the procedural steps. Staff's
intent in providing the handouts to the Commission is to demonstrate the various tools that will
be used by staff and the public, to acquaint them with the procedures that are being proposed.
During the workshop session concern was raised regarding: 1) the need to insure violators are
given appropriate notice and given the opportunity to appeal decisions made by code
enforcement staff; 2) Emphasis was made as to the need to develop specific procedures for staff
to follow; 3) the need to establish a Code Enforcement Manager position to supervise and
oversee the day-to-day operations of the Code Enforcement Division; and 4) That the funds that
may be recovered through code enforcement actions be available to further the code
enforcement activities.
Mr. Remp believes these immediate concerns have been addressed, and staff will continue to
incorporate any future concerns that are raised by the Commission and City Council.
In conclusion, Mr. Remp stated that this is a long-term program, which will require extensive
review and fine-tuning between now and full implementation. It will take a consensus of all
department heads to reach a level of confidence that both staff and public fully understand,
have been trained, and are aware of all due process requirements incorporated in these
procedures before we move forward with implementation.
Planning Commission Minutes
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November 5, 1997
Public Hearing Opened 7:44
Rod Davis, 233 Fourth Avenue, representing the Chamber of Commerce addressed some of
the concerns the Chamber of Commerce Executive Committee had upon discussion of this item
at their meeting earlier today.
He stated that philosophically speaking, the Committee was concerned with any program
where there is a perception that it is a self paying program. They were concerned with going
from virtually no enforcement, to an over-regulated program. In addition, with 50 many
violation throughout the City, who would make the decision which violations to target.
The Chamber is also concerned with having proper representation and input from the public
and that a "user-friendly" procedural manual be made available for public review.
Public Hearing Closed 7:50
Commission Discussion:
. Commissioner Tarantino inquired if there is a way to address some of the concerns
raised by Mr. Davis.
Mr. Remp responded that there will definitely be an opportunity to have public input,
and staff will take into account Mr. Davis' recommendations as to the make-up of the
public review panel. Prior to this occurring, staff will be requiring all of the
departments that will be involved in the program to establish a department procedures'
manual. In addition, staff will probably solicit input from various Boards and
Commissions. Staff will make every effort to, essentially, take two volumes of the
Municipal Code and condense it into a notebook-type, comprehensive document. Staff
is also cognizant that there will be revisions to the document after full implementation,
and it is staff's intent to re-evaluate it within a year or so after full implementation.
. Commissioner Thomas stated that the intent of the program, and perception that the
City should be striving for, is to implement a program that serves as a tool to assist those
businesses that are in non-compliance to work towards bringing them into compliance.
He also asked what is being done about having a condensed version, that is "user-
friendly", specifically by members of the public?
Mr. Remp stated that staff recognized the need to have a condensed notebook-type
version that includes the enforcement methods, which identifies in detail the step that
need to be followed in order to execute that particular method, in addition to what are
the typical types of violations that would be appropriate for that particular method.
. Commissioner O'Neill clarified that we are not changing the codes or any ordinance;
these tools are already in place, however, they are scattered throughout volumes of
material. The intent is to streamline the enforcement tool, by way of the condensed,
"one-stop-shopping" version of the code enforcement program. This effort serves as a
mechanism to abate existing violations that for too long have been overlooked, and to
provide guidance in prevention of future violations.
Planning Commission Minutes
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November 5, 1997
Mr. Remp stated that it was a major effort to consolidate, as an example, the appeal
process. There were several appeal processes spread throughout the book and often
they conflicted. They have now been consolidated into one section so essentially, all
the departments dealing with enforcement mechanisms will be following the same
appeal process. In addition, Mr. Remp stated that staff is not changing any of the
performance standards in the code, but only identifying new enforcement methods.
. Chair Davis commended staff for the work they have done in putting together this
report. She noted that the revised packet addresses a lot of the concerns the
Commission had raised and there has been significant change and positive
improvements from the original packet.
. Commissioner Willett stated he attended the Chamber of Commerce Executive
Committee meeting earlier that day and commended Mr. Remp for a job well done on
the presentation of the proposed program. Mr. Willett summarized an outline he
presented to the commission listing areas of concern and general comments; they are:
excellent flow-chart handout ,
- suggest program be a computer-based support system to enable officer to access and
show violator specific code while he is out in the field.
- supports establishing a Policies and Procedures Manual
- suggest hearing officer be a member of Attorney's office, not Building and Housing
suggest copy of specific code should be given at the time Notice of Violation is issued
suggest copy of any State Codes referenced in the Municipal Code should be made
available
- suggest using wording like "calendar work days" when specifying deadlines
concerned with reduction of the Boards of Appeals and Advisors' involvement in the
appeals process. There should be a civilian oversight committee.
- concern with staff train ing
- concern with recording liens against properties; should be used as a last resort.
Director Lee stated that both he and Mr. Remp would recommend that the program
come back to the Planning Commission after a year of implementation with a report-
card on how the program is working. Staff could also include input from the Chamber
of Commerce and provide the Commission and the City Council with an update in an
attempt to measure the program's success and what needs to be ironed out.
. Chair Davis stated that the program will address the 10% of violators who don't
comply when they are noticed and will ensure that compliance takes place sooner than
the present 90-day compliance deadline. In addition, nothing in this program
precl udes staff or the City Manager from recommending that the Appeals & Advisory
Board be the hearing examiner, which would then incorporate civilian input.
. Commissioner Thomas stated he supports recording a lien against a property because
although it is a harsh measure, it is a direct result when all other measures have been
exhausted in trying to correct violations, to no avail.
Planning Commission Minutes
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November 5, 1997
. Chair Davis stated that the reason for the lien on the property is not only as a last effort
to bring someone into compliance, but is also for those circumstances where the owner
does not have the means to correct the problem. The lien then serves as a flag to the
purchaser that there is an existing problem with the property.
MSC (Thomas/Willett) 5-0-0-2 (Commissioners Aguilar and Ray absent) that the Planning
Commission adopt Resolution PCA -98-01 recommending the City Council adopt an
ordinance to amend or repeal various existing ordinance sections and to add new Chapters
1.40 and 1.41 to the Chula Vita Municipal Code. Motion carried.
4. UPDATE ON COUNCIL ITEMS
Ken Lee reported there were two items that went to Council; the first one involved the
evaluation of the sign regulations with emphasis on freeway signs. Secondly, on October 14,
Council approved certain changes to current policy relating to public noticing procedures for
land use hearing matters. At that time, Council also requested that prior to implementation,
fiscal information be provided and brought back regarding the translating of the public notices
into Spanish. Council also requested that staff prepare a trial program for the posting of notices
at project sites. Staff intends to utilize a standardized 11 "x 17" notice in a card stock paper.
DIRECTOR'S COMMENTS
Director Lee reviewed the schedule of meetings and stated that Rancho Del Rey was intending
to have two items on the November 12th meeting, however, they are not ready, therefore, staff
is recommending that it be canceled. Staff would like to have a workshop on November 19th
for an update on major projects, with the time set for 6:00 p.m.
COMMISSIONER COMMENTS
Chair Davis thanked staff for their hard work in putting together the Code Enforcement
Program. In addition, on behalf of the Planning CommissiQn, she extended her congratulations
to Ken Larsen, Director of Building and Housing, for being recipient of the Public Official of
the Year Award in Washington D.C.
Chair Davis acknowledged and welcomed the class that was sitting in the audience tonight.
Commissioner Thomas stated that he hears stories about disgruntled applicants who go to the
Chamber of Commerce to vent their frustration with the City when an unfavorable decision is
made on their application and they didn't get beyond the first step. Commissioner Thomas
asked if it would be possible for staff to provide the Commission with a list of applications that
the City receives which describe the type of project that is being proposed and the decision that
is rendered on the application.
Director Lee stated that applicants always have a right to go before the Planning Commission
to appeal an unfavorable decision. In addition, an applicant is able to voice their concerns
during Oral Communications, both before this body, and the City Council.
PI"nning Commission Minutes
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November 5, 1997
Commissioner Willett stated that periodically he requests from, Com. Dev., Building and
Housing, and the Planning Department, a copy of a project tracking list that each department
compiles which could serve Commissioner Thomas' request.
ADJOURNMENT at 8:20 to the next regular Planning Commission meeting of December 10,
1997 at 7:00 p.m. in the Council Chambers.
~~
Diana Vargas, Secretary
Planning Commission
SPECIAL MEETING
AGENDA
CITY PLANNING COMMISSION
Chula Vista, California
7:00 p.m.
Wednesday, November 5,1997
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CALL TO ORDER
ROLL CALL/MOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE
INTRODUCTORY REMARKS
APPROVAL OF MINUTES - Meeting of August 13, 1997
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission on any subject
matter within the Commission's jurisdiction but not an item on today's agenda. Each
speaker's presentation may not exceed three minutes.
I. PUBLIC HEARING: PCA-98-04; Consideration of an amendment to Section 19.34.030 of
the Municipal Code to allow drivethrough fast food restaurants in the
C-N Neighborhood Commercial zone, subject to approval of a
conditional use pennit - Kelton Title Corporation.
2. PUBLIC HEARING: PCA-98-02; Consideration of amendment to Section 19.58.147 of the
Municipal Code to revise standards for large family day care - City
Initiated.
3. PUBLIC HEARING: PCA-98-01; Consideration of amendments to the Municipal Code to
allow the adoption and administration of an enhanced code
enforcement program including the use of administrative citations -
City Initiated.
Agenda
- 2 -
November 5,1997
4. Update on Council Items
DIRECTOR'S REPORT
COMMISSIONER COMMENTS
ADJOURNMENT at p.m. to the Regular Business Meeting of November 12, 1997,
at 7:00 p.m. in the Council Chambers.
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests
individuals who require special accommodations to access, attend, and/or participate in a City
meeting, activity, or service, request such accommodations at least forty-eight hours in advance for
meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific
information at (6]9) 691-5101 or Telecommunications Devices for the Deaf (TDD) at 585-5647.
California Relay Service is also available for the hearing impaired.
H:\HOME\PLANNfNG\DlANA \PCAGENDA,DV
PLANNING COMMISSION AGENDA STATEMENT
Item 1
Meeting Date 11/5/97
ITEM TITLE:
Public Hearing: PCA-98-04; Consideration of an amendment to Section
19.34.030 of the Municipal Code to allow drive-through fast food
restaurants in the C-N Neighborhood Commercial zone, subject to
approval of a conditional use permit - Kelton Title Corporation.
The C-N Neighborhood Commercial zone presently excludes drive-in (including by
interpretation drive-through) restaurants. The applicant has submitted a request to amend the
zoning ordinance to allow for drive-through restaurants upon the issuance of a conditional use
permit.
BACKGROUND: The approval of the amendment would allow applicants such as Kelton
Title Corporation to process a conditional use permit for the development of drive-through
restaurants in the C-N zone.
Although the Zoning Code does not specifically define "drive-through" restaurants (those
which offer drive-through lanes in which food is both ordered and picked up from the vehicle,
and taken off-site for consumption, such as most fast food facilities), it does address "drive-
in" restaurants (those at which food is ordered from and consumed in the parked car on the
premises, such as the drive-in formerly known as Sonic near Palomar and Third Avenue).
Specifically, "drive-ins" are prohibited in the C-N Neighborhood Commercial zone. Due to
the similarly automotive-oriented nature of both drive-in and drive-through restaurants and
their similar impacts upon the smaller, more pedestrian oriented uses and intent of the C-N
zone, staff has consistently interpreted the prohibition on drive-in restaurants to apply to drive-
throughs as well.
The Environmental Review Coordinator has conducted an Initial Study, IS-98-09, of possible
environmental impacts associated with the Municipal Code amendment. Based on the attached
Initial Study and the comments therein, the Environmental Review Coordinator has concluded
that there would be no significant environmental impacts, and recommends adoption of the
Negative Declaration.
RECOMMENDATION: That the Planning Commission adopt attached Resolution PCA-
98-04, recommending that the City Council approve the amendment to allow the consideration
of drive-through restaurants in the C-N zone through the conditional use permit process.
Page 2, Item 1
Meeting Date 11/5/97
DISCUSSION:
As stated in the "Background" section, the C-N zone specifically prohibits drive-in car service
restaurants. This has been consistently interpreted by staff to include drive-through
restaurants, which are similarly oriented towards the automobile and are thus potentially
disruptive to the pedestrian nature of most C-N centers. Further, where the C-N zones are
intended to accommodate the needs of the surrounding residential neighborhood, both drive-in
and drive-through restaurants would draw from the larger community and are therefore not
consistent with the C-N zone's intent.
A fast food restaurant without a drive-through may be operated in the C-N zone since the code
does not distinguish it from a non-fast food restaurant. The Municipal Code presently allows
for fast food restaurants with drive-in/drive-throughs as permitted uses in the C-B Central
Business, C-C Central Commercial, C-V Visitor Commercial, and C-T Thoroughfare
Commercial zones.
ANALYSIS:
C-N Zones - Intent
The stated purpose and intent of the C-N zone is to provide for convenience goods and
services within residential neighborhoods in a manner which is complementary to and
compatible with the surrounding residential neighborhood. Permitted uses within the C-N
zones include, among others, grocery stores, restaurants, and professional offices. Service
stations and automated car washes are among the conditional uses in the C-N zone. The C-N
zone also limits hours of business operations to between 7:00 a.m. and 11:00 p.m. unless
specifically approved by the Planning Commission. An exhibit depicting the location of each
of the nine sites zoned C-N in the City is included as Attachment 3.
Some of the City's C- N zoned centers are still characterized by their smaller, quieter, and
more neighborhood and pedestrian oriented building and uses. However, in analyzing the
various commercial centers within the City's C-N zones, staff has found that a number of
them seem to be in transition, moving away from the neighborhood-serving intent and image
evoked by the traditional C-N zone. Large and intense uses nearby as well as major street
circulation patterns and increased traffic have already served to change the character of the
neighborhoods in which some C-N zones are found.
C-N Zones - Character of Vicinity
Examples of the changing neighborhodds surrounding certain C-N zones are found in the
zones located on Bonita Road and Otay Valley Road (see locators in Attachment 4). Both are
Page 3, Item 1
Meeting Date 11/5/97
adjacent to multiple family uses, convenience stores, and service stations. Further, both are
also in close proximity to hotels. Similarly, the C-N zone on Otay Lakes Road is across the
street from a community college and is close to two community-serving commercial centers
(both of which have drive-through restaurants).
C- N Zones - Traffic/Circulation
Existing and planned traffic patterns also affect the character of the areas in which the C-N
zones are located (see Attachment 5 for General Plan street designations for C-N zones). For
example, the C-N zoned property which the applicant intends to develop is located on Otay
Lakes Road east and south of Southwestern College. Otay Lakes Road at this point is
designated as a six-lane prime arterial; prime arterials are designed to move traffic between
major traffic generators. As noted previously, Southwestern College (which serves in excess
of 15,000 students), Bonita Vista High School, and two commercial centers both of which are
zoned Central Commercial are all within the vicinity of the subject site. Thus, other factors
have already been established which draw customers from the larger community and thus
increase traffic.
Similar circumstances can also be found in certain other C-N zoned locations. The C-N zone
on the south side of Otay Valley Road is located on a 4-lane major arterial, as are the zones
located on Bonita Road and at Melrose and East Orange Avenues.
C-N Zone - Conditional Uses
Lastly, as a result of a Municipal Code amendment some years ago, automated car washes
may be considered through the conditional use permit process in the C-N zone, and
automotive service stations have long been a conditionally-permitted use in this zone. As a
result, the allowance for drive-through restaurants in this zone through the CUP process is not
inconsistent with current treatment of other similar uses.
CONCLUSION:
Conditional Use Permit Process
The conditional use permit process provides for the more in-depth review necessary to allow
public input and the protection of neighborhood quality where necessary. Since this is a
discretionary process, it ensures that proposals are evaluated on a case-by-case basis, allows
the imposition of conditions to ensure compatibility, and does not guarantee approval should a
project prove inappropriate or insensitive to the surrounding neighborhood.
A drive-through restaurant, as distinguished from a drive-in restaurant, can be considered a
Page 4, Item 1
Meeting Date 11/5/97
use which provides a convenient service for residents of the surrounding neighborhood.
Although it may also draw customers from the larger community, existing conditions in the
vicinity would contribute to this and, again, the conditional use permit process would provide
for the more in-depth analysis of such factors as neighborhood character and compatibility,
availability of sound-buffering buildings or devices to address noise, and closer site plan
analysis to protect pedestrian patterns.
As a result of the foregoing discussion, staff recommends approval of the request to amend the
Municipal Code to add drive-through restaurants as a conditional use within the C-N
Neighborhood Commercial zone.
Attachments
1. Planning Commission Resolution
2. Draft City Council Resolution
3. C-N zones - Locations
4. Loccators - Specific C-N Sites
5. Street Designations for C-N Locatious
6. Environmental Docwnentation
7. Disclosure Statement
ATTACHMENT 1
PLANNING COMMISSION RESOLUTION
RESOLUTION PCA-98-04
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL
APPROVE A MUNICIPAL CODE AMENDMENT TO CHAPTER
19.34 TO ALLOW DRIVE-THROUGH RESTAURANTS AS A
CONDITIONALLY PERMITTED USE IN THE C-N
NEIGHBORHOOD COMMERCIAL ZONE
WHEREAS, a duly verified application for a Municipal Code amendment was filed
with the City of Chula Vista Planning Department on September 16, 1997 by Kelton Title
Corporation ("Applicant"); and,
WHEREAS, said application requests approval of a Municipal Code amendment to
allow consideration of drive-through restaurants in the C-N Neighborhood Commercial zone
through the conditional use permit process; and,
WHEREAS, drive-through restaurants can be considered a use which provides a
convenient service for residents of the surrounding neighborhood, and the conditional use
permit process ensures the evaluation of such proposals on a case-by-case basis to ensure
compatibility with the surrounding neighborhood; and,
WHEREAS, the Environmental Review Coordinator conducted an Initial Study IS-98-
09, of possible environmental impacts associated with the Municipal Code amendment and
recommends adoption of the Negative Declaration issued thereon; and,
WHEREAS, the Planning Director set the time and place for a public hearing on said
application and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the city; and,
WHEREAS, the hearing was held at the time and place as advertised, namely October
22, 1997 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and,
WHEREAS, the Planning Commission voted _ to recommend that the City Council
approve said municipal code amendment as stated in the draft City Council resolution.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves Resolution
PCA-98-04, recommending that the City Council of the City of Chula Vista adopt attached
draft City Council Resolution approving the Municipal Code amendment to allow drive-
through restaurants as a conditional use in the Neighborhood Commercial zone.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 5th day of November 1997 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Patty Davis, Chair
Diana Vargas, Secretary
ATTACHMENT 2
DRAFT COUNCIL ORDINANCE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 19.34.030 OF THE CHULA VISTA
MUNICIPAL CODE TO ALLOW DRIVE-THROUGH
RESTAURANTS IN THE C-N NEIGHBORHOOD
COMMERCIAL ZONE SUBJECT TO APPROVAL OF A
CONDITIONAL USE PERMIT
WHEREAS, the C-N Neighborhood Commercial zone does not presently allow for
drive-through restaurants as a permitted or conditional use; and,
WHEREAS, Kelton Title Corporation has submitted a request to amend the Municipal
Code to allow for drive-through restaurants in the C-N zone upon the issuance of a conditional
use permit; and,
WHEREAS, on November 5, 1997 the Planning Commission voted to recommend that
the City Council enact the amendment in accordance wtih its Resolution PCA-98-04; and,
WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-98-
09, of potential environmental impact associated with the proposal and has concluded that
there would be no significant environmental impacts, and recommends adoption of the
Negative Declaration issued on IS-92-12.
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: The City Council of the City of Chula Vista does hereby adopt the Negative
Declaration issued on IS-98-09.
SECTION II: That Section 19.34.030 of the Chula Vista Municipal Code is hereby amended
to add Subsection J to read as follows:
Sec. 19.34.030 Conditional Uses.
DriY~-through r~Staurl\ilts,
SECTION 111:
This ordinance shall take effect and be in full force and effect on the
thirtieth day from and after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of November, 1997.
Presented by
Approved as to form by
Kenneth G. Lee
Acting Director of Planning
John M. Kaheny
City Attorney
ATTACHMENT 3
C-N ZONE LOCATIONS
LEGEND
r
LOCATION OF C.N (Commercial Neighborhood) Zones /\ )
88 BOnita Road ,/ U
60 East "J" Street c(\:::4 "y,,,
! r" \ y~'
409 Telegraph Canyon Road /.. ""2<" ~) I
919 Otay Lakes Road ~viH ,,\ I. " ,--- r-L
/").,,i,,' < '~" \)',
11 Naples Street "i'~ll. ,>' \. ,i '
1419 Hilltop Dnve /}, L;~:l- " "~~~1) '~\{T-'---'
1498 Orange Avenue ! " ,I \ :\ {e\~ ,";}... \'
1498 Melrose Avenue ~ ,/i.! ~i~ ,~( ~'1 1/\\ :,,''', "I) \
4340 Main Street/OtayValley Roa.d 'C'-, J 0,./, /' ~< C)~T-:>~' \C~.'""./<'-'\,i \, \
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f{;' / \-\.1, ~' J'(~-"".' -~l-\,,~), L1"J .; l \1, \ \", "
-, ,) I~/ \ ,", "~..-~ ",::y),.~t;~\ i" ~ /<>.r~,-:..;'r '~ ~ '----
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c._.J.__--J_~
CHULA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRtPTlON,
C) APPLICANT: LOCATION MAP
PROJECT Location of C.N (Commercial Neighborhood) zones whhln
ADDRESS: the Ci1y of Chula Vista.
SCALE: FILE NUMeER:
NORTH No Scale
h :\home\planning\carlosllocatorslcnpinmapa.cdr 1017/97
ATTACHMENT 4
SPECIFIC C-N ZONES - LOCATORS
81
i)~\.WOOO DR
S~1'i
81-15
CALVARY
BAPTIST
CHURCH
OF
CHULA VISTA
QUIET SHADOWS
APARTMENTS
(BO)
RAMADA INN
HOTEL
'~
II( ,. ""
~118,. ~"
4 ,. ~ '''-"-,,
8 0$ "-"
CVP ""'-,
i
!
f
,
I
,
\
\
\
\
.-~_.,,/
CH U LA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT:
PROJECT CN Zone - Bonita Road @ Bonita Glen Drive
ADDRESS:
SCALE: FILE NUMBER:
NORTH No ScalB
LOVES
RESTAURANT
CHEVRON:
GAS
STATION I
i
INFORMATION
CENTER
"E" STREET / BONITA ROAD
I
I
(~HELL ..
, GAS
\ STATION '\ OENNYS
\ & RESTAURANT
I~R WA~~\ CCP
\. '. \-._~-_....__..,..
, \\
PROJECT \ " \\
LOCATION \\ \ \\ \\
\ \'
WHISPERING TREES II, '\ \.\\
APARTMENTS 1\
(74) \
\ 1\,\
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h:lhome\planninglcarlos\locators\pn002.cdr 10/2B/97
I
MELROSE VILLAS
CONOOS
(92)
PACIFIC
DIAMOND
GAS STATION
&
MINI MART
In
.,.
CD
...
t-
ee
t-
en
...
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t-
Z
CHULA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT:
PROJECT CN Zone - Otay Valley Road west of 1-805
ADDRESS:
SCALE: FILE NUMBER:
NORTH No ScaIB
h:\homelplanning\carlos\locatorslpn001.cdr 10/28/97
"---
\
BONITA
VISTA
HIGH
SCHOOL
SOUTHWESTERN
COLLEGE
PROJECT
LOCATION
NAVY
HOUSING
120m
CHULA VISTA PLANNING DEPARTMENT
LOCATOR
C) CN Zone - Otay Lakes Road
across from Southwestern College
NORTH
tI \ 11rmrr:\1'1'1fIn i ng\carlns'JncaflJrs\pnOIJ2.c(1 r 9/8/97
ATTACHMENT 5
C-N ZONES - STREET DESIGNATIONS
C-N Neighborhood Commercial Zones
Location General Plan Street Designation
Otay Lakes Rd. south of Southwestern 6-lane prime arterial
College
Bonita Rd @ Bonita Glen Drive 4-1ane major arterial
East J Street, east of Hilltop Drive Class 2 collector
L Street/Telegraph Canyon Rd (@ Nacion). 6-lane major
Hilltop Drive @ East Naples St Class 2 collector
Hilltop Drive @ East Rienstra St. Class 1 collector
Hilltop Dr @ Orange Ave Class 1 collector
East Orange Avenue @ Melrose 4-1ane major arterial
South side of Otay Valley Road between 1- 4-lane major arterial
805 and Melrose Avenue
ATTACHMENT 6
ENVIRONMENTAL DOCUMENTATION
negative ueclaration
PROJECT NAME: Code Amendment to Allow Drive-Through Restaurants in the
C-N Zone .
PROJECT LOC-ATlON:
City-wide
PROJECT APPUCANT:
Kelton Title Corporation
CASE NO: 15-98-09
DATE:
10/7/97
A. Project Setting
The proposed project consists of an amendment to the zoning code to allow the
consideration of drive-through restaurants in the C-N zone. The amendment would be
City-wide and would thus provide the opportunity for drive-through restaurants to be ~
considered in any of the City's nine C-N zone locations.
B. Project Description
The proposed amendment would permit drive-through restaurants in the Neighborhood
Commercial zone upon issuance of a conditional use permit.
C. Compatibility with Zoning and Plam
The ChuJa Vista Municipal Code states that the purpose of the Neighborhood Commercial zone
is to provide shopping centers for convenience shopping in residential neighborhoods. These
shopping centers must be compatible with and complement the surrounding residential area.
Automobile service stations and automated, drive-through car washes are currently permitted
in the C-N zone with approval of a conditional use permit. Service stations cater to repair and
other automotive needs, and automated carwashes provide a fast convenient service during
which customers need not leave their cars. Thus, both uses are similar to the drive-through use
proposed.
The requirement for a conditional use permit ensures that each drive-through restaurant would
be reviewed individually, including analysis of the specific area in which it is proposed.
Among the factors analyzed would be compatibility with the surrounding neighborhood.
The proposed zoning text amendmeI)t.would be compatible with the Retail commercial,
Thoroughfare Commercial, and Visitor Commercial designations of the General Plan, and the
proposed amendment is therefore compatible with the General .
~y~
--.-
r......-;:'"~....~
~~
city of cl'lula vllta plannln; department CfIY OF
.envlronmental review aectlon. CHUIA VISTA,
\
D. Identification of Environmental Effects
An initial study conducted by the City of Chula Vista (including the attached Environmental
Checklist Form) determined that the proposed project will not have a significant environmental
effect, and the preparation of an Environmental Impact Report will not be required. This
Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA
Guidelines.
E. Mitigation necessary to avoid significant effects
There is no evidence that the proposed project will result in any significant or potentially
significant environmental impacts, therefore, no project specific mitigation is required.
F. Consultation
1. Individuals and Organizations
City of Chula Vista: Patty Nevins, Planning
Doug Reid, Planning
Cliff Swanson, Engineering
Garry Williams, Planning
Ken Larsen, Director of Building & Housing
Doug Perry, Fire Marshal
MaryJane Diosdado, Crime Prevention
Jerry Foncerrada, Parks & Recreation Dept.
Office of the City Attorney
Chula Vista City School District: Dee Peralta
Sweetwater Union High School District: Katie Wright
Applicant's Agent:
Linda Lasher
2. Documents
Chula Vista General Plan (1989) and E1R (1989)
TiJle 19, Chula VISta Municipal Code
3. Initial Study
This environmental detennination is based on the attached Initial Study, any comments
received on the Initial Study and any comments received during the public review
period for this Negative Declaration. The report reflects the independent judgement of
the City of Chula Vista. Further information regarding the environmental review of
this project is available from the Chula Vista Planning Department, 276 Fourth Avenue,
Chula Vista, CA 91910.
i11~@lJ
ENVIR~NTAL REVIEW COORDINATOR
h:/homelplanning/pattyliJf)809 .nd
Case No.IS-98-09
ENVIRONMENTAL CHECKLIST FORM
1.
Name of Proponent:
Kelton Title Corporation
2.
Lead Agency Name and Address:
City of Chula Vista
3. Address and Phone Number of Proponent: Kelton Title Corporation
5109 Waring Road
San Diego, CA 92120
619/425-9600
4.
Name of Proposal:
Zoning Text Amendment to allow Drive-Through Restaurants in the C-
N Neighborhood Commercial Zone
5. Date of Checklist: October 7, 1997
Potentially
Potentially Significant u.. than
Signinaurt Unl~ Significant N.
I_ Mitigated Impact Impact
I. LAND USE AND PLANNING. Would the proposal:
a) Conflict with general plan designation or zoning? 0 0 0 181
b) Conflict with applicable environmental plans or policies 0 0 0 181
adopted by agencies with jurisdiction over the project?
c) Affect agricultural resources or operations (e.g., impacts 0 0 0 181
to soils or farmlands, or impacts from incompatible land
uses)?
d) Disrupt or divide the physical arrangement of an 0 0 0 181
established community (including a low-income or
minority community)?
Comments: The proposed zoning code amendment is compatible with existing General Plan and Zoning
Ordinance designations. Implementation would not create a significant impact on City land use and planning
ordinances.
II. POPULA nON AND HOUSING. Would the proposal:
PotenUaJly
PotentiaJly SigoUican1 Lou than
Silnincant UnI.. Significant N.
Impad Mitigated Impad Impad
a) Cumulatively exceed official regional or local population D D D 181
projections?
b) Induce substantial growth in an area either directly or D D D 181
indirectly (e.g., through projects in an undeveloped area
or extension of major infrastructure)?
c) Displace existing housing, especially affordable housing? D D D 181
Comments: The proposed amendment is consistent with existing regulations and does not propose any activity
that will effect growth rate or location of existing population.
III. GEOPHYSICAL. Would the proposal result in or expose
people to potential impacts involving:
a) Unstable earth conditions or changes in geologic D D D 181
substructures?
b) Disruptions, displacements, compaction or overcovering D D D 181
of the soil?
c) Change in topography or ground surface relief features? D D D 181
d) The destruction, covering or modification of any unique D D D 181
geologic or physical features?
e) Any increase in wind or water erosion of soils, either on D D D 181
or off the site?
f) Changes in deposition or erosion of beach sands, or D D D 181
changes in siltation, deposition or erosion which may
modify the channel of a river or stream or the bed of the
ocean or any hay inlet or lake?
g) Exposure of people or property to geologic hazards such D D D 181
as earthquakes, landslides, mud slides, ground failure, or
similar hazards?
Comments: The proposed amendment would not create any potential geological impacts.
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns, or the D D D 181
rate and amount of surface runoff?
b) Exposure of people or property to water related hazards D D D 181
such as flooding or tidal waves?
c) Discharge into surface waters or other alteration of D D D 181
surface water quality (e.g., temperature, dissolved
oxygen or turbidity)?
d) Changes in the amount of surface water in any water D D D 181
body?
PotentiaJly
PotmtiaJly Signincant Loo than
Signincant Unl~ Signlncant No
Impad Mitigated Impad Impad
e) Changes in currents, or the course of direction of water D D D 181
movements, in either marine or fresh waters?
1) Change in the quantity of ground waters, either through D D D 181
direct additions or withdrawals, or through interception
of an aquifer by cuts or excavations?
g) Altered direction or rate of flow of groundwater? D D D 181
h) Impacts to groundwater quality? D D D 181
i) Alterations to the course or flow of flood waters? D D D 181
j) Substantial reduction in the amount of water otherwise D D D 181
available for public water supplies?
Comments: The proposed amendment would have no impact on groundwater quality.
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an D D D 181
existing or projected air quality violation?
b) Expose sensitive receptors to pollutants? D D D 181
c) Alter air movement, moisture, or temperature, or cause D D D 181
any change in climate, either locally or regionally?
d) Create objectionable odors? D D D 181
e) Create a substantial increase in stationary or non- D D D 181
stationary sources of air emissions or the deterioration of
ambient air quality?
Comments: Although the proposed amendment would provide for the consideration of automobile-related
uses, the amendment itself would not create any impacts on air quality.
VI. TRANSPORTATION/CIRCULATION. Would the
proposal result in:
a) Increased vehicle trips or traffic congestion? D D D 181
b) Hazards to safety from design features (e.g., sharp curves D D D 181
or dangerous intersections) or incompatible uses (e.g.,
farm equipment)?
c) Inadequate emergency access or access to nearby uses? D D D 181
d) Insufficient parking capacity on-site or off-site? D D 0 181
e) Hazards or barriers for pedestrians or bicyclists? D 0 D 181
Potentially
Potentially Significant Lao than
Significant UnI_ Significant No
Impact Mitigated Impact Impact
1) Conflicts with adopted policies supporting alternative 0 0 0 181
transportation (e.g. bus turnouts, bicycle racks)?
g) Rail, waterborne or air traffic impacts? 0 0 0 181
h) A "large project" under the Congestion Management 0 0 0 181
Program? (An equivalent of 2400 or more average daily
vehicle trips or 200 or more peak-hour vehicle trips.)
Comments: Traffic generation figures per SANDAG actually indicate a decrease in ADT's when comparing
fast food restaurants with drive through service to fast food restaurants without drive through service (which
are already permitted).
VII. BIOWGICAL RESOURCES. Would the proposal result in
impacts to:
a) Endangered, sensitive species, species of concern or 0 0 0 181
species that are candidates for listing?
b) Locally designated species (e.g., heritage trees)? 0 0 0 181
c) Locally designated natural communities (e.g, oak forest, 0 0 0 181
coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and vernal pool)? 0 0 0 181
e) Wildlife dispersal or migration corridors? 0 0 0 181
1) Affect regional habitat preservation planning efforts?
o
o
o
181
Comments: The proposed amendment would have no impact on biological resources.
VIII. ENERGY AND MINERAL RESOURCES. Would the
proposal:
a) Conflict with adopted energy conservation plans? 0 0 0 181
b) Use non-renewable resources in a wasteful and inefficient 0 0 0 181
manner?
c) If the site is designated for mineral resource protection, 0 0 0 181
will this project impact this protection?
Comments: Although the proposed amendment relates to an automotive-oriented use, the proposed project will
not have any impact on energy or fuel consumption as drive through restaurants are already permitted
elsewhere in the City.
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous
substances (including, but not limited to: petroleum
products, pesticides, chemicals or radiation)?
o
o
o
181
b) Possible interference with an emergency response plan or
emergency evacuation plan?
Potentially
Potentially SilmnauJt L<a than
Significant Unl~ Significant No
Impa" Mitigated Impact Impact
0 0 0 181
c) The creation of any health hazard or potential health 0 0 0 181
hazard?
d) Exposure of people to existing sources of potential health 0 0 0 181
hazards?
e) Increased fire hazard in areas with flammable brush, 0 0 0 181
grass, or trees?
Comments: The proposed amendment would not cause a risk of upset in the City, and would not release
toxic or hazardous material into the environment during upset conditions.
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? 0 0 0 181
b) Exposure of people to severe noise levels? 0 0 181 0
Comments: The proposed amendment would provide for a use which may create minor exterior noise levels
through the use of exterior speaker boxes. However, any such noise would be required to adhere to existing
City noise standards, and compliance will be ensured through the conditional use permit process.
XI. PUBLIC SERVICES. Would the proposal have an effect
upon, or result in a need for new or altered government
services in any of the following areas:
a) Fire protection? 0 0 0 181
b) Police protection'? 0 0 0 181
c) Schools? 0 0 0 181
d) Maintenance of public facilities, including roads? 0 0 0 181
e) Other governmental services? 0 0 0 181
Comments: No new governmental services will be required for the proposed amendment.
XII. Thresholds. Will the proposal adversely impact the City's
Threshold Standards?
Comments: The proposal is not site-specific; therefore, the Threshold Standards do not apply at this time.
Compliance with the City's Threshold Standards will be evaluated upon submittal of individual projects.
Potentially
Potentially SlgnU1cant Lao.....
Significant UnI.. Silnlficant No
Impact Mitigated Impact Impact
XIII. UTILITIES AND SERVICE SYSTEMS. Would the
proposal result in a need for new systems, or substantial
alterations to the following utilities:
a) Power or natural gas? 0 0 0 181
b) Communications systems? 0 0 0 181
c) Local or regional water treatment or distribution 0 0 0 181
facilities?
d) Sewer or septic tanks? 0 0 0 181
e) Storm water drainage? 0 0 0 181
f) Solid waste disposal? 0 0 0 181
Comments: The proposed amendment will not generate a need for new systems or alteration to the
aforementioned utilities.
XIV. AESTHETICS. Would the proposal:
a) Obstruct any scenic vista or view open to the public or 0 0 0 181
will the proposal result in the creation of an aesthetically
offensive site open to public view?
b) Cause the destruction or modification of a scenic route? 0 0 0 181
c) Have a demonstrable negative aesthetic effect? 0 0 0 181
d) Create added light or glare sources that could increase 0 0 0 181
the level of sky glow in an area or cause this project to
fail to comply with Section 19.66.100 of the Chula Vista
Municipal Code, Title 19?
e) Reduce an additional amount of spill light? 0 0 0 181
Comments: Scenic highways will not be affected by the proposal.
XV. CULTURAL RESOURCES. Would the proposal:
a) Will the proposal result in the alteration of or the 0 0 0 181
destruction or a prehistoric or historic archaeological
site?
b) Will the proposal result in adverse physical or aesthetic 0 0 0 181
effects to a prehistoric or historic building, structure or
object?
c) Does the proposal have the potential to cause a physical 0 0 0 181
change which would affect unique ethnic cultural values?
PotmtiaJly
Potentially Significant L_ than
Significant UnI_ Significant No
Impact Mitigated Impact Impact
d) Will the proposal restrict existing religious or sacred uses D D D 181
within the potential impact area?
e) Is the area identified on the City's General Plan EIR as an D D D 181
area of high potential for archeological resources?
Comments: The proposed amendment will have no impact on cultural resources.
XVI. PALEONTOLOGICAL RESOURCES. Will the proposal
result in the alteration of or the destruction of
paleontological resources?
Comments: The proposed amendment will have no impact on paleontological resources.
D
D
D
181
xvn. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or regional parks D D D 181
or other recreational facilities?
b) Affect existing recreational opportunities? D D D 181
c) Interfere with recreation parks & recreation plans or D D D 181
programs?
Comments: Recreational facilities will not be affected by the amendment.
XVIII. MANDA TORY FINDINGS OF SIGNIFICANCE: See
Negative Declaration for IT/ilndatory findings of significance.
If an EIR is needed, this section should be completed.
a) Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten
to eliminate a plant or animal community, reduce the
number or restrict the range of a rare or endangered plant
or animal or eliminate important examples of the major
periods or California history or prehistory?
Comments: The proposed amendment will not degrade the quality of the environment nor will it impact
biological resources.
D
D
D
181
b) Does the project have the potential to achieve short-term,
to the disadvantage of long-term, environmental goals?
D
D
D
181
Comments: The proposed amendment is consistent with existing regulations, and will not negatively impact
long-term environmental goals.
c) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects.)
Comments: The proposed amendment does not have impacts that are either individually limited nor
cumulatively considerable.
Potentially
Potentially Silnincant L_ than
Significant UnI_ Sllnincant N.
Impa.ct Mitigated Impact Impact
0 0 0 181
d) Does the project have environmental effect which will
cause substantial adverse effects on human beings, either
directly or indirectly?
Comments: The proposed amendment will not adversely affect human beings.
o
o
o
181
XIX, PROJECT REVISIONS OR MITIGATION MEASURES:
The following project revisions or mitigation measures have been incorporated into the project and will be
implemented during the design, construction or operation of the project:
None.
XX. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as
indicated by the checklist on the following pages.
D Land Use and Planning D Transportation! Circulation D Public Services
D Population and Housing D Biological Resources D Utilities and Service
Systems
D Geophysical D Energy and Mineral Resources D Aesthetics
D Water D Hazards D Cultural Resources
D Air Quality D Noise D Recreation
D Mandatory Findings of Significance
XXI. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A MmGATED
NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but
at least one effect: 1) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on the
earlier analysis as described on attached sheets, if the effect is a "potentially significant
impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR,
including revisions or mitigation measures that are imposed upon the proposed project.
An addendum has been prepared to provide a record of this determination.
~~:/
Signature -
Date
!(JJt/~
, ,
Douglas D. Reid
Environmental Review Coordinator
City of Chula Vista
I8J
o
o
o
o
ATTACHMENT 7
DISCLOSURE STATEMENT
TI-lE r"'-- OF CHULA V1STA DISCLOSURE ~^----:--.MENT
You are rcquircd to file a Slatemcnt of Disclosure of certain ownership or financial intercsts, payments, or campaign
contrihutions, on all malters which will require discretionary action on the part of the City Council, Planning Commission, and
all other official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property which is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
1<~'~d keli-rn
1)~V('J kd~
Ma{k !<e~
2.
If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning
more than 10% of the shares in the corporalion or owning any partnership interest in the partnership.
3.
If any person' idcntified pursuant to (I) above is non-profit organization or a trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4.
Have you had more than $250 worth of business transacted with any mem~of thc City staff, Boards, Commissions,
Committees, and Council within the past twclve months? Ycs_ No_ If yes, please indicate person(s):
5.
Please identify each and every person, including any agents, employees, consultants, or independent contractors who
you have assigned to represcnt you bcfore the City in this matter.
Liy'\~a Lt5~M
6.
Have you and/or your officers or agents, in the aggrega}t:, contributed more than $1,000 to a Councilmember in the
current or preceding elcction period? Yes_ NoX If yes, state which Councilmember(s):
, , , (NOTE:
Attach additional pages ~ '~
Signature of contractor/applicant
li nu L-Atj~
Print or type name of contractor/applicant
Date:
q//1/(q1
. Pason iJ- defillcd as: "Any illdil'id1.Jal, finn, co-panllf:,ship. jojm vOllun:, as.socioriml social club, fralmla! o~alliz.alirm. corporatiofl., c.ttate, 01.t.n, rccciw:r, S)?ulicQrc,
litis DlUi 011)' other COWIf)', city alld cDulllry. eilY mutlicipallfY, districl, or VIlla political subdi\'i.siOf~ or allY oUter group or cO,nbuloliofl acting as a WUL ..
PLANNING COMMISSION AGENDA STATEMENT
Item ~
Meeting Date 11/5/97
ITEM TITLE:
Public Hearing: PCA-98-02; Consideration of amendment to Section
19.58.147 of the Municipal Code to revise standards for large family day
care- City Initiated.
BACKGROUND
Section 19.58.147 of the Municipal Code outlines standards which are required for the granting
of a large family day care permit. These standards are based on Section 1597.46 of the California
Health and Safety Code which gives the local jurisdiction the ability to impose standards,
restrictions and requirements concerning a) spacing and concentration; b) traffic control; c)
parking; and d) noise control relating to such homes.
One of these existing standards under section 19.58.147 requires a 1200 foot separation from
another such facility existing on the same street. Due to a recent change in State Law which now
allows a large family day care operation to have up to 14 children in a single family home, staff
is concerned that the current distance separation required is inadequate since it fails to require a
specific separation from lot to lot unless facilities are located on the same street. The lack of a
complete separation standard does not insure that the health, safety and general welfare of the
neighborhoods will be maintained. Staff is concerned that allowing such facilities to be located
in (very) close proximity to one another even though they are not along the same street, may
negatively affect these neighborhoods in terms of noise, traffic and congestion impacts.
Another standard requires that an area be provided for the temporary parking of at least two
vehicles for the safe loading and unloading of children. In most cases, the driveway in front of
a two car garage will satisfy this requirement. This standard is not sufficient to prevent the owner
from parking their own personal vehicles in the driveway during the hours of operation of the
child care facility. In order to clarify this standard, staff recommends requiring that the existing
two car garage be used for the parking of the owners vehicles and that the driveway area be free
and clear for the drop off/pick up of children during all hours of the day care operation.
The Zoning Ordinance currently requires to noticing properties within 300 feet of a proposed
large family day care home. Staff believes this can be reduced to a 100 foot radius, consistent
with State Law, since there will be minimal impact (and consequently minimal response from the
public)
The Environmental Review Coordinator has determined that, as a procedural amendment, the
project is exempt from the California Environmental Quality Act (CEQA) under the General Rule
exemption section 15061(b)(3).
..---,^--,....
Page 2. Item ----L-
Meeting Date 11/5/97
RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached
Resolution PCA 98-02 recommending the City Council adopt an ordinance to amend sections
19.58.147 of the Municipal Code relating to required distance separation and the adequacy of a
safe area for the drop off/pick up of children for large family day care operations.
On October 7, 1997, the City's Child Care Commission made the same recommendation as staff
with the exception that proposed standard 19.58. 147(E) be expanded to allow an exception from
the requirement of a 16 foot wide driveway for existing lots containing an extra long single wide
driveway, allowing tandem parking of two vehicles for the loading and unloading of children.
MAIN ISSUES:
I. The current distance separation of 1200 feet only applies to facilities located on the same
street and does not address concerns of spacing and concentration if a proposed facility is
located in close proximity but on another street.
2. Current changes in state law to increase the number of children allowable from 12 to 14
for a large family day care home has the potential to cause additional impacts to the
neighborhood in terms of noise, traffic and congestion depending on the proximity of
facilities within a neighborhood.
3. The State Department of Social Services has established a 300 foot distance radius to
address the issue of spacing and concentrations for adult care facilities.
4. The current standard requiring a safe area for the loading and unloading of children is not
sufficient to prevent the owner from parking their own personal vehicles in the driveway
during hours of operation of the day care.
5. The existing noticing of residents within a 300 foot radius of the proposed location of the
facility is more costly and rarely results in responses from residents beyond a 100 foot
radius. Reducing the noticing radius is also recommended in order to make all of the
requirements for Large Family Day Care consistent with State Law.
DISCUSSION:
Current Code Requirements
Required standards for large family day care homes is defined in section 19.58.147 include the
following:
Page 3. Item ----1-
Meeting Date 11/5/97
A. Notice shall be given to properties within 300 feet of the proposed large family day care
home at least ten days prior to consideration of the pennit.
B. The pennit shall be considered without public hearing unless a hearing is requested by the
applicant or other affected party. The applicant or other affected party may appeal the
Zoning Administrator's decision to the Planning Commission.
C. The family day care function shall be incidental to the residential use of the property.
D. A large family day care home shall not locate within 1200 feet of another such facility on
the same street as measured from the exterior boundaries of the property.
E. An area shall be provided for the temporary parking of at least two vehicles for the safe
loading and unloading of children. In most cases, the driveway in front of a two car garage
will satisfy this requirement.
F. If in the opinion of the Zoning Administrator there is a potential for significant traffic
problems, the Zoning Administrator shall request review of the application by the City
Traffic Engineer. The City Traffic Engineer may impose accessory requirements for the
day care pennit in these instances to insure maintenance of traffic safety levels within the
vicinity of the home.
G. A usable rear yard play area 01,200 sq. ft. shall be provided. Outdoor play area shall
not be allowed in the front or exterior side yard of the home.
H. Play areas shall be designed and located to reduce the impact of noise on surrounding
properties. The Zoning Administrator may impose reasonable requirements to alleviate
noise, including but not limited to installation of a six-foot high block wall around the
perimeter of the rear yard.
Proposed modification
The proposed modification willi) reduce the required public noticing radius to be consistent with
State Law; 2) ensure that the appropriate distance between facilities shall be 300 feet of separation
regardless of street configuration and 3) ensure adequate on-site parking of owners vehicles in
addition to adequate and safe area for loading and unloading of children. Specifically, section
19.58.147(A, D and E) shall be amended to read as follows:
A. Notice shall be given to properties within 100 feet of the proposed large family day care
home at least ten days prior to consideration of the pennit. Said distance shall be measured
from the exterior boundaries of the subiect pro'perty.
Page 4. Item ~
Meeting Date 11/5/97
D. A large family day care home shall not locate within:
1.. Three hundred (300) feet of another such facility with said measurement bein!;!
defined as the shortest distance between the proDer(y lines of any such facilities:
!Iilll
2... Twelve hundred (1200) feet of another such facility 6ft- ~ the same street ~
me:tl8tlr~d flam the extt:r iaf 55t1fttbtfic3 fif the pI erp~rt) with said measurements
bein~ defined as the shortest distance between property lines (as measured alon~
the same street) of any such facilities.
E. The owner must provide a double-wide drivew<\y which shall be paved to meet City
Standards and be a minimum of 16 feet wide and 19 feet in depth as measured from the
ed~e of sidewalk to any vertical obstruction. The driveway shall be available durin~ all
hours of operation for the 10adin\1 and unloadin~ of children. If a garage exists on-site.it
must be utilized for parking of personal vehicle( s). In the event that less than a two car
garage exists on-site. the owner must desi~nate an area on-site other than on the driveway
so that a total of two personal vehicles can be parked on-site (includin~ the Ilarage).
Notwithstanding the foreIlOin\1. applicant must comply with all other Municipal/Code
provisions as to parkin!!: and traffic
The proposed change in distance separation requirements is consistent with that adopted by State
Law in terms of establishing spacing and concentration restrictions for adult care facilities.
ANALYSIS
Section 19.58.147 of the Municipal Code outlines a number of standards which must be met in
order for the Zoning Administrator to issue a large family day care permit. One such existing
standard is that a 300 foot radius is required for public notification of the pending application.
Staff recommends this be reduced to a 100 foot radius which will reduce staff time and expense
on preparing the public notices. Historically in the City there has been minimal public response
from neighbors who are beyond a 100 foot radius of the proposed facility site. In addition, this
reduction to a 100 foot radius is consistent with the noticing radius required by State Law for
large family day care homes.
A second standard concerns the proximity of large family day care homes to one another. ..
Currently this standard states that a large family day care home not be located within 1200 feet
of another such facility on the same street. With the increase in the number of children now
allowed in such a facility, staff believes this distance separation is not adequate to preserve the
Page 5. Item --L
Meeting Date 11/5/97
health, safety and general welfare of the neighborhood. The current standard would allow for a
concentration of facilities within a particular neighborhood as long as none of them are located
along the same street (see Attachment 2).
Thirdly, staff believes the current standard regarding providing an area for loading/unloading of
children is inadequate and may encourage or force on-street parking of personal vehicles and on-
street or curb-side drop off/pick up of children. Staff recommends amending this standard to
ensure there is sufficient on-site for both parking for both the owners personal vehicles as well
as for a safe area for the loading and unloading of children. Staff recommends requiring a
minimum 16 foot wide driveway be required to accommodate the pick up and drop off of children.
The City's Child Care Commission, at their monthly meeting of October 7, 1997, recommended
that an exception be made to this requirement for a 16 foot wide driveway in the case of a lot with
an existing extra long single wide driveway. They believe that adequate pick up and drop off area
can be provided in these cases, through the use of tandem parking. Staff does not concur with this
recommendation and believes it would be difficult for parents to maneuver in and out of the
driveway during pick up and drop off of children if a tandem situation were to be allowed.
Survev of Cities
A survey of other cities within San Diego County performed by staff in conjunction with this
report indicates there are a wide range of distance restriction addressing the issue of spacing and
concentration of facilities as well as with the processes and procedures required to grant a large
family day care permit (see Attachment 2) Staff is recommending a 300 foot separation which is
near the midpoint of the range of distance separations required by various jurisdictions within San
Diego County. The survey revealed a range of no distance separation (and relying solely on state
law provisions) to a 700 foot radius distance restriction. Staff further believes the proposed 300
foot separation is consistent with the how the State addresses the issue of spacing and
concentration as they require this separation for adult care facilities.
Attachment 2 delineates how less than a 300 foot separation has the potential to allow a
concentration of facilities within a neighborhood, which staff believes could lead to negative
impacts on the area.
Staffs survey revealed that a number of jurisdictions (in the County) are in the process of
streamlining the processing procedures by making them more ministerial, including the reduction
or elimination of public noticing. Staff recommends keeping the same procedures intact with the
exception of reducing the required noticing from the currently required 300 foot radius notice to
a 100 foot radius noticing. This 100 foot radius is all that is required by State Law for this type
of process.
Page 6. Item ~
Meeting Date 11/5/97
CONCLUSION
Based upon the above analysis, staff recommends:
(1) The current required distance separation be amended to add a 300 foot distance
separation which will restrict a concentration of such facilities from occurring
within a particular neighborhood with the potential negative impacts of traffic,
congestion and noise.
(2) The additional restriction that the owner must keep the driveway free and clear
during all hours of operation of the facility which will reduce congestion and
confusion for parents dropping off and picking up children.
(3) A clean-up of standard E relating to provisions of on-site parking areas in order to
ensure adequate parking as well as drop off/pick up area is provided on-site at the
residence.
Attachments
1. Draft Planning Commission Resolution
2. Graphic Example
(a:\day care
RESOLUTION NO. PCA-98-02
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND
SECTIONS 19.58.147 OF THE MUNICIPAL CODE RELATING TO STANDARDS
FOR LARGE FAMILY DA YCARE HOMES.
WHEREAS, the current Zoning Ordinance standards requiring a 1200 foot separation
between large family daycare facilities only when located along the same street would allow a
concentration of facilities within a neighborhood, and
WHEREAS, the addition of a more stringent 300 foot distance separation in all directions
would prevent potential negative impacts to the neighborhood by preventing concentration of
facilities, and
WHEREAS, this additional distance separation requirement will not unduly restrict
locations of future large family day care facilities within the City of Chula Vista, and
WHEREAS, the current Zoning Ordinance standards suggest but do not require that a two
car driveway be free and clear to allow for the required area for the temporary loading and
unloading of children, and
WHEREAS, the existing noticing of residents within a 300 foot radius of proposed facility
is in excess of the 100 foot radius required by State Law and has resulted in minimal public
response, and
WHEREAS, the City has initiated a request to amend the Municipal Code to allow add a
more restrictive distance separation between facilities, require the provision of two on-site parking
spaces for the parking of owners vehicles and a 16 foot wide driveway for loading and unloading
of children, and reduce the public noticing radius, and
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendment and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the city at least ten days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised, namely November
5, 1997, at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed, and
WHEREAS, the Commission found that the proposal, as a procedural amendment, is
exempt from environmental review and is not subject to CEQA.
NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT
THE HEARING, THE PLANNING COMMISSION recommends that the City Council amend
Section 19.58.147 of the Municipal Code to allow for the more restrictive standards for large
family day care homes as shown on Exhibit "A".
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 10 day of September by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Frank A. Tarantino, Chairman
Diana Vargis, Secretary
EXHIBIT A
Section 19.58.47 Family Daycare Homes, Large
A large family daycare home shall be allowed in the R-E and R-l zones, and within the
PC designated RE and RS zones, upon the issuance of a large family daycare permit by the
Zoning Administrator and in compliance with the following standards:
A. Notice shall be given to properties within 100 feet of the proposed large family daycare
home at least ten (10) days prior to consideration of the permit. Said distance shall be
measured from the exterior boundaries of the subiect property.
B. The permit shall be considered without public hearing unless a hearing is requested by the
applicant or other affected party. The applicant or other affected party may appeal the
Zoning Administrator's decision to the Planning Commission.
C. The family daycare function shall be incidental to the residential use of the property.
D. A large family day care home shall not locate within:
1" Three hundred (3001 feet of another such facility with said measurement being
defined as the shortest distance between the property lines of any such facilities'
and
2... Twelve hundred (12001 feet of another such facility 00- along the same street !18
me!l3lirea from the exterior BOIiOO!lries of the I'rol'crty with said measurements
being defined as the shortest distance between front property lines (as measured
along the same street) of any such facilities.
E. The owner must provide a double-wide driveway which shall be paved to meet City
Standards and be a minimum of 16 feet wide and 19 feet in depth as measured from the
edge of sidewalk to any vertical obstruction. The driveway shall be available during all
hours of operation for the loading and unloading of children. If a garage exists on-site it
must be utilized for parking of personal vehicle! s \. In the event that less than a two car
garage exists on-site. the owner must designate an area on-site other than on the driveway
so that a total of two personal vehicles can be parked on-site (including the garage).
Notwithstanding the foregoing. applicant must comply with all other Municipal/Code
provisions as to parking and traffic.
F. If in the opinion of the Zoning Administrator there is a potential for significant traffic
problems. the Zoning Administrator shall request review of the application by the City
Traffic Engineer. The City Traffic Engineer may impose accessory requirements for the
daycare permit in these instances to ensure maintenance of traffic safety levels within the
vicinity of the home.
G. A usable rear yard play area of 1,200 sq. ft. shall be provided. Outdoor play activity shall
not be allowed in the front or exterior side yard of the home.
H. Play areas shall be designed and located to reduce the impact of noise on surrounding
properties. The Zoning Administrator may impose reasonable requirements to alleviate
noise, including but not limited to installation of a six-foot high block wall around the
perimeter of the rear yard.
~--_..__.._---_..^._-------,.._.~.,"._-
ATTACHMENT 2
/
/
/
/
/
/
/
/
//~
/
\
Example of concentration of
Large Family Day Care Homes.
LEGEND
lRI = LI",e Flmlly Day em Horne
h :Ihome\planninglcarlosllocatorsllfdexhbt.cdr 10/29/97
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL
AMENDING SECTIONS 19.58.147 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO REQUIRED STANDARDS FOR LARGE FAMILY DAY
CARE HOMES.
WHEREAS, the City has initiated a request to amend the Municipal Code to add a more
restrictive distance separation between facilities, require the provision of two on-site parking
spaces for the parking of owners vehicles and a double wide driveway for loading and unloading
of children, and reduce the public noticing radius, and
WHEREAS, the current Zoning Ordinance standards requiring a 1200 foot separation
between large family daycare facilities only when located along the same street would allow a
concentration of facilities within a neighborhood, and
WHEREAS, the addition of a more stringent 300 foot distance separation in all directions
would prevent potential negative impacts to the neighborhood by preventing concentration of
facilities, and
WHEREAS, this additional distance separation requirement will not unduly restrict
locations of future large family day care facilities within the City of Chula Vista, and
WHEREAS, the current Zoning Ordinance standards suggest but do not require that a two
car driveway be free and clear to allow for the required area for the temporary loading and
unloading of children, and
WHEREAS, the existing noticing of residents within a 300 foot radius of proposed facility
is in excess of the 100 foot radius required by State Law and has resulted in minimal public
response, and
WHEREAS, on November 5. 1997 City Planning Commission voted ......and
WHEREAS, the City Clerk set the time and place for a hearing on said Municipal Code
amendment application and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property owners
within 500 feet of the exterior boundaries of the property at least ten days prior to the hearing:
and
WHEREAS, the hearing was held at the time and place as advertised, namely...., 1997
at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said
hearing was thereafter closed.
WHEREAS, the hearing was held at the time and place as advertised, namely...., 1997
at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said
hearing was thereafter closed.
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Section 19.58.147 of the Chula Vista Municipal Code is hereby
amended to read as follows:
A large family daycare home shall be allowed in the R-E and R-1 zones. and within the
PC designated RE and RS zones, upon the issuance of a large family daycare permit by the
Zoning Administrator and in compliance with the following standards:
A. Notice shall be given to properties within 100 feet of the proposed large family daycare
home at least ten (10) days prior to consideration of the permit. Said distance shall be
measured from the exterior boundaries of the subiect property.
B. The permit shall be considered without public hearing unless a hearing is requested by the
applicant or other affected party. The applicant or other affected party may appeal the
Zoning Administrator's decision to the Planning Commission.
C. The family daycare function shall be incidental to the residential use of the property.
D. A large family day care home shall not locate within:
L Three hundred (00) feet of another such facility with said measurement being
defined as the shortest distance between the propertv lines of anv such facilities:
and
b Twelve hundred (1200) feet of another such facility 6ft- alon~ the same street ft1!
mea8tlred from the exterior botllwarie8 of the property with said measurements
being defined as the shortest distance between front property lines (as measured
alon~ the same street) of any such facilities.
E. The owner must provide a double-wide driveway which shall be paved to meet City
Standards and be a minimum of 16 feet wide and 19 feet in depth as measured from the
edge of sidewalk to any vertical obstruction. The driveway shall be available during all
hours of operation for the loading and unloading of children. If a garage exists on-site, it
must be utilized for parking of personal vehicle(s). In the event that less than a two car
garage exists on-site. the owner must designate an area on-site other than on the driveway
so that a total of two personal vehicles can be parked on-site (including the garage).
Notwithstanding the foregoing, applicant must comply with all other Municipal/Code
provisions as to parking and traffic.
F. If in the opinion of the Zoning Administrator there is a potential for significant traffic
problems, the Zoning Administrator shall request review of the application by the City
Traffic Engineer. The City Traffic Engineer may impose accessory requirements for the
daycare permit in these instances to ensure maintenance of traffic safety levels within the
vicinity of the home.
G. A usable rear yard play area of 1.200 sq. ft. shall be provided. Outdoor play activity shall
not be allowed in the front or exterior side yard of the home.
H. Play areas shall be designed and located to reduce the impact of noise on surrounding
properties. The Zoning Administrator may impose reasonable requirements to alleviate
noise, including but not limited to installation of a six-foot high block wall around the
perimeter of the rear yard.
Presented by
Approved as to form by
Ken Lee
Director of Planning (Acting)
John M. Kaheny
City Attorney
PLANNING COMMISSION AGENDA STATEMENT
Item 3
Meeting Date 11-5-97
ITEM TITLE:
Public Hearing: PCA-98-01; - Consideration of amendments to the
Municipal Code to allow the adoption and administration of an enhanced
code enforcement program including the use of administrative citations -
City Initiated
BACKGROUND:
The current methods used to perform code enforcement within the City of Chula Vista involve
issuance of a number of Notices of Violation and ultimately filing of a misdemeanor or infraction
complaint by the City Attorney. As an alternative, buildings or properties that constitute a public
nuisance can be abated by the up-front use of public funds. Both of these methods consume
considerable staff time and often result in significant delays, sometimes several years, before the
violations are corrected.
Based upon a Council referral requesting staff investigate ways of enhancing the effectiveness of
code enforcement within the City, the Building and Housing Departtnent began a study of
enforcement methods utilized by other jurisdictions. After evaluating numerous programs, staff
selected the City of San Diego's program as an appropriate model to use for our program.
The principal distinction between Chula Vista's current code enforcement compliance methods
and the City of San Diego's is the large variety of enforcement methods available in San Diego's
program. During the Planning Commission Workshop of October I, 1997 staff from the
Department of Building and Housing provided an overview of the current and proposed code
enforcement methods. Planning Commission members provided general comments as well as
several specific recommendations to be incorporated into the program for review at the next
Planning Commission meeting. To the extent possible, those recommendations have been
included in this report and the proposed Ordinance revisions. A copy of the proposed additions
and amendments to the Municipal Code are included as Exhibits C, D & E attached to this report.
In addition, a copy of these changes without strikeouts and underlines has also been attached as
Exhibit G.
The Environmental Review Coordinator has determined that, as a procedural amendment, the
project is exempt from the California Environmental Quality Act (CEQA) under the General Rule
exemption Section 15061(b)(3).
Page 2, Item -L
Meeting Date 11/5197
RECOMMENDA TION:
That the Planning Commission adopt the attached Resolution PCA 98-02 recommending the City
Council adopt an ordinance to amend or repeal various existing ordinance sections and to add
new Chapters 1.40 and 1.41 to the Chula Vista Municipal Code.
MAIN ISSUES:
I. In response to Council's concerns, the City has been looking at ways to more effectively
enforce the provisions of the Municipal Code.
2. The Building & Housing Department recommends using the City of San Diego's program
as a model to achieve enhanced enforcement options.
3. Various existing sections of the Municipal Code are being recommended for revision to
strengthen enforceability.
4. A standardized appeal procedure is being introduced to enhance consistency and ensure
conformance with due process requirements. The proposed appeal procedure also reduces
the num ber and type of appeals that go directly to City Council.
5. Recommended enhanced enforcement options include the ability to issue Administrative
Citations, assess Civil Penalties, issue cease and desist orders, issue misdemeanor
citations, record Notices of Violation on the title of properties and establish property and
personnel liens to recover costs associated with code enforcement actions.
6. Various sections of the Municipal Code must be amended to add references to the use of
these new enforcement methods.
DISCUSSION:
Current Methods of Code Enforcement:
1) Issuance of Notice of Violation - a notice issued by a code enforcement officer
identifying violation, corrective action required and date of reinspection.
This initial notice identifies the violation(s) and provides a reasonable time to make
corrections. There are no fees or penalties assessed. Traditionally, numerous
Notices of Violation are issued over extended periods of time before compliance
Page 3, Item -L
Meeting Date 11/5197
is gained or criminal complaint is filed by City Attorney.
2) Filing Complaints in Municipal Court - based on recommendation from
Department of Building and Housing, City Attorney prepares complaint and
files with Municipal Court.
This program requires a considerable amount of City Attorney and Code
Enforcement Officer staff time and has often been subject to substantial court
delays and reduced or no cost recovery. The utilization of this method is expected
to be reduced dramatically if the proposed Ordinance modifications are adopted.
3) Summary and Administrative Abatement - abatement of public nuisances by
use of city funds with subsequent recovery through property tax assessment.
These methods require up-front expenditure of City money to demolish and/or
repair private property. The appeal procedure is very lengthy and may require
confirmation hearings by City Council before costs can be assessed. Additionally,
the cost recovery process can take many years to complete. Traditionally, no
funding source has been identified to initiate these repairs. See items 1 & 2 below
for enhancement proposals.
Proposed Methods of Code Enforcement:
There are ten major code enforcement methods which will be amended or added as part of the
proposed new code enforcement program. These are described as follows:
1) Summary Abatement - authorizes City staff to take immediate actions to abate
conditions that are an imminent threat to life safety.
The current method will be modified to streamline cost assessment appeal hearings.
While the current language requires a hearing before City Council, the proposed
change designates a City Manager appointed Hearing Examiner as the person to
conduct the hearing and render a decision.
ACTION: Amendment to CVMC Section 1.30.030
2) Administrative Abatement - authorizes City staff to abate nuisances and assess
.~....'-,. ._._~,---~_._---~_.__._.,-
Page 4, Item -L
Meeting Date 11/5197
costs after an owner has been notified of violations and been given reasonable
time to abate a nuisance.
The current method is also being changed to designate a hearing examiner in lieu
of the City Council as the appellate body for Notice and Orders and cost recovery
assessments. Additionally, this proposal includes a recommendation to fund the
abatement actions from funds recovered as a result of code enforcement actions.
ACTION: Amendments to CVMC Sections 1.30.070 through 1.30.180
3) Misdemeanor Citations - issued by designated Code Enforcement Officers for
violations committed in their presence and requires cited person to appear in
Municipal Court.
This proposed method encourages timely compliance by expediting access to court
system. Current method requires City Attorney Staff to prepare, file and appear
at each hearing. Fines levied by Court are retained by the magistrate.
ACTION: Amendments to CVMC Sections 1.04.010, 1.20.010 and 1.24.010
4) Administrative Citations - a notice that mandates corrective action and
establishes a fine as a penalty for prior non-compliance of a previous notice
of violation.
This proposed method is intended to encourage timely compliance and discourage
repeat offenders. The amount of the fines escalates from $100 for first violation,
to $200 for second, and $500 for third and subsequent violations. Fines are
payable to the City of Chula Vista.
ACTION: New CVMC Section 1.41.100
5) Notice of Violations - typically the first formal enforcement step, notifies the
responsible party(s) of a violation and affords them time (normally no less that
ten days) to correct a violation prior to any additional enforcement actions
being taken.
This is an existing method that is being more clearly defined within the Ordinance.
ACTION: New CVMC Section 1.41.030
Page 5, Item -L
Meeting Date 11/5/97
6) Cease and Desist Orders - issued to persons who perform work in violation of
a permit or without a required permit. Violation of the cease and desist order
is a sepa.-ate misdemeanor and/or may result in issuance of an administrative
citation.
This is an existing method that is being enhanced by the Ordinance change to
clearly identify the consequences of violating the cease and desist order.
ACTION: New CVMC Section 1.41.070
7) Recording Notices of Violations - The City records a Notice of Violation
against a property that is in violation of the Municipal Code as a means of
ensuring the violation is corrected prior to, or upon transfer of the property.
Development or improvement permits may not be issued on the property until
the Notice is cleared through compliance.
This is an existing method that is being formalized by ensuring adequate due
process appeal procedures are afforded property owners prior to recordation of
violation notices.
ACTION: New CVMC Section 1.41.040
8) Code Enforcement Liens - during the inspection, enforcement and nuisance
abatement p.'ocess, cost recovery amounts are levied for the services rendered.
These costs are recorded as a lien against the property.
This is an existing method that is being more clearly defined in the Code and
includes comprehensive appeals procedures to ensure due process.
ACTION: New CVMC Sections 1.41.140 through 1.41.170
9) Civil Penalties - may be assessed against a party who demonstrates a
continuing disregard for the requirements of the Municipal Code. Penalties
may be assessed at a daily rate not to exceed $1,000 per violation per day up
to $100,000 per vacant assessor's parcel or per structure.
This proposed method imposes severe financial penalties and is intended to be
used in only the most flagrant cases when other methods are not successful in
gaining compliance.
Page 6, Item -L
Meeting Date 11/5/97
ACTION: New CVMC Sections 1.41.110
10) Abandoned and Illegally Parked Vehicles Abatement - authorizes removal of
inoperable or wrecked vehicles and citing of vehicle owners who illegally park
their vehicles on private property.
These are existing methods that are being updated to provide consistency with
minimum state vehicle code requirements and as a means of streamlining the
appeal process.
ACTION: Amendments to CVMC Chapters 10.80 and 10.84
ANALYSIS:
The principal distinction between Chula Vista's code enforcement compliance methods and San
Diego's is the enhanced enforcement options available to San Diego's enforcement personnel.
Significant among the options is the ability to issue Administrative Citations. Adoption of these
recommended Ordinance changes will give designated City staff access to an Administrative
Citation Program as we!! as other enforcement methods that are anticipated to greatly improve the
City's ability to effectively enforce the provisions of the Municipal Code. The proposed
Ordinance modifications and additions will not only enable Code Enforcement Officers within the
Department of Building and Housing to use these tools, but other City employees designated by
the City Manager will also have access to the enhanced enforcement methods to enforce applicable
sections of the CVMC. Other staff would include Fire Prevention Officers, Open Space
Inspectors, Public Works Inspectors, Business License Inspectors, Zoning Administrator and
Community Service Officers.
Each of the proposed enforcement methods includes components to ensure that affected parties
have every available opportunity to exercise their rights to appeal. This proposed Ordinance also
represents an effort to streamline and consolidate a variety of different appeal procedures into a
single appeal process that provides consistency and ensures due process. All employees
authorized to utilize these enforcement methods will be thoroughly trained to ensure that
individual's rights to due process are recognized and afforded. An example of the detailed
procedures that enforcement staff will be directed to follow, the Policy and Procedures Manual
for Administrative Citations, is included as Exhibit F.
While many of these proposed enforcement methods identify potential penalties for parties that
violate the Code, the program's focus is not the generation of revenue. The purpose of these
Ordinance changes is to develop methods that discourage parties from violating the Code and
encourage parties to cure existing violations. Imposing financial penalties has traditionally proven
Page 7, Item -L
Meeting Date 11/5197
effective as a means of gaining compliance. The various Departments utilizing these enforcement
tools should anticipate additional expenditures in staff time in order to administer the appeal
hearing process, however it is reasonable to assume that costs for hearings will be recovered in
both the filing fees, the penalties or fines collected and the code enforcement cost recovery liens.
The proposed addition to the CVMC of Chapter 1.41, Section 1.41.180 also recommends that
the City Manager establish a revenue fund for abatement and code enforcement purposes. It is
proposed that any surplus above an operating reserve, as established by City Council, be
transferred from time to time to the General Fund.
PLANNING COMMISSION WORKSHOP COMMENTS
During the Workshop session of October I, 1997, several Commission members raised questions
and concerns about the need to insure violators are given appropriate notice and given the
opportunity to appeal decisions made by code enforcement staff. Specific concern was raised
about the ability of individuals to respond to notices within specified time frames if they live
outside the state or country. Further review of the proposed Ordinance revealed that this situation
was addressed by referencing existing state law that provides an additional 30 days to respond for
property owners that reside outside California. Concerns were also expressed about the need to
exercise a reasonable approach when applying these new enforcement methods. Several
Commission members recommended that a program be initiated to inform the public about the
requirements and the new enforcement methods prior to actual implementation of these new,
more aggressive, enforcement methods. The issue most strongly expressed by the Commission
was the need to have established procedures for staff to follow and the need to have a Code
Enforcement Manager position created to closely supervise the implementation of the new
program. The new position was recommended to oversee the day-to-day operations of the Code
Enforcement Division of the Department of Building and Housing as well as provide technical
assistance to other departments desiring to implement these new enforcement procedures. The
recommended funding source for this position, and any additional required clerical assistance,
was identified as the cost recovery fund also being proposed as part of this Ordinance change
package
Due to the volume and complexity of the proposed code changes and at the recommendation of
the Planning Commission, an effort has been made to better identify the location and subject
matter of each of the proposed code changes. Each major section is now preceded by a title
identifying the subject of the Chapter of the Municipal Code. In addition, Exhibit A has been
included as a summary listing of the various Chapters being proposed for revision. Lastly, as an
aid to readability and as requested by the Commissioners, the proposed revisions have been
formatted in a way that no longer specifically identifies language that is being proposed for addition or deletion.
Page 8, Item -L
Meeting Date 11/5/97
CONCLUSION:
Based upon the above analysis, staff recommends the various sections of the Municipal Code be
amended to add references for the various code enforcement methods, appeals procedures and cost
recovery methods contained therein.
Attachments
Exhibit A - Draft Planning Commission Resolution
Exhibit B - Summary of Chapters proposed for revision
Exhibit C - Revised and New CVMC Sections 1.04.010, 1.04.060, 1.16.010,
1.20.010, 1.20.020, 1.24.010, 1.30.010, 1.30.030, 1.30.050 through 1.30.180,
2.26.030,5.02.050 through 5.02.180, 5.02.230, 5.04.065, 5.14.030, 5.14.040,
5.14.090,5.14.100,5.18.020.5.18.090,5.18.100, 5.26.060, 5.26.070, 5.26.120,
5.26.230,5.26.290,5.26.300.5.32.060,5.35.123, 5.36.130, 5.36.240, 5.36.250
through 5.36.320 (repealed). 5.38.210, 5.38.220, 5.44.020, 5.48.010 through
5.48.120 (repealed), 5.54.120, 5.54.290, 5.58.090, 8.04.040, 8.08.140 through
8.08.300 (repealed). 8.32.020 through 8.32.040,8.32.070,9.12.210,9.12.220
(repealed), 9.12.300, 9.13.090, 9.13.120 through 9.13.140, 9.18.050, 10.80.10
through 10.80.120, iO.84.010, 10.84.35 through 10.84.36 (repealed), 15.04.305,
15.04.310. 15.04.325, 15.44.070, 17.28.050, 19.08.020, 19.08.030 and
19.62.200.
Exhihit D - New CVMC Chapter 1.40, Sections 1.40.010 through 1.40.060
Exhibit E . New CVMC Chapter 1.41, Sections 1.41.010 through 1.41.180
Exhibit F - Building and Housing's Policy and Procedures Manual for
Administrative Citations
Exhibit G - Proposed Code amendments without underlines and strikeouts and
underlines
(h:\shared\bld hsg\pcciC)
October 29, 1997 02:35pm)
EXHIBIT A
RESOLUTION NO. PCA-98-01
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE TO ADD TO
AND AMEND VARIOUS SECTIONS OF THE MUNICIPAL CODE TO ALLOW THE
ADOPTION AND ADMINISTRATION OF AN ENHANCED CODE ENFORCEMENT
PROGRAM.
WHEREAS. in response to Council's concerns, the City has been looking at ways to
effectively enforce the provisions of the Municipal Code.
WHEREAS, The Building & Housing Department recommends using the City of San
Diego's Code Enforcement Program as a model to achieve enhanced enforcement options.
WHEREAS, recommended enhanced enforcement options include the ability to issue
Administrative Citations with accompanying fines through the development of an Administrative
Citation Program.
WHEREAS, the City has initiated a request to amend various sections and add new
Chapters to the Chula Vista Municipal code to allow for a new enforcement program to be
enacted, and
WHEREAS, a Planning Commission workshop was held on October 1. 1997 to provide
an overview of the current and proposed code enforcement methods and solicit comments and
questions, and
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendment and notice of said hearing, together with its purpose. was given by its publication in
a newspaper of general circulation in the city at least ten days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised, namely November
5, 1997, at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed, and
WHEREAS. the Commission found that the proposal, as a procedural amendment, is
exempt from environmental review and is not subject to CEQA.
NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT
THE HEARING, THE PLANNING COMMISSION recommends that the City Council approve
the Code Enforcement Program and recommend relevant sections of the Municipal Code be added
and amended in order to implement said Code Enforcement Program.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 5th day of November by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Patty Davis, Chairperson
Diana Vargas, Secretary
EXHIBIT B
DEPARTMENT OF BUILDING AND HOUSING
CODE ENFORCEMENT ENHANCEMENT PROGRAM
CHULA VISTA MUNICIPAL CODE SECTION REFERENCES
Title 1 - General Provisions
1.04 General Provisions
1.16 Right of Entry for Inspection
1.20 General Penalty
1.24 Arrest Procedure
1.30 Abatement Procedures
1.40 Administrative Procedure and Process
1.41 Administrative Compliance and Enforcement Procedures
Title 2 - Administration and Personnel
2.26 Board of Appeals and Advisors
Title 5 - Business Licenses Taxes and Regulations
5.02 Business Licenses Generally
5.04 License Taxes Generally
5.14 Art Figure Studios
5.18 Billiards and Pool Halls
5.26 Public Dances
5.32 Garage Sales
5.35 Bathhouses
5.36 Massage Parlors
5.38 Pawnbrokers, Secondhand and Junk Store Dealers
5.44 Race Tracks
5.48 Closing-Out Sales
5.54 Taxicabs
5.58 Tow Trucks
Title 8 - Health and Sanitation
8.04 Food Handling Generally
8.08 Food Handlers' Pennits
8.32 Weed Abatement
Title 9 - Public Peace, Morals and Welfare
9.12 Gambling
9.13 Live Entertainment Licensing and Regulations
9.18 Rental of Housing for Drug Activity
Title 10 - Vehicles and Traffic
10.80 Abandoned Vehicles
10.84 Parking Restricted on Private Property
Title 15 - Buildings and Construction
15.04 Excavation, Grading and Fills
15.44 Moving, Relocating and Demolishing Buildings
Title 17 - Environmental Quality
17.28 Unnecessary Lights
Title 19 - Zoning and Specific Plans
19.08 Enforcement
(C:\ WP6\ADMIN\CVMCSECS. WPD)
(October 1, 1997)
EXHIBIT C
Amend Chapter 1.04 - General provisions - as follows:
1.04.010 Definitions and rules of construction.
In the construction of this code and of all ordinances of the city,
the following rules shall be observed, unless such construction
would be inconsistent with the manifest intent of the city council
or the context clearly requires otherwise:
1. "Abatement" means an act or combination of actions
desianed to correct a nuisance. Abatement includes. but
is not limited to: removal. demolition or reDair of
structures: removal of weeds. rubbish and debris:
reconstruction of structures to code: restoration.
gradina and fill of illeaally graded or develoDed land:
reveaetation: vacating of illeaal or non-conforming
structures: removina barriers imDroDerlv blockina off
Dublic access: removal of encroachina structures onto
public DroDerty: and other action which is reasonablv
related to the correction or mitiaation of nuisances
under this code or state law.
2. "City" or "this city" means and shall be construed as if
followed by the words "of Chula Vista";
3. "City Manaaer" means an officer appointed bv the Citv
Council as the City Manaaer. and includes those officers
and em~loyees he or she desianates to Derform certain
functions. The term "Citv Manager" includes a director.
exce~t in those Droceedinas where an aDDeal to the City
Manaaer is taken from the order of a director.
4. "Code" or "this code" means the code of the City of Chula
Vista, California;
5. "Code Enforcement Officer" means a Derson. other than a
police officer. designated bv the City Manaaer or a
Director. to enforce violations of the MuniciDal Code.
A Code Enforcement Officer is authorized to issue notices
of violation and administrative citations Dursuant to
ChaDter 1.41. A Code Enforcement Officer is authorized
to issue misdemeanor citations or to arrest a Derson
without a warrant for a misdemeanor committed in his or
1
her presence which is a violation of state law or an
ordinance which the Code Enforcement Officer has a duty
to enforce. A Code Enforcement Officer may exercise all
powers of arrest Dursuant to California Penal Code
1.;836.5. A Code Enforcement Officer is not a peace
officer within the definition of Penal Code Sections 830
throuah 832.8.
6.
"Computation of time." The
provided by law is to be done
the first day and including the
is a legal holiday and then it
time in which any act
is computed by excluding
last, unless the last day
is also excluded;
7. "Council" whenever used in this code means the city
council of the city;
8. "County" or "this county" means the county of San Diego;
9. "Day" means the period of time between any midnight and
the midnight following;
10. "Daytime" and "nighttime." "Daytime" means the period of
time between sunrise and sunset. "Nighttime" means the
period of time between sunset and sunrise;
11. "Director" means the Chief of Police. Fire Chief. City
Enaineer. plannina Director. Director of Buildina and
Housina. Director of Finance. Director of Parks and
Recreation. Director of Public Works. Director of
Community DeveloDment and the emDlovees desianated bv
them. or assigned bv lob function to Derform code
enforcement functions and duties. It also includes the
County Health Officer or Director of Public Health for
Dublic health and sanitation.
12. "Gender." The masculine gender includes the feminine and
neuter;
13. "In the city" means and includes all territory over which
the city now has, or shall hereafter acquire jurisdiction
for the exercise of its police powers or other regulatory
powers;
2
14. "Joint authority." All words giving a joint authority to
three or more persons or officers shall be construed as
giving such authority to a majority of such persons or
officers;
15. "Month" means a calendar month;
16. "Notice" means a written document which informs a person
of the time. date and place for a hearing. the nature of
a Dena1tv or corrective action recruired of that Derson.
and the MuniciDal Code section(s) aDDlicable to the
Droceeding. Service of notice is covered in Section
1.40.030.
17. "Nuisance" is as defined under California Civil Code
~3480. and includes a condition upon or use of real
DrODertv within Chula Vista that violates the MuniciDal
Code or state law. It may also include dilapidation or
disrepair of structures; the maintenance of a structure
in which illegal drug. gambling or prostitution activity
occurs; or. a structure on private property which
encroaches into Dublic DrODertv.
18. "Number." The singular number includes the plural and
the plural the singular;
19. "Oath" means and includes an affirmation;
20. "Officers, departments, etc." Officers, departments,
boards, commissions and employees referred to in this
code shall mean officers, departments, boards,
commissions and employees of the city, unless the context
clearly indicates otherwise;
21. "Official time." Whenever certain hours are named in
this code, they shall mean Pacific Standard Time or
Daylight Saving Time, as may be in current use in the
city;
22. "Or," "and." "Or" may be read "and," and "and" may be
read "or," if the sense requires it;
23. "Owner," applied to a building or land, means and
includes any part owner, joint owner, tenant in common,
tenant in partnership, joint tenant or tenant by the
entirety of the whole or of a part of such building or
3
land;
24. "Person" means and includes any person, firm,
association, organization, partnership, business trust,
corporation or company;
25.
"Personal
property,
section;
property" means and includes every species of
except real property, as defined in this
26. "Preceding" and "following." The words "preceding" and
"following" mean next before and next after,
respectively;
27. "Process" means and includes a writ or summons issued in
the course of judicial proceedings of either a civil or
criminal nature;
28. "Property" means and includes real and personal property;
29. "Real property" means and includes land, improvements and
structures on land, tenements and hereditaments;
30. "Responsible Party" means individually and collectivelv:
4
the owner(s) of real Dropertv upon which a violation of
this code or state law exists: or. a tenant or OCCUDant
in Dossession. licensee or any other Derson who has
caused. created. or continues to allow a condition to
occur or exist UDon real DrODertv constituting a
violation of this code or state law. A "ResDonsible
Partv" can be a natural person or a cor90ration.
31.
"Shall" and 'Imay."
permissive;
"Shall" is mandatory and "may" is
32. "Signature or subscription by mark." "Signature" or
"subscription" includes a mark when the signer or
subscriber cannot write, such signer's or subscriber's
name being written near the mark by a witness who writes
his own name near the signer's or subscriber's name; but
a signature or subscription by mark can be acknowledged
or can serve as a signature or subscription to a sworn
statement only when two witnesses so sign their own names
thereto;
33. "State" or "this state" shall be construed to mean the
state of California;
34. "Tenant or occupant," applied to a building or land,
includes any person holding a written or an oral lease
of, or who occupies the whole or a part of, such building
or land, either alone or with others;
35. "Tenses." The present tense includes the past and future
tenses, and the future includes the present;
36. "Week." A week consists of seven consecutive days;
37. "Writing" means and includes any form of recorded message
capable of comprehension by ordinary visual means.
Whenever any notice, report, statement or record is
required or authorized by this code, it shall be made in
writing in the English language, unless it is expressly
provided otherwise;
38. "Year" means a calendar year, except where otherwise
provided. (Prior code &1.2) .
1.04.060 Time limit
decisions.
for
seeking
review
of
administrative
Pursuant to the ~G..cr8 ~raHtccl to t~c city uRclcr California
Code of Civil Procedure Section 1094.6, judicial review of any
administrative decision of the city may be had pursuant to Code of
5
Civil Procedure Section 1094.5 only if ~ ~ petition for writ of
mandate is filed not later than the ninetieth day following the
date on which the decision becomes final: except that if the action
im90ses an administrative fine or penaltv. the Detition for review
must be filed within twenty davs after the order is final Dursuant
to Government code Section 53069. (Ord 1870 ~1, 1979).
Amend Chapter 1.16 - Right of Entry for Inspection - as follows:
1.16.010 Applicability-Procedure required.
Whenever necessary to make an inspection to enforce any ordinancc
or rcsolution State or MuniciDal Code provision, or whenever there
is reasonable cause to believe there exists aft onfinancc or
rcsolution State or MuniciDal Code violation in any building or
upon any premises within the jurisdiction of the city, any
authorized official of the city may, upon presentation of proper
credentials, enter such building or premises at all reasonable
times to inspect the same or to perform any duty imposed upon him
or her by ordinance; provided, that except in emergency situations
or when consent of the owner and/or occupant to the inspection has
been otherwise obtained, he or she shall give the owner and/or
occupant, if they can be located after reasonable effort, at least
twenty-four hours' written notice of the authorized official's
intention to inspect. The notice transmitted to the owner and/or
occupant shall state that the property owner and/or OCCUDant has
the right to refuse entry and that in the event such entry is
refused, inspection may be made only upon issuance of a scarCR 2n
insDection warrant by a duly authorized magistrate Dursuant to Code
of civil Procedure Section 1822.50. In the event the owner and/or
occupant refuses entry after such request has been made, the
official is hereby empowered to seek assistance from any court of
competent jurisdiction in obtaining an inspection warrant for such
entry. It is a misdemeanor to wilfull v refuse access after an
inspection warrant has been dulv issued. (California Code of Civil
Procedure Section 1822.57). The above 24 hour notice reQuirement
shall not apply to anv inspection where the authorized official
conducts the observations and insDection while within the Dublic
right-of-wav or within the unobstructed walkwav between such right-
of-way and the front entry of anv residence. nor shall it aDply to
abandoned or inoDerative motor vehicles insDected on site in
accordance with aDDlicable state law. (Ord 1550 ~1, 1974; prior
code 1,; 1 . 7) .
Amend Chapter 1.20 - General Penalty - as follows:
1.20.010 Designated-Applicability.
A. Any person violating any of the provisions or failing to
comply with any of the mandatory requirements of the
ordinances of the city shall be guilty of an infraction or a
6
misdemeanor. unless. at the sole oction of the City. the
violation is cited and crosecuted as an infraction.
B. An infraction is punishable by:
-l-:- A fine not exceeding one hundred dollars for a first
violation;
C. An infraction is not punishable by imprisonment. A person
charged with an infraction shall not be entitled to a trial by
jury. A person charged with an infraction shall not be
entitled to have the public defender or other counsel
appointed at public expense to represent him unless he is
arrested and not released on his written promise to appear, on
his own recognizance, or ucon a deposit of bail.
D. A misdemeanor is punishable by:
-l-:- Imprisonment in the county jail not exceeding six months,
or by fine not exceeding one thousand dollars ($1,000),
or by both.
E. Each such person described in A above shall be guilty of a
separate offense for each and every day during any portion of
which any violation of any provision of the ordinances of the
city is committed, continued or permitted by any such person,
and he shall be punished accordingly.
F. Payment of a fine shall not excuse payment of any fee required
by the Municipal Code.
G. In addition to the foregoing, any violation of the provisions
of the ordinances of the city is deemed to be a public
nuisance. Such violations may be abated by civil action or
pursuant to applicable administrative abatement procedures.
(Ord 2474 ~1, 1991; Ord 2284 ~1, 1988; Ord 2213 ~1, 1987; Ord 2077
~1, 1984; Ord 1765 ~1, 1977; Ord 1551 ~1, 1974; prior code ~1.7A).
1.20.020 Infractions: Prosecutor's Discretion Defendant's Election
to have Infraction Treated as Misdemeanor.
A. A violation of any Chula Vista Municipal Code Section may, at
the discretion of the prosecutor, if the violation is
initially charged as a misdemeanor rather than an infraction,
be prosecuted as an infraction, subject to the procedures
described in Sections 1.20.010(C) and 1.20.030 when:
1. The prosecutor files a complaint charging the offense as
an infraction unless the defendant, at the time he is
arraigned, after being informed of his rights, elects to
have the case proceed as a misdemeanor or;
7
2. The court, with the consent of the defendant, determines
that the offense is an infraction in which event the case
shall proceed as if the defendant had been arraigned on
a infraction complaint.
(Ord 2284 ~1, 1988; Ord 2265 ~1, 1988; Ord 2253 ~2, 1988; Ord 2213
~2, 1987).
Amend Chapter 1.24 - Arrest Procedures - as follows:
1.24.010 Notice required-Con tents-Bail.
A. If any person is arrested for a misdemeanor violation of tfie
pro~i~ioR~ codificd in Chaptcro :.02, S.01, :.00, :.10, S.lC,
S.lO, :.221 :.2C, :.J1, :.JO :.lC, :.:0, :.:1, :.CO, C.20
C.20 ana 8.1C, and s~cfi ~erson is not immediately taken before
a magistrate as is more fully set forth in the Penal Code of
the state, the arresting officer shall prepare in duplicate a
written notice to appear in court, containing the name and
address of such person, the offense charged, and the time and
place where and when such person shall appear in court.
B. The time specified in the notice to appear must be at least
~ ten days after such arrest. unless waived.
C. The place specified in the notice to appear shall be as
prescribed by Penal Code Section 853.6 eitfier.
1. DEfore. a :j udl3':: of Q. municipa.l court r.,;ithin tae: cuunt) 1 if
the offcnoc charged is allc~cd to ha.~c been committed
thcrciR, GRe. 'i..fiG fias j tlJ.:iBdiction of the offcfiEJC aRd ..-fio
io ncarcot aRa ffiQDt ae::ccooiblc 1""y'i th reference to tfic
plJCC on'here the a.rrcot i:J ffiaac I OJ.:
2. Upon demand of the p~rBefi a.rrcotcd, before a municipal
court judge in tfie cit), if s~cfi offense is alleged to
h;:rv.c been cOffifRittca 'y;ithin the county, or before a. juclgc
in tfie judicial diGtrict in \:fiicfi tfie offense iG alleged
to have been committea,
J. Defore an officer atlthori~cd b) the city to rccci~c a
dcpoDit of bail.
D. The officer shall deliver one copy of the notice to appear to
the arrested person and the arrested person in order to secure
release must give his written promise so to appear in court by
signing the duplicate notice which shall be retained by the
officer. Thereupon the arresting officer shall forthwith
release the person arrested from custody.
E. The officer shall, as soon as practicable, file the duplicate
notice with the magistrate ~ specified therein. Thereupon
the magistrate shall fix the amount of bail which in his
8
judgment, in accordance with the provisions of Section 1275 of
the Penal Code of the state, will be reasonable and sufficient
for the appearance of the defendant and shall endorse upon the
notice a statement signed by him in the form set forth in
Section 815A of the Penal Code of the state. The defendant
may, prior to the date upon which he promised to appear in
court, deposit with the magistrate the amount of bail thus
set. Thereafter, at the time when the case is called for
arraignment before the magistrate, if the defendant shall not
appear, either in person or by counsel, the magistrate may
declare the bail forfeited, and may in his discretion order
that no further proceedings shall be had in such case.
Upon the making of such order that no further proceedings be
had, all sums deposited as bail shall forthwith be paid into
the county treasury for distribution pursuant to Section 1463
of the Penal Code of the State.
F. No warrant shall issue on such charge for the arrest of a
person who has given such written promise to appear in court,
unless and until he has violated such promise or has failed to
deposit bail, to appear for arraignment, trial or judgment, or
to comply with the terms and provisions of the judgment, as
required by law. (Prior code ~1.8).
Amend Chapter 1.30 - Abatement Procedures - as follows:
1.30.010 Purpose.
This chapter is enacted pursuant to civil Code Section 3491 et seq.
and Government Code Section 38771 et seq., and is intended to be an
alternative procedure for the abatement of any public nuisance
declared to be a violation of any statute, regulation or ordinance
enforced by the city. It is intended to provide a uniform
procedure for notification, right of appeal and assessment of costs
and collection thereof for the abatement of public nuisances. This
chaDter may be used in conlunction with Drocedures established in
Chapters 1.40 and 1.41. The procedure herein is supplemental to the
general penalty provision found in Chapter 1.20, and is intended to
provide due process for all those required to abate a public
nuisance. (Ord 2187 ~2 (part), 1987; Ord 1655 ~1 (part), 1975).
1.30.030 Summary abatement power.
Whenever this code or any other provision of law authorizes the
city manager or any other city officer to declare a public
nuisance, the nuisance may be summarily abated by any reasonable
means and without notice or hearing when immediate action is
necessary to preserve or protect the public health or safety
because of the existence of a danaerous condition or imminent
threat to life. safe tv on Dublic or private DrODertv. Summary
9
abatement actions shall not be subject to the notice and hearina
requirements of this chapter and a city abatcfficRt code enforcement
officer shall not be prohibited from summary abatement actions
after initiation of proceedings pursuant to this chapter if
immediate action at any time becomes necessary to preserve or
protect the public health or safety. Summary abatement is to be
limited to those actions which are reasonably necessary to
immediatelv remove the threat.
In the event a public nuisance is summarily abated, the city
abatement officer may nevertheless keep an account of the cost of
abatement and bill the property owner therefor. If the bill is not
paid within fifteen (15) days from the date of mailing, the
Abatement Officer may proceed to obtain a special assessment and
lien against the owner's property in accordance with the procedures
set forth in Sections 1.30.130 through 1.30.170 of this chapter.,
C][ccpt that, in addition to G. r<:v~ic.y; of tfic cooto of abatemcnt, tEC
city council oRall also hcar and determinc an) issu~o rclati~c to
the ncccooit) for er maancr in r.,;hicR tfic ]?1:0!H::Ft) 1.1[10 declareS. to
bc a pUBliC) RuiaaRC)c aRa aummarily aBatca. (Ord 2187 ~2 (part),
1987; Ord 1655 ~1 (part), 1975).
1.30.050 Nuisance declared.
A city code enforcement officer a!3atcmcRt officer may declare a
public nuisance for any reason specified in any city ordinance.
Upon a public nuisance being declared, the city code enforcement
abatcmcRt officer ahall ~ issue a Notice and Order to Abate
substantially in the following form:
NOTICE AND ORDER TO ABATE
NOTICE IS HEREBY GIVEN THAT (sDecifv the condition constitutina the
nuisance)
is in violation of Section of the (Chula Vista Municipal
Code. or other applicable code or ordinance). The violation has
been declared a public nuisance by the (city code enforcement
abatcmcnt officer) and must be abated immediately. The public
nuisance is on property located at (insert address or other leaal
property descriDtion)
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within (insert
a reasonable number of days) ( ) [not less than tenl consecutive
calendar days from the issuance of this order. The issuance date
is specified below. You may abate the nuisance by (insert desired
action which. if taken. will adeauately remedy the situation)
If you fail to
abate the public nuisance within the number of days specified, the
city may order its abatement by public employees, private
contractor, or other means, and the cost of said abatement may be
10
levied and assessed against the property as a special assessment
lien or billed directly to the property owner.
YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT but any such appeal
must be brought prior to the expiration of the number of days
specified above for completion of abatement. The appeal must be in
writing; specify the reasons for the appeal; contain your name,
address and telephone number; be accompanied by an appeal fee of
dollars ($ ); and be submitted
to the city cle~[ manager at the following address:
City Cle~[ Manager
276 Fourth Avenue
Chula Vista, California 92010
Tel. No. (619) 691-5-8+t-.5JU.1.
One who is legally indigent may obtain a waiver of the appeal fee.
Upon timely receipt of the appeal and accompanying fee, or waiver,
the city clerk manager will cause the matter to be set for hearing
BcfoFC tfic city council sittiR~ as tfic city Qbat~mcflt beard and
notify you of the date and location of the hearing.
If you have any questions regarding this matter, you may direct
them to the city officer issuing this notice at the address or
telephone number listed below.
ISSUANCE DATE:
Name, title, address and telephone number
of the city abatement office issuing this
notice)
(Ord 2187 ~2 (part), 1987; Ord 1655 ~1 (part), 1975)
1.30.060 Service of notice and order to abate.
The Notice and Order to Abate shall be served in the following
manner.
A. Bv Dersonal service: or.
IL- By certified mail, addressed to the owner, or his or her
agent, at the address shown on the last equalized assessment
roll or as otherwise known, and addressed to anyone known to
the city abatement officer to be in possession of the property
at the street address of the property being possessed.
Service shall be deemed to have been completed upon the
deposit of said Notice and Order, postage pre-paid, in the
United States mail; and,
~ By posting such Notice and Order to Abate conspicuously in
front of the property on which, or in front of which, the
11
-^--"-'---~'-'----'--'-----""--._' -.-
nuisance exists, or if the property has no frontage, upon any
street, highway, or road then upon the portion of the property
nearest to a street, highway, or road, or most likely to give
actual notice to the owner and any person known by the city
abatement officer to be in possession of the property.
(Ord 2187 ~2 (part), 1987; Ord 1655 ~1 (part), 1975).
1.30.070 Appeal procedure.
Any owner or other person in possession of the property may appeal
any Notice and Order to abate issued abatcfficRt ~recccaiR~ cemmCRcca
pursuant to his chapter to the city couRcil manaaer or desianee
within the nUmBcr of ten days ~ allowed in the Notice and Order to
Abate. The appeal shall be submitted in writing, specify the
grounds upon which the appeal is taken, contain the name, address,
and telephone number of the appellant, be accompanied by the
payment of an appeal fee as set forth in the Master Fee Schedule
and be filed with the city clcrk manaaer. Timely appeal shall stay
any further abatement action until the hearing is concluded. The
city cle~( manager or designee shall set the matter for hearing
before a hearing examiner thc city council and notify the parties
in writing of the date and location of the hearing, at least ten
(10) days prior to said date. (Ord 2187 ~2 (part), 1987; Ord 1655
~1 (part), 1975).
1.30.080 Appeal fee: Determination
payment/refund.
of
amount/waiver
of
At the time of filing an appeal, the appellant shall pay the
Required Fee(s) as set forth in the City's Master Fee Schedule.
If the appellant claims an economic hardship in paying the appeal
fee, he or she may submit an application for waiver of the appeal
fee on forms provided by the city clcrk manaaer for that purpose.
The forms shall be substantially similar to those required of
litigants initiating court proceedings in forma pauperis pursuant
to Section 68511.3 of the Government Code. The forms shall be
executed under penalty of perjury and contain a declaration as to
the truthfulness and correctness of the information contained
therein. Upon submittal of the completed forms, the appeal fee
shall be waived. if iustification is demonstrated.
Failure to submit the waiver forms or pay the appeal fee in a
timely manner shall cause the appeal request to be automatically
denied. Enforcement of the Order to Abate may then proceed as if
no appeal request had been submitted.
If the appeal fee is paid and the ~ council hearina examiner
finds there is no public nuisance, the appeal fee shall be refunded
12
w._.__.__ ..._.__."__.._.___.._....... _m_ _.____0_ .__
to the appellant without the payment of any interest which could
have accrued. (Ord 2506 ~1 (part), 1992; Ord 2187 ~2 (part), 1987;
Ord 1655 ~1 (part), 1975).
1.30.090 Hearing procedure.
The hHearingQ before a hearinq examiner aDDointed from a list of
qualified persons aDDroved in writing by the city ~o~floil manager
shall be conducted in accordance with the following procedures:
A. Oral evidence shall be taken only on oath or affirmation. The
city ooufloil hearinq examiner is authorized to issue
subpoenas, administer oaths, and conduct the hearing.
B. Each party shall have these rights: to be represented by
legal counsel; to call and examine witnesses; to introduce
exhibits; to cross-examine opposing witnesses on any matter
relevant to the issues even though the matter was not covered
in the direct examination; to impeach any witness regardless
of which party first called the witness; to testify in his or
her own behalf. He or she may be called and examined as if
under cross-examination.
C. The hearing need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence
shall be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law
or statutory rule which might make improper the admission of
such evidence over objection in civil actions. Hearsay
evidence may be used for the purpose of supplementing or
explaining any direct evidence but shall not be sufficient in
itself to support a finding unless it would be admissible over
objection in civil actions and irrelevant and unduly
repetitious evidence shall be excluded.
D. The hearing shall be conducted in the English language. The
proponent of any testimony to be offered by a witness who does
not proficiently speak the English language shall provide an
interpreter, approved by the cit) coufloil hearinq examiner
conducting the proceeding as proficient in the English
language and the language in which the witness will testify.
The cost of the interpreter shall be paid by the party
providing the interpreter.
E. The hearing may be continued from time to time upon request of
a party to the hearing and upon a showing of good cause
therefor.
~ The administrative Drocedures of Chapter 1.40 mav be utilized
to supplement the above. (Ord 2187 ~2 (part), 1987; Ord 1655
~1 (part), 1975).
13
1.30.100 Determination of the aiE} ae~Rei1 Hearina Examiner.
~t the cORclu~ion of the hcariR~1 The ~ council hearing
examiner shall allow or overrule any or all objections, and
reverse, modify or affirm the determinations of the city
abatcmcnt code enforcement officer and may direct the city
aBatcmcnt code enforcement officer to proceed and perform the
work of abatement if not performed by the owner or the person
in possession of the property within the prescribed time. The
decision of the hearing examiner shall be in writing, contain
findings of fact and conclusions of law, and be filed with the
city clerk within five (5) working days of the conclusion of
the hearing. A copy of the decision shall be sent to each
party appearing at the hearing, and if no appearance was made
by the appellant, to him or her by mail, at the address
specified in the appeal. The decision of the ~ council
hearina examiner shall be final when filed with the city clerk
and constitutes the exhaustion of administrative remedy. (Ord
2187 S2 (part), 1987).
1.30.110 Time for compliance.
If the city council hearing examiner decides that the Order to
Abate should be enforced, the owner, his or her agent or person in
possession of the property shall comply with the order within such
period of time as may be therein prescribed, and in the absence of
any prescribed time, within three (3) days from the date of final
determination. (Ord 2187 S2 (part), 1987).
1.30.120 Noncompliance with order to abate.
Upon the failure, neglect or refusal to properly comply with the
Order to Abate within the prescribed time period, the city
abatement officer may cause to be done whatever work is necessary
to abate the public nuisance. An account of the cost of abatement
shall be kept for each separate assessor's parcel involved in the
abatement.
When the city has completed the work of abatement, or has paid for
such work, the owner of the property shall pay the Rcquirca Fcc(s)
costs of abatement (See also Section 1.41.140). To this amount
shall be added the appeal fee, if it was previously waived. The
combined amounts shall be included in a bill and sent by mail to
the owner, or his or her agent for payment, if not paid prior
thereto. The bill shall apprise the owner that failure to pay the
bill within fifteen (15) days from the date of mailing may result
in a lien or assessment beina Dlaced upon the property. (Ord 2506
Sl (part), 1992; Ord 2187 S2 (part), 1987)
1.30.130 Report and notice of hearing.
14
If the bill is not paid within fifteen (15) days from the date of
mailing, the city abatcmcnt code enforcement officer shall render
an itemized report in writing to the city clerk manaaer ~
eubmittal to tRe city council for hearing and confirmation. To the
report shall be attached the names and addresses of all persons
having any record interest in the property. At least ten (10) days
prior to said hearing, the city clc~[ manager or desianee shall
give notice, by certified mail, of said hearing to the record owner
of each assessor's parcel involved in the abatement, the holder of
any mortgage or deed of trust of record, and any other person known
to have a legal interest in the property. Said notice shall
describe the property by street number. leaal er some otfier
description and tax assessor's ~arcel number sufficient to enable
identification of the property and contain a statement of the
amount of the proposed assessment. (Ord 2187 ~2 (part), 1987).
1.30.140 Hearing on report.
At the time fixed for receiving and considering the report, the
city council manaaer shall hear the re~ort ~ or cause it to be
heard bv a hearing examiner aflff for the DurDose of considerina any
objections of any of the owners liable to be assessed for the work
of abatement or any other persons who may have a legal interest in
the property. The city council manaaer or hearina examiner shall
add to the proposed assessment an amount equal to the cost of
conducting the assessment confirmation hearing. The Council ~
manager. or desianee. may also make such other modifications in the
report as ~ are deemed necessary, after which, BY rceolution, the
report shall be confirmed. Thc reselutioR and moaifiea re~ort of
the cit) abatement l3eara sRal1 ~ be final and conclusive. (Ord
2187 ~2 (part), 1987).
1.30.150 Cost as special assessment and lien.
A certified copy of the resolution assessment shall be recorded by
the city clerk in the Office of the County Recorder. The amounts
and the costs of abatement mentioned in the report as confirmed
shall constitute a special assessment against such property and are
a lien on the property for the amount of the respective assessment.
In addition to its rights to impose said special assessment, the
city shall retain the alternative right to recover its costs by way
of civil action against the owner and person in possession or
control jointly and severally. (Ord 2187 ~2 (part), 1987).
1.30.170 Manner of collection-law applicable.
~ Thereafter, the amounts of the assessment shall be collected
at the same time and in the same manner as city taxes are
15
collected, and are subject to the same penalties and the same
procedure and sale in case of delinquency as provided for
ordinary city taxes. All laws applicable to the levy,
collection and enforcement of city taxes are applicable to
such assessments, eJCcept that if any real property to ..hich
ouch lien ..o~lcl attach hao been tranoferred or cORvcyccl to a
bona fide eRC~mBraRCer for value hao been created aRd attaches
thereon prior to the date OR .l~ich firot iBstallmcRt of Buch
t~lJ(CO 1""Joulcl Bccome acliaqucRt, taeE the 11<:R ..~'hich 1",,;ould other
:;ioc be impesca Bhall Bet attach te BUCR real pre~crty and the
CODt of ahatemcnt aad the C6St of cRforciR~ abatement ..as
confirmed, relating to ouch property, ohall be tranoferred to
the unsecured roll for collection.
Jh.
As an alternative.
imDose an abatement
Section 1.41.160.
the city manager or hearing examiner may
lien U90n the 9r0gerty in accordance with
(Ord 2187 512 (part), 1987).
1.30.180 Violations.
It ohall is unlawful for any person to interfere with the
performance of the duties herein specified for the city asatemeRt
code enforcement officer or any authorized officer or employee
thereof, or to refuse to allow any such officer or employee or
approved private contractor, to enter upon any premises for the
purpose of abating the public nuisance or to interfere in any
manner whatever with said officers or employees in the work of
abatement.
Paying a fine or serving a jail sentence shall not relieve any
person from responsibility for correcting any condition which
violates any provision of a code being enforced pursuant to this
chapter. (Ord 2187 512 (part), 1987).
Amend Chapter 2.26 - Board of Appeals and Advisors - as follows:
2.26.030 Functions and Duties.
The function and duties of the Board of Appeals and Advisors shall
be as follows:
A.
Create a
analysis
including
forum for city-wide discussions,
of critical lssues of building
plumbing, mechanical and electrical
research, and
construction,
installations.
B. Where authorized by a Uniform Code adopted by the city to do
so, investigate and advise as to the suitability of alternate
materials, types of construction, and interpretation of said
adopted Uniform Code.
16
C.
Conduct public hearings and recommend to the city council,
passage of new legislation pertaining to the design
construction of buildings,
the
and
D. Act as an alternative administrative appellate body. at the
option of the citv manaaer. to hear appeals relating to
determinations by the city manager. code enforcement officer,
fire chief or director of building and housing, pursuant to
city-adopted Uniform Codes, that conditions or circumstances
are public nuisances and should be abated. Such codes
include, but are not limited to the Uniform Building, Uniform
Mechanical, Uniform Fire, Uniform Housing, Uniform Plumbing
and National Electrical Codes as adopted from time to time by
the city council. Hearings of the Board shall be conducted in
accordance with the procedures set forth in such Uniform Codes
and particularly the Uniform Code for the Abatement of
Dangerous Buildings or the Drovisions of Chapters 1.30 and
1.40. The decision of the Board shall be final. (Ord 2439 ~2
(part), 1991; Ord 1235 n (part), 1969; Ord 1002 ~1 (part),
1966; prior code ~2. 91 (b) ) .
Amend Chapter 5.02 - Business Licenses Generally - as follows:
5.02.050 Issuance-Prerequisites and procedure generally.
Upon application therefor as provided in this chapter, it shall be
the duty of the director of finance effi~cr to prepare and issue a
license pursuant to this chapter; provided however, that the
director of finance offi~cr shall not issue any such license until
it has been noted on the application therefor that the location of
the proposed business has been reviewed by both the fire department
and the planning department and any other department deemed
appropriate by the finance director, and has been approved in
accordance with the provisions of the building code, the zoning
ordinance and any other applicable code.
The "dutv" of the director of finance and other City officers. as
sDecified above. shall not create a leaal obligation. but merelv
means the Citv officer shall use reasonable efforts to ascertain
that the issuance of the requested license will not result in a
business operation which violates aDDlicable local laws. The
aDDlicant for the license shall have the primarv and continuing
responsibilitv for assuring that the business operation comDlies
with the aDDlicable laws. includina the provisions of the buildina
and zoning ordinances. Bv approvina and issuing a business
license. the Citv is not certifyina that the proDosed business
oDeration will in fact comDlv with applicable laws.
(Ord 2652A ~1, 1996; Ord 2652 ~1 (part), 1995; Ord 2537 ~1 (part),
1992; Ord 2191 ~1 (part), 1987; Ord 1293 ~1 (part), 1970; prior
code ~18.5).
17
5.02.060 Issuance-Compliance with state and local regulations
required.
no liccnoc ohal1 be issued tlflle:ss a full cOffi:@liarrcc 10 RGEl ~.;itfi all
the la.~;o of the. (;1t) afla EJtatc:, Gfl6 \.RCFC: 10:.."0 of the ota.tc 1:cquirc
Cl pcroon to be liccRsca LlRacr aad BY ~...~irtuc of ito lo.:.Jo, the Damc
chall be a cORaitioR ~receaent to the granting of a licence by the
cit), Gnd if ail applicant 00 requirea t5 Be liccRsca B} the state
fia.cJ failca to comply ",Jith the 10.1"....0 of the: :Jtatc, fiG liccRsc ElRall
be iooued by the cit). No license issued under the provisions of
this chapter shall be construed as authorizing the conduct or
continuance of any illegal or unlawful business operated in
contravention of any of the laws of the city or the state. An
aDDlicant for a business license shall have the resDonsibilitv for
obtainina anv reauired state license. and the issuance of a license
by the City shall not relieve an aDDlicant from obtaining any and
all other permits or licenses reauired bv state or local laws.
Ord 2537 ~1 (part), 1992; Ord 1293 ~1 (part), 1970; prior code
~l8. 6) .
5.92.979 Issuance Effcet ef prier lie6Rsing a) statc.
Wh~rcvcr aft applicant fOl: Q liccnoc t5 de BLloincoo in the city io
liccnoccl to do buoincoo under the la.vEl of the otatc, Cl licenoe to
do BLlsir...csB nit-Rin the city ohall not Be acnica. (I'rior coclc
$1B. ,;) .
5.02.080 Issuance-Void when.
If any ~ ~ license has been issued through error, the same
shall be void and of no force and effect. (Prior code ~18.8).
5.02.090 Issuance-Approval of police chief required.
Licenses applied for under Section 5.02.040E
upon written approval of the chief of police.
1978; prior code ~18.9).
shall be issued only
(Ord 1801 ~1 (part),
5.02.100 Denial of license-Criteria-Notice required.
The chief of police may deny the issuance of any license referred
to in the preceding section to any applicant who in his reasonable
discretion is not a fit and proper person to manage or conduct such
business or occupation and/or if such business would be detrimental
to the health, welfare or interest of the city. The director of
finance officer shall notify the applicant of the denial of the
license by delivering a notice of such denial to the applicant.
Delivery of such notice may be made personally or by placing such
18
notice in an envelope, properly addressed to such applicant, with
postage prepaid, sealed and deposited in the United States mail.
(Prior code ~18.10).
5.02.110 Denial of license-Appeal-Hearing-Notice required.
Pill applicant, upon dcRial of ouch liccRDc, ohall hQ~c the ri~ht to
appeal to the council tYem SUCR aenial of the chief of polic~ B}
the filing of a notice of appeal Gna otiltin~ the ~Youndo therefor.
Cuch apl?cal ohall Be filed .w;ith tfic e:ity clerk 1"..lithiR fifteen Ela.yo
~ftcr notification of denial of the license.
The ci t} clcr]( ohClll Esfer the Dame to tfic council :[01: ficariR~ 1 and
ouch applicGRt ohall b<: notified in .uJ:itiRg by the cit} clcrJ( of Q.
timc, date una place of hc:.aJ:ing. Upon gaea .cause being oho'w;n, the.:.
council may ~t ita diocrction oct anothcJ: time for ouch hearing,
and at the time of such hearingl the council shall hear and
determine the cviclcRce preoeRt~cl at ouch appeal. The council GRall
ha"'y~e the. pO'y;er at SUCR RcaFing to aeRY the ioouance of ouch license
or ~rant the Dame, and itD decioioR Dhall be final. (rFioF code
S18.11) .
In cases where a business license or zonina oermit is denied. the
aoolicant shall have the riaht to ap~eal such denial of a license
to the Citv Manaaer. Such aooeal shall be in writina and shall be
delivered to the office of the City Manaaer within ten davs of the
notice of disaualification. The Citv Manaaer or official desianee.
shall hear and determine the appeal within sixtv davs after it is
filed. The hearina shall to conducted in accordance with the
provisions of Chapter 1.40. The determination of the City Manaaer
or official designee shall be final. A fee as set forth in the
Master Fee Schedule shall be imoosed by the Citv Manager as a
condition to filina anv aooeal. The fee shall not be areater than
the anticiDated cost of Drocessing and conductina the aDDeal. and
if the aDDeal results in issuance of the license. the appeal fee
shall be reimbursed to the aDDlicant in accordance with the
provisions of ChaDter 1.40.
5.02.180 Revocation-Criteria.
Every license issued under and by virtue of the provisions of this
title and Section 8.20.020 shall be subject to revocation by the
couBcil director of finance , and such revocation shall be based
upon a failure to comply with any term or terms of this code. ~
revocation shall be subject to a right to appeal to the City
Manaaer or desianee. usina the Drocess set forth in Section
5.02.110 above. Following such revocation, no new license shall be
issued for one year from the effective date of revocation. If,
subsequent to revocation, the director of finance finds that the
basis for the revocation has been corrected or abated, the
19 (R 12/95)
_ ____ w..__..__. _..~_.....~_.__._.__
applicant may be granted a license if at least ninety (90) have
elapsed since the effective date of the revocation. (Ord 2191 ~1
(part), 1987; Ord 1801 ~1 (part), 1978; prior code ~18.31)
5.02.230 Enforcement and inspection 9HEY.
All police officers, firefighters, fire marshals, business license
enforcement officers, code enforcement officers, and designees of
the director of finance of the city shall have and exercise the
power and duty to enter free of charge for inspection of licenses,
at any time during regular business hours, any place of business
for which a license is required by this chapter, and to demand the
exhibition of such license for the current term by any person
engaged or employed in the transaction of such business, all in
accord with the right-of-entry provisions at Section 1.16.010 of
this code and if such person shall then and there fail to exhibit
such license, such person shall then be liable to the penalty
provided for a violation of this chapter.
All police officers, firefighters, and fire marshals shall have and
exercise the power ana a~t) to cause complaints to be filed in a
court of competent jurisdiction against all persons violating any
of the licensing provisions of this chapter.
}...ll f)olicc officcrol of the city ohall have. Gn.a c:m:rcioc tHC I?o..;cr
and duty to ma](c arrest.s far y ielat.iono of thio chapter.
(Ord 2537 ~1 (part), 1992; Ord 2408 ~1 (part), 1990; prior code
~18.38).
Amend Chapter 5.04 - License Taxes Generally - as follows:
5.04.065 Revocation of license-Notice required-Hearing.
The director of finance shall deliver a notice in writing either
personally or by mail to the person or business holding such
license, stating that he or she is reeommeRding to the council
proposing the revocation of fl45 ~ license, and a brief summary of
the reasons therefor. Such notice shall cORtaiR the date, time and
place ;;hcn cach ouch rcc5ffifficnaatierr shall Be made to the council.
~t ouch time aRa ~lacc 0.0 otatca in. the notice the liccRoe.c may
appear and be heard hy the couRcil. 1ft the. C~CRt that the licensee
appcaro and contcsts the. rCvocatiorr, the council mu) set a time aHd
pl~cc for hcarirrg of ouch recommendation fer s~ch rc~ocation. ~t
ouch time aHa place 0.0 oct by the council, hcarirrg Dhall be haa.
The. ccuncil ohall rule upon ouch 1:'1:: v ecatioR and may rc veh:c thc oame
aHa its a~cisieR shall conform to Chapter 1.40 reaardina the riaht
to a hearinq before the revocation mav be made final. (Ord 2537 ~1
(part), 1992; Ord 1801 ~2 (part), 1978).
(R 12/95)
20
Amend Chapter 5.14 - Art Figures Studios - as follows:
5.14.030 Permit-Required for operation-Fees-Taxes-Renewa1.
A. Each application for operating a studio shall be accompanied
by the Required Fee(s) to defray the cost of an investigation.
The fee is not refundable whether a permit is granted or
denied. No person shall operate a studio without first paying
a business license tax. as ~rcscRtl) acsi~Ratccl, or as ma) ift
the future be amcflcle.d, ifl the. f1astcr ':Fa;!: OCRcdulc 1 OcctiOfl
S.lLOJO.
B. No person shall operate a studio without paying a renewal
permit tax. ae prcecntly dceignatcd, or ae IDa) in thc future
bc amcndcd, in thc /1aetcr Tax Cchcaule, OecticR S .11. OJ O.
(Ord 2506 ~1 (part), 1992; Ord 2408 ~1 (part), 1990; Ord 1402 ~1
(part), 1972; prior code ~5.603).
5.14.040 Permit-Issuance prerequisites.
A. No studio permit shall be issued except upon a finding by the
chief of police. based UDon information Drovided bv the
aDDlicant. that the studio is proposed to be operated for the
purpose of providing facilities for use by persons pursuing a
course of study, including the artistic photographic portrayal
of the nude human form, and by persons who engage in artistic
photographic portrayal as a means of livelihood.
B. No studio permit shall be issued to any person under eighteen
years of age, nor to a corporation, any of whose officers are
under eighteen years of age.
C. b Ne studio permit shall be issuea denied upon a finding that
the applicant is not of good moral character. Anyone
convicted of a morals offense shall be deemed not to be of
good moral character for the purposes of this section.
(Ord 1402 ~1 (part), 1972; prior code ~5.604).
5.14.090 Permit-Grounds for suspension or revocation.
The chief of police shall suspend or revoke a studio permit upon a
finding of anyone of the following causes:
A. That the studio is not being operated exclusively for the
purpose of providing facilities for use by persons pursuing a
course of study, including the artistic portrayal of the nude
human form, and by persons who engage in artistic portrayal as
21
(R 12/95)
a means of livelihood;
B. That the permittee is not of good moral character. Anyone
convicted of a morals offense shall be deemed not to be of
good moral character for the purposes of this section;
C. That payment is made by or charges or fees collected from any
spectators or observers, who may be in attendance during
modeling sessions, except that such payment or charges or fees
shall not be deemed to include payments made by legitimate
students of the operator of an art figure studio;
D. That alcoholic beverages have been sold, consumed or permitted
upon the premises of a studio with the knowledge of the
permittee;
E. That the permittee has employed a model or permitted a model
to be employed in or about such studio, either with or without
salary, without requiring such model to obtain a permit from
the chief of police authorizing such employment.
(Ord 1402 ~1 (part), 1972; prior code ~5.609).
5.14.100 Permit-Appeal following suspension, revocation or denial.
All denials, suspensions or revocations of studio permits and
studio employee permits shall be subject to review by the city
ccuRcil manaaer. or the manager's official desianee. who shall
conduct a hearina and render a decision based UDon sDecific
findings within 60 davs after a written reauest for such hearina is
received. (Ord 1402 ~1 (part), 1972; prior code ~5.610) .
Amend Chapter 5.18 -Billiards and Pool Halls - as follows:
5.18.020 Pool and billiard halls-License required-Tax.
Every person conducting, managing, or carrying on the business of
a pool hall or billiard hall, or maintaining any premises wherein
pool or billiard tables or pinball machines are maintained for the
amusement of the public, shall pay a license tax as presently
designated, or as may in the future be amended, in the Master ~
Fee Schedule, O~cEien S.lB.020.. Coin operated machines available
for use in such business establishment shall be licensed in
accordance with Sections 5.60.010 and 5.61.010. (Ord 2408 ~1
(part), 1990; Ord 1433 ~1, 1972; prior code ~18.66) .
5.18.090 Pool and billiard halls-License required.
(R 12/95) 22
_....._~ ....---.-.-,....-..-... '._- --
It is unlawful for any person to manage, operate or conduct any
poolroom or billiard room in the city without first obtaining a
license from the city council manaaer or designee authorizing such
person to keep, maintain and conduct a poolroom or billiard room.
(Prior code S24.81 .
5.18.100
Pool and billiard
required-Contents.
halls-Petition
for
license
Every applicant for a billiard room or poolroom license shall file
a petition with the city cB~Rcil manaaer or designee setting forth
his name and place of residence, how long he has resided in the
city, the building wherein he desires to conduct such billiard room
or poolroom, and the number of pool or billiard tables, or both,
which he desires to operate. (Prior code S24.9)
Amend Chapter 5.26 - Public Dances - as follows:
5.26.060
License-Fire hazard investigation required.
The fire chief shall conduct or cause to be conducted an investigation of the
premises identified in the application for compliance with applicable fire code
provisions, and report findings to the chief of police a1"1) fire. fla~araS ..hieL
Ffl.i~ht a:E'isc: if ell::leL a}?]?liea'tisFl is graHEea. TflC fire: ehie.f aLal1 Sl:\Bffii'E Ris
re196EE. as te ..he:taeE StlCB. FJ:n:miac:s ear.!. safel) se. l:1.sea ..itfl8l:lE BE) aaBara aEi8iI'l~
1sc:eausc af fire. te the. ehief sf peliee. Ia ~h.e e..cat taat the fire ehie.f's
re.FJsrt iaaiea'Ees tHat Eke }?Eemisc:s ma) Bet safel) BE l:lSEa fer aaFleiR~ Beea~Be sf
tRe fire hazara, ae fuytLe:.r aetisH BRall BE. taJr6R ~E.til tRe eSRaitisHS ere:.atiR~
'the La.eara. aa.e seeR ee:n:::cetca.. (Ord 1170 ~1 (part), 1969; prior code ~11.6).
5.26.070
License-Issuance-Appeal and public hearing of disallowed license.
The director of finance sffieer shall, after receipt of the recommendation of the
chief of police, allow or disallow the license applied for, and if said
recommendation is favorable, the director of finance sffie6Y shall forthwith
issue the license upon the payment of the license fee hereinafter provided. In
the event that the chief of police shall present an adverse recommendation for
consideration by the director of finance sffie6Y, and said license shall be
disallowed, the applicant may appeal said recommendation to the city ea~Reil
manaaer or desianee within ten days of receipt of written notice by the director
of finance effiee:.r that the application for said license has been disallowed.
Upon receipt of said appeal and oavment of fee as set forth in the Master Fee
Schedule, the city ~ manaaer or desianee shall set the appeal for public
hearing. At the hearina the city manaaer or the manaaer's official desianee
shall take testimonv and determine whether the aoolicant meets all the
reauirements of this Chanter. and arant or deny the license on that basis. The
decision shall be final. iH aeesraaHee "ita Ce.et.isR GGc:e et SE€',{. af Eac
OS.CYBffieBt Csa.e:. sf tRe state sf CalifsrBia. (Ord 1170 ~1 (part), 1969; prior
code ~ll. 7) .
23
(R 12/95)
5.26.120 License-Suspension
when-Procedure.
or
revocation
authorized
The chief of police of the city is hereby authorized temporarily to
suspend any license issued under this chapter, in the event that
any public dance licensed thereby is being conducted in violation
of any law, or if there is such conduct being permitted therein
which is offensive to morals or decency or which has a tendency to
provoke a breach of the peace. Within five days of such temporary
suspension the chief of police shall file written charges with the
city cleric manager. Within twenty days of the filing of such
charges, the city council manaaer shall cause an investigation to
be made thereof and shall thereupon have power to either revoke the
suspension order or to suspend the license for such further period
of time as it may deem proper, or to revoke and annul such license.
For any violation of any of the provisions of this chapter or for
any cause based on public health, safety, morals, or general
welfare, the city council manaaer may at any time suspend or revoke
any license issued under the terms of this chapter. (Prior code
~11.13) .
5.26.230 Density requirement of premises location.
In the interests of protecting the public and preserving the peace
of the community, no permit shall be issued under the provisions of
this chapter for any premises located within three hundred feet or
less of premises for which a permit has been previously secured
according to the provisions of this chapter; provided however, the
city council manaaer may, upon application and for good cause,
waive said restriction. (Ord 1105 ~2, 1968; prior code ~11.27).
5.26.290 Youth dances-Taxes for permits-Refunds.
The taxes for permits issued under this chapter shall be payable to
the police department in advance, and for the several classes of
permits provided in this chapter, the taxes shall be as presently
designated, or as may in the future be amended~, in tEe 11aster Fee
Cchedule, CectioR ~.2C.290.
In the event that the application is denied or the permit is
revoked, no part of the applicable tax shall be refunded. (Ord
2408 ~1 (part), 1990; Ord 1672 ~2 (part), 1976)
5.26.300 Youth dances-Grounds for suspension or revocation of
permit.
Any permit may be revoked or suspended by the chief of police upon
any of the following grounds:
(R 12/95)
24
A. The misrepresentation of a material fact in the application
for a permit by an applicant or by the holder of a permit;
B. The violation of any provision of this chapter by the holder
of a permit;
C. When the continuance of a permit would. based upon facts and
evidence Dresented to. or Gathered by. the chief of police be.
contrary to the public health, safety, welfare, peace or
morals.
(Ord 1672 12 (part), 1976).
Amend Chapter 5.32 - Garage Sales - as follows:
5.32.060 Penal tv for Violations.
Anv violation of this chapter shall constitute an infraction. and
the administrative citation Drovisions contained in chapter 1.41 of
this code shall be applicable.
Amend Chapter 5.35 - Bathhouses - as follows:
5.35.123 Denial, Suspension or Revocation of License.
Any license issued pursuant to this chapter may be suspended or
revoked by the police chief on proof of violation by the permittee
of any provisions of state law, this chapter, city ordinances or
any rule or regulation adopted and approved pursuant to Section
5.35.121, or in any case where the police chief, on the advice of
the health officer, determines the bathhouse is being managed,
conducted, or maintained without regard for the public health, or
the health of patrons or customers, or without due regard to proper
sanitation or hygiene. Where a license is denied or a license
renewal is denied, or where a license is suspended or revoked by
the police chief, such denial, suspension, or revocation may be
appealed by the license applicant or licensee in accordance with
the provisions of Oectiofls ~.JC.210 thre~~h ~.JC.J20. In the e~eflt
Duerr pro~ioiono ~~~ utilized, the police chief 10 authorized to
tCl)(C t.he act.iono therein rc<!ui:ET.a En: iluthorize:.a of t.RC city mana.ger
ChaDter 1.40. (Ord 2408 11 (part), 1990; Ord 2256 11 (part),
1988) .
Amend Chapter 5.36 - Massage Parlors - as follows:
5.36.130 License or permit-Issuance prerequisites-Appeal of
denial- Transferability.
25
(R 12/95)
A. Any applicant for a permit pursuant to these provisions shall
present to the police department the application containing
the aforementioned and described information. The chief of
police shall have a reasonable time in which to investigate
the application and the background of the applicant. Based on
such investigation, the chief of police, or his
representative, shall render a recommendation as to the
approval or denial of the permit to the city manager Q.;(
desiqnee.
B. The department of building and housing, the fire department
and the county health officer shall inspect the premlses
proposed to be devoted to the massage establishment and shall
make separate recommendations to the city manager or desiqnee
concerning compliance with the foregoing provisions.
C. The city manager, or his designee, after receiving the
aforementioned and described recommendations, shall grant a
permit to the establishment if all requirements for a massage
establishment described herein are met, and shall issue a
permit to all persons who have applied to perform massage
services unless it appears that any such person has
deliberately falsified the application or unless it appears
that the record of any such person reveals a conviction of a
felony or a crime of moral turpitude. The city manager or
desiqnee may recommend to the city council that an individual
business establishment shall be subject to a public hearing
and council approval, when in his judgment any such business
establishment has an effect upon the public health, safety or
welfare of the community.
D. Any person denied a permit by the city manager or his designee
pursuant to these provisions fflfty shall be notified pursuant to
Chapter 1.40 reqarding an appeal to the eity council iR
',oriting, 3tatiR~ rcaOORO why the permit should be granted.
The city council !\'tal ~raRt or deny the per!\'tit and OU8fl
decision Dursuant to Chaj;>ter 1.40 shall be final upon the
applicant. Also, the city council may elect on its own motion
to review any determination of the city manager granting or
denying a permit. in which case. that decision shall then
constitute the exhaustion of administrative remedv.
E. All permits issued hereunder are nontransferable; provided
however, a change of location of a massage establishment may
be permitted pursuant to the provisions herein.
(Ord 1312 ~2 (part), 1970; prior code ~9.42) .
5.36.240 License or permit-Suspension, revocation or denial-Public
hearing required.
(R 12/95) 26
Before denying, suspending or revoking a license or permit issued
pursuant to this chapter, the city manager shall ~ offer the
applicant or Dermittee a hearing as provided in ~ chapter 1.40.
(Ord 1312 ~2 (part), 1970; prior code ~9.53)
S.36.2SQ IIeariR!j" Ne1siec rcquirca.
Upon the eallin'3 of such a heariB!J, the city manager Ghall DaUBe a
~;rittcrr rroEicc of hearing 5~LCif)ifig the time aHa place of flcariR~
and the r~aOOR for ouch a aeRial, ouopcRoiofl or rc~ocatioR to be
ocrvca pCE8oRa.lly or B) mail UPOR the license OF permit holder.
Cuch ocr~icc shall BC made at least fi~c aGio befere the hearing.
The day after mailing ohall Be deemed the first of the fi~c do.yo
for aetermining the fLe aay period. (Ora 1312 S2 (part), 19'70,
prior Doae S 9 . S 1) .
S.Je:.2e:O IIcarif.L~ rreeeaurc g-c.:ac.rally.
~t the time aRd pla.ce \.hich 18 appointed for the hcaring, the cit}
ma.n:tg-:.r DBall hear the partieD ana tah:c cviclcRCC. (Ora 1312 $2
(part), 19'701 prior co6.c S9.:~).
S.36.27Q IIcariR!j" RaIse ef c-.-iaeRse.
The hc~ring Rced not be conducted accordiRg to thc otatutory or
common I a"..! rulcs of c.v.idcncc. l.ny Eclc...;ant e: y idcflCC may bc
admitte:.a and conoidcrca B) thc city manage:r if it io thc oort of
cviclcnce on \y.hicfi rCDponoil3lc peroons arc G.ccuotomed to l:cly in the
conduct of oCEiouo affairs. Ol3jcctiono to cvidcncc ohall be netcd
and a ruling gheB B) tRe city manager. (Ora 1312 S2 (part), 19'70,
prior coae S9.SG)
5.36.280 IIcariBg Dceiaieft ef aete~iBatieB.
At the
order.
conclusion of thc hearing, the: city manager ohall maJu: an
Ouch ardcr cG.n.
~. Diomioo the ~har~cs,
L. Cuopcnd or rc.y.oh:c thc license or permit, or
C. 7\.ffi]{: ouch other C6flditioRal G.fid probatiofiG.ry orders as may be
propcr fer tRc cnforccfficLLt of tRio cha.ptcr. }-~ copy of thc
clccioion opecifying finclings of fG.ct and the reaoono for the
dccioion ohall bc furniohcd te thc liccRsc or pCEmit holacE
\lho oha.ll BC informed of his ri::Jht to o..ppco..r pursuant to
CectionG S.JC.J10 aRa S.JC.J20 sf tRie chapter.
27
(R 12/95)
(Ora 1312 S2 (part), 1970, prior code S9.::;7).
S.3g.298 Effect af ~eeiaioft Bta)e~ _heR.
The effect of G accioien B) the city maRa~~r ohall be otaycd ~whilc
an appcal ta cauBeil is p~RcliR~ or until the time for filing sucR
ap~cill haD cJEpircd C](ccpt as prG~idcd in DcstioR S.JC.JOO of thi8
CRG..ptC1:. (Ora 1312 ~2 (part), 1970, prier coae S9.S0).
5.36.300 IIeariBg net re:~i:E"ea wftCB :affest.
"1hz-Fl.r in the OpiRioR of the cit) maRa~cr there: is an iffifficEliatc
threat to the public health, 'y;clfo.rc or Dafcty 1 fic may deny,
OUDPCRd. or rC"v~oke. a liccnoc er }?crmit ioouca l?l:J.rEluGat to thio
ch~ptcr nithout callin~ a hcaring. The pcroon affected may appcal
ouch dccioion purouant to CcctiOfiS :.:[.310 aHa S.JC.J20 of thio
chapter. The effect of ouch aecision ohall Rot Be otaycd aurin~
E3cfiasficy of ouc::h a1313ca1. (Ora 1J12 S2 (part), 19'70, prier coac
S9. ::;9) .
S.J~.Jle l~peal PoEiEiaR required.
..........fi) pcroon affce::tca by an actiefi tah:cn or purpertEa to BC ta]cc::n
URacJ: Guthori ty of thio chapter, or by a failure to act In
conformit} ..ith thio chapter, may appcal such action OJ: failure to
act by filing .withiR tcn daY5 ef Llllch act er failuJ:c, an appcllatc
pctition .v;ith tHC city cler]c on. a form fUJ:RiLlHcd by her. (Ord 1212
S2 (part), 1978, prior e::eek S9.CQ).
5.36.320 App~al Pehlie heariRg !Jatiee EffeeE af deeiBioR.
THC city clcr]c shall oct thc appeal for public Hcaring. Noticc
thcreef sRall BC published in. a n.c..;opape:J: of g-en.cral circulation. at
lcaot oncc ten dayo prior to the datc of the hearin.g .v;fiich ohall bc
~ithin thirt) clays after appellant files his appellate petition.
~t th~ cOficluoion of the Rearing, council shall by rcoalutian gJ:an.t
or dcny the ap~sal. Whcn the: a13pellatc pctition. io filcd ~;ith tHC
city e::ler:Jc, aRY actioR .which io thc oubject of thc appeal Llhall be
otaycd uI...til council dcciacs Ehe appeal, c:a:cept 0.0 pJ:e v iaca in
CecEioR ~.JC.JOO of thio chaptcr. If council ~raRtD thc appeal,
council ohall direct the appropriate action of the city manager.
If council aCRicD the appeal, thc actieR of the cit) reaRager
becomeo effecti~v~e immediately upon denial. (Ora IJ12 S2 (part),
1970, l'rior cede S9.(1).
Amend Chapter 5.38 - Pawnbrokers, Secondhand and Junk Store Dealers
- as follows:
(R 12/95)
28
5.38.210 License-Revocation or suspension when.
In the event that any person holding a license authorizing him to
engage in, conduct, manage or carryon the business of a pawnbroker
or secondhand dealer, or any agent or employee of any such person
violates or causes or permits to be violated any of the provisions
of this chapter, or has been convicted of any crime involving
stolen property, the chief of police shall, in addition to the
other penalties provided by this chapter, forthwith suspend the
business license or licenses and cause said business to be
immediately closed. The chief of police shall notify the license
holder of the suspension of said license by delivering a notice of
such suspension to the license holder or his agent or employee.
Delivery of such notice may be made personally or by placing such
notice in an envelope properly addressed to such license holder
with postage prepaid, sealed and deposited in the United States
mail. A licensee, upon suspension of such license, shall have the
right to appeal to the city council manaaer from such order of
suspension by the chief of police by the filing of a notice of
appeal. Daying aDDroDriate appeal fees as set forth in the Master
Fee Schedule and stating the grounds therefor. Such appeal shall
be filed with the city clcyJ, manaaer within fifteen ~ days after
notification of suspension. The citv manaaer shall utilize the
Drovisions of ChaDter 1.40 reaardina notice. aDDeal and hearina
aoverning the exhaustion of administrative remedy for the
revocation or susDension of Dermits. (Ord 1931 ~1 (part), 1981; Ord
1761 ~1 (part), 1977; Ord 1008 ~2 (part), 1966; prior code
~17.18(A)).
5.38.220 License-Public hearing on suspension/revocation.
The city clerk manaaer shall refer the notice of appeal to tRe city
cemwil for hearing in accordance with Chapter 1.40, and the
licensee shall be notified in writing b) tRe city clcrl, of the
time, place and date of hearing, which shall be not mere ~ than
ten days from the filing of the notice of appeal. upen ~eea cauec
being oho..;n, the courrcil ma) at ita diocrctioR, oct another time
for ouch h~aring or contiRuc ouch hearing, ana at the time of ouch
hcarin~ Ghall hear cvidence pycocntca at ouch QPp~al. ~hc ceuncil
ohall ha v C the p01;,:cr at sueR hearing te 6l:lS!3cnd ouch license:. for Q
l:caoofiablc pcriocl of time or rcyo]cc ouch licenoe. The ouopcnoion
or rC'v~OCQtiofl of ouch liccRele oRall be se.lcly '"ylithin the aiocrctien'1.
of tRc council and GRall be final. If the license or licenses of
any person licensed by this chapter is so revoked, no license shall
be granted to such person to conduct or carryon such business
within six months after such revocation. During the period of
suspension or revocation, the chief of police shall sequester any
pledged or pawned goods and hold said goods at the police station
in the city or other secured location, and shall post an
29
(R 12/95)
appropriate notice at the place of business that such goods may be
reclaimed at the police station. (Ord 1761 81 (part), 1977; Ord
1008 82 (part), 1966; prior code 817.18 (B) ) .
Amend Chapter 5.44 - Race Tracks - as follows:
5.44.020 Operation deemed nuisance-Abatement.
Any violation of the provisions of Section 5.44.010 is
declared to be a public nuisance, and upon order of the city
couRcil manaaer or official desi9nee, the city attorney ~hall mav
immediately initiate proceedings necessary for the abatement or
enjoinment of such violation in the manner provided by law. (Prior
code 820.42).
Repeal Chapter 5.48 - Closing Out Sales
5.18.919 ExcmptisBs te applieasility.
The pro~isioB~ of thio cha~tcr ohall net a~ply in the caGe of.
~. CalcB sonauctcd B) erasr er proc~BB of a court of cempetent
juriodictioR,
:c. C;:llcEI conduct<:a B) pUBlic efficers ouch as marsaalo and
oflcriffo in accoFaarrcc .vy.i th the.ir J?o..;cro aRd clutico,
c. Calco maclc under an ilBSi~RffiCRt for the BCRcfit of crcdit.erD
gcncrall), pFo~idcd, that facto of ouch termination aHd
liquidation be clcarl) set forth in the ~ublic announcemcnt of
~uch ~alc.
(Prior ceae S10~.1).
5.18.929 CleaiBg aut aale acfiBea.
NhcF.l.cvcr uocd iR this cha.pter, tfic t.erm uclosiR~ out oalc" ohall
m.:.afl any offer to oell to the. pUBlic, or sale to the pUBlic, of
good::J, ..:aFCO or mcrchafldioe. upon. the imfllieEi or eJi:preooed
rcprcocRtation that sueR Dalc io in aRticipatien sf thc ccaBiR~,
diocontinuJRce or tcrminatiorr of a buoirrcss, or tflJt ouch Dale io
othcJ.: thaR ifi thc orclifiary coursE. of BuoiaE.ss. without limiting
thc general it} of the ab6ve:., a flclooin~ out oalc" Bhall includc an)
oalc aclvcrtiocd OF reflreocntca, cithcF sflccifically or in
oubotancc, to ee.. fladju5ter's sale, tI 1t00amiRistrator' 0 00.1.::., II
"ban](ruptcy Balc," "creditor' 0 oalc, II JlcloElc out oalc, It "e:.:H:CCl1.tor' 0
(R 12/95)
30
0"____.._...._..._..._
Llillc, II "end of busiflCSS Dalcf" "final sale, IT "forced out of
buoincoo sale. I" II inool ~v~cnt sale I II .. iR~v~cntory liquidatioR sale,"
,. " . ,,, ,,' ~ ea'!'B sa=te "
"iRvcrrtory claDe aut sa.......c,., "1R~v.cntory .......lsposa......., .......13.0...... ,
IIlco..oc cJ[pircs sale I" IIliquidatien sale 1 II IT lo~t lcQ.oc Dale, II Itm~st
~v.;]'C;:1tc Dalc,lI nquittin~ BUDirrcDD Dalc," "J:<::,cclvcrrJ Dalc,:1 It,?cll~ng
out sale, II .. otoc]( dioE'esalr II II otoch: Dell out, IT II 8tO(:]( llqulaatlon
Da.le I" "tc1:ffiination Dille 1 11 II nind up Dale I II or aft} other term
tcndin~ to COR"y"CY to the public that UJ?Oil the diB]:?oBal ;5f the, stach:
of gooElo on ha.nd the BusiRCOO "YO"ill ccaBC aRe. be dlocontlnucd.
(rrior code S10A.2).
31
(Ii II/!)I)
5.18.930 LiccBBc Requircd.
PIo pcrOOR ohall ad~crtise or conduct a cloDin~ o~t sale or Dell or
offer f3J: oale aft} ~OOdD, nares or fficrchaRdiDc at a sale
r~presented to bc a cloDing o~t Dale ;..ithout firot obtaiRin~ a
llcensc to cORduct s~ch cloDing o~t salc. If such Dalc io to Be
condu~tcd at a public auctioR, theft iR additieR to the pro~ioiono
of,thlO chapter, the pro:ioionD af other applicable provioiono of
thlO code or other cit} ordinancca shall appl}. (rrior code
no,'..]) .
S.f8.919 LiecBae ~plieaEiaB CaBtcnEa re~irea.
h~plicatio~ for lice~oe rcquired by this chaptcr shall be filed
;llth the flRaRce offlce~ br the person cORcluctin~ the closiRg out
oale, at ,lcaot ten, dayo pI:J..or to the:. CGmmeRccm<::at thereof. Ouch
appllcatJ..on for IJ..ccnse ohall Be in "ow.ri tin~, oignecl aRd wv.erifiea
undcr oath, :try the }?croon ow.ho iRtends to conduct such oale aRe!
c::ach aPI?licatioR ohall oet farth and cGRtaiR the foll~i.;ing
J..flformatlen.
P..
Dcoc~iption and strcct locatiofl of the place at ~ fi fi
ow .Lie ouc
Gale iG to Be held,
B. Thc n;:).ture of the occupanc), ".;hetftcJ.: by o~v,;rncrshi}? or lcase or
oublcaoc and if BY lease or oublease, the cffecti~e datc of
termination of ouch tenancy,
c.
D.
E.
~he means to be e:.mployecl in publiohin~ Rotice of ouch oale
to~ethcr ",,;ith the prepooea contcRto of such aa~,,"ertisiR~, ,
~he ~actB ~n Fegara ta the inselvency, baR](ruptcy, aoai~RmeRt,
recel~crohJ..p or other cauoe for the dissolutioR of the
buoincBs,
J...n i~"'v.e~tory or statcmcRt octting forth the quantit) and
deocrJ..ptJ..on of all ~oodo, ;;ares ana merchanaioe to bc oeld at
~uch salc. -<'''.loll ~ooao, "...arcs aRa mercha:adioe liotcd upon the
J..flventory OJ: statcmcnt shall be 05 described in aetail by let,
~~mBe~, braRd flame ana other additional detail 00 that the
~den~J..~} of _o~ch ~ooao "ow.ith ~hc in"'vcRtory liotiR~ may be
:cadll) de:.tcrffilned. hll conol~RmcRt goeds lioted Up5R the
lnvcfltory or ~tatemeRt ,shall be 00 ae.sigRatecl. no conoi~nmcRt
goodo may ~e lncludea 7n the oale unless ouch conoigfled goodo
Lave: becn III tfie GppllcQnt's poooco5ien for a.t l.cast thir-t)
claro prior to the filifi~ of the application 30 required by
Uns ehapter,
F.
In the.:. c"'v~cnt
auction, thc
auctioR oalc.
that Gueh Gale:: ..ill be:: eOR8.ueted at !,uBlic
flamc of the.:. auctionccJ: ;ilio ohall cOflcluct ouch
(Ii 11
32
1)
(rrioy code SlOA.1).
5.18.050 D~ainess license SHrreBaer rc~irea ~ffieB.
~o ~ cOB~ition to the ioouance of a clooirrg out sale ~iceBoe, aD
Daid liccnoc i::l aefined in this CRaptCJ: 1 the G.ppllcant ohall
CGBBCRt to the E(: v scation of tfie apJ?licant I 05 BusiRcBB liccnoe
iosuc~ ~uJ:ouant to the pro~ioions of cha~tcro :.~2 an~ :.01, If
the clooing out sale liccnoc io issLlea, thc appll,caRt,' S Buolrrcoo
liccrroc ohall BC acemed rC'vo](ea u~on the C)[plratlon of thc
clooing out Dale liccRse or any C)(tcRsi5R thcrcof. (Ord 7:2 Sl
(part), 19(1, prior Dodo S10~.I.S).
5.18.0g0 LieeBDc IBwestigatisn af applieaBt Issuancc Fees aRa
TaxcD Agreement re~irea.
The finance officeJ: ohall Ratify thc chief of ~elice of the filin~
of the a~plicatieR arra the chief of policc may makc, or cauoe to bc
made, an c](aminatieR or iB"'v~eoti~atiorr of the state~ento ]?U,t fsr~h
in ouch application, or of the ap}?licant aRd hlO, affalrs, ,ln
J:claticn to the propoDca closiR~ out Dale. If thc chlef of ~ollce
findo that thc otatemento in tRe applicat,ioR arc, true" th~t the
ad~ertioin~ to Be uDed io rrot falsc, acceptlvc eJ: mloleadlfl~ lrr arry
YeDpect, and that the prepeses methods, of condtlc~ing the oale GEe
not ouch 0.0, in the opinien sf tRe chlef sf pollce, ..auld :lork a
fraua OJ: miorc}?J:eacn.tation on. the purcRaser, th<:n tRe, ChlCf of
police ohall appro~e the application aRa th~ finaRce offlce~ shall
iaoue ~ licenoe to conduct ouch 6 Dale In accoEaance 'vv'lth tRe
provioion.o of this CRa~ter, other.l~oc ~he chief of ~olic<: shall
dioapproyc the applicatlon. No appllcatlon for SUCR llce,noe ohall
be acceptea B) the fiRaRce officer Llnleoo, accaffipaRlcd b) a
nonrefundable RC.ejl1irca Filin~ Fcc (a) . rro71acd fuytheY, th~t
..hcne~eE the ~ooso, ;;ares OJ: m~rchandi5e io t~ be sela at publlC
auctioR ana io a (ltoc]( of )c.;elry, tRen In. that, event thc
application requircs in thio chaptcr ohall be acco~paRle6 by a ta][
in an amount as preoentl) aeoignatcd, or 0.0 ma) ln the future,Be
affienae6, in the f1aotcJ: Tax Ochcaule, .scctiOR :.10.,oCO. J'...t the t~ffie
of dclivcJ:Y of OU~R licerroe, the li~cnoee sha~l ~lgR t~c follo.:ln.g
agrccment to be .;ltneoBcd by the flR6Rce offlceI or hlO dep~t).
"~hc aBo~e liccn.oe io accepted b) the unclcEoigncd
upon the conditioR that licensce,a~ree8 to compl~
;Jith, and abide by, all the prov~Blono of CR~pteI
:.10 of the Coae of the Cit) of Chula Vlsta,
California. II
~ e 6 S3: ~ td 3:99Z! 8:t:=e Z!488 S3:: (I?G.rt), 1990, prior cede
Or 2S0 par, ,
33
(I( 1)/92)
no."..::;) .
S.~8.e79 Lie~Ra~ CsnditisRB
.aliait} ReRe~al.
fer
issuance reriaa
af
}'...n.y Ii,cellac iooucd under thc pro~v~ioiono of thio cha}?tcr ofl.J.ll
autho~lBC the conduct aRa aawcrtisiR~ af the ane t}~C of Dale named
th~rClfll ana at l?catioR specified thcrcifl, for a period of not
IRO): e:: than forty fr:e calendar daY:3. I'ro':ided hm;eve::r, tEat tEe::
fin.aRcc Dfficcr ffia} I L1J?6R a v cFificd applic:atieR thcrefor ycnc1""y.
DG.i~ ,liccRoc, ~or a pCl:ioB. Rot t6 cJCccca fiftcCR cia} 0.' Cuch
verlfled petltlon for renc.ml :3hall incll:lek a li:3ting of :3uch
J.:c~a~Rdcr ,'Socd:::! f ..;arco or mcrch.arrclioc rCffiaiRiR~ ifi otoc]( from tHC
oJ:l:glRal lR v cRtory ana ofiall fiot conta.in any 900do, 1""v.o..YCO 01:
fficrcflaRclioc 1..ot Ramed iR thc EJJ:i!3iaa1 G.l?plication. If Q Dale 18 to
be c?nductcd at tuG or ~orc locatioFuJ Dcparatc lice:BElco mUElt BC
obtZJ.~n~d fe.r (:.acI;- IscatloB at wlaiea thc oalc toJeco placc. 'fhc
conaltlons prescrlbed a:3 pre::ce::dent to the issl:lancc of a licen:3e for
one locati?n sRall.be:: the:: :3ame condition:3 to be:: :3ati:3fied for anl'
aRe. all llccnscs l:3:3ued for more than one location. Ctoc]w of
m~FchaBcl~oc . iB I.JareflOUoeo Bot locateS. OR thc premioeo for .wlRicR
Ilcen:3e:: l:3 l:3:3ued, :3hall be li:3te::d on :3eparate inve::ntories. If
oalc of mcrcRaRaioe: io to BC COR6.Uctca at tae: .wlarch.ouoc location.,
a :3eparate lice::n:3e :3hall be required. No per:3on ....ho ha:3 not bee::n
th.~ o.wner ,of recoFa of a Bu~iBcDs for \:aich ouch. liccBoc io DOUgh.t
for a perlod of at le::a:3t :3lX lRonth:3, :3hall ~c grante::d a lieen:3e::.
(Ord 7S2 S2, I9CI, prior code SIO~.C).
5.18.989 ~ieeBae aes~e sf ~aliai~y.
~ny.licenoc iooued undcr the pro~iBieRB of this chapter shall Be
vall? only for the:: ad':erti:3ing and eoncll:lcting of sale of tEC
part~cul~r gOOdD, :warcs an.d fficrcflaRdisc dCBcFibcd iR th.e origin.al
appl~catloR th.e:refor, aRa auriBg tae paFticulaF timc, ana at the
pa.rtlcular locatioR otatecl thereiR aRB. BY thc particular a.pl?licaRt
thcFcfor, aRa aRY rCBe.w.,ral, replcRioh.me:Bt or ouboti tution of ouch
good:3, ~ares or merchandise, or cEange:: of time or place:: of :3ueh
salt:, or ch::lngt: sf pc.rseR cenductiRi3 such. Elale Elaall Be: uRlao.:ful
a.nd oha.ll rcndcF ~uch liccnoc ~oid. Each aRa c:eF) Elale of goodo,
...arco or ffie~~chaRdloe aD I.laS Rot iBcluEled iR thc oFigina.1 in~y~cntory
oha.ll conotltutc a Bcparate offcnBC uRder th.iD chapteF. (Prior
code SIO}'.. 7) .
5.1.8.999 Re.esraa ~e 1ge ]te~~.
Suitable: Fceoras of dail} Dales Elaall bc kept by liccRElec an.a Elaall
be made:: available:: on reque:3t of the chief of police or appointee.
iR y t:stig::ltoro. 'fae chicf of police or appeiatea iR y eotiga.tsrs
(I:
34
:Jhall at
pcrmittcd
nith LlLlch
0.11 timcD
to cxaminc
rccen:aD.
ha.y.c accc:JS to slich rcco:r:6.s
all merchanaioe OR the premioeo
(rFioF coac S10h.D).
aBd 5ftall be
for comFJarioon
5.18.199 D~aiBeaa lieeBae ReataratisB ~raeeaare.
If a. bUDifle.OD lice:.Roe of a. pcrDoR haD been Fe~y"o](ed purouaRt to thc
pro~ioiono of CectieR ~.1D.O~O, aRd said pCFSGR ..ishcs te obtain a
buoincss liceRse tD CORduct buoiRe:.SD at thc Dame locatiDR nhcre he:.
cORauctca hiD cloDc out Dalc, at any timc ::itfiiR oi]( ffioRths after
thc tcn\1ination of thc clocK out []alc, hil3 application for a
bUl3inel313 liccnl3e I3hall be l3ubmittcd by the finaB~e officer to thc
cit) courrcil for ita aFJFJro.".al OJ: dioap!?roval. The city council may
di03ppro,,~ the iSDuaacc of Daid bUDirre:.DD licenoe if it ae:.tcEmirrco
that the clooing out oale. liceRsc prc'\,-iously obtaiRcd by thc
a!3I?licaRt fo:!: thc buoirrcoo licenoe .,,10..0 obtained ..".ith no ouboto..ntial
irrtcnt of goiag out of buoineoo. (Ord 7~2 Sl, 19C1, prior code
SlOF..8.C;) .
5.18.110 BuaiBcaB liecBBe Na~iec
issuance Hearing.
af
EiiBa~l'E'aval
af
~he cit) firrancc officcr ohall deli~cr 0.. notice in \:riting either
pCEDonall) or by mail to the:. applicant for 0.. buoineoo licenoe,
I3tating thcreon that the city council may dil3approve thc il3l3uance
of Daicl bUDirre.sD lice:.nDc if it dctcrmincD that the cIooing out Dale
licenl3e prcvioul3ly obtaincd by thc applicant for the bUl3incl313
liccnl3e ,;al3 obtaincd ,lith no l3ubl3tantial intcnt of going out of
bUl3inel3l3. Caid notice I3hall contain thc datc, timc and placc ;Jhcn
oaid aI?plication ::ill bc Dubmittea to the:. city council. ht Daicl
timc aRa place as statecl iR the netice the applicant ma) appear aRd
be heard by thc city council. (Ord iS2 S1 (part), 19C1, prior codc
SID},...O. 7) .
5.18.129 BaaiHeaa lieeHae lIearing l'E'aeea1:lre.
In the evcnt that thc applicant appearl3 bcfore the city couBcil and
rcqucsts a h~aring, the cit) ceuRcil mG.) set a time aRd place for
aaiEl heariR~. ~t saia timc aRd place, as Dct by the cit) c6Llficil,
a fic.ariRJ3 ahall be had. 'fEe cit) couRcil Dhall a13pro"',,-c or
dioappEo"c the application for a bUDineaa licenoe, 0.0 pro~idcd in
Ccction S.i0.100, and itl3 dccil3ion I3hall be fiBal. (Ora iS2 Sl
(part), 19C1, prior coclc SID~.B.9).
Amend Chapter 5.54 - Taxicabs - as follows:
5.54.120 Certificate-Grounds for suspension or revocation.
35
(Ii 6/92)
A. Certificates may be suspended or revoked by the police chief:
1. The owner fails to operate the taxicab or taxicabs in
accordance with the provisions of this chapter,
2. The taxicab or taxicabs are operated at a rate of fare
other than that which the Certified Operator shall have
on file with the police chief.
B. The city council manaaer or Dolice chief may suspend or revoke
a certificate where it finas the owner's past record involved
violations of city, state or federal law or endangered the
public safety.
(Ord 2408 ~1 (part), 1990, Ord 2003 ~2 (part), 1982).
5.54.290 Appeals te city ceuRcil.
Any actions taken by the police chief under this chapter are
appealable to the city council manager pursuant to ChaDter 1.40.
An &tleft appeal to the Citv Manaaer must sfiall be filed with the
city clerJ, manaaer and aDDroDriate a"veal fees ",aid within ten days
of the action of the police chief. (Ord 2408 ~1 (part), 1990, Ord
2003 ~2 (part), 1982).
Amend Chapter 5.58 -Tow Trucks - as follows:
5.58.090 License suspension-Notice required-Appeal-Public hearing.
In the event that a licensee under this section shall violate or
cause or permit to be violated any of the provisions of this
chapter, the police chief may suspend such license and shall notify
the licensee of such suspension by written notice stating the cause
and reason for such suspension. Appeal may be made by the
applicQBt to tfl~ citj ceuficil, and the dccioion by the council,
after a public hearin~, shall BC final to the Citv Manaaer pursuant
to ChaDter 1.40. (Ord 2408 ~1 (part), 1990, Ord 2003 ~3 (part),
1982, Ord 1416 ~1 (part), 1972, prior code ~18.304(F)).
Amend Chapter 8.04 - Food Handling Generally - as follows:
8.04.040 Violation deemed nuisance-Abatement authority.
Any establishment or activity which is found by the health officer
to be unsanitary or a menace to the public health or which is in
violation of this chapter or of the California Restaurant Act is
declared to be a public nuisance. The health officer is authorized
and empowered to take such action as is necessary to preserve or
Iii
36
protect the public health or safety; the health officer is
authorized and empowered to summarily abate such nuisance;
otherwise, the health officer shall request th~ city couRcil to
inotruct the city attorney to seek a court order abating the
nuisance. or request the citv manaaer to abate pursuant to Chapter
1.30. Nothing contained in this code shall be deemed to limit the
right and duty of the health officer to take immediate action in
the interests of the public health, safety and welfare.
The remedies authorized by this section are not
cumulative to other remedies provided by law.
1963; prior code 115.4).
exclusive, but are
(Ord 855 12 (part),
Amend Chapter 8.08 - Food Handlers' Permits - as follows:
8.08.040 Appeal from denial or revocation.
A person aggrieved by the denial to him of a permit or by the
revocation of a permit pursuant to Section 8.08.050 may appeal from
such denial to the city ceuRcil manaaer in the manner set forth in
GectioR 8.08.2GO ChaDter 1.40. (Ord 855 12 (part), 1963; prior
code 115.9).
8.08.110 eHspsnaien er re7eeaticn r~lic hearing re~irea.
The director of pUBlic health GRall order that Q hcarifi~ Be Belal
.litfi fiimoclf aD hC;J.ring officer, to actcrmiRC I..fie-they or not the
BealEh permit of an cotabliohfficRt sfioulcl Be SI:lSpCRaE.6. or rC~v~o](cd
uhcrc'v cr it appca.ro to himl by reaDOn. of c::ithc::r citi:'iH::.n compla.int
OF health dcpartmcrrt iRvcstigation, that the holder of ouch pCEmit
or hiD employec, ocr. aRt or a~cRt, or any pcroon Q.ctin~ ..itft his
CORDCBt or under hiD authority I has or may h:rv~c .v~iolatcd. liBY
pYo~isioR of tRio chapter or arry rclC::vaRt requircmcnt cotaBlisfiea
or ~re ;ided by 1 a',. . Guch hearing3 3hall be hela iR th~ couRcil
chambenJ of the cit). (Ord 8SS S2 (~art), 19CJ, ~rior code
SlS.19) .
8.98.159 rublic hearing Ne~ie6 re~irca Perm.
Upon thc dctcrminatien that a hcaring bc fiela pur8uaRt te Cccti5R
0.00.110, thc health officcr ofiall immcaiatcl) servC upon thc
pcrmittee by pcroonal ocr~v~icc or B} rc~isterea mail at pcrmittec I 0
buoincoo OJ: rcsidcRe::e addrcoo a noticc of hcaring, ".:fiiefi sfiall
pro~v~idc oubotantially as follo\.;ro.
IINOTICE OF IIE..~..RInall
To. (name aRd adaress of ~~rffiittee)
37 (1< 11/91)
Notice io hereby ~i~eR that on ..... ..... the Director of rublic
IIeGlta of C.:ln Diego County aRa tae cit} ef Chula Viota, ordered
that 3. EcariR'3" be held on ... (date aRd hour)... a.t the cOl:lfle::il
Chambero of the city of CEula T..7ista. to determine -.;hcther or not
IIeo.lth rcr:mi t no......, iooued to ) GU for the eBtabliohmefit h:fleufi
aD.... ...... ... should be ouopendcd or rc.e](c6..
liThe actiofiS OJ: iRactiaRo complained of arc as fello-./o. (oct forth
GCtiORS or inactiono and the dGtes of such, and the code occtiono,
ota.tuteo, OJ: rc~ulatiofiB ~iolo.ted) .
IIDe prepared to pre Dent e~ideRce and ..itRCBSCS on your behalf at
this hearing if you so desire. ~ou may Be re~reseRted by le~al
cauDoel. Your failure to appea.r ~Jill Rot ~rc~eRt the iooua.nce of
aR order of ouopenoion or re-...-OCGtioR Daould such order appear
justified by the e7idence preseRted."
(Ora 8~~ S2 (~art), 196J, ~rior code Sl~.20)
8.G8.1CG rublic hearin~ Rules ana preeea~re ~enerall).
The follo~;iR~ ruleo and procedurcs Bct fortE in Sectiono 0.00.170
throu~h. 0.00.2:0 DEall ~o... erR hearin~o held purouaRt to thiD
chapter. (Ord O~~ S2 (part), 19E:J, ~riGr cGee Sl~.21 (part))
8.08.170 rH~lie hearing IIearin~
diaqualifieaEien.
effieer CreunEia
fer
The director of public health shall Be the heariR~ officer. Upon
the dioquGlificatioR of the director of public health. to act aD
hcarifi~ officer, either OR h.iD OuR fflotiOR or that of the permittee
.:lcceded in by the director, aft) mcmber of the board of health. ma)
act .:l0 hearing officer. The sole groundo for dioqualification arc
fino.Rcial iRtercot, biao or pre) uciicc, E'rior h:fie.;ledge of facto
GloRe doco not conotitute biaD or ~Ycjudicc. (Ord 8:: S2 (part),
19CJ, prior coee Sl~.21(~)).
8.08.188 peelie h~arin~ Time.
The h.eariR~ datc shall be fiB leoo than ten and no more th.aR th.irty
cia) s follouifi~ the date on '.;hich notice tfic:rc:of \laB BeRt to th.€:
permittee. (Ora 8~~ S2 (~art), 19CJ, prior code S1~.21(D)).
8.88.198 rublie hearing CeRtift~aRee.
The heariRg officcE may order ouch c8RtiRuaRce er c5Htinuanceo aD
he deeffiCJ Reccooary and propcr. (Ord 0:: S2 (part), 19C2, }?rior
1.04 -(Ii 11 1)
38
COck nS.21(C)).
8.98.2G8 rublic hearing TranseriptB.
'I'LL. city 10 not rcquirE.6. to furnioh a 8flertflan~ rcportCl: 51: ~ny
other metho~ of reporting the hearing, the permlttee ma). furnlDh
ouch at hiD Dole. G.R6 B.oRrcimburoa.blc C08t aRe e::npr:noc If fie. .r.JO
aeBireD. (Ord ass S2 (part), 19C3, prior coae nS.21(D)).
8 98 2~e r~51ie hearing Wai~cr af irreg~lariticB Exccptiafi.
. .
:~y pEoccclural or c.videntiary iFFc~ulaEitics 1ft the hcaFiR~ earc
6c:e.mca tB be ..;0.1 ~v~cd unlcoo 013] cctiOR 16 tah::cn thcycto aft. a
Dpecific ruling re~ueBtea thereon. (Ord 8SS S2 (part), 19C3, prlor
coae nS.21(E)).
8.88.220 rublic hcariag Finainge.
.specific firHlifigsl iflcluding a. findin.~ that the: }?ublic hcalth!
oaiety and ~.clfarc GEe. subject te a clc?r, Qnd.pr~DcRt daRgcE, ma)
be maac but GEe. not EcquiFCcl. If opcclfl~ f~naln~o GEe. Ret ~adc
the hcarirrg officer shall make :1 !3cRcral ,flrrdlrrg t~at the a.ct~ono
OF iRactiefto cemplo.ined of, aD oct fO,rtJ:l 1R t.1~.e. ne:t1cc of flear1n.!3,
are true or ~Rtrue., aRe that ouch o.ct1ono OF 1nact10n.o d~ or do ~ot
conotitute 0. violation. of the condition oet fOEth. In. Oect1eR
8.00.0S0. (Ora 8SS S2 (part), 19C3, prior coae SlS.21(F))
8.88.230 rublic hearing Deeiaiaa and eracr.
If th.e h.eariR~ efficer findo that the acti5RS er in~ctiono
complained of arc untrue. h.e. shal,l orde~ that the proceed~n~s b~
clismiooed. If the hcariR~ eff1c(:r f1ndo that the act10RS ~I
in.Gcticno complained of arc true, ana that 0. ~iolat~on 0.0 aforeoa1d
h.ao occurred, he ohall orcler e.ithe.r that the perm1t be OUDl?,CRclecl
for 0. period Ret te cH:ceed oi)( month.EJ 01: ,th.at t~e. perm1t be
re~,{oh:ecl. The. dccioion o.Rd order of the. he.ar1n~ off1cer ohall be
final uRlcss an appeal io to.](eR purs~aRt to Ocetiefi O.OO.2CO. (Ord
8SS S2 (part), 19C3, prior coae SlS. 21 (0)) .
8 98 ~49 P~lic hcarift~ retitien fer meaifieation or rcaciBaion of
. .
eraer.
If the hearing officeF orde.rs that the permit be ou?p~nded for 0.
certa.in period, the peymittec may ouboequently pct1t~on for the
modification or yeocioDiofi of th.e order of Stl.5P<:.r:-B1on a.,nd tI:c
rciftstatement of the ~ermit. Tfl(: hearing off1ccr, 1ft fl18
Elioc1:ction, may grant or den.y the pctition, or ,he m~y ,g-raRt the
petitien oubject to the cCRdition of the 1mpoo1t1on of 0.
39
(Ii 11/91)
probo.tionc:u:y pcriod, during ..;hich }?c1:iod an) ~v~iolation b) thc
?crfflitt~e of the condition oet furta in O~ction 3.00.0~O is ~roundo
for OUfflfflGl:) ouopenoion of tRe 1?cl:fflit for the refflaina.er of the
?cried eotabliohed BY tRC oril3ino.l order of ouo?errDion, and io 0.100
groundo for tRe inotituti5ll of ne~l procceclingo fel: BuopenDiorr or
revocation of the permit. The order sf the hearing officer \.ith
rcopcct to ouch petition io final, and no admifiiotrati~c appeal
Gflall lie tflerefrem. (Ora S:: S2 (part), 19CJ, f'rier ceae
n:.21 (II)).
8.88.258 pwelie hcariB~ PresatioB procedure.
~. If the hearin~ officer ordero that the pe~mit bc ouopcnded or
rc v okcd, hc mo.), irr the interests of j uBticc and equity,
further order that the order of GUGpenGion or re,ocation Be
ot~yed o.nd the permittee be placed orr proBatioR for a pcriod
not to CJ;:ceca thJ:TC ) earB. The hea.ring officer ffia) grarrt
I:)]:obatiorr OR Duch cORditiono 0.0 he deeffio to be fair aRa
reCloonable. If the permittee is diooatisfied \.ith the order
of 1?~GBatiGR, o~ ..ith tRC cencl.itiono thereof, he may reject
the offer of }?robatioR iR w.hich C~v eRt thc ordcr of Ouol?cRoion
or revocation Ghall become final, if the f'ermittee is
GatiGfied with the order of probation he Ghall inaicate such
aooent, aRa hio agreemcRt to be bOURd b) the termo thcrcof, by
a.ffiJcirrg hiD oigrrature thereto.
D. Upon the charge by the health officer of the violation BY the
permittee of a conaitioR of probation, ;J. hc~ring oha.ll be held
pursuant to this scction, limited to the iooue of ;;hether or
not ouch condition ..,;0.0 in fact breached. If it is fouEd tha.t
the corrditiGR ..as breached the original order of ouol?cnsiell or
rcvocation oha.ll bc fOFth.with cRfercea, and probation in the
oamc matte~ oRall Rot be ~ra.nted again.
C. UpOR the petitien of the permittee fOF termirratierr of
probatioR and Fclcaoe from the conditiono thereof, the ruleo
ana proceaures establiGhed by Dection 0.00.210 hereof shall
apply eKcept that the hearin! efficer shall either grant or
deny ouch petitioR aRd Dhall Rot impose aft) condition on ouch
grant or dcr'iial.
(Ord O~~ S2 (pay}:), 19CJ, t3Fier ce6.e Sl::::.21(I)).
8.Q8.2€Q ~pcal Precca~rc gCBerally.
P~y permittee ~ggrie~ed by the decioioR or the order of the heariRg
offiCCl: or b) the aenial ef an a~~licatien fer a h~alth ~cFmit ma},
within fifteen aa}s sf the aate of the written announcement of the
dccioion and oFder or of the dCRial, a.ppcal to tke city council.
1.04 -ili 11 1)
40
""_'_">>_~""'_'''___'_ . .-.-..-.--" "'^'-" ._ u.__~.. ..,___.
Cuch ~ppe~l ~hall be effected by depositing in the office of the
city cler], ,;ithin oaia fiftu:a e:a)E! a notice of appeal ..fiich octo
forth the notice of fiearia~ aaa the decioion aaa orekr of the
h.caring officer. The clcrh:: oaall preZJeBt th.e notice of appeal to
th.e ci t) cOl:lRcil at tfie:.ir nCJrt rC!3ular me:e:tiRg, at w.fiich time th.e
couRcil shall set thc mattcr for h.e:ariR~ at the earlie:8t Elate
poooible iB lig-h.t of its regular buoineoo. 'fhe fJermittee ohall
aloo file a statement oetting forth. th.e re:.aSGHB aHa grounao w.h.ereiR
and by '"hich he claiRw to Be a~~rieJed. (Ord ass S2 (part), 19C3,
prior code Sl~.22).
8,08.270 Appeal Rules aRa re~ula6ieRs ~eRerall}.
'I'he follmJing ruleo and procedureo oct forth ia Cectieas 8.08.280
throl:l~h 0.03.JOO shall ~o;ern appcalo purouant to th.io chapter.
(Ora 8SS S2 (part), 19G3, prior code SIS. 23 (part)).
8.98.280 Appeal Effect af filiR~.
~oa the filia~ of tfic notice of appeal the oracr of tfic fieariag
officer ohall be otayed unless tfic ficaria~ officer fias found tfiat
tac }?l:lBlic hcalth, oafety and \w.clfarc are: tRreateRe:a, ia .w;hich caoc
th.c dircctor of ~ublic health ohall ma](c ouch oraer or ordero aD
3rc neccooary to oafe!3uara the ~ublic he:.alta, aafety and \lelfare.
If the permittee a!3reeo in \;1:itiR~ to comfJly .w~'ith ouch orser or
orclcro pending the outcome: of the a~fJcal, the order of the aearing
officcr ohall in that caoe a180 be otayed, otaerw.isc it ohall not
bc otaycd. (Drd O~~ S2 (part), 19CJ, prior code: Sl~.2J(~)).
9.98.299 Appeal nearing' by eS1:1Beil.
Thc city cOllrrcil ma} hear and conoider any rclcvaRt cvidence in
connection ~lith. ouch appcal, but the council may prc8llmc that thc
accioion of tac h.carirrg officer .w~'a.o oupported by oufficicRt arra
sUBstantial cJidenee. (Ora 8SS S2 (part), 19C3, prior coae
SIS.2J (D)).
8.08.J99 ~p6al ~plieable rreceBHres
'fae fJEerv.ioiono of Cection8 0.00.190 through O.00.2~0 apply to
hca.ringo conducted fJuroua.nt to taio oection, pro~idcd, that in the
hCQ1:irr~B conducted pUrOUQRt to tai8 oectioB, the city COllRCil shall
exercise tfic pe..cr5 "Ji. cn to the hearing officer by oaid oectiono,
and fUEthcE J?re v iaca that the dccioion ana 5J.:acr of the cit)
council ohall ~e fin~l for ~ll purpooco. (Ord ass $2 (part), 19CJ,
pEiol: code:. Sl~.2:(C)).
Amend Chapter 8.32 - Weed Abatement - as follows:
41 (Ii 11/01)
8.32.020 Weeds or rubbish-Serving of notice to remove-Contents.
The notice required by the preceding section shall be given by
posting in a conspicuous place upon the property, land or lot
located in the city upon which, or upon the street, parkway or
sidewalk in front of which such weeds, rubbish or other material
may be, a notice headed: "Notice to Clean Premises" in letters not
less than one inch in ICfi~tfi heiqht, and which shall be in legible
characters, and which directs the removal of the weeds, rubbish or
other material, as the case may be, and refers to this chapter for
further particulars. Personal service of a notice similar in
substance upon the owner, occupant or agent in charge of such
property, land or lot, shall dispense with the posting of the
notice herein provided for. (Prior code ~14.39).
8.32.030 Weeds or rubbish-Notice to remove-Appeal procedure.
Within ~ ~ days from the date of posting of such notice, or in
case of personal service of notice, within ~ ten days from the
date of such personal service thereof, the owner of or any person
interested in such property, land or lot affected by such notice
may appeal to the cotlficil city manager pursuant to Chapter 1.40
from the requirements thereof. Such af'l?cal shall be i:s lIyritifl~ and
3hall be filcd ',lith the city clcrJ(. At thc fiC)ct rC~tllar !!lectin", of
the councilt it shall ~reeccd ~e Rear aRa ~ass U~OR 8UCfl al?!,cal,
Gnd tfic acciiJiorr of tfic council thereupon ohall be fina.l and
conclu3ive. (Prior code ~14.40).
8.32.040 Weeds or rubbish-Owner or occupant duty to remove-Time
limit.
It shall be the duty of the owner, the agent of the owner or the
person in possession of any lot in the city within ten days from
the date of posting of the notice provided for in Section 8.32.010
or in case a personal notice is given, within ten days from the
date of such personal service thereof, or in case of an appeal to
the cOtlficil city manager within ten days from the determination
thereof, unless the same is sustained, to clean and remove
therefrom and from the street, sidewalk or parkway in front of such
property, all noxious weeds or vegetation, except such as are
cultivated and grown by such owner, agent or person in possession
of such property for ornamental purposes, or for food for man or
beast, or for fuel, and all dead trees, tin cans, refuse and waste
material of all kinds which may endanger or injure neighboring
property, or be detrimental to the health and welfare of the
residents of the vicinity, or such rubbish, weeds, noxious
vegetation or any other material as may be deemed a fire hazard,
and as such endanger the city, and the removal of all such weeds
1.04 -(Ii 11111)
42
and vegetation, or other materials of all kinds hereinabove
specified shall be completed within ten days after receiving such
notice, as hereinabove provided for in this chapter, or in case of
appeal to the eotlFleil citv manager, within ten days after the
determination thereof, unless the same shall be sustained. (Prior
code Si14.41).
8.32.070 Assessment of charges-Appeal of determination.
The determination of such charges by the fire chief as to the
amount so assessed may be appealed to the cetlFlcil citv manager
Dursuant to ChaDter 1.40. If, upon appeal, the requirements of the
original notice are modified or the amount so assessed by the fire
chief is modified, the fire chief, in removing, or causing to be
removed such articles, rubbish, weeds, vegetation or other
materials, or in making such assessment as hereinabove provided
for, shall be governed by the determination of the eeuFlcil so made.
(Ord 1588 Si1 (part), 1974; Ord 1509 n (part), 1973; prior code
Sil4 .44) .
Amend Chapter 9.12 - Gambling - as follows:
9.12.210 Bingo-Application denial,
revocation.
license suspension and/or
A.
The chief
license,
applicant
has:
of police may deny an application for a bingo
or suspend or revoke a license, if he finds the
or licensee or any agent or representative thereof
1.
Knowingly made any false,
statement of a material fact
record or report required to
or
misleading or fraudulent
in the application or in any
be filed under this chapter,
2. Violated any of the provisions of this chapter.
B. If after investigation the chief of police determines that a
bingo license should be suspended or revoked, or an
application for such license denied, he shall prepare a notice
of suspension, revocation or denial of application, setting
forth the reasons for such suspension, revocation or denial of
application. Such notice shall be sent by certified mail to
the applicant's last address provided in the application or
shall be personally delivered. Any person who has had an
application for a bingo license denied by the chief of police,
or who has had a bingo license suspended or revoked by the
chief of police, may appeal the chief of police's decision in
the manner provided in ~ chapter 1.40 to the city manaaer.
43
(Ii 11/01)
(Ord 1695 ~2 (part), 1976).
9.12.229 DiR~e ~pcal preeesHre.
Whenever aD G~~cal is pre;idcd for in t~i6 chapter, ouch appeal
oh~ll be filea ana conductea aD prcocrihca in thia oection.
~. Within fiftecn calcnaay dazo after the notification of any
denial, Duo~cnsieR, Ecvocation or other decisioR of the chief
of police, an a~~ric~ccl ~arty ma) appcal Gucfi action by filing
..ith the city clcrJ( a. 1,IYittcn a!3!,cal Briefl) oetting fortfi the.
rcaoono .y;hy ouch denial, EllHJ}?CRSiofl, rc v oco.tion or otficr
dcciGion io not propcr.
[;. Upon rccci}?t of OUCR "..FittCR appea.l, the city clerk sRall
rcfcl: the same to the city council for hcarifig, and the
appellant ohall he rrotifica 1ft .writing by the city clcy][ of
the timc, date and place of flcaFiR~. Upon good caUGe being
oho..n, the council may, at ita diocretion, oct another time
for ouch hearing, ana at the time Bf Bu~h hearing the council
ahall hear and deteymine the ~ro~ricty of the actioRo of the
chicf of ?olicc, base a upon c~idence preoented at such appeal
RcaFing rc.lc vant to the denial, ouol?cRsioR, 1:e v~ocation or
othcr deciGion of tfie cfiicf of ~olicc. Tfic cit) oouncil ofiall
recei~e c~idence and the ma)or, u?on the aa;ice of the city
attornc}, ohall 1:ulc on the aamiooibility of e~ideRcc ana OR
queotiono of la~;. Thc formal ruleD of e~iaeRcc applicablc in
a court of la..1 oaall Rot a}?}?l) to ouch hearing.
c. ~t the concluoion of the hearing I the city couRcil may uphola
the denial I ouopenoioR, revocation or other deciaioR of tac
cRief of police, or taEY ma) allo\l that .which haa been aeniea,
reinstate that .y;hich haD been ousJ?cRaca or 1:c.,ro]ced, or modify
or revCFse an) ather decioion of the chief of ?olice \;hich io
tfic subjeot of thc appcal. Tfic council _itfiin fivc dayo ofiall
filc ".;ita thc cit) clerk r.,;rittcR fiRdingo of fact and.
concluoiono of la_, aRa ito dccioion ohall bc final.
(Ora 1C9S S2 (part), 197C).
9.12.300 Casino Parties-Denial or Revocation of License.
If the license is denied or revoked, the chief of police shall
prepare a notice setting forth the reasons for such denial or
revocation. Such notice shall be sent by certified mail to the
applicant's address provided in the application or be personally
delivered. Any person who has had an application for a casino
party license denied or revoked by the chief of police may appeal
the decision of the chief of police to the city oouncil manaaer
1.04 -(Ii II 1)
44
Dursuant to ChaDter 1.40.
(Ord 2253 ~1 (part), 1988).
Amend Chapter 9.13 - Live Entertainment Licensing and Regulations -
as follows:
9.13.090 Allowance or denial of application and appeal.
A. The chief of police shall issue, conditionally issue, or deny
the license for which application is made. The chief of
police shall have the power to deny any application if it
shall appear that the applicant, or the person to have direct
management of the premises, is not a suitable or proper person
to carryon the business for which the license is sought, or
if the premises proposed to be used in the conduct of the
business to be licensed shall be deemed not to be a suitable
or proper place therefor, or if the health, welfare or public
morals of the community warrant such denial. The chief of
police may issue the license upon such conditions as he
determines would eliminate the situations which would
otherwise result in denial of the license. Otherwise, the
chief of police shall issue the license. The applicant may
appeal from the denial of license, or from the issuance of a
license upon conditions, in the manner provided for herein.
B. Any person aggrieved by the denial of a license or by the
issuance of a license upon conditions may appeal to the city
couficil. 8uch appeal ahall, ;;ithin five cla)B aftcy R6ticc of
denial of Q liccRDc or iODUGrrCC of Q licenoe upon conditionl
be filed ',dth thc cit) clcrk, ',.ho shall [Jet the matter for
hearing a[J [Joon a[J practical ana netif) B) mail the chief of
police aild the applicant OF liccRDcc of the time and place oct
for [Jaid hearing manaqer pursuant to Chapter 1.40. Any
interested person may appear and present evidence at the
public hearing. If the appeal is from the denial of a license
or from the issuance of a license upon conditions, the city
council manaqer or desiqnee may deny the issuance of the
license, issue the license, or issue the license subject to
specified conditions if it determines that by the imposition
of such conditions reasonable obj ections of the chief of
police would be eliminated. The action of the city council
manager or designee on such appeal shall be final.
(Ord 1833 11 (part), 1978).
9.13.120 Suspension or revocation.
In addition to the causes for denial of a license as set forth
herein, any license issued under this chapter may be revoked or
suspended at any time after a hearing, notice of which has been
given to the licensee more than ten days prior to said hearing,
when the city council manager or designee finds:
A. The conduct of the establishment is contrary to the public
45
(I: 11/91)
interest, or does not comport with the public welfare; or
B. The establishment has been operated in an illegal, improper or
disorderly manner; or
C. Any person listed in the license application has violated, or
permitted any violation, or has been convicted of a violation
of law in the course, conduct or operation of such business.
A conviction in any court of competent jurisdiction shall be
sufficient to justify a finding under this section, excepting
convictions for misdemeanor traffic violations.
(Ord 1833 !';1 (part), 1978).
9.13.130 Convictions.
Upon receipt of a certified copy of a judgment of conviction of a
licensee under this chapter of any violation of any provision of
this chapter, the chief of police may immediately suspend the
license or licenses of such convicted licensee, remove such license
or licenses from the premises and deliver the suspended license or
licenses to the city council manager for safekeeping pending a
hearing pursuant to Chapter 1.40. If a hearing is requested. t~he
council citv manaaer or desianee shall immediately thereafter set
a date for a !,u131ic hearing no later than t..cnty fi-JC ten days
after the date of suspension. At said hearing it shall be
determined whether the license or licenses should be suspended
further, modified, conditioned or revoked. The council citv
manaaer or designee shall notify the licensee in writing of the
decision. which will then constitute the exhaustion of
administrative remedy cauoc for OUDPCROioR ana thc date aRa place
of the hearing no leaD than ten clays esfers thc date set fer aucfl
hcaring. (Ord 1833 n (part), 1978).
9.13.140 Noise abatement.
Whenever after a hearing, notice of which must be given ten days
prior thereto, it shall be determined that noise from any
establishment licensed under this chapter interferes with the right
of persons dwelling in the vicinity of such establishment to the
peaceful and quiet use and enjoyment of their property, the ce~ncil
city manaaer may require that the premises be soundproofed in a
manner that in thc jua~fficnt of thc council will bc cffcctive to
eliminate the noise or reduce it to a reasonable level. In taking
any action under this section, the co~ncil city manaaer must
balance all of the interests of the respective parties, as well as
the hardship which will result from any order. If the council ~
manager finds that the noise complained of is of a minimum or
inconsequential degree, no action shall be taken under this
section. If a licensee fails within a reasonable time, and after
1.04 -(Ii 11 1)
46
having been ordered to do so pursuant to this section, to take such
steps as were ordered to abate any noise, his license shall be
suspended after a second hearing, ten days' notice of which must be
given, until such time as he complies with the order. The
provisions of Chapter 1.40 shall be utilized for the appeal. (Ord
1833 !H (part), 1978).
Amend Chapter 9.18 -Rental of Housing for Drug Activity as
follows:
9.18.050 Declaration of Public Nuisance.
In addition to any other enforcement action, the citv manaaer. or
city attorney may declare an alleged violation of Section 9.18.020
or the activities described therein to constitute a public nuisance
and may commence abatement of the conditions giving rise thereto in
accordance with Health and Safety Code Section 11570 or Chapter
1.30 of this Code. (Ord 2337 ~1 (part), 1989).
Amend Chapter 10.80- Abandoned Vehicles - as follows:
10.80.010 Purpose and intent of provisions-Vehicle declared
nuisance when.
The purpose and intent of the Council in adopting
sections 10.80.010 through 10.80.120 is to establish procedures ~
accordance ,;i th the pro. isioRs of pursuant to Section."- 22660 to
22664 of the California Vehicle Code for the abatement, removal and
dismantling disposal. as public nuisances, of abandoned, wrecked,
dismantled or inoperative vehicles or vehicle parts thereof from
private ]3ropcrt) or public property, not including highways, and
the recovery of the cost of administration and removal thereof
pursuant to the provisions of section 38773.5 of the Government
Code of the state of California. In addition to aRa iR accoraaRCC
~;ith the dctcFffiiRati6fl made aEd tae autfiority gyantcd by the otatc
of C~lifornia under Dc-sticR 22C(0 of tae Vehicle Code of the otatc
of CalifoEfiia to rcmo~y.c abarrdorrca, .v;rcch:cd, dismantle-a or
inoperative vehicles or parts thereof as pUBlic RuisaRces, the city
makes the follmdng findings and declaratioRs.
The accumulat.ion. aHa stEn:agc of abaRaoncd,
'.,Jl:cc]rcd, dioma.ntlcd or inopcrati v c. v cRiclcs or
parto thereof on pri~Qtc or public prOpcFty
not including high_a)s is fouRa to create a
condition tendiR~ to reaucc the value of
private property, to promote Bli~ht and
dctc1:ioratioR, to in~itc plunacrin.g, to create
fire hazardo, to CoRBtitutc an. attYacti~c
nuioaRcc crcatiR~ a ha~ara te the health and
oaiety of m.iflors I to create G. harBoragc for
rodents and insects and to be iRjurious to the
hcalth, oafety and gCficral ..clfaFc.
47
Thcrcforc, thc prcocncc of an abandoRcd,
.v;rcc]ccd, diomantlea or inoperati "v~e ~v efiicle er
parto thereof, on pri~ate or public ~reperty
not includin~ fii~fi..a} s, eJccE.!'t 0.0 eJcpreooly
hereinafter permitted, is declarcd to
cOilotitute a ~l:lblic nl:liSGRCe 'i.vfiich may be
a.bated aD OUCR ia accerdance ,lith the
pro~ioiono of oections 10.00.010 threl:l~ft
10.80.120.
(Ord 2CC8 Sl (part), 199C, Ora l~~O Sl (I3art), 1971, ~rier cede
Sl9.2J01) .
19.89.929 DefinieienB.
A3 US"" in s""tiens 10.80.010 tfireufj"fi 10.80.120, tfie follm;ing
termG and pfiraGeG Gfiall be interpreted and conGtrued aG Get fortfi
herein.
A. "IIigh',my" meanG a ',my or place of ',;hatcJer nature, puJelicly
maintainca and open to tRe tiDC of the public for ~l:lY~OOCD of
vehicular tFa v el. IIigR'i..a) iaclW:1cs otrcet. 'I'fic term u!,uBlic
pro~erty'l aoeo not include "fiigh~;ay."
D. nO'i..ner of tRe landl! meano tfie On~ncr of tRe land on nRicR tfie
~y~ehicle, or parto thereof, io located, 0.0 oho...-a on the laot
equali3ed aGs"ssm"nt roll.
c. II O.v.-neF of the vehicle II FReano the laot regiotered O1",;ncr, and
legal m;ner of record.
D. "Vehicle" means a device by ',lhich an) persen or property may
be propelled, moved or dra',m upon a high',my, except a device
FRoved b} human pOner or us cd c)(cluoi~v<:l} upon stationary railo
or trac](o.
B. "Building official" shall mean the director of builEliRfj" and
housiR~ and/or his er her deoignee.
P. "City aba.tement efficerTl oRall be. tfie. city officer re8ponsible.
for enforcement of the ordinances being violated and .;ho
ir..iti.:lll) acclarcs said ~i5latioR te BC a !,uBlic lluioa.r.Lcc.
(Ord 2CCO Sl (payt), 199C, Ora 1JJO Sl (part), 1971, prior code
Sl9.2J02) .
10.80.02.3-0
Exemptions from applicability-Scope.
The provisions of sections 10.80.010 through 10.80.120 shall
not apply to:
48
A. A vehicle, or parts thereof, which is completely enclosed
within a building in a lawful manner, or otherwise stored in
a lawful manner behind a solid fence, gate or wall not less
than six feet in height, and where it is not readily visible
from the street or other public or private property; or
B. A vehicle, or parts thereof, which is stored or parked in a
lawful manner on private property in connection with the
business of a licensed dismantler, licensed vehicle dealer, a
junkvard dealer, or when such storage or parking is necessary
to the operation of a lawfully conducted business or
commercial enterprise. This exceDtion shall not. however.
Nothia~ ia this section shall authorize the maintenance of a
public or private nuisance as defined under the provisions of
law other than this section Chapter 18 of Divisioa 11 of the
Ych.iclc Code ef th.c: ota.tc ef Califorrria I a.nd
sections 10.88.818 through 10.80.128.
(Ord 2668 ~1 (part), 1996; Ord 1338 H (part), 1971; prior code
~19.2303) .
19.89.91.9 Regulatiol'is RaE 6neluai-,,-c.
The pr3vioiofiO of DcctiofiS 10.00.010 through 10.00.120 arc Rot the
cxcluoi~v~c rcgulatioR of abandoned, .;rcch:cd, dioma.ntlce. or
inoperative vehicles ~lithin the cit}. They shall supplement aRa BO
in addition. to tHC other rC~tllatory codeol otatutcs aRa ordinarrcco
Rcrctoforc or hcrcaft~r cRucted by the cit), the otatc, or a.ny
other legal entity or a.gency fiG.lag juriodictiofl. (Ord 2C(0 Sl
(p1art), 199(, Ord 1220 Sl (part) I 1971, prior ceae S19.2J01).
10.80.0J.5-0
Enforcement
e:n:aminat.ioR.
authority-Right
of
entry
~
Except aD otfu::J:o.;ioc E3rO~v~idcd herL-ift, th.c pro"v~ioiono ef
sections 10.80.818 through 10.80.128 shall Be administered ana
enforced by the €City aBatement officer. 1R the cRforcement of the
occtiORO citea abovc, ouch officer Gila hiD dcputi~a ma) cEtcr u~on
pri~Qtc or public prepcrt} to cleQminc Q ~chiclc SF partD thereof,
or obtain informatien ao to the identity of a ~chiclc (and to
removc OF GaUGe the rcmoval sf a vchicle or parts thereof) declared
to be a RuioQRCC purotlQnt to the occtions cites abo~c, in Decors
..v.ith right of cRtr) l?ro-,;ioiono oct feJ:th in. ocction I.IC. 010 of
this coae. Provisions of this chapter shall be administered bv
regularly salaried full-time employees of the City except that the
removal of vehicles from DrODertv may be by any other dulv
authorized Derson. Any such authorized Derson may enter UDon
private DroDerty for the 9urDoses sDecified in this section to
examine a vehicle. and remove or cause to be removed the vehicle
declared to be a nuisance pursuant to this chaDter. (Ord 2668 ~1,
1996; Ord 1338 ~1 (part), 1971; prior code ~19.2305) .
49
~----'~_._-'- --~-_.'._-~'-~--~---" .._.....,.~---_.....-
10.80.0.1-6-0
Abatement-Costs-Procedure
required - Ferm.
generally
Notices
Any vehicle located on DrODertv other than a hiahway may be removed
as a Dublic nuisance and disposed of in accordance with the
followina Drocedures:
A. WLcR the cit) e::BLlR~il Rae! contracted \.lith or granted Q
fFGRCfiisc to aR) ~cr8eR or ~crseRsl SUCR pCFS5R or pcroono
ohall be authori2cd to entcr UpOR pFi~atc property or public
prOpcFt), 1R accord ~;ith ri~ht of cntF) pFG~i6ioRS set ferth
in. occtiOR I.IC. 010 of thiD coac, to rCffiO.y.C or cause the
removal of a vehicle or part3 thereof declared to Be a
nui3ance pur3uant to 3ection3 10.00.010 through 10.88.128.
Not less than ten (10) davs Drior to any removal or disDosal
of a vehicle. a notice of intention to abate and remove the
vehicle as a public nuisance shall be issued unless the
property owner and the owner of the vehicle have sianed
releases authorizina removal and wavina further interest in
the vehicle. The notice shall contain a statement of the
hearina riahts of the owner of the vehicle and of the owner of
the DroDerty on which the vehicle is located. The statement
shall include notice to the DroDerty owner that he may appear
in person at a hearina or mav submit a sworn statement denvina
responsibilitv for the Dresence of the vehicle on the land.
with his reason for such denial. in lieu of appearing. The
notice of intention to abate shall be mailed. by registered or
certified mail. to the owner of the land as shown on the last
eaualized assessment roll and to the last reaistered and leaal
owners of record unless the vehicle is in such condition that
identification numbers are not available to determine
ownershiD.
B. The city couRcil shall, from time to timc, aetermine aRa fiJ(
an a.mount to be assceJsccl aD aclmiai8trati.y.c COEJtEJ, CH:cluclin.g
the actLlal cost of rcmo7al of aay ~chiclc or paFto thereof,
under the sections cited abo~c.
The cost of removal and disDosal of any vehicle and the
administrative cost thereof mav be charaed against the person
who is determined to be responsible for the maintenance of the
vehicle as a Dublic nuisance.
C. U!?OR clioco.v.cring the cx:iotcncc of an abaaaoRe.a, '.JTccJccd,
diom~Rtlecl, or iIl.OI?erG..ti~y~e ~y~ehiclc, or parts thereof, OIl.
pri"ate property or public ~rep~rE) ..ithifl the city, the cit)
.:lbatcfficnt officer saall Rave tRC authority to CQUOC the
abatcmcnt and rcmoval tRcrcof iR accordancc ..;i tR thc
proceduree pre3cribed hereifl. Vehicle mav be disDosed of bv
removal to a scraDvard. automobile dismantler's yard or any
suitable site for processina as scraD.
50
D. ~ ten au) ROt ice of inteRtioR to abate and remo~e the ~ehicle,
or parto thereof, as a public Ruis6Rce shall be mailed b)
certifiea mail t6 the o~;ner of the lana and to the O..Rer of
the ychicle, tlRlcoo the 7chiclc is ifl ouch conditien that
identificatien numb~yo arc Rst availaBI~ to detcrminc
o'..RerLlhip. 'I'h~ noticeD of irrterrtioR shall 13<: in DUBstaRtiall}
the follr::n.iRi3 formo.
II!lOTICE OF IUTEUTION TO ABATE MID REUO\7'E
MJ 1'1..BMIDOUED, WRECKED, DIG!WITLED, OR ItJOJ?ER..~..TI"lE
VEHICLE, OR rARTt:J THEREOF, AEJ A PUBLIC NUIt:JANCE TO.
CHume aRa addreoo of o\;rrer of taL: laRd)
1\.G onncr BfiOnn on tfic laGt cqualizcd
assessmeRt rell of the land locatcd at
(addreoo of proEJerty)! you are hcrcBY Rotified
that the underDigned, purLluurrt to caapter 1.JO
of Titlc 1 of thc Chula ViGta muniei~al eoac
haLl dctcrmiRea that theye e)(iDto upon oaia
lana an (or ~arts of an) abandoncd, '..-rcekcd,
dismaRtled er iRepcrati~c ~ehicle, regioterca
to (name of 6uRer of "'v.chicle), licenoe numbcr
. . . . . . . . . . , \.aich C6Rstitutes a public
RuisaRcc pursuaRt t6 the pro~ioiono of chaEJter
1.20 of Title 1 of thc municiEJal codc.
You arc hereby notified to abate oaid nuioarrcc
by thc rcmoval of Gaid vchiclc (or Gaid partG
of a vcfiielc) nithin 10 daYG from tfic datc of
mailing of thio notice! and uEJon your failurc
to ao 00, the Dame ,.ill be abated aRd rcm6vcd
by the city and the cooto thcrcof, togctacr
..ith admiRistrati"'";e cooto aooeooed to you aD
Q\mcr of thc land on ..hich Baia ',fcfiielc (or
oaid parts of a vehicle) io located.
1\G tfic o....ncr of thc land on ..hich Baia '.Tcfiielc
(or oaia parto of a vehiclc) is 16catcd, you
arc hcrcby notificd that you may, ...itfiin 10
cla)s after th~ mailin~ of this notice of
intcntion, rcqucGt a public hcaring and if
Guch a request is Rot received by the building
official or fiis or her dcsi~Rec ..ithin such 10
day period, the city abatement efficer shall
have the autherit} to abatc aRd reffiSvC oaid
vchicle (or said partE! of a vchicle) as a
public nuioancc ana aOLleos tac cooto as
aforeoaid ,.i thout a public he:aring. 'Iou may
oubmit a D".lorn ".;ritteR statemcRt ..ithiR such
10 day pcrioa acnyin'3 reB~orlGibility for thc
51
prc~cnce of oaid ~chicle (or 3aid parto of a
~ehicle) en said land, ..ith your reaSORS for
aenial, ana s~ch statement shall be C5flatrtlea
13.0 a requeot for EcaFing at ".;Rich ) e~r
~rcDence is not requirLd. ~ou may a~~car in
perseR at any HeariR~ requcstea BY you or the:
O./Her of the vehicle or, iH licu thcJ:cef, may
prescnt a O...~orfl ..J:itteH otate:.meflt 13.0 af6rLsaid
in time for conoiaeration at s~eh hearing.
Notice Hailea
II
"UOTICE OF IUTEtITION TO ABATE MID REUO"."E
A11 1.Bl.:tmO!TED, WRECKED, DID!t.....!lTLED, OR I!lOl'E~""TI"."E
VEHICLB, OR PARTE) THBRBOF', 1.E) A PUBLIC nUIE)MlCB TO.
(name aHa addrcss of laot regiEltcrcd aRcl/or
legal O..IRcr sf record of ~v.chiclc
notice sHould be ~iveR to betH if diffcrent)
}...s laot rcgiDtcrcd (aRa/ or le~al) o.v;ncr ef
rccord of (clcseriFJtion ef ~v.chiclc ma}(c,
model, liccRse, ctc.), jeu arc hereby notificd
that thc unacroignca, pursuaRt to
sEction 10.00.010, haa ae:terminca tEat oaid
vchicle (or paJ:ts of a vehicle) c)(iots as an
.J.bandoRed, ..rec](cd, dismaRtled or iRo}?erativc
"'v.ehicle: at (dLscribe 10catieR OR public or
pri ~v.ate: J?roFJerty) ana conoti tutes a p~blic
nuioancc J?urouQnt to tEe provisions of oaid
ceae:. EJcction.
~ou arc herCB) Ratificd te abatc oaid Ruisance
by the rcmoval of oaid vehicle (er oaid parto
of a vehicle) ~;ithin 10 aa)o from the aate of
the mailing of thio Betice.
}.EJ rcgioterca (ana/or legal) a'.IRer of re:cera
of Daid vehicle (or Daid parts of a v~hiclc) ,
)ou arc L.<:.reB) notifica that you ma), '.;ithin
10 days after the mailiR~ of this Hoticc ef
iRteRtion, req~eDt a public hearin~ aHd if
ouch a FCqucot is Rot receivca by the building
official or his 01: her dcsigRec "~;itfliH ouch 10
day peried, tEe city abatement efficer ohall
hu y"'C the a~thority to abate and rem07y.c oaia
~,;ehie:lt: (oJ: oaid pa1:ts of a .v e:hielc) "n"ithe~t a
hca1:iRg.
Notice Hailed . II
52
(Ord 2CCO Sl (part), 199C, Ord 1JJ8 Sl (payt), 1971, prior code
S19. 2JOC) .
lO.80.0~'10
Abatement-Public hearing required
when-Notice D~ilaiBg effieial Manaaer or his or her
designee authority.
iT7" UFioa rCEfLlcot by th.c o\;aer of th.c veh.icle or thc o\;acr of th.e
land received by the building official or hi~ or her de~ignee
',oithin ten day~ after the mailing of the fletice of intention
to aBate [lad remo~v~c, [l fJublic h.e[lFia~ oh.all be h.eld by th.e
bLlilain~ official or h.io or h.er acsi~acc on tkc Efucotion of
abatcment Gad remo~GI of the ychicle or parte thcreof ao an
abandoncd, ".;recked, cl.iBmafitl<:.er or iflepcFati v C v chicle, after the
asoeoomeRt of tfic Gclminiotrati~c cooto and the coot of Fcmoval
of the "v~ehicle or parto thcFcef agaiftst the }?ro}?ert) Oft ..hich.
it i~ locatea. Upon re~uest by the owner of the vehicle or
owner of the land on which the vehicle is located. a public
hearina shall be held before the city manager or desianee.
This reauest shall be made to the manaaer or his desianee
within ten (10) davs after the mailina of the notice of
intention to abate and remove the vehicle.
B. If the CuRcr of th.e laRa oubmito a O"n~orn "w.~FitteR otG.temcRt
clSR)iR~ respoRsibilit) fOF th.e prcoence of th.e 7ch.icle on h.io
land ',oithin ouch ten day pcriea, saia statcmeflt ohall BC
CORstFtlCer as a request feF a heariR~ \lh.ich doeD Rot reqLlirc
hi~ pre~ence. Notice of the heari,,'3 shall Be mailed B)
certified mail, at leaot ten dayo before the hearing to the
C..ReI of th.e laRa aRa to the G..ReF of the vehicle, Llftless th.e
vchicle io ift oLlch CORclitioft that iaeRtificatioft ftLlffibero are
not LlvLlilable to aeteFffiifte o..ftcrshiJ? If Duck a FeqLlest for
hearift~ iD not receivea 'n~ith.in saia ten aaYD after mailin~ of
thc noticc of intcRtion to abate aRa rCffio~c, the city sh.all
have the authoFity to abate ana remo~e the ~ehicle or parte
thereof a~ a public nui~aflCe ',lithout holding a public hearifl"j".
The owner of the land on which the vehicle is located may
appear in person at the hearing. Instead of making an
appearance. he mav present a sworn written statement. in time
for consideration at the hearing. denying responsibility for
the 9resence of the vehicle on the land. with his reasons for
his denial. This statement shall be construed as a reauest
for a hearing which does not reauire the presence of the owner
submittina the reauest. If it is determined at the hearina
that the vehicle was placed on the land without the consent of
the landowner and that he has not subseauentlv acauiesced in
its presence. then the costs of administration or removal of
the vehicle shall not be assessed aaainst the propertv upon
which the vehicle is located or collected from the landowner.
53
c. ~ll hearin~o uncler oectioRS 10.00.010 through 10.80.120 ~hall
Be hcld initially before the builain~ official or his or her
deGignce, ,oho Ghall hear all facts ana testiffioR) he deemG
pertinent. Said facto and teotimony may incluae tCDtimony on
thc cORaitieR of the ~chicle or parte thereof ana the
ciIG~mstaH~ea c5Rcerning ito location on oaid pri~ate pEcpert)
or public 13ro}?crty. 'fhc Builaifl5J official or hiD or hcr
aeoignee Ghall not be liffiited by the technical ruleG of
cviclcRce" 'fhc O,.Rer of the land may appear in peEooR at the
hsaliR~ OI pEeaeRt a SnerR ..rittE.H state:mE.Ht in time for
conoideration at the hcaFing, and deny reoponsibility for thc
J?reDencc of thc ~v~chicle OR thc laRd, ..ith his J:'ea5eno fOE ouch
dCRial.
D. The building official or hiD or fier deoi~nec may im}?ose o~ch
conditiono and tah:e ouch ether actisR aD fie cleems a!3!3ropriate:
undeF the circumotanceo to carry out the purpose of
oectiom3 10.80.010 through 10.80.120. lIe may delay the tiffie
for removal of the vehicle or partG thereof if, iR his
opinion, the circumetancee juetify it. At the conclusion of
the public hearing, tfic building official or fiis er her
deoignee may find that a ~chielc or parto thercof hae! BeeR
abandoned, \;rcch:cd, diomantled, or io inopcrati~y~c en l?1:i.y.ate
or public property and order the Game removed from the
property aD a public nuioanec and diol?ooed of as herciRafter
pro~ided and determine the adminiDtrati~e cooto and the coot
of removal to be charged againet the mmer of the laRa. The
order requiEing rcmoyal ohall includc a aCDc1:iption of tfic
vehicle or parte thereof aRe the correct identification numBer
and licenee number of the vehicle, if available at the oite.
If it io determined at the hearing that the vehicle ',me placed
OR the laRa ,.ithout the: conoent of the e..Hcr of the land and
that he haD not ouboequcntly acquicoccd in its }?rCSCRCc, the
building official OJ: his or heE clcsi~RCC shall Ret aooeoo the
cooto of adminiDtration or remo~al of tfic ~chicle G.5JaiRst the
property upon ",Ihieh the ~.leB.iclc iEl located or othcr..;ise
attempt to collect ouch. eooto from ouch O".lncr of tfic land. If
the ouner ef the land eubmite a G',oorn ',oritten Gtateffient
deR)ing responsibilit) for the preoence of the ~ehicle on hiD
lane But docs net appear, or if an intereeted party makee a
~;ritten preoentation to the Building official OF his or heJ:
dcoigncc But dCCD Rot appear, he shall be netified ift ..ritiRg
of the decioioR.
(DId :aCCO 51 (!"aIt), 199(;, Ora 1]J8 S1 (!"art), 1971, prior code
n9. 2307 (}\) ) .
18.88.8S8 hppcal af aCeiBi6ft r~lie hcariB~ !~tie6 Beard ef appealB
ana aa.iasra a~EheriEY.
Any interceted party may appeal the dccieion of the building
official OF hiD or her desi:g'B.ee B) filin~ a ..rittE.ft B.5ticc of
54
Gppcal "n.ith thc board of appcals G.R6. ad.y.iooro "yJithin fi~v.c da)s
after hiD dccisioR. Cuch appeal ohall be heard hy the Board of
appcalo and Qd~iooro ;;hich ma) affirm, amend OF Fe~eroe the order
or ta]re other actioR deemed. ap~ropriatc. ~he accretar) te the
boa.rd of appt::alo aBd. a.d..v.iooro ohall gi v C nrit-t-t::B Bst-ice of t-he timc
and pIa.::.:.:: of the hea.ring of the ap}?cllaBt aRe. thoLJe }?CrOORO
opecified above. Irr corr6.ucting the heayin~1 the board of appealo
aRe! ae!. i[JoHJ [Jhall fiot be:: limite::el by the technical rule[J of
cidence. (Ord 2CCB S1 (~art), 199C, Ord 1JJB S1 (part), 19'71,
prior code S19.2JG'7(D) (1)).
10.80.0&.9-0
Disposal of vehicle-Time requirements.
Five days after adoption of the order declaring the vehicle or
parts thereof to be a public nuisance, five days from the date of
mailing of notice of the decision if such notice is required by
sections 10.80.010 through 10.80.120, or fifteen days after such
action of the ~evcrRing body manager or desianee authorizing
removal following appeal, the vehicle or parts thereof may be
disposed of by removal to a scrapyard or automobile dismantler's
yard. After a vehicle has been removed it shall not thereafter be
reconstructed or made operable. (Ord 2668 ~1 (part), 1996;
Ord 1338 ~1 (part), 1971; prior code ~19.2307(B)(2)).
10.80.02QM
Notification and transfer of evidence required
when.
Within five days after the date of removal of the vehicle or parts
thereof, notice shall be given to the Department of Motor Vehicles
identifying the vehicle or parts thereof removed. At the same time
there shall be transmitted to the Department of Motor Vehicles any
evidence of registration available, including registration
certificates, certificates of title and license plates. Anv
licensed dismantler or commercial enterDrise acquiring vehicles
removed Dursuant to this section shall be excused from the
reporting requirements of Section 11520 of the California Vehicle
Code; and anv fees and penalties which would otherwise be due the
Department of Motor Vehicles. are herebv waived. provided that a
c01;>Y of the resolution or order authorizing disposition of the
vehicle is retained in the dismantler's or commercial enterprise's
business records. (Ord 1338 ~1 (part) , 1971; prior code
~19.2307(B) (3)).
10.80.0~~
Costs-Assessment and collection procedures.
If the administrative costs and the cost of removal which are
charged against the owner of a parcel of land pursuant to
section 38771 et seq. of the government code and chapter 1.30 of
this code are not paid within thirty days of the date of the order,
55
,---,- .--.--.-...------.-. -,,'..-.--.-.----..-....---.---.
or the final disposition of an appeal therefrom, such costs shall
be assessed against the parcel of land pursuant to section 38773.5
of the government code and shall be transmitted to the tax
collector for collection. Said assessment shall have the same
priority as other city taxes. (Ord 1676 ~1, 1976; Ord 1338 ~1
(part), 1971; prior code ~19.2307(B)(4))
10.80.090H-(}
Removal of vehicles from streets authorized when.
Any regularly employed and salaried officer of the police
department may remove or cause to be removed:
A. Any vehicle which is parked or left standing upon a street or
highway for seventy-two or more consecutive hours;
B. Any vehicle which is parked on a highway in violation of any
provision of this title, the Vehicle Code or other law or
ordinance forbidding standing or parking, when the use of such
highway or a portion thereof is necessary for the cleaning,
repair or construction of the highway or for the installation
of underground utilities, and signs giving notice that such
vehicle may be removed are erected and placed at least
twenty-four hours prior to the removal;
C. Any vehicle parked upon a highway which has been authorized by
the councilor other competent authority for a purpose other
than the normal flow of traffic, or for the movement of
equipment, articles or structures of unusual size, and the
parking of said vehicle would prohibit or interfere with such
use or movement, providing that signs giving notice that such
vehicle may be removed are erected or placed at least
twenty-four hours prior to the removal of such vehicle;
D. Any vehicle parked or left standing, when the city council by
resolution or ordinance has prohibited such parking and has
authorized the removal by ordinance. No vehicle may be
removed unless signs are posted giving notice of the removal.
(Ord 973 ~1 (part), 1966; prior code ~19.3.5).
Amend Chapter 10.84 -Parking Restricted on Private Property - as
follows:
10.84.010 Purpose and intent of provisions-Parked vehicles declared
nuisance-When.
The purpose and intent of the council in adopting
sections 10.84.010 through 10.84.030 is to establish procedures for
the notification, citation and removal of vehicles from private
property in the front yard, unfenced exterior and parkway areas of
the city. TRC city council docs acclarc tRC parking of SI:lCR
56
,.-.'-,..__.._-----_.._._.__._._,_.__..~..._-
~y~chicle:J to be. a public fiuioancc and any ~y~c.hicle. so parh:e.cl in the.
area~ prohibit cd BY tHis cfla~tcr sHall be deemed to be abandoncd
vCHiclcs s~Bjcct to the remo~al procedure~ ~et fortH in Chapter
10.80. (Ord 1676 ~2 (part), 1976)
IG.8i.9JS Citatisft aHEherity.
The buildiR~ aRa houoin~ director, code cnforccmcnt officcrB aHa
other cmplo)ccs acsi~flated by the buildiH~ aHa heuBin~ diEcctOE
ohall have the authority to enforcc Cha~ters 10.~2, 10.01 ana 19.C2
of the. Chula 'y7iota r1uflicipal Coae by ioouing .n.ritte.n Retice. ef the
.iolation. (Ord 21"7G S1 (~art), 198C).
19.8i.036 !leticc af "ialatia:a.
The method of ~i7in~ notice for purpooe.s of section 10.01.0J: io aD
felle..s.
1. DuriB~ the timc of the ~ielatiofl, a noticc of ~iolation shall
be oecuycly attae:hca to the ~y~ehiclc settiR~ forth the
~iolation including refereRce. to the occtiOH of the. f1uRicipal
Coae: ~y~iolatcd, the apl?roJ(imatc time of v ielatioR, the location
'whcre thc ~v~iola.tiofl occurrca, and the. liceREJe RumBcr and
c][piration date, the color of the ~ehicle., and if pOEJoiblc,
thc ycar aRa mah:e aRa model of thc v chicle:. Thc notice ohall
opccify a time aHa }?lace: for appcaraRe:e by thc regiotcred
CuRcr or thc lcooee or reRter iR ano\;cy to the. fletie:e..
2. Thc noticc shall BC attachecl to the vchie:le EJe aEJ to bc eaoily
oboer~v~ed :6) thc }?croon in charge of the ~v-chicle: u}?on the
persoR'o returR.
Amend Chapter 15.04 - Excavation Grading and Fills - as follows:
15.04.305 Fees-To b~ ao~lea ia eereaia eaB~B-Effect of imposition.
In the event that land development work is commenced without a land
development permit, the city engineer shall cause such work to be
stopped until a permit is obtained. The permit fee, in such
instance, shall then be the normallv reauired permit fee. Dlus S500
6.oublc that wifiich .wloula normall} Be rcquired. The payment of s-t:teft
doublc the increased permit feeg shall not relieve any person from
fully complying with the requirements of this chapter in the
performance of the work. Such fee ~hall not BC censtr~cd to be a
penalty, but shall BC censtruea as an aaaca fcc rc~uirca to defray
the expense of enforcement of the provisions of this chapter in
such cases. The impo~ition of payment of such double fee shall not
prevent the imposition of any penalty prescribed or imposed by this
chapter or ChaDter 1.41. (Ord. 1797 ~1 (part), 1978).
57
15.04.310 Violations-Declared unlawful
nuisance-Abatement authority.
and
public
Any land development commenced, er done. maintained or allowed
contrary to the provisions of this chapter, shall be, and the same
is hereby declared to be, unlawful and a public nuisance. Upon
order of the city council, or UDon the determination of the city
manaaer or the city attorney~ shall commence necessary proceedings
for the abatement, removal and/or enjoinment of any such public
nuisance shall be commenced in the manner provided by law.
Alternatively the Drocedures to abate under Chapter 1.30 may be
used. Any failure, refusal, or neglect by a resDonsible party to
obtain a permit as required by this chapter shall be prima facie
evidence of the fact that a public nuisance has been committed in
connection with any land development commenced or done contrary to
the provisions of this chapter. lOrd. 1797 11 (part), 1978).
15.04.325 Costs of abatement-Special assessment procedure-Statutory
authority.
The costs of abating a dangerous condition within the meaning of
this chapter shall be imposed as a special assessment against the
land on which such abatement was done. ~roviaea furtfier, the city
cR~iRccr Dhall report all oucR Coots to tac cit} council ana at tRC
he.ariI.Lg on the ci ty cR~iRccr IS rC!3ert 1 Costs and assessment
Drocedures will be in accordance with ChaDters 1.40 and 1.41. ~The
property owner may raise and the city cemwil manaaer shall
consider, as a complete or partial defense to the imposition of the
assessment, questions as to the necessity of the abatement and the
means in which it was accomplished. Pursuant to Government Code
138773.5 abatement costs shall be transmitted to the tax collector
for collection. This assessment shall have the same priority as
other city taxes. lOrd. 1877 13 (part), 1979).
Amend Chapter 15.44 - Moving, Relocating and Demolishing Buildings
- as follows:
15.44.070 Appeals.
The applicant may appeal the findings and recommendations of the
building and housing department to the city manaaer board of
appealo and aavisers. The appeal shall be in writing. Fer all
appeals, the fee ohall be the Required Feels). The city manaaer
shall use the procedures in ChaDter 1.40 to Govern the aODeal.
lOrd. 2506 ~1 (part), 1992; Ord. 1851 ~1 (part), 1979).
Amend Chapter 17.28 - Unnecessary Lights - as follows:
17.28.050 Complaints-Investigation-Notice-Hearing.
Upon the written complaint setting forth the particulars concerning
any offending lighting situation by the adjoining or neighboring
residential property dwellers to the city attorney, it shall be the
58
fftlty resDonsibilitv of the city attorRC) to investigate or eaUGe to
be iR.cotigatca the basis of the complaint, and if there is found
to be sufficient cause for said complaint which constitutes a
nuisance to the adjoining or neighboring property owners, a written
notice shall be sent~ to the owner or person controlling such
lighting, directing that the lighting be modified, discontinued or
abated within fifteen days of receipt of the notice. If the
lighting situation has not been discontinued or abated as required
in this section, the city attorRC) manaaer shall issue a notice to
the property owner pursuant to ChaDter 1.40 to appear Bcfore tfic
city co~ncil to and show cause as to why the lighting should not
be declared a public nuisance and abated by a~~ropriatc legal
actioR Dursuant to Chapter 1.30. (Ord 1324 81 (part), 1971; prior
code 820.35.4(D)).
Amend Chapter 19.08 - Zoning Enforcement - as follows:
19.08.020 Violations-Declared public nuisance-Actions for abatement
authorized.
p~) B~ildiR~ or otr~cturc It is unlawful to cause or allow to occur
the set up, erectionea, constructionea, alterationea, enlargementa,
conversiontea, movementa or mainta4ftenanceea of anv buildina or
structure contrary to the provisions of this title, and any use of
any land, building or premises established, conducted, operated or
maintained contrary to the provisions of this title shall be, and
the same is declared to be unlawful and a public nuisance; and the
city attorney and citv manaaer. resDectively. shall imfficaiately
commence action or proceedings for the abatement and removal and
enjoinment therein in the manner provided by law or Title 1 of this
Code, and shall take such other steps and shall apply to such
courts as may have jurisdiction to grant such relief as will abate
and remove such building or structure, and restrain and enjoin any
person, firm or corporation from setting up, erecting, building,
maintaining or using any such building or structure or using
property contrary to the provisions of this title. The remedies
provided for herein shall be cumulative and not exclusive.
Any person who violates any provision of the certified Local
Coastal Program adopted pursuant to Division 20 of the California
Public Resources Code shall be subject to the penalties contained
therein. (Res. 11903, 1985; Ord 1212 81 (part), 1969; prior code
833.1502).
19.08.030 Violations-Penalties.
Any person, firm or corporation, whether as principal, agent,
employee or otherwise, violating or causing the violation of any of
the provisions of this title shall be punishable pursuant to the
provisions of OcctioR 1.20.010. Chapters 1.2 throuah 1.41. (Ord
248382,1991; Ord 121281 (part), 1969; prior code 833.1503).
59
Amend Chapter 19.62.200
follows:
Off-Street Parking and Loading - as
19.62.200 Enforcement of this chapter.
For purposcs of cnforCCfficRt sf this chapter, cmplo)cco dcoi~natcd
under Ccction 10.01.0J~ ma} issue citatioRs te vcfiiclco or ~r5pcrt}
OnRcro 0.0 a.pprorn:iate., nhCR ~v~iolatioflEJ of taL. cha.pter eccurs,
!3ro v laCS. hO.v;c'v~cr, 0. r..;3.rRiR~ sHall firot be iLJsl:lca, o.llo".:ifi:3
OC~v-CRt} t1""y.O hOliTO to correct the matter. 'Phio iJC-\' cnty t"u"O flour
period ohall appl} to the firot ~iGlatien oR any oiR~lc piece of
property and not to oUBocqucnt iRfro.ctiono on the saffle property.
The building and housina director. code enforcement officers and
other emDloyees designated bv the building and housina director
shall have the authority to enforce this chapter in accordance with
the Drocedures as set forth in chapters 1.40 and 1.41. Anv
violation of this chapter shall constitute an infraction. and the
administrative citation provisions contained in chapter 1.41 of
this code shall be applicable.
H:\shared\bld-hsg\municodeB
October 15, 1997
60
sections:
1.40.010
1.40.020
1.40.030
1.40.035
1.40.040
1.40.050
1.40.060
1.40.070
1. 40.010
EXHIBIT D
CHAPTER 1. 40
ADMINISTRATIVE PROCEDURE AND PROCESS.
purpose and Intent.
Administrative Process.
Service of Notices.
Proof of Service of Notices.
Reserved.
Administrative Hearina Procedure.
Immediate Action Excusin9 Prior Notice for Purposes of
Abating Dangerous Conditions or Imminent Threat to Life
-Safety.
Consolidation of Proceedings
Purpose and Intent.
It is the pUrDose and intent of the city Council to promulgate
rules and Drocedures for the conduct of administrative
hearings required bv statute. this Municipal Code. or
administrative regulation. in order to insure administrative
due process is accorded to affected Darties. The reqpirements
and procedures of this Chapter shall be applicable to
administrative procedures and hearings regarding the denial.
suspension or revocation of a Dermit, license or entitlement.
and may be used to supplement or substitute for any
administrative hearing or administrative Drocedure Drescribed
elsewhere in this Municipal Code.
The procedures under
Chapter 1.40 may also be used in those situations where the
MuniciDal Code authorizes a hearing as a precondition to the
. . 't' f d . . t t'
abatement of a nu~sance, the ~mpos~ ~on 0 an a m~n~s ra ~ve
fine or penalty. or. as an administrative appeals procedure.
1
Sec. 1.40.020 Administrative Process.
~ Subject to the provisions of section 1.40.060. the City
Manager or designee shall serve notice pursuant to section
1.40.030 upon a party whose permit. license or entitlement has
been denied. or is to be suspended or revoked. or against whom
administrative enforcement action is proposed. that they shall
be allowed ten calendar davs (thirtv days for out-of-state
residents ner Code of civil procedure~ section 415.40) to
request an administrative hearing to appeal or contest that
proposed action before it will become final. The request for
hearing must be made no later than ten calendar days from the
date of notification of the proposed action. The 9roposed
action by the city Manaaer shall become final and conclusive
if not appealed or contested. Except as provided in section
1.40.060. the proposed action shall be stayed if 9roperly
annealed. and be made final followina the issuance of a
decision by a hearing officer pursuant to section 1.40.020G.
~ Upon the filina of a request for a hearing or an appeal and
payment of the required fee, the city Manager shall apnoint a
hearing examiner who sha 11 be neutral and unbiased as to the
snecific factual matter in contention and exnerienced in the
aeneral subject matter. The hearina examiner may be appointed
2
either from within the City staff or outside sources. The
city Manager mav provide compensation to outside sourced
hearina examiners.
~ The fee to request a hearing or an a~~eal of an administrative
citation or civil penalty shall be equal to the amount of the
fine identified on the administrative citation or the amount
of the civil penalty. but not more than $1,000. If the
hearina officer determines that the issuance of the
administrative citation or assessment of the civil penalty was
not appropriate based on the evidence Drovided then the appeal
fee will be refunded to the party that requested the appeal.
If the appeal is denied. the fee shall be aDDlied as payment
of. or toward. the administrative citation or civil Denalty.
The fee to request a hearina or an appeal of all other tVDes
of administrative orders. unless specified otherwise in the
municipal code. shall be in the form of a deposit. the amount
to be determined by the city manaaer based on the anticipated
staff cost to conduct the hearing. If the cost of the hearina
or appeal exceeds the deposited amount. the requesting partv
shall be responsible for payment of the additional costs
incurred. If the hearinq officer determines that the
administrative order is not supported by the evidence. the
entire deposited amount will be returned to the party that
reauested the appeal.
3
---~- ---~_.__.__.__... --~_._..,-~_.__..- ""-. --'-"-'-""'--
~ The hearing examiner shall notify the appellant of the time
and place for the hearing in accordance with section 1.40.030.
allowing a minimum of ten calendar days from the date the
notice is mailed before the hearina is to be held.
~ The hearing examiner shall conduct the administrative hearing
in accordance with section 1.40.050 and issue a written
decision Drompt1v to all Darties UDon the conclusion of the
hearina. unless the a~peal or request for hearina is withdrawn
by the requesting party. The hearing examiner may impose
conditions and deadlines for corrective action and reduce.
waive or conditionally sus~end any fines or Denalties
proposed. when the hearing examiner concludes. based upon the
evidence. that such action is eauitable and more likelv to
bring about compliance with the proposed order.
~ The hearing examiner's decision shall be based upon findinas
supDorted by evidence. The standard of proof required to
render the decision shall be that of a preponderance of the
evidence. A preponderance of the evidence is established when
the weight of the evidence supporting the existence of a fact
in contention has the more convincing force. when balanced
aaainst that evidence refuting the existence or aDDlicability
of the same fact in contention.
4
!:i.... The hearing may not be
pursuant to the Code of
used as a substitute for discoverv
civil Procedure. and any inqpirv or
discovery in violation of this section 1. 40. 020F is not
competent or admissible against the party against whom it is
to be used upon appropriate motion or objection of that party.
~ A final order shall be issued by the hearing examiner. The
date of mailing of the final order by the hearing examiner to
the party by first class mail. with certificate of service
attached. shall constitute the date of the exhaustion of
administrative remedy. A party shall be advised by the
hearing examiner that it has ninety days pursuant to the
California Code of civil Procedure section 1094.6 from that
date in which to file for a writ of mandamus or other
ap~licable ;udicial review. except that if the determination
is made as to a decision imposing an administrative penalty.
fine or charge under section 1.41.100. the time to appeal to
the Municipal Court is limited to twenty days pursuant to
California Government Code Section 53069.4. Failure to file
for judicial review within the applicable time limit makes the
order final non-appealable and confirmed. until a timely
reqpest for ;udicial review is filed. enforcement of the final
order may proceed in due course.
5
~ The city will use its best effort to tape record the hearina.
but is not legallY obliaated to do so. Any recording will be
retained for not to exceed 2 years. The orivate oarty may
also record the proceedings. A party may re~est a transcript
of the oroceedings. if prepared. or be orovided a CoPY of any
recording. if made. upon payment of the costs of preparation
or duplication.
Sec. 1.40.030
service of Notices.
~ Except as orovided in section 1.40.030D. whenever a notice is
required to be given under the Municioa1 Code for the
enforcement of a orooosed order or for hearing or aooea1s
pUrposes. the notice shall be served by any of the following
methods. unless different provisions are otherwise
soecifically stated to apply:
ill Personal service upon the responsible party: or
12l certified mail. postage prepaid. return receipt re~ested.
Simultaneously. a duplicate notice may be sent by regular
mail. postage preoaid. If a notice that is sent by
certified mail is returned unsigned. service shall be
deemed effective pursuant to service of the duplicate
notice bv regular mail. orovided that the duolicate notice
sent bv regular mail is not returned as undeliverable.
6
Notice shall be mailed to the last address shown on the
County Tax Assessor's records if the notice concerns real
property. and to the last known address of any other 9artv
to the Droceeding shown in official records of the city of
Chula vista;
Lll postina the notice conspicuously on or in front of the
property.
~ postina a notice or duplicate service by regular mail in the
manner described above shall be deemed effective on the third
dav after mailing or postina. service by certified mail shall
be effective as of the date of signed receipt.
~ The service of an initial Notice of Violation mav also be sent
by regular mail. service of a Notice of Violation bv regular
mail is effective on the third day after mailing.
~ Service of Notice through which a lien will be Dlaced upon
real property will be in accordance with Code of civil
Procedure sections 415.10. 415.20. 415.30. or Section 415.40
if the resDonsible Dartv resides out of state.
~ The failure of any party or person with an interest in the
property or the proceeding to receive any notice which has
been dulv sent or Dosted in accordance with this section
7
1.40.030 shall not affect the validity of any proceedings
taken under this Code.
Sec. 1.40.035 Proof of Service of Notices.
Proof of service of any notice re~ired bv this Code may be made by
certificate or affidavit of an officer or emDlovee of this City or
by affidavit of any person over the aqe of eighteen years. The
proof of service shall show that service was done in conformity
with this Code and any other provisions of law aDplicable to the
subject matter concerned.
Sec. 1.40.040 Reserved.
Sec. 1.40.050 Administrative Hearing Procedure.
The hearing before a hearing examiner shall be conducted in
accordance with the following procedures:
~ A hearing examiner is authorized to issue subpoenas.
administer oaths. and conduct the hearing. Subpoenas shall be
sianed bv the City Clerk. Oral evidence shall be taken only
on oath or affirmation.
~ Each party shall have the following rights: to be reDresented
by legal counsel: to call and examine witnesses: to introduce
8
evidence: to cross-examine ou~osing witnesses on anv matter
relevant to the issues even though the matter was not covered
in the direct examination: to imueach any witness reaardless
of which party first called the witness: to testify in his or
her own behalf. A Darty may be called as a witness bv the
other party and be examined as if under cross-examination.
~ Appeals of quantities of work performed in connection with a
violation of land gradina uermits as estimated by the director
shall include a report by a licensed civil enaineer qualified
to perform land surveys or a licensed land surveyor. The
report shall be prepared at the sole cost of the appellant.
Such reuorts shall include sufficient survey work to determine
the actual amount of land grading work done without a uermit.
~ The hearing need not and should not be conducted accordina to
the technical rules of procedure and the California Evidence
Code relating to evidence and witnesses. Any relevant
evidence shall be admitted if it is the sort of evidence upon
which res~onsible ~ersons are accustomed to rely in the
conduct of serious affairs. reaardless of the existence of any
common law or statutory rule which might make improper the
admission of such evidence over objection in civil actions.
Hearsav evidence mav be used for the purpose of supplementing
or exulainina any direct evidence but shall not be sufficient
by itself to support a findina unless it would also be
9
admissible over objection in civil actions. Irrelevant and
undulv reDetitious evidence shall be excluded.
~ The proponent of any testimony to be offered by a witness who
does not proficientlv sDeak the English languaae shall provide
an interpreter. The inter1;>reter shall be approved bv the
hearing examiner conductina the proceeding as Droficient in
the English languaae and the language in which the witness
will testify. The cost of the interpreter is to be paid by
the party providina the interpreter.
~ The proponent for the Director may introduce into evidence and
rely upon an administrative record which clearly demonstrates:
al The condition(sl. act(s) or omission(sl upon which the
Droposed action is based: bl the regulatorY authority for the
proposed action: c) technical or factual data supporting the
proposed action: and. d) any other information or data
relevant to the proposed action. An administrative record
certified bv the Director which meets the above criteria shall
constitute prima facie evidence in support of the proposed
action. The burden of going forward may then shift to the
opposing party. who may then cross-examine on the basis of the
administrative record and call witnesses aDDroDriate to aid in
its examination of the administrative record. The onnosina
party may call additional witnesses and introduce additional
10
evidence appropriate for opposition. defense. excusal or
mitiaation of the nronosed action.
~ The hearing may. at the discretion of the hearing examiner. be
continued from time to time upon request of a partv to the
hearina and unon a showing of good cause therefor.
1.40.060 Immediate Action Excusing Prior Notice for Purposes of
Abatina Dangerous Conditions or Imminent Threat to Life
or safety.
The provisions for prior notice and hearina may be dispensed with
when. in the opinion of the director with the concurrence of the
city Manager. immediate action is necessary to summarily abate a
dangerous condition on public or private property or an imminent
threat to life or safety on public or private nroDerty. The
Director shall take onlv such action as is reasonably necessary to
summarilv abate the danger. and shall thereafter e~editiously
comply with sections 1.40.020 through 1.40.050 regarding notice and
hearing. if requested. to the responsible party(ies\ reaarding the
action taken by the Director to summarily abate the condition. The
pu~ose of the hearing will be to afford the responsible partylies)
the opportunity to contest their responsibility for the costs or
scope of abatement. If further corrective action is necessary. the
Director will comply with this Chapter 1.40. and such other
11
sections of the Code as mav be a~~licable regardina further
corrective action.
1.40.070 Consolidation of Proceedinas.
A Director or the Hearina Examiner may consolidate one or more
administrative ~rocesses and orders proDosed under this chapter and
ChaDters 1.30 or 1.41. or both. into a single hearing. if
consolidation would be more efficient and cost-effective.
(H:\shared\b1d_hsg\chap1403.rh)
October 14, 1997
12
Chapter 1. 41
Sec. 1. 41. 010
Sec. 1.41.020
Sec. 1. 41. 030
Sec. 1.41.040
Sec. 1. 41. 050
Sec. 1. 41. 060
Sec. 1. 41. 070
Sec. 1.41.080
Sec. 1.41.090
Sec. 1.41.100
Sec. 1.41.110
Sec. 1.41.120
Sec. 1.41.130
Sec. 1. 41.140
Sec. 1. 41.150
Sec. 1. 41.160
Sec. 1.41.170
Sec. 1.41.180
EXHIBIT E
ADMINISTRATIVE
PROCEDURES.
ENFORCEMENT
COMPLIANCE
AND
Purpose and Intent.
Overview of Process.
Notice of Violation.
Recordation of Notice of Violation.
Non-Issuance of Permits.
Reinspection Fees.
Cease and Desist Orders.
Reserved.
Reserved.
Administrative citations.
civil Penalties.
Abatement Action.
Reserved.
Cost Recovery.
Confirmation of Costs.
Enforcement.
satisfaction of Lien or Obligation.
Revolving Abatement Fund.
Sec. 1.41.010 Purnose and Intent.
~ It is the purpose and intent of the City Council to establish
administrative procedures for obtaining prompt compliance in
the correction of both major and minor violations of the Chula
vista Municipal Code and state law. Conditions in violation
1
-y-.'
state law which
'cipal Code or f
of the Munl_ within the city 0
1 nronertv authorized or
upon or uses of rea The procedures _
t d nuisances. notices of
designa e 1 lng ____
are hereby 1 41 are the fo1 ow' :
. Cha~ter - - fines and
. d by thlS . . . adml'nistrative _
identifle citatlons. ______
. . dministrative f nuisances:
. latlon. a__ . abatement 0
Vl0 . t orders. _
and desls_ . to charge
. . cease - authorizatlon
penal tles . . olation: __
. of notices of Vl of enforcement:
recordatlon y- for costs
- t recover_ and
fees: cos_ . of liens
reinspect ion recordatlon
-- and __
of costs:
ditions
affect con
. ta
Chula V1S
firmation
con___
for cost
assessments
recovery.
reference.
cross _
. e enforcement
appllcabl_. a uniform
to create
in order
code. _
. istrative
admln__
. h d in
establlS e
lidate or
conso__
stablished
methods e
Chapter 1. 41 may
and through
- ce as
b referen .
incorporate y .
n this
elsewhere 1
process
for prompt code
effective
and
1L-
The procedures
compliance.
due
process
enforcement.
h
The City Manager. any
authorized
are each _
established in
d Chapters
Chanter an
this ---0<
he City Attorney
Director and L
cognizant rocedures
l'nitiate the p
. e and ___
to utillZ 40
- 1. 30 and 1. .
.Ih
s in Title 1
The procedure
. . 1 enforcement
1 or ;udlcla
crimina - h d
. of one met 0
Selectlon
thereof.
1 ent to
sunp em
d as a __"'-
may be use
in lieu
or both. or
action.
d the use
t nreclu e
shall no _
2
of any other method or combination of methods when
appropriate.
E.... The terms "Abatement". "City Manager". "Code Enforcement
Officer". "Director". "Nuisance". and "ResDonsible Party" are
as defined in section 1.04.010.
Sec. 1.41.020 Overview of Process.
~ violations of the Municipal Code affecting uses of or
conditions upon real property may be corrected through the
issuance of a notice of violation Dursuant to section 1.41.030
to the Responsible Party re~iring certain actions to be taken
to bring the property or structure into cOmpliance. The
responsible Dartv will be allowed a reasonable period of time
in which to correct the violation. normally not less than ten
calendar days. Failure to comDly within the time 9rescribed
can then result in the issuance of an administrative citation
in accordance with section 1.41.100 or any other method or
combination of methods deemed appropriate.
.8..-- An administrative citation is a notice to the resDonsible
party which mandates the corrective action and establishes a
fine as a penalty for the prior non-compliance of the notice
of violation. Subseauent administrative citations mav be
issued with increased penalty. Corrective action that may be
3
re~ired of a res~onsible Darty includes. but is not limited
to. the removal of encroachments into ~ublic propertv. the
mitigation or restoration of land or adjoinina oroperty for
illeaal grading or development. and the removal or
modification of structures to rectify any code violation or
cure any hazardous condition. It includes any other process
necessary for abatement. In addition. throuah the notice and
hearing procedures of Chapters 1.30 and 1.40. the responsible
partv can be made subject to an order of abatement through
which the corrective work will be undertaken bv the city and
the cost will be imposed as a lien against the prooerty if the
responsible partv fails to resoond.
~ Each day a violation exists on real propertv is a continuing
and additional violation. and all remedies. penal ties and
assessments are cumulative.
~ In addition to a notice of violation. a cease and desist order
can be issued oursuant to Section 1.41.070 to one or more
responsible oarties or other oersons who perform work in
violation of a oermit or without a re~ired permit. Violation
of the cease and desist order is a separate misdemeanor. A
responsible partv or any person on scene actively conducting
the violation under the direction of a responsible party is
subject to arrest without a warrant for continuing work in
violation of the cease and desist order. as well as for the
4
actions constitutina the violation of this code. A
responsible partv can be re~ired to obtain necessary permits.
restore or revegetate the property. or both. and correct or
mitiaate the consequences of the violation. Administrative
citations can also be issued assessina administrative fines
for both the creation of and the continuance of the violation.
h If the responsible party fails or refuses to correct the
violation. proceedings may be undertaken to abate any existing
or resulting nuisance pursuant to Chapter 1.30. Abatement
orders authorize a Director to enter upon property and correct
the violation or condition or the removal of encroachment UDon
public proDertv. Enforcement costs may be imDosed against the
responsible Darty and non-complyinq Droperty.
h During the pendency of the violation and the enforcement
process. a notice of violation may be recorded against the
propertv Dursuant to section 1.41.040 describing the
particulars of the violation. to insure that the proDertv is
properly abated prior to or upon transfer. The recorded
notice of violation will be released upon issuance of a notice
of compliance which shall be recorded bv the Director in due
course within 15 days after request for such release by the
property owner.
5
~ During the insDection and enforcement process. cost recovery
can be imposed for the cost of reinspection (Section 1.41.060)
and the costs of City services to abate (Cha9ter 1.30. and
1.41.140). These costs may be recorded as a lien aaainst the
proDerty following the Drocedures under Chapter 1.41 or the
waiver thereof by the responsible party.
~ Various steps or procedures under Chapter 1.41 mav re~ire
notice and a hearing pursuant to Cha9ter 1.40. When
appropriate. notice and hearing req:uirements for separate
administrative actions may be consolidated.
Sec. 1.41.030 Notice of Violation.
~ A Code Enforcement Officer is authorized to serve a notice of
violation upon a responsible Darty for anv violation of the
Municipal Code. The notice of violation will describe the
violation. the dates and location of the violation. the
applicable code section(s). the corrective action re~ired and
a date for compliance reinspection. The responsible partv
will be advised that a reinspection fee (Section 1.41.060)
will be imDosed for a second and all subse~ent reinsDection
if cOmpliance is not voluntarily obtained. and that an
administrative citation may also be issued alona with civil
penalties pursuant to sections 1.41.100 and 1.41.110 until the
property is brought into compliance. The responsible Darty
6
. .-._~---_....._--------_._._.. ---_.----
will be all
__owed am' .
lnlmum
minor .
_ vlolat'
___lons
major v'
lolations.
may extend the
beyond those
Th' - limits if
e notlce f .
__ 0 vlolat' .
party of lon wlll i f
the potential n orm
may ensue costs and c
under this Ch onse~ences
compliance apter 1.41 'f
___ is not b - -- 1_ vol
.. 0 t,i no. wi thin unteri "
vlolatlon 1. S - the time
___ __ corrected . prescribed.
___ ln acco d If the
notice of r ance with
__ violation. ----
no costs or h
_ c_arges
time
for
of ten 1
_ ca endar da s
and no 1 y to correct
ess than ------
_ thirt~ 1
A Code E ca endar davs for
nforcement Off'
___lcer
reasonable
Deriod
a
circumstances
_ dictate.
the r
esponsible
that
the terms
_ of the
will be imposed.
lL..
service of a n t"
o lce of .
_ vlolation
mailina
__ Dursuant t
o Section
sign d
oes not'
lnvalidate
subse!;!!J.e t
n proceed'
__lnas.
is eff
ective u~on d
~__ elivery or
1.40.030.
Failure or
refusal to
the t' --
no lce of .
vlolation
__ and
.c.....
The propertv .
*- wlll be .
relnspected
responsible
party refuses
reasonable d
_emand.
inspection warrant
1822.50.
once for com.....l.
",_lance.
to allow .
lnspection.
the Code E
nforcement
pursuant to Code
Failure of the
If the
after
a
citation.
may result i
n a separate
allo .
w lnsDection.
of reinspect ion
criminal violation
section 1822.57)
Office
r may obt .
aln an
of civil p
rocedure
resDonsible
Darty
shall result in
the charging
section
to all
ow insDection
the issuance
_ of an
or remedy the
administrative
violation
fees and
for the failure to
(CCP
7
t------
.Il... If the violation also constitutes the performance of work
without a reqpired permit or in violation of an issued permit.
the Code Enforcement Officer may issue a cease and desist
order pursuant to section 1.41.070 to temporarily and
immediately enjoin the work and to take anv other action
appropriate at that time. If the violation creates a
hazardous condition which affects ~ublic safetv or an imminent
threat to life. safety. summarv abatement mav be initiated
pursuant to section 1.30.030.
Sec. 1.41.040 Recordation of Notice of violation.
A....- Whenever a violation on real property remains uncorrected
after a notice of violation has been issued. a copy of the
notice of violation may be recorded bv the director in the
real DroDertv records of San Diego County if the following
prereqpisites are met:
~ A violation has remained uncorrected on the property for
at least 30 calendar days following service of the notice
of violation:
~ The owner. if not the responsible party. has been
notified of the prosDective recordation and been offered
the opDortunity to correct the violation:
8
]h
h
.J......
ertu owner
The DrOD .
be notified
shall __
and
. ble Darties
res"9ons1_
shall be
permits
that
all of the
development
- . Sin
t remaln
the proper v
t for those
excep_
. to
Droperty ln
withheld
the time
during
section 1.41.040.
pursuant to
to bring the
are necessary
violation
permi ts that
compliance.
.L..
have been
ty owner __
and the pro"ger
'ble partv
responsl_ t to
hearing pursuan
action and
corrective
The
d ffered a
noticed an 0
t the proposed
contes
1 40 to
ChaDter .
the Droposed
recordation.
. Ctor is
The dlre __
. upon
this sectlon
pursuant to
of violation
the notice
of the final order.
. d to record
authorlze
issuance
Shall issue to the
director __ .
. The ____
Recordatlon. . a . d notlc
------- _ slgne e
'ble partles
and other reSDonSl t it cancels the
. ts face tha
states on 1 corrected
have been _
violations
once all . olved in
and fines lnv
notice of
Cancellation of
t owner
proper y
l'ance which
of comD_l
. f violation
notlce 0 costs
. penalties.
drninistratlve The
and any a been paid.
t process have if the notice of
the enforcemen by the Director _
be recorded
liance shall
comp___
. was recorded.
violatlon _
Sec. 1.41.050
f Permits.
Non Issuance 0
9
otice
After a n
t section
pursuant 0
, the property
d d aqa1nst
n recor_e the
' has bee , thhold
of violat1on . shall W1
-- - Manaqer
050. the C1ty rtv save for
1.41. on that prope_....
develoDment up rtv whose
ts for --- ) A pa__
any Dermi violation{s .
correct the t of the
aa to --- as par
necess noticed
Id shall be and offered a
withhe '1 41.040 ___ _
Sect10n . , , n
--- , dec1s1o.
to contest th1S
which __
to be
ursuant to
process p .
1 40 1n
to ChaDter .
e of
issuanc _
its
those perm_
permi ts are
recordation
Dursuant
hearina _
1.41.060
Sec. _
ton Fees.
Reinspec i
A..--
thorized
are au_
' ction fees
Re1nsge t becomes
' d effor_
t1me an _
excessive , fees are
. j;1ect1on_
Re1ns tionately
dispropor_
are _
compliance.
ts that
r cos__
recove
responsible
recalcitrant
ts when
city cos _
to recover ,
code
to obta1n
necessary
'ate method to
an appropr1
ble to
attributa
parties.
.B.....
citation is
' 'strative
. or an adm1n1 'f a
f violat1on uthor1tv 0
a DO"Oo Q v or "oder the a .
'f'., - d h_ -- -- hIe
r is issue respons1
an orde - t 'on by a
' ed or -- , e aC_1__
,ee" iree correct,v . liable for
hich requ 't w111 be
director w tified that 1
'II be no__ 't1'on remains
nartv W1 - nd1 ___
...---.... - if the co
necessary ce of
fees -- , the issuan
follow1ng
insnection d nart
first - , considere y
rder 15 _
' or 0 - , f
citat10n charged 1
'11 not be _
and W1_
it will
Otherwise.
, of
the notIce
of the normal
violation,
t of enforcement
cos_ _
ected.
tly corr __
then promp_ t
is forcemen .
t of en___
the cos 5 _
t that
par v, _
reinspect ion
anv _
d The
uncorrecte .
't'on
the cond1 1
Dart of
be included as
10
h
lh
Reinsgection
nt process
enforceme nder
------- d'ngs u
Drocee_1 ,
administrative otified 1n
arty was n 1. 060 (B) .
resDonsible p tion 1.4 d
the ---- UDOe. Sec_ tabUahe
. fees - are es_
insgect1on j;1rocedures
for re h ar1ng _
-- and e '
of notice
service
collected
v be __
fees ma"
t of the
d as par
enforce
and
b'nation
com 1-
with
nrovided
1. 41. ...
liabili ty
Appeals,
or
in
other
h j;1ter
this C a
its
advance of
in
1. 40.
Chapter
'5 of
the bas1_
ged on _
'11 be char on the
fees W1_ based up_
' s ection(s) ,
the 1n_p 'tv Clerk.
of the Cl_....
h office
in t e
Reinspection
'1 'zed for
time ut1_1
on file
Schedule
1 staff
actua
ter Fee
Mas
, t Orders. , d to issue
d DeS1S_ , er l'S author1ze
Cease an _ __ __
1.4>'"" - t off,c ",m a
c - . - - . nforcemen_ t' on 1. _
Se . de e_____ 'th Sec_l__
Dr CD W1__ _
· Oiooo'o. in accordance Y'9Ia,'no a
A..-- to serve nerson
nv o. -- nOn any · . ng
er,nna , . order u.. k ia be,
P d dea',' which wor.
'a"a aD throuOb , of an
..i"aD Municioa1 Cnde 'D ,iolat,nn
of the , ed, or 1
n.O,I.IOD if re",ur outlcu1ar1y
... a nermit, are ...__
d without - ...- , t orders d
nerfo"",- - dea,a rae an
-- Ceaae and - watercnu
emit. d _rodino, the
I..... p, . D' of 1..- It<<a . ..,
' for violat1o k which a
oonate and related wor I.onmental
aoor I,tion" which env,
eaver rego tb,,",gh -- d
water and ro ertv or - if DO' ,top""
' of real p p 'to occur
ondit1on "11 cont1nue
c , n or pollut1on W1
degradat10
immediately.
11
t--,.
.B..... It is unlawful for any gerson to whom a cease and desist order
has been nersonally issued or served to continue to perform
work in violation of the terms of that order.
h It is unlawful for any responsible partv to whom a cease and
desist order has been served to continue to perform work or to
allow or nermit another to continue to perform work in
violation of the terms of that order.
lh Prosecution under Sections 1.41.070B or 1.41.070C does not bar
prosecution or administrative enforcement, or both. of the
previous underlving violations for any or all days the
violation had been in existence, or for the continuance of the
underlyinq violation.
~ Anv Director or Code Enforcement Officer in whose 9resence a
violation of section 1.41.070B or 1.41.070C occurs may arrest
the violator without a warrant. and a nolice officer may
accent custody of that arrestee for criminal enforcement
processing.
~ The Director may initiate other administrative enforcement and
compliance methods in accordance with this Chanter 1.41 and
Chanters 1.30 and 1.40. as an9ropriate.
Sec. 1.41.080 Reserved.
12
Sec. 1.41.090 Reserved.
Sec. 1.41.100 Administrative citations.
A..-- The Council finds that there is a need for an alternative
method of enforcement for minor violations of the Municipal
Code and applicable state codes. The Council further finds
that an appropriate method of enforcement for minor violations
is an administrative citation program. The procedure
established in this section shall be in addition to criminal,
civil or any other legal remedy established bv law which may
be pursued to address violations of the Municipal Code or
annlicable state code.
.B..... An administrative citation can be issued to a responsible
partv for violation of a regulatory provision of this code or
state law, and the responsible party be required to nay an
administrative fine. Administrative citations and nenalties
are narticularly appropriate in cases of structural. buildina
and zoninQ violations that do not create an immediate danger
to health or safety if the responsible party has failed to
correct the violation after the issuance of a notice of
violation pursuant to section 1.41.030.
13'
h An administrative citation may be issued in lieu of the
ini tiation of a criminal action for the same violation.
However, in particularly eqreqious cases, criminal enforcement
may be appropriate for continuing violations if the
administrative citation is ignored by the resDonsible Darty.
lh The amount of administrative fine that may be imposed for each
separate violation of the same code section is as follows:
~ $100 for a first violation: $200 for a second violation
within the twelve calendar months of the first violation:
$500 for each additional violation occurrina
after the second violation and within 12
months of anv prior violation.
~ Issuance of an administrative citation and payment of the
administrative fine does not excuse compliance and
corrective action regarding the violations. Although
continuina violations of the Municipal Code are separate
offenses, the responsible Dartv shall be allowed a
reasonable time of not more than thirty days in which to
correct the violation before a second or subsequent
administrative citation may be issued.
14
~ A responsible party may request administrative review of
an administrative citation Dursuant to ChaDter 1.40.
~ The administrative citation shall contain the following
information:
~ Date of the violation.
~ Address and location of violation.
~ Description of violation.
~ Applicable codes and statutory sections violated.
~ Corrective action required.
~ An order to bring the violation into compliance.
~ Notice of the fines to be imposed.
~ A date, not less than twenty days, bv which payment of
the fine must be made.
~ Location for payment.
15
~ Notification that Davment does not excuse correction of
the violation.
~ Notice of right to request review pursuant to Chapter
1.40 of the Municipal Code.
~ A party filina a timely request for review pursuant to Chapter
1.40 shall post a deDosit with the director. Enforcement of
the administrative fine shall be stayed pending the decision
of a hearing examiner if a hearing is requested. Procedures
for review shall be in accordance with ChaDter 1.40. The
deposit will be returned if the appeal is granted. A final
order is not subject to iudicial review after twenty days have
elaDsed from the date of its issuance, unless the party
comDlies with Government Code section 53069.4. See section
1.40.020(G\. A final order may be enforced pursuant to
section 1.41.160.
Sec. 1.41.110 civil Penalties.
A..-- The Council finds that there is a need for alternative methods
of enforcement of the Chula vista Municipal Code and
applicable state codes. The Council further finds that the
assessment of civil penalties through an administrative
hearing procedure for code violations is a necessary
alternative method of code enforcement. The administrative
16
assessment of civil penalties established in this section is
in addition to anv other administrative or judicial remedy
established by law which mav be pursued to address violations
of the Municipal Code or aDDlicable codes.
.B..... civil Denalties may be assessed against a responsible party
for continued violations of the Municipal Code or applicable
, b' t'
state codes. whether of the same sectlon or anv com lna lon,
that reflect a continuing disreaard for the reauirements of
such laws. The director mav issue a notice and order to the
responsible party assessing a civil penalty pursuant to
Section 1.41.110. The civil penalty may be enforced against
the responsible party as a lien pursuant to section 1.41.140.
h Except for violations of land grading ordinances contained in
Chapter 15.04: civil penalties may be assessed at a daily rate
not to exceed $1,000 per violation per day. and not to exceed
a total of $100,000 per tax assessor's parcel number in the
case of unimproved real property. or $100.000 per each
structure aaainst which violations have existed on a single
tax assessor's parcel number for any related series of
violations.
lh The civil penalty for violations of land grading permits or
land aradina work done without the issuance of a permit shall
17
be based on an estimate by the director of grading work
performed. The rate of civil penalties shall be as follows:
~ Less than 250 cubic yards, but not meeting the
requirements for an exemDtion from grading permit under
~
~
~
~ In the event any individual, firm, company, developer
or DroDerty owner causes a second violation of the land
gradina Dermit ordinance. either on the same property
Dr different Droperty, and whether Dr not part of the
same development. the rate of civil penalties shall be
doubled. For third and subsequent violations the rate
of civil penalties shall be multiplied by a factor of
four.
15.04.150: $1. 000 per violation
251 to 500 cubic yards: $5,000 per violation
501 to 1. 000 cubic yards: $10.000 per violation
Over 1. 001 cubic yards: $25.000 per violation
~ civil penalties under this section 1.41.110 may be accrued
retroactive to the date the violations were first discovered
as evidenced by the issuance of a notice of violation
pursuant to section 1.41.030, or any later date determined
by the director. In determining the amount to be imposed on
a daily rate, the director shall consider the fol1owing
factors:
18
~
~
~
~
2..
~
~
~
~
t' .
f the viola lon.
Duration 0 ___
of the violation:
enc~ or occurrence
Freau _
Freauency or
violations during the
occurrence of other
period of accrual:
, . relation to its threat
f the vlolatlon in
Seriousness 0 __
health, welfare or safety:
or impact upon public
of the violations:
History __
" k by. the responsible party to
ActlVltV ta_en __
correction of the problem:
interfere with __
obstruct or
Good faith or bad
party to complv:
by the responsible
faith efforts __
The
surrounding property
h violation on the _
impact of t e _
't .
and communl y.
The financial
rtv to have
resDonsible pa "
ability of the __
, 'a timely fashion.
corrected the violatlon ln
The director shall
t' of the proDosed
no lce
~
1 40 concernina
comply with Chapter.
, and the riaht to a
civil penaltles _
19
hearing to contest or confirm. Unless contested. the notice
and order shall be final and be enforced pursuant to section
1.41.160. If contested, the hearing examiner shall limit
the hearing to the followinq issues:
~ Whether the responsible party maintained a use or
condition on real property that violated the Municipal
Code or state law on the dates specified: and
~ Whether the civil penalty assessed is consistent with
the criteria expressed in section 1.41.110E. The
hearing examiner may, however, exercise discretion
pursuant to section 1.40.020E and increase or decrease
the penalties assessed to a level determined to be
supported by the evidence meeting the criteria under
Section 1.41.110E.
~ The director shall issue a final order based on the
proceedinas under section 1.41.110E. and establish a date
for Dayment, following which date an enforcement lien shall
be imposed UDon the Droperty. The imposition of an
enforcement lien may be made a Dart of the proceedings and
notice and order under the preceding section 1.41.100 or
this section 1.41.110.
20
Sec. 1.41.120 Abatement Action.
Procedures for the abatement of nuisances, when reauired for
t' t' t"
correc lve ac lon, are con alned ln Chapter 1.30.
Sec. 1.41.130 Reserved.
Sec. 1.41.140 Cost Recovery.
Pursuant to Government Code section 38773, costs and penalties
mav be recovered and enforced aqainst resDonsible parties under
this Chapter 1.41 include, but are not limited to. the following:
A..-- Citv's direct cost for abatement of nuisances, together with
apDlicable overhead:
.B..... Costs of salarv and aDplicable overhead of those city
employees and contract personnel involved in the
investigation. enforcement and remediation or abatement of a
nuisance:
h City costs for equiDment use or rental:
lh Attorney's fees:
~ Court costs and witness fees:
21
~
~
H...
1....
.r.....
K...
Costs of
geotechnical,
and studies:
technical
and other
ineerina
eng
services
and civil
' fines_
' istratlve
Admln_
41:
ChaDter 1.
this _
nt to
d nursua _
impose ...
penalties
nursuant
' n fees ...
Reinspectlo
1.41.060:
to section
f monitoring
Costs 0
, abatina
'torlng,
rnonl
correcting,
for _
, S'
violatlon .
and __
necessary
programs
. nuisances
mitigatlng
or __
rational Iv
blv and _
reasona "
t or expense abate a
f e cos . fforts to _
ther e . t e______
Any 0_ 'tv's enforcemen applicable
to the Cl " h's code or
related -- , n of t 1
------ a violatlo _
correct _
ce or __
nuisan _
state law:
ages
ble dam
Tre
Section 38773.7.
t Code
Governmen
ant to _
rable pursu
recove 160(C)).
tion 1. 41.
(See Sec _
1. 41.150
Sec. _
of Costs.
f'rmation _
Con_l_
't '5
' f the Cl y
, he conclUSlon 0
Followlna t director shall
' 5 the__
tive actIon.
correc 'ble
nonsl___
iate res,...
d aDDropr llv
an individua "
ainst each
costs ag that was
1 j;!roDerty
the rea_ _
against
, abatement or
diatlon,
reme___
rtv owner
Drone_
t of
assessmen
notifY the
nroposed
' s of a ..._
Dartle sessment
lien or as
nd as a t
a - ba temen
subject of a
the __
or
22
corrective action. Notice and an opportunity to be heard and
contest the basis for the assessment of costs Dr lien shall be
provided to those parties in accordance with Chapter 1.40.
Following any hearing or waiver thereof, the City Manaqer may
then issue a final order of confirmation of costs against the
respective resDonsible parties.
Sec. 1.41.160 Enforcement.
A..-- In accordance with Government Code section 38773, the city
Manager or a director. or both as appropriate, may enforce
the confirmation of costs as follows:
~ As a personal obligation against a responsible party:
.and...
~ Either: As a recorded lien with the prioritv of a
judgement lien in the real Dropertv records of the
Countv aaainst any real DrODertv which was the subject
of abatement or corrective action: or.
As an assessment against the propertv which was subject
to abatement Dr corrective action. to be collected in
the same manner as municiDal taxes.
23
.B.....
The citv
, 'udicial
obtaln J
aDDropriate.
where - 't
the Cl v
38773.7,
section
out of or
judgment
thorized to
is au____
director ,
Attornev Dr re of the 11en.
foreclosu
for the ent Code
Governm_
ursuant to
ddition, p 1 damages
In a__ k treb_e _
may see
Manager t'on arose
' aC_l__
the correctlve
ts where 'vil or
t cos__ ent Cl__
tho abate~en or ,OO,e"" for
fo. -- ,eOODd - ovided _
tituted a 'od. as pr
cons___ ar 1;)erl_
~o~__ OB
'thin a - '1 41.16
Wl__ 'tlon _'__
thlS Sec_
nt of --- , 'ng the
Enactme authorlzl
ordinance _
of an ernment
ith Gov__
dance w_
in accor _
City
Manager,
enforcement
criminal
that section.
in - tment
the enac_
titutes
cons_ es
ble damag
of tre___
recovery
, 38773.7.
Code Sectlon
Sec.
1.41.170
, faction
Satls
obligation.
of Lien or
nroperty by
real ..._
mber. and
Darcel TIU
~ director
by- the _
the Countv
ies for all
'ble part
e responsl 11
or mor of a__
II by one comDletion
t ln fu__ torv ____ 1
""Pen ' tl'fao__,_ sb,'-
UDon · nt and the sa_ or di<ecto< _
'Dfo",,~e city Manager "liance,
' d the - of com..._
requlre , -- 'a notice
nsible partles the affected
all reSDO d identify _
; asu, '0 '''''e. aIL . ,
romDtly 'II be s, """0.
o liance W> and tas
f 0,",0 riotion _ ,
h DoUce n Ie al de'o_ records 0
T e ,gg..." 0 I p""Padv
' the rea
recorded ln
be - recorded.
if a lien was
costs of
tion
tive ac
correc
Sec.
1.41.180
t Fund.
Abatemen
24
The city Manager is authorized to establish a revenue fund to be
used for abatement and code enforcement purposes. Funds
recovered under Section 1.41.140 may be deDosited in this
account, and any surplus above an operating reserve as may be
established by the City Council shall be transferred from time to
time to the General Fund. All Denalties and fines collected
under Section 1.41.140 shall be deposited to the General Fund.
(H:\shared\bld_hsg\chap1413,wpd)
October 14, 1997
25
EXHIBIT F
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CITY OF
CHUlA VISfA
POLICY AND PROCEDURES MANUAL
For
ADMINISTRATIVE CITATIONS
Department of Building and Housing
Department of Building and Housing
Code Enforcement Division
October 1997
(CITPMAN3)
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VII
SECTION VIII
SECTION IX
SECTION X
SECTION XI
APPENDIX
POLICY AND PROCEDURES MANUAL
FOR ADMINISTRATIVE CITATIONS
INDEX
Introduction .. . . . . . . . . . . . . . . . . . , . . . . . . , . . , , . . . . . . . . " 1
Violation Appropriate for Administrative Citations , . . . . . . . . . .. 1
To Whom A Citation Can Be Issued """"""""",." 1
Policies - Issuancellmplementation . . . . . . . . . . . , , , , . . , , , . , 2-3
Policies - Appeals .............,....""."""""" 3-4
Issuance Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-6
The Appeal Procedures. . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . 6-7
Hearing Procedures ".......,.....,..,.............. 7-8
Hearing Officer Authority , , , , , , , , , , . , , , , , , . . , . , , , , . . . . .. 8
Investigator/Supervisor Responsibility For Appeal "" , , , , , " 8
Follow Up """""""""""""""",.",.",. 9
List of Violations Appropriate For Administrative Citation . . . . 10-?
PROCEDURES MANUAL FOR ADMINISTRATIVE CITATIONS
These are Policy Guidelines only and do not create any legal rights or obligations. They
are meant to provide general guidance to City staff but are not binding and are not legal
requirements.
SECTION I - INTRODUCTION
Municipal Code, Section _'_'_ through _'_'_ provides the authority to issue
administrative citations for minor violations of the Municipal Code, The Code provides for
escalating fines for non-compliance, The purpose of this remedy is to induce compliance
by applying a monetary penalty for non-compliance. It is not a cost recovery mechanism,
but should be used in conjunction with cost recovery tools.
SECTION II - VIOLATIONS APPROPRIATE FOR ADMINISTRATIVE CITATIONS
As a general rule, only minor violations should be addressed by administrative citations.
For purposes of administrative citations, this means they should be clear-cut, relatively
uncomplicated and easily correctable, generally within 20-30 days, If the compliance
period needs to be more than 30 days, the case may not be a good candidate for citation
and needs supervisorial approval. As with any enforcement remedy, the decision to use
administrative citation should include assessment of how effective it is likely to be in
gaining compliance and whether or not it is appropriate to the situation.
Specific violations appropriate for administrative citations are listed in Appendix 1, Please
note that Health and Safety Code Section 17920.3 should not be used. Additional
violations appropriate for administrative citations may be identified in policy memos issued
by the Director of Building and Housing. Violations not so identified and not on this list
should not be subject to administrative citation,
SECTION III - TO WHOM A CITATION CAN BE ISSUED
A citation may be issued to the party responsible for the violation, In general, the
responsible person as defined in Chula Vista Municipal Code, Section _'_'_ will be
one or more of the following:
1, The person who caused the violation.
2, The owner of the property on which the violation exists.
3. The owner of the business that is in violation,
- 1 -
PROCEDURES MANUAL FOR ADMINISTRATIVE CITATIONS
SECTION IV - POLICIES - ISSUANCEIIMPLEMENTATION
.
The maximum fine allowed by the Code will be charged, Le., $100 for the first
citation, (first level); $200 for the second citation, (second level); $500 for the
third citation (third level).
.
A maximum of three citations for the same violation may be issued; if
compliance has not been gained, another remedy should be selected,
.
An administrative citation may be issued as an initial enforcement step or
may follow a Notice of Violation, In the latter situation, a citation may not be
issued until the compliance date on the N.O.V. is past.
.
More than one party can be held responsible for a violation, but separate
citations must be issued to each responsible person.
.
In the case of more than one minor violation on a property, all violations may
be included on the same citation or separate citations may be issued for
each. If citations are issued by different inspectors or investigators, they
should be coordinated to the greatest extent possible,
.
An inspector or investigator, upon discovery of a violation, has the discretion
to issue either a warning notice or first citation, However, if a warning
citation is issued, a fine may not be assessed until the expiration of the
warning or compliance period.
.
Additional citations should not be issued on the same violation if an appeal
has been filed. New citations may be issued for new violations occurring or
discovered subsequent to the filing of an appeal. (Inspectors! investigators
will be notified by the Supervisor of appeals.)
.
Administrative citations may be used in the case of repeat violations, Le" a
repeat of a violation which has previously been corrected, but has since
become non-compliant. If such repeat violation occurs within one year or the
date the prior violation was corrected, a higher level citation amount may be
imposed or if the case previously went to the third level, the highest citation
level may be repeated,
.
Administrative citations may be used for new or additional violations even if
there is a current case at the property,
-2-
PROCEDURES MANUAL FOR ADMINISTRATIVE CITATIONS
.
Once issued, an administrative citation cannot be retracted by field
enforcement personnel; special requests for dismissal may be approved only
by the Senior Code Enforcement Officer, the Assistant Director of Building
and Housing or the Director of Building and Housing by use of a standard
form indicating the reason for the dismissal.
SECTION V - POLICIES - APPEALS
.
Appeals to Administrative Citations must be made in writing and submitted
to and received by the Department of Building and Housing at 276 Fourth
Avenue, Chula Vista, CA 91910, within ten (10) calendar days of issuance,
The request for appeal must include payment of a fee equal to the amount
of the citation. Appeals must be in written form and may be mailed or
submitted in person; if mailed, the postmarked date shall be considered the
receipt date, If the appeal is granted, the fee will be refunded to the
applicant. If the appeal is not granted, the fee will be applied as payment of
the administrative citation.
.
Appeal hearings will be rescheduled once, if requested by the appellant at
least five (5) days prior to the hearing, Requests for rescheduling for good
cause may be considered after this, but in no event within 40 hours of the
scheduled date and time. If a rescheduling is denied, the appellant may
send a representative to the hearing or may submit written documentation
regarding his or her appeal. The appellant may also request a continuance
from the hearing officer.
.
An appellant may send a representative to the hearing in his or her place,
but the representative must have written authorization from the appellant and
must be prepared to testify under oath that he or she is authorized to
represent the appellant.
.
Notices of the appeal hearing will be sent both certified and regular mail,
pursuant to the Municipal Code, Service requirements are considered met
as long as both the regularly mailed notice is not returned as undeliverable
and the certified mail is returned unaccepted.
.
A late charge will not be applied when an appeal has been properly filed,
.
Translators, if required, should be provided by the appellant at the
appellant's sole cost.
PROCEDURES MANUAL FOR ADMINISTRATIVE CITATIONS
- 3-
.
Failure of the appellant to appear results in cancellation of the hearing and
a waiver of the right to an appeal hearing, provided that proper notice has
been given. This constitutes the exhaustion of administrative remedy, It also
means that the citation issued is in effect as issued and that enforcement
may proceed, The Hearing Officer shall sign an administrative enforcement
order ordering....
.
Appeals that are submitted after the deadline will not be accepted,
.
If more than one party has been cited for the same violation(s) and more
than one party appeals, one appeal hearing will be scheduled,
SECTION VI - ISSUANCE PROCEDURES
A.
Steps:
1, Identify the party responsible for the violation, If this is rental
residential or commercial property, either the tenant or the property
owner or both may be held responsible, If you are in doubt, cite both,
2. Attempt to locate the responsible party and issue an administrative
citation to him or her directly, If only the manager or tenant is located,
the administrative citation may be given to that person with the
responsible party named on the citation. A copy of the administrative
citation must then be mailed to the responsible party as indicated in
#6 below,
3, If the party responsible for the violation is located, obtain the signature
of that person on the administrative citation. If that person refuses or
fails to sign the administrative citation, this should be so noted on the
citation, Failure or refusal to sign does not affect the validity of the
citation and subsequent proceedings, No additional mailed notice is
required when the responsible party is personally given the citation.
4. If you are unable to locate the party responsible for the violation or
anyone else on the site with clear authority to accept the citation on
behalf of the responsible party, the administrative citation must be
mailed to the responsible party as indicated in #6 below AND shall be
posted in a conspicuous place on the property.
PROCEDURES MANUAL FOR ADMINISTRATIVE CITATIONS
- 4-
5. The administrative citation must contain the signature of the issuing
City Enforcement Officer,
6. When mailing is required, it shall be done by certified mail, postage
paid, return receipt requested, and by first-class mail postage prepaid.
The failure of any person with an interest in the property to receive or
accept such notice does not affect the validity of any proceedings
taken under this section, Notice by certified mail in the manner
described above becomes effective on the date of mailing.
B.
Issuance to Corporation or Partnership:
When citing a corporation, the agent for service should be named, When
citing a limited partnership, the general partner should be named. Be sure
to consult your supervisor prior to issuing a citation if the owner is a
corporation or limited partnership. Citing a corporation is difficult and
requires additional steps,
C.
How to Complete a Citation Form:
1. Fill out the form completely,
2. Check box to indicate the level of the citation; Le" a first, second or
third citation.
3. Assign a due date for correcting violation(s), Allow a reasonable
amount of time to correct the violation(s), generally a minimum of 24
hours and a maximum of 30 days.
4. Fill in the name of the person cited, Le., the responsible party,
5. Identify the relationship of the person cited to the violation address;
e,g" property owner, tenant or construction foreman,
6. List business name of cited party if applicable,
7. Include the specific Municipal Code Section(s) and description of the
violation(s),
8. Write a complete description of the corrections required,
PROCEDURES MANUAL FOR ADMINISTRATIVE CITATIONS
- 5-
9. Provide the responsible party with the information needed to make the
necessary corrections.
10. SIGN THE ADMINISTRATIVE CITATION. Remember, the case may
be dismissed by a hearing officer if signature is missing. Write in the
date the citation was issued, the time and date the violation was
observed, and your phone number.
11. Attempt to get the citation signed by the responsible party or the
manager/agent on the site. If the contact person or responsible
representative refuses to sign, simply indicate in signature block,
"Refused to sign".
12. Make sure you have documented in the file all procedures used to
notify the responsible party of the administrative citation. (Take a
picture of the posted citation; keep the receipt for certified mail in the
case file,)
13. The cited party should be reminded that if the violation is not removed
or corrected within the stated time limit, subsequent citations may be
issued; that paying the fine does not excuse the violation nor does it
bar further enforcement action; and that a late penalty will be charged
if payment is not made by the due date.
14, Deliver citation as described in the previous section.
15. Del iver appropriate copy to the Finance Department for billing
services.
SECTION VII - APPEAL PROCEDURES
NOTE:
Appeal rights are explained on the reverse side of the citation form,
1, Any person receiving an administrative citation may appeal it within
ten (10) calendar days from the date the citation was issued, The
appeal, which must be in writing, must be postmarked or delivered by
the 10th calendar day from issuance and must contain the mailing
address to which notice of the scheduled hearing will be mailed to the
appellant.
PROCEDURES MANUAL FOR ADMINISTRATIVE CITATIONS
- 6-
2, Senior Code Enforcement Officer or designee is responsible for the
processing of appeals. He/she will request the case file from the field
staff and will specify the information needed for the hearing,
3. A hearing package containing standardized information will be
prepared by the Department and mailed to the appellant and hearing
officer. If the inspector has vacation or other scheduling
considerations, it must be noted on the case file, Normally, hearings
will be scheduled about three weeks from when requested, The Code
Enforcement Division staff will schedule the hearing and inform the
inspector as to date, time and place. Department staff is responsible
for notifying the appellant by first class, prepaid mail to the address
specified on the appeal form, of the date, time and place and sending
the hearing package to the appellant and the hearing officer. If the
appellant does not appear, the appeal is considered waived by the
appellant and the citation is now administratively final.
SECTION VIII - HEARING PROCEDURES
1.
Code Enforcement staff arranges for the hearing, provides a hearing room,
and ensures that a tape recorder is in place.
2.
Whenever possible, an inspection should be made the day prior to the
hearing so that the current status is known,
3.
The Director of Building and Housing will assign staff to present the City's
case and present relevant evidence to show that:
a. The cited violation(s) are valid and where a Notice of Violation was
issued, that the necessary correction(s) were not made within the time
allowed,
b. All required administrative procedures and notices were correctly
executed.
PROCEDURES MANUAL FOR ADMINISTRATIVE CITATIONS
4,
- 7 -
At the hearing, staff should listen carefully to the violator or representative's
testimony, take notes and be prepared to correct any misstatements or
discrepancies. For instance, if the violator states "The Enforcement Officer
never told me what I needed to do to comply with the Ordinance.", then the
Department's representative should state the chronology of the case and
what information was given to the violator regarding compliance. The
representative should also have a signed copy of the notice of violation or
a photo of the posted notice and the signed return receipt of the
subsequently mailed copy of the notice,
5.
The City is required to accommodate citizens with disabilities who need to
attend an appeal hearing. Field staff should let Senior Code Enforcement
Officer know if they believe such services are required.
6.
The Department is not required to provide transcriptions of hearing, but shall
make available tapes of the hearing for a fee,
SECTION IX - HEARING OFFICER AUTHORITY
The Hearing Officer determines whether the conditions listed in any Notices violate the
Municipal Code or applicable state codes, The Hearing Officer may reduce, waive or
conditionally reduce the fines stated in the citation or any late fees assessed, Waiving or
reducing the fine does not eliminate the need to correct the violations or prevent the City's
use of other enforcement procedures, The Hearing Officer may also impose conditions
and establish stipulations for correction of violations and payment of fines and may assess
reasonable administrative costs, The Hearing Officer is a neutral third party whose
authority applies to the City as well as to the appellant. STAFF SHOULD NOT HAVE
CONTACT WITH THE HEARING OFFICER OUTSIDE THE HEARING NOR SHOULD
THEY AT ANY TIME PROJECT AN ATTITUDE OF FAMILIARITY WITH THE HEARING
OFFICER.
SECTION X - INVESTIGATOR/SUPERVISOR RESPONSIBILITY FOR APPEAL
Assigned staff is responsible for appearing at the appeal hearing and must be prepared
to present all evidence and testimony concerning the violation, This includes the
documentation submitted; how many contacts were made, when and with whom; a clear
explanation of the violation; what actions are required to bring the property into
compliance; and a copy of the administrative citation. Photographs may be attached to the
report.
PROCEDURES MANUAL FOR ADMINISTRATIVE CITATIONS
-8-
SECTION XI - FOllOW UP
The Hearing Officer's findings and order will generally include direction to comply by a
specific date, if compliance is still an issue at the hearing. Code Enforcement staff will
receive this document and forward to the Senior Code Enforcement Officer who is then
responsible for following up after that deadline and deciding what to do if compliance has
not been achieved. A copy will also be sent by Code Enforcement staff to the
violator/appellant. Code Enforcement staff will follow up on payments and will assist the
Finance Department in taking appropriate billing/collection actions, however the
investigator or inspector must inform the Senior Code Enforcement Officer of status if fines
are contingent on compliance actions.
EXHIBIT G
Amend Chapter 1.04 - General provisions - as follows:
1.04.010 Definitions and rules of construction.
In the construction of this code and of all ordinances of the city,
the following rules shall be observed, unless such construction
would be inconsistent with the manifest intent of the city council
or the context clearly requires otherwise:
1, "Abatement" means an act or combination of actions
designed to correct a nuisance, Abatement includes, but
is not limited to: removal, demolition or repair of
structures; removal of weeds, rubbish and debris,
reconstruction of structures to code, restoration,
grading and fill of illegally graded or developed land,
revegetation, vacating of illegal or non-conforming
structures; removing barriers improperly blocking off
public access; removal of encroaching structures onto
public property; and other action which is reasonably
related to the correction or mitigation of nuisances
under this code or state law,
2, "City" or "this city" means and shall be construed as if
followed by the words "of Chula Vista",
3, "City Manager" means an officer appointed by the City
Council as the City Manager, and includes those officers
and employees he or she designates to perform certain
functions. The term "City Manager" includes a director,
except in those proceedings where an appeal to the City
Manager is taken from the order of a director.
4, "Code" or "this code" means the code of the City of Chula
Vista, California;
5, "Code Enforcement Officer" means a person. other than a
police officer, designated by the City Manager or a
Director, to enforce violations of the Municipal Code,
A Code Enforcement Officer is authorized to issue notices
of violation and administrative citations pursuant to
Chapter 1,41, A Code Enforcement Officer is authorized
to issue misdemeanor citations or to arrest a person
without a warrant for a misdemeanor committed in his or
1
her presence which is a violation of state law or an
ordinance which the Code Enforcement Officer has a duty
to enforce. A Code Enforcement Officer may exercise all
powers of arrest pursuant to California Penal Code
3836.5, A Code Enforcement Officer is not a peace
officer within the definition of Penal Code Sections 830
through 832,8.
6 .
"Computation of time." The
provided by law is to be done
the first day and including the
is a legal holiday and then it
time in which any act
is computed by excluding
last, unless the last day
is also excluded;
7, "Council" whenever used in this code means the city
council of the city;
8, "County" or "this county" means the county of San Diego;
9, "Day" means the period of time between any midnight and
the midnight following;
10, "Daytime" and "nighttime," "Daytime" means the period of
time between sunrise and sunset. "Nighttime" means the
period of time between sunset and sunrise;
11, "Director" means the Chief of Police, Fire Chief, City
Engineer, Planning Director. Director of Building and
Housing, Director of Finance, Director of Parks and
Recreation, Director of Public Works, Director of
Community Development and the employees designated by
them, or assigned by job function to perform code
enforcement functions and duties, It also includes the
County Health Officer or Director of Public Health for
public health and sanitation.
12, "Gender." The masculine gender includes the feminine and
neuter;
13, "In the city" means and includes all territory over which
the city now has, or shall hereafter acquire jurisdiction
for the exercise of its police powers or other regulatory
powers;
2
14, "Joint authority," All words giving a joint authority to
three or more persons or officers shall be construed as
giving such authority to a majority of such persons or
officers;
15, "Month" means a calendar month;
16. "Notice" means a written document which informs a person
of the time. date and place for a hearing, the nature of
a penalty or corrective action required of that person,
and the Municipal Code section(s) applicable to the
proceeding. Service of notice is covered in Section
1.40.030,
17, "Nuisance" is as defined under California Civil Code
~3480, and includes a condition upon or use of real
property within Chula Vista that violates the Municipal
Code or state law, It may also include dilapidation or
disrepair of structures; the maintenance of a structure
in which illegal drug. gambling or prostitution activity
occurs; or, a structure on private property which
encroaches into public property.
18. "Number." The singular number includes the plural and
the plural the singular;
19, "Oath" means and includes an affirmation;
20, "Officers, departments, etc," Officers, departments,
boards, commissions and employees referred to in this
code shall mean officers, departments, boards,
commissions and employees of the city, unless the context
clearly indicates otherwise;
21, "Official time." Whenever certain hours are named in
this code, they shall mean Pacific Standard Time or
Daylight Saving Time, as may be in current use in the
city;
22. HOr/" Hand." II Or" may be read "and/" and "and" may be
read "or," if the sense requires it;
23, "Owner," applied to a building or land, means and
includes any part owner, joint owner, tenant in common,
tenant in partnership, joint tenant or tenant by the
entirety of the whole or of a part of such building or
3
land;
24,
"Person" means and includes any
association, organization. partnership,
corporation or company;
person, firm,
business trust,
25,
"Personal
property,
section;
property" means and includes every species of
except real property, as defined in this
26. "Preceding" and "following." The words "preceding" and
"following" mean next before and next after,
respectively;
27. "Process" means and includes a writ or summons issued in
the course of judicial proceedings of either a civil or
criminal nature;
28, "Property" means and includes real and personal property;
29, "Real property" means and includes land, improvements and
structures on land, tenements and hereditaments;
30, "Responsible Party" means individually and collectively:
4
_____n_ _.___~...___.._._._. ._~__
the owner(s) of real property upon which a violation of
this code or state law exists; or, a tenant or occupant
in possession, licensee or any other person who has
caused, created, or continues to allow a condition to
occur or exist upon real property constituting a
violation of this code or state law, A "Responsible
Party" can be a natural person or a corporation,
31.
I'Shall" and "may."
permissivei
"Shall" is mandatory and "may" is
32, "Signature or subscription by mark," "Signature" or
"subscription" includes a mark when the signer or
subscriber cannot write, such signer's or subscriber's
name being written near the mark by a witness who writes
his own name near the signer's or subscriber's name; but
a signature or subscription by mark can be acknowledged
or can serve as a signature or subscription to a sworn
statement only when two witnesses so sign their own names
thereto;
33, "State" or "this state" shall be construed to mean the
state of California;
34. "Tenant or occupant," applied to a building or land.
includes any person holding a written or an oral lease
of, or who occupies the whole or a part of, such building
or land, either alone or with others;
3 5 , "Tenses." The present tense includes the past and future
tenses, and the future includes the present;
36, "Week," A week consists of seven consecutive days;
37, "Writing" means and includes any form of recorded message
capable of comprehension by ordinary visual means.
Whenever any notice, report, statement or record is
required or authorized by this code. it shall be made in
writing in the English language, unless it is expressly
provided otherwise;
38. IIYearl1 means a calendar yearl except where otherwise
provided.
1.04.060 Time limit
decisions.
for
seeking
review
of
administrative
Pursuant to the California Code of Civil Procedure Section
1094.6, judicial review of any administrative decision of the city
may be had pursuant to Code of Civil Procedure Section 1094,5 only
if a petition for writ of mandate is filed not later than the
ninetieth day following the date on which the decision becomes
5
final~ except that if the action imposes an administrative fine or
penalty, the petition for review must be filed within twenty days
after the order is final pursuant to Government code Section 53069,
Amend Chapter 1.16 - Right of Entry for Inspection - as follows:
1.16.010 Applicability-Procedure required.
Whenever necessary to make an inspection to enforce any State or
Municipal Code provision, or whenever there is reasonable cause to
believe there exists a State or Municipal Code violation in any
building or upon any premises within the jurisdiction of the city,
any authorized official of the city may, upon presentation of
proper credentials, enter such building or premises at all
reasonable times to inspect the same or to perform any duty imposed
upon him or her by ordinance; provided, that except in emergency
situations or when consent of the owner and/or occupant to the
inspection has been otherwise obtained. he or she shall give the
owner and/or occupant, if they can be located after reasonable
effort, at least twenty-four hours' written notice of the
authorized official's intention to inspect, The notice transmitted
to the owner and/or occupant shall state that the property owner
and/or occupant has the right to refuse entry and that in the event
such entry is refused. inspection may be made only upon issuance of
an inspection warrant by a duly authorized magistrate_pursuant to
Code of civil Procedure Section 1822.50, In the event the owner
and/or occupant refuses entry after such request has been made, the
official is hereby empowered to seek assistance from any court of
competent jurisdiction in obtaining an inspection warrant for such
entry, It is a misdemeanor to wilfully refuse access after an
inspection warrant has been duly issued. (California Code of Civil
Procedure Section 1822.57). The above 24 hour notice requirement
shall not apply to any inspection where the authorized official
conducts the observations and inspection while within the public
right-of-way or within the unobstructed walkway between such right-
of-way and the front entry of any residence, nor shall it apply to
abandoned or inoperative motor vehicles inspected on site in
accordance with applicable state law.
Amend Chapter 1.20 - General Penalty - as follows:
1.20.010 Designated-Applicability.
A. Any person violating any of the provisions or failing to
comply with any of the mandatory requirements of the
ordinances of the city shall be guilty of a misdemeanor,
unless, at the sole option of the City, the violation is cited
and prosecuted as an infraction.
B, An infraction is punishable by:
6
A fine not exceeding one hundred dollars for a first
violation;
C. An infraction is not punishable by imprisonment, A person
charged with an infraction shall not be entitled to a trial by
jury. A person charged with an infraction shall not be
entitled to have the public defender or other counsel
appointed at public expense to represent him unless he is
arrested and not released on his written promise to appear, on
his own recognizance, or upon a deposit of bail,
D, A misdemeanor is punishable by:
Imprisonment in the county jail not exceeding six months,
or by fine not exceeding one thousand dollars ($1,000),
or by both,
E, Each such person described in A above shall be guilty of a
separate offense for each and every day during any portion of
which any violation of any provision of the ordinances of the
city is committed, continued or permitted by any such person,
and he shall be punished accordingly,
F, Payment of a fine shall not excuse payment of any fee required
by the Municipal Code,
G, In addition to the foregoing, any violation of the provisions
of the ordinances of the city is deemed to be a public
nuisance, Such violations may be abated by civil action or
pursuant to applicable administrative abatement procedures,
1.20.020 Infractions: Prosecutor's Discretion Defendant's Election
to have Infraction Treated as Misdemeanor.
A, A violation of any Chula Vista Municipal Code Section may. at
the discretion of the prosecutor, if the violation is
initially charged as a misdemeanor rather than an infraction,
be prosecuted as an infraction, subject to the procedures
described in Sections 1,20.010(C) and 1.20.030 when:
1, The prosecutor files a complaint charging the offense as
an infraction unless the defendant, at the time he is
arraigned, after being informed of his rights, elects to
have the case proceed as a misdemeanor or;
2. The court, with the consent of the defendant, determines
that the offense is an infraction in which event the case
shall proceed as if the defendant had been arraigned on
a infraction complaint.
Amend Chapter 1,24 - Arrest Procedures - as follows:
7
1.24.010 Notice required-Contents-Bail.
A. If any person is arrested for a misdemeanor and is not
immediately taken before a magistrate as is more fully set
forth in the Penal Code of the state, the arresting officer
shall prepare in duplicate a written notice to appear in
court, containing the name and address of such person, the
offense charged, and the time and place where and when such
person shall appear in court,
B, The time specified in the notice to appear must be at least
ten days after such arrest, unless waived,
C. The place specified in the notice to appear shall be as
prescribed by Penal Code Section 853,6.
D. The officer shall deliver one copy of the notice to appear to
the arrested person and the arrested person in order to secure
release must give his written promise so to appear in court by
signing the duplicate notice which shall be retained by the
off icer, Thereupon the arresting officer shall forthwith
release the person arrested from custody,
E. The officer shall, as soon as practicable, file the duplicate
notice with the magistrate as specified therein, Thereupon
the magistrate shall fix the amount of bail which in his
judgment, in accordance with the provisions of Section 1275 of
the Penal Code of the state, will be reasonable and sufficient
for the appearance of the defendant and shall endorse upon the
notice a statement signed by him in the form set forth in
Section B15A of the Penal Code of the state. The defendant
may, prior to the date upon which he promised to appear in
court, deposit with the magistrate the amount of bail thus
set, Thereafter. at the time when the case is called for
arraignment before the magistrate, if the defendant shall not
appear, either in person or by counsel, the magistrate may
declare the bail forfeited, and may in his discretion order
that no further proceedings shall be had in such case,
Upon the making of such order that no further proceedings be
had, all sums deposited as bail shall forthwith be paid into
the county treasury for distribution pursuant to Section 1463
of the Penal Code of the State,
F, No warrant shall issue on such charge for the arrest of a
person who has given such written promise to appear in court,
unless and until he has violated such promise or has failed to
deposit bail, to appear for arraignment, trial or judgment, or
to comply with the terms and provisions of the judgment, as
required by law,
8
Amend Chapter 1.30 - Abatement Procedures - as follows:
1.30.010 Purpose.
This chapter is enacted pursuant to civil Code Section 3491 et seq.
and Government Code Section 38771 et seq., and is intended to be an
alternative procedure for the abatement of any public nuisance
declared to be a violation of any statute, regulation or ordinance
enforced by the city, It is intended to provide a uniform
procedure for notification, right of appeal and assessment of costs
and collection thereof for the abatement of public nuisances. This
chapter may be used in conjunction with procedures established in
Chapters 1,40 and 1,41. The procedure herein is supplemental to the
general penalty provision found in Chapter 1,20, and is intended to
provide due process for all those required to abate a public
nuisance.
1.30.030 Summary abatement power.
Whenever this code or any other provision of law authorizes the
city manager or any other city officer to declare a public
nuisance, the nuisance may be summarily abated by any reasonable
means and without notice or hearing when immediate action is
necessary to preserve or protect the public health or safety
because of the existence of a dangerous condition or imminent
threat to life, safety on public or private property, Summary
abatement actions shall not be subject to the notice and hearing
requirements of this chapter and a city code enforcement officer
shall not be prohibited from summary abatement actions after
initiation of proceedings pursuant to this chapter if immediate
action at any time becomes necessary to preserve or protect the
public health or safety. Summary abatement is to be limited to
those actions which are reasonably necessary to immediately remove
the threat,
In the event a public nuisance is summarily abated, the city
abatement officer may nevertheless keep an account of the cost of
abatement and bill the property owner therefor. If the bill is not
paid within fifteen (15) days from the date of mailing, the
Abatement Officer may proceed to obtain a special assessment and
lien against the owner's property in accordance with the procedures
set forth in Sections 1.30,130 through 1,30,170 of this chapter.
1.30.050 Nuisance declared.
A city code enforcement officer may declare a public nuisance for
any reason specified in any city ordinance, Upon a public nuisance
being declared, the city code enforcement officer may issue a
Notice and Order to Abate substantially in the following form:
9
NOTICE AND ORDER TO ABATE
NOTICE IS HEREBY GIVEN THAT (sDecifv the condition constitutina the
nuisance)
is in violation of Section of the (Chula Vista MuniciDal
Code. or other applicable code or ordinance). The violation has
been declared a public nuisance by the (citv code enforcement
officer) and must be abated immediately, The public nuisance is on
property located at (insert address or other legal DroDerty
description)
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within (insert
a reasonable number of davs) ( ) [not less than tenl consecutive
calendar days from the issuance of this order. The issuance date
is specified below, You may abate the nuisance by (insert desired
action which, if taken. will adequatelv remedv the situation)
If you fail to
abate the public nuisance within the number of days specified, the
city may order its abatement by public employees, private
contractor, or other means, and the cost of said abatement may be
levied and assessed against the property as a special assessment
lien or billed directly to the property owner,
YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT but any such appeal
must be brought prior to the expiration of the number of days
specified above for completion of abatement. The appeal must be in
writing; specify the reasons for the appeal; contain your name,
address and telephone number; be accompanied by an appeal fee of
dollars ($ ); and be submitted
to the city manager at the following address:
City Manager
276 Fourth Avenue
Chula Vista, California 92010
Tel, No. (619) 691-5031
One who is legally indigent may obtain a waiver of the appeal fee.
Upon timely receipt of the appeal and accompanying fee, or waiver.
the city manager will cause the matter to be set for hearing and
notify you of the date and location of the hearing.
If you have any questions regarding this matter, you may direct
them to the city officer issuing this notice at the address or
telephone number listed below.
ISSUANCE DATE:
Name, title, address and telephone number
of the city abatement office issuing this
notice)
10
1.30.060 Service of notice and order to abate.
The Notice and Order to Abate shall be served in the following
manner,
A, By personal service; or,
B. By certified mail, addressed to the owner, or his or her
agent, at the address shown on the last equalized assessment
roll or as otherwise known, and addressed to anyone known to
the city abatement officer to be in possession of the property
at the street address of the property being possessed,
Service shall be deemed to have been completed upon the
deposit of said Notice and Order, postage pre-paid, in the
United States mail; and,
By posting such Notice and Order to Abate conspicuously in
front of the property on which, or in front of which, the
nuisance exists, or if the property has no frontage, upon any
street, highway, or road then upon the portion of the property
nearest to a street, highway, or road, or most likely to give
actual notice to the owner and any person known by the city
abatement officer to be in possession of the property.
1.30.070 Appeal procedure.
Any owner or other person in possession of the property may appeal
any Notice and Order to abate issued pursuant to his chapter to the
city manager or designee within ten days as allowed in the Notice
and Order to Abate. The appeal shall be submitted in writing,
specify the grounds upon which the appeal is taken, contain the
name, address, and telephone number of the appellant, be
accompanied by the payment of an appeal fee as set forth in the
Master Fee Schedule and be filed with the city manager, Timely
appeal shall stay any further abatement action until the hearing is
concluded, The city manager or designee shall set the matter for
hearing before a hearing examiner and notify the parties in writing
of the date and location of the hearing, at least ten (10) days
prior to said date,
1.30.080 Appeal fee: Determination
payment/refund.
of
amount/waiver
of
At the time of
Required Fee(s)
filing an appeal, the appellant shall pay the
as set forth in the City's Master Fee Schedule.
If the appellant claims an economic hardship in paying the appeal
fee, he or she may submit an application for waiver of the appeal
fee on forms provided by the city manager for that purpose, The
forms shall be substantially similar to those required of litigants
initiating court proceedings in forma pauperis pursuant to Section
11
68511,3 of the Government Code. The forms shall be executed under
penalty of perjury and contain a declaration as to the truthfulness
and correctness of the information contained therein, Upon
submittal of the completed forms, the appeal fee shall be waived,
if justification is demonstrated.
Failure to submit the waiver forms or pay the appeal fee in a
timely manner shall cause the appeal request to be automatically
denied, Enforcement of the Order to Abate may then proceed as if
no appeal request had been submitted,
If the appeal fee is paid and the
no public nuisance, the appeal
appellant without the payment of
accrued.
hearing examiner finds there is
fee shall be refunded to the
any interest which could have
1.30.090 Hearing procedure.
Hearings
qualified
conducted
before a hearing examiner appointed from a
persons approved in writing by the city manager
in accordance with the following procedures:
list of
shall be
A, Oral evidence shall be taken only on oath or affirmation. The
hearing examiner is authorized to issue subpoenas, administer
oaths, and conduct the hearing,
B. Each party shall have these rights: to be represented by
legal counsel; to call and examine witnesses; to introduce
exhibits; to cross-examine opposing witnesses on any matter
relevant to the issues even though the matter was not covered
in the direct examination; to impeach any witness regardless
of which party first called the witness; to testify in his or
her own behalf, He or she may be called and examined as if
under cross-examination.
C. The hearing need not be conducted according to technical rules
relating to evidence and ~itnesses, Any relevant evidence
shall be admitted if it lS the sort of evidence on which
responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law
or statutory rule which might make improper the admission of
such evidence over objection in civil actions. Hearsay
evidence may be used for the purpose of supplementing or
explaining any direct evidence but shall not be sufficient in
itself to support a finding unless it would be admissible over
objection in civil actions and irrelevant and unduly
repetitious evidence shall be excluded,
D. The hearing shall be conducted in the English language. The
proponent of any testimony to be offered by a witness who does
not proficiently speak the English language shall provide an
interpreter, approved by the hearing examiner conducting the
12
proceeding as proficient in
language in which the witness
interpreter shall be paid
interpreter.
the English language and
will testify, The cost of
by the party providing
the
the
the
E, The hearing may be continued from time to time upon request of
a party to the hearing and upon a showing of good cause
therefor,
F, The administrative procedures of Chapter 1.40 may be utilized
to supplement the above,
1.30.100 Determination of the Hearing Examiner.
The hearing examiner shall allow or overrule any or all
objections, and reverse, modify or affirm the determinations
of the city code enforcement officer and may direct the city
code enforcement officer to proceed and perform the work of
abatement if not performed by the owner or the person in
possession of the property within the prescribed time, The
decision of the hearing examiner shall be in writing, contain
findings of fact and conclusions of law, and be filed with the
city clerk within five (5) working days of the conclusion of
the hearing. A copy of the decision shall be sent to each
party appearing at the hearing, and if no appearance was made
by the appellant, to him or her by mail, at the address
specified in the appeal, The decision of the hearing examiner
shall be final when filed with the city clerk and constitutes
the exhaustion of administrative remedy,
1.30.110 Time for compliance.
If the hearing examiner decides that the Order to Abate should be
enforced, the owner, his or her agent or person in possession of
the property shall comply with the order within such period of time
as may be therein prescribed, and in the absence of any prescribed
time, within three (3) days from the date of final determination,
1.30.120 Noncompliance with order to abate.
Upon the failure, neglect or refusal to properly comply with the
Order to Abate within the prescribed time period, the city
abatement officer may cause to be done whatever work is necessary
to abate the public nuisance. An account of the cost of abatement
shall be kept for each separate assessor's parcel involved in the
abatement,
When the city has completed the work of abatement, or has paid for
such work, the owner of the property shall pay the costs of
abatement (See also Section 1.41.140), To this amount shall be
13
added the appeal fee, if it was previously waived. The combined
amounts shall be included in a bill and sent by mail to the owner,
or his or her agent for payment, if not paid prior thereto, The
bill shall apprise the owner that failure to pay the bill within
fifteen (15) days from the date of mailing may result in a lien or
assessment being placed upon the property.
1.30.130 Report and notice of hearing.
If the bill is not paid within fifteen (15) days from the date of
mailing, the city code enforcement officer shall render an itemized
report in writing to the city manager for hearing and confirmation,
To the report shall be attached the names and addresses of all
persons having any record interest in the property, At least ten
(10) days prior to said hearing, the city manager or designee shall
give notice, by certified mail, of said hearing to the record owner
of each assessor's parcel involved in the abatement, the holder of
any mortgage or deed of trust of record, and any other person known
to have a legal interest in the property, Said notice shall
describe the property by street number, legal description and tax
assessor's parcel number sufficient to enable identification of the
property and contain a statement of the amount of the proposed
assessment.
1.30.140 Hearing on report.
At the time fixed for receiving and considering the report, the
city manager shall hear the report or cause it to be heard by a
hearing examiner for the purpose of considering any objections of
any of the owners liable to be assessed for the work of abatement
or any other persons who may have a legal interest in the property.
The city manager or hearing examiner shall add to the proposed
assessment an amount equal to the cost of conducting the assessment
confirmation hearing. The city manager, or designee, may also make
such other modifications in the report as are deemed necessary,
after which the report shall be confirmed and be final and
conclusive.
1.30.150 Cost as special assessment and lien.
A certified copy of the assessment shall be recorded by the city
clerk in the Office of the County Recorder. The amounts and the
costs of abatement mentioned in the report as confirmed shall
constitute a special assessment against such property and are a
lien on the property for the amount of the respective assessment,
In addition to its rights to impose said special assessment, the
city shall retain the alternative right to recover its costs by way
of civil action against the owner and person in possession or
control jointly and severally.
14
1.30.170 Manner of collection-law applicable.
A. Thereafter, the amounts of the assessment shall be collected
at the same time and in the same manner as city taxes are
collected, and are subject to the same penalties and the same
procedure and sale in case of delinquency as provided for
ordinary city taxes. All laws applicable to the levy,
collection and enforcement of city taxes are applicable to
such assessments.
B. As an alternative, the city manager or hearing examiner may
impose an abatement lien upon the property in accordance with
Section 1.41.160,
1.30.180 Violations.
It is unlawful for any person to interfere with the performance of
the duties herein specified for the city code enforcement officer
or any authorized officer or employee thereof, or to refuse to
allow any such officer or employee or approved private contractor,
to enter upon any premises for the purpose of abating the public
nuisance or to interfere in any manner whatever with said officers
or employees in the work of abatement,
Paying a fine or serving a
person from responsibility
violates any provision of a
chapter,
jail
for
code
sentence shall
correcting any
being enforced
not relieve any
condition which
pursuant to this
Add new Chapter 1,40 - Administrative Procedure and Process - as
follows:
1.40,010 Purpose and Intent.
It is the purpose and intent of the City Council to promulgate
rules and procedures for the conduct of administrative
hearings required by statute, this Municipal Code, or
administrative regulation, in order to insure administrative
due process is accorded to affected parties. The requirements
and procedures of this Chapter shall be applicable to
administrative procedures and hearings regarding the denial,
suspension or revocation of a permit, license or entitlement,
and may be used to supplement or substitute for any
administrative hearing or administrative procedure prescribed
elsewhere in this Municipal Code, The procedures under
Chapter 1.40 may also be used in those situations where the
Municipal Code authorizes a hearing as a precondition to the
abatement of a nuisance, the imposition of an administrative
fine or penalty, or, as an administrative appeals procedure.
15
Sec. 1,40,020 Administrative Process.
A. Subj ect to the provisions of Section 1.40.060, the City
Manager or designee shall serve notice pursuant to Section
1,40.030 upon a party whose permit, license or entitlement has
been denied, or is to be suspended or revoked, or against whom
administrative enforcement action is proposed, that they shall
be allowed ten calendar days (thirty days for out-of-state
residents per Code of civil Procedures Section 415,40) to
request an administrative hearing to appeal or contest that
proposed action before it will become final. The request for
hearing must be made no later than ten calendar days from the
date of notification of the proposed action, The proposed
action by the City Manager shall become final and conclusive
if not appealed or contested. Except as provided in Section
1.40.060, the proposed action shall be stayed if properly
appealed, and be made final following the issuance of a
decision by a hearing officer pursuant to Section 1,40.0208.
B. Upon the filing of a request for a hearing or an appeal and
payment of the required fee, the City Manager shall appoint a
hearing examiner who shall be neutral and unbiased as to the
specific factual matter in contention and experienced in the
general subject matter. The hearing examiner may be appointed
either from within the City staff or outside sources, The
City Manager may provide compensation to outside sourced
hearing examiners.
C. The fee to request a hearing or an appeal of an administrative
citation or civil penalty shall be equal to the amount of the
fine identified on the administrative citation or the amount
of the civil penalty, but not more than $1,000. If the
hearing officer determines that the issuance of the
administrative citation or assessment of the civil penalty was
not appropriate based on the evidence provided then the appeal
fee will be refunded to the party that requested the appeal.
If the appeal is denied, the fee shall be applied as payment
of, or toward, the administrative citation or civil penalty.
The fee to request a hearing or an appeal of all other types
of administrative orders, unless specified otherwise in the
municipal code, shall be in the form of a deposit, the amount
to be determined by the city manager based on the anticipated
staff cost to conduct the hearing. If the cost of the hearing
or appeal exceeds the deposited amount, the requesting party
shall be responsible for payment of the additional costs
incurred, If the hearing officer determines that the
administrative order is not supported by the evidence, the
entire deposited amount will be returned to the party that
requested the appeal.
D, The hearing examiner shall notify the appellant of the time
16
and place for the hearing in accordance with Section 1,40,030,
allowing a minimum of ten calendar days from the date the
notice is mailed before the hearing is to be held,
E, The hearing examiner shall conduct the administrative hearing
in accordance with Section 1.40,050 and issue a written
decision promptly to all parties upon the conclusion of the
hearing, unless the appeal or request for hearing is withdrawn
by the requesting party, The hearing examiner may impose
conditions and deadlines for corrective action and reduce,
waive or conditionally suspend any fines or penalties
proposed, when the hearing examiner concludes, based upon the
evidence, that such action is equitable and more likely to
bring about compliance with the proposed order,
F. The hearing examiner's decision shall be based upon findings
supported by evidence. The standard of proof required to
render the decision shall be that of a preponderance of the
evidence, A preponderance of the evidence is established when
the weight of the evidence supporting the existence of a fact
in contention has the more convincing force, when balanced
against that evidence refuting the existence or applicability
of the same fact in contention,
G, The hearing may not be used as a substitute for discovery
pursuant to the Code of Civil Procedure, and any inquiry or
discovery In violation of this Section 1,40. 020F is not
competent or admissible against the party against whom it is
to be used upon appropriate motion or objection of that party,
H, A final order shall be issued by the hearing examiner. The
date of mailing of the final order by the hearing examiner to
the party by first class mail, with certificate of service
attached, shall constitute the date of the exhaustion of
administrati ve remedy, A party shall be advised by the
hearing examiner that it has ninety days pursuant to the
California Code of Civil Procedure Section 1094.6 from that
date in which to file for a writ of mandamus or other
applicable judicial review, except that if the determination
is made as to a decision imposing an administrative penalty,
fine or charge under Section 1,41.100, the time to appeal to
the Municipal Court is limited to twenty days pursuant to
California Government Code Section 53069.4. Failure to file
for judicial review within the applicable time limit makes the
order final non-appealable and confirmed, Until a timely
request for judicial review is filed, enforcement of the final
order may proceed in due course,
I. The city will use its best effort to tape record the hearing,
but is not legally obligated to do so, Any recording will be
retained for not to exceed 2 years, The private party may
also record the proceedings, A party may request a transcript
17
of the proceedings, if prepared, or be provided a copy of any
recording, if made, upon payment of the costs of preparation
or duplication.
Sec, 1.40,030
Service of Notices.
A. Except as provided in Section 1,40,030D, whenever a notice is
required to be given under the Municipal Code for the
enforcement of a proposed order or for hearing or appeals
purposes, the notice shall be served by any of the following
methods, unless different provisions are otherwise
specifically stated to apply:
(1) Personal service upon the responsible party; or
(2) Certified mail, postage prepaid, return receipt requested.
Simultaneously, a duplicate notice may be sent by regular
mail, postage prepaid. If a notice that is sent by
certified mail is returned unsigned, service shall be
deemed effective pursuant to service of the duplicate
notice by regular mail, provided that the duplicate notice
sent by regular mail is not returned as undeliverable,
Notice shall be mailed to the last address shown on the
County Tax Assessor's records if the notice concerns real
property, and to the last known address of any other party
to the proceeding shown in official records of the City of
Chula Vista;
(3) Posting the notice conspicuously on or in front of the
property,
B. Posting a notice or duplicate service by regular mail in the
manner described above shall be deemed effective on the third
day after mailing or posting, service by certified mail shall
be effective as of the date of signed receipt.
C, The service of an initial Notice of Violation may also be sent
by regular mail. Service of a Notice of Violation by regular
mail is effective on the third day after mailing,
D. Service of Notice through which a lien will be placed upon
real property will be in accordance with Code of Civil
Procedure Sections 415,10, 415.20, 415,30, or Section 415.40
if the responsible party resides out of state.
E, The failure of any party or person with an interest in the
property or the proceeding to receive any notice which has
been duly sent or posted in accordance with this section
1,40,030 shall not affect the validity of any proceedings
taken under this Code,
Sec, 1.40,035 Proof of Service of Notices.
18
Proof of service of any notice required by this Code may be made by
certificate or affidavit of an officer or employee of this City or
by affidavit of any person over the age of eighteen years, The
proof of service shall show that service was done in conformity
with this Code and any other provisions of law applicable to the
subject matter concerned,
Sec, 1.40,040 Reserved.
Sec. 1.40,050 Administrative Hearing Procedure.
The hearing before a hearing examiner shall be conducted in
accordance with the following procedures:
A. A hearing examiner is authorized to issue subpoenas,
administer oaths, and conduct the hearing, Subpoenas shall be
signed by the City Clerk, Oral evidence shall be taken only
on oath or affirmation,
B. Each party shall have the following rights: to be represented
by legal counsel; to call and examine witnesses; to introduce
evidence; to cross-examine opposing witnesses on any matter
relevant to the issues even though the matter was not covered
in the direct examination; to impeach any witness regardless
of which party first called the witness; to testify in his or
her own behalf. A party may be called as a witness by the
other party and be examined as if under cross-examination,
C, Appeals of quantities of work performed in connection with a
violation of land grading permits as estimated by the director
shall include a report by a licensed civil engineer qualified
to perform land surveys or a licensed land surveyor. The
report shall be prepared at the sole cost of the appellant.
Such reports shall include sufficient survey work to determine
the actual amount of land grading work done without a permit.
D, The hearing need not and should not be conducted according to
the technical rules of procedure and the California Evidence
Code relating to evidence and witnesses, Any relevant
evidence shall be admitted if it is the sort of evidence upon
which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any
common law or statutory rule which might make improper the
admission of such evidence over objection in civil actions.
Hearsay evidence may be used for the purpose of supplementing
or explaining any direct evidence but shall not be sufficient
by itself to support a finding unless it would also be
admissible over objection in civil actions. Irrelevant and
unduly repetitious evidence shall be excluded.
E, The proponent of any testimony to be offered by a witness who
does not proficiently speak the English language shall provide
an interpreter. The interpreter shall be approved by the
19
hearing examiner conducting the proceeding as proficient in
the English language and the language in which the witness
will testify, The cost of the interpreter is to be paid by
the party providing the interpreter.
F. The proponent for the Director may introduce into evidence and
rely upon an administrative record which clearly demonstrates:
a) The condition(s), act(s) or omission(s) upon which the
proposed action is based; b) the regulatory authority for the
proposed action; c) technical or factual data supporting the
proposed action; and, d) any other information or data
relevant to the proposed action, An administrative record
certified by the Director which meets the above criteria shall
constitute prima facie evidence in support of the proposed
action. The burden of going forward may then shift to the
opposing party, who may then cross-examine on the basis of the
administrative record and call witnesses appropriate to aid in
its examination of the administrative record. The opposing
party may call additional witnesses and introduce additional
evidence appropriate for opposition, defense, excusal or
mitigation of the proposed action,
G, The hearing may, at the discretion of the hearing examiner, be
continued from time to time upon request of a party to the
hearing and upon a showing of good cause therefor.
1.40.060 Immediate Action Excusing Prior Notice for Purposes of
Abating Dangerous Conditions or Imminent Threat to Life
or Safety.
The provisions for prior notice and hearing may be dispensed with
when, in the opinion of the director with the concurrence of the
City Manager, immediate action is necessary to summarily abate a
dangerous condition on public or private property or an imminent
threat to life or safety on public or private property. The
Director shall take only such action as is reasonably necessary to
summarily abate the danger, and shall thereafter expeditiously
comply with Sections 1.40.020 through 1,40,050 regarding notice and
hearing, if requested, to the responsible party(ies) regarding the
action taken by the Director to summarily abate the condition, The
purpose of the hearing will be to afford the responsible party(ies)
the opportunity to contest their responsibility for the costs or
scope of abatement, If further corrective action is necessary, the
Director will comply with this Chapter 1,40, and such other
sections of the Code as may be applicable regarding further
corrective action.
1.40.070 Consolidation of Proceedings.
A Director or the Hearing Examiner may consolidate one or more
administrative processes and orders proposed under this chapter and
Chapters 1,30 or 1.41, or both, into a single hearing, if
consolidation would be more efficient and cost-effective.
20
Add new Chapter 1.41 - Administrative Compliance and enforcement
Procedures - as follows:
Sec, 1,41,010 Purpose and Intent,
A. It is the purpose and intent of the City Council to establish
administrative procedures for obtaining prompt compliance in
the correction of both major and minor violations of the Chula
Vista Municipal Code and state law, Conditions in violation
of the Municipal Code or state law which affect conditions
upon or uses of real property within the City of Chula Vista
are hereby designated nuisances, The procedures authorized or
identified by this Chapter 1,41 are the following: notices of
violation; administrative citations; administrative fines and
penalties; cease and desist orders; abatement of nuisances;
recordation of notices of violation; authorization to charge
reinspect ion fees; cost recovery for costs of enforcement;
confirmation of costs; and recordation of liens and
assessments for cost recovery,
B. The procedures established in and through Chapter 1.41 may
cross reference, consolidate or incorporate by reference, as
applicable, enforcement methods established elsewhere in this
code, in order to create a uniform process for prompt code
compliance, administrative due process and effective
enforcement.
C, The City Manager, any cognizant Director and the City Attorney
are each authorized to utilize and initiate the procedures
established in this chapter and Chapters 1,30 and 1,40.
D, The procedures in Title 1 may be used as a supplement to
criminal or judicial enforcement action, or both, or in lieu
thereof, Selection of one method shall not preclude the use
of any other method or combination of methods when
appropriate,
E. The terms "Abatement", "City Manager", "Code Enforcement
Officerl1, HDirector"l "Nuisancell, and "Responsible Party 11 are
as defined in Section 1,04.010,
Sec, 1.41.020 Overview of Process.
A, Violations of the Municipal Code affecting uses of or
conditions upon real property may be corrected through the
issuance of a notice of violation pursuant to Section 1,41,030
to the Responsible Party requiring certain actions to be taken
to bring the property or structure into compliance. The
responsible party will be allowed a reasonable period of time
in which to correct the violation, normally not less than ten
calendar days. Failure to comply within the time prescribed
21
can then result in the issuance of an administrative citation
in accordance with Section 1,41,100 or any other method or
combination of methods deemed appropriate.
B. An administrative citation is a notice to the responsible
party which mandates the corrective action and establishes a
fine as a penalty for the prior non-compliance of the notice
of violation, Subsequent administrative citations may be
issued with increased penalty. Corrective action that may be
required of a responsible party includes, but is not limited
to, the removal of encroachments into public property, the
mitigation or restoration of land or adjoining property for
illegal grading or development, and the removal or
modification of structures to rectify any code violation or
cure any hazardous condition. It includes any other process
necessary for abatement. In addition, through the notice and
hearing procedures of Chapters 1.30 and 1.40, the responsible
party can be made subject to an order of abatement through
which the corrective work will be undertaken by the City and
the cost will be imposed as a lien against the property if the
responsible party fails to respond,
C, Each day a violation exists on real property is a continuing
and additional violation, and all remedies, penalties and
assessments are cumulative,
D, In addition to a notice of violation, a cease and desist order
can be issued pursuant to Section 1,41,070 to one or more
responsible parties or other persons who perform work in
violation of a permit or without a required permit, Violation
of the cease and desist order is a separate misdemeanor, A
responsible party or any person on scene actively conducting
the violation under the direction of a responsible party is
subject to arrest without a warrant for continuing work in
violation of the cease and desist order, as well as for the
actions constituting the violation of this code, A
responsible party can be required to obtain necessary permits,
restore or revegetate the property, or both, and correct or
mitigate the consequences of the violation. Administrative
citations can also be issued assessing administrative fines
for both the creation of and the continuance of the violation.
E, If the responsible party fails or refuses to correct the
violation, proceedings may be undertaken to abate any existing
or resulting nuisance pursuant to Chapter 1.30. Abatement
orders authorize a Director to enter upon property and correct
the violation or condition or the removal of encroachment upon
public property, Enforcement costs may be imposed against the
responsible party and non-complying property.
F. During the pendency of the violation and the enforcement
process, a notice of violation may be recorded against the
property pursuant to Section 1,41.040 describing the
22
particulars of the violation, to insure that the property is
properly abated prior to or upon transfer. The recorded
notice of violation will be released upon issuance of a notice
of compliance which shall be recorded by the Director in due
course within 15 days after request for such release by the
property owner,
G, During the inspection and enforcement process, cost recovery
can be imposed for the cost of reinspect ion (Section 1.41,060)
and the costs of City services to abate (Chapter 1,30. and
1,41,140), These costs may be recorded as a lien against the
property following the procedures under Chapter 1.41 or the
waiver thereof by the responsible party,
H, Various steps or procedures under Chapter 1,41 may require
notice and a hearing pursuant to Chapter 1,40. When
appropriate, notice and hearing requirements for separate
administrative actions may be consolidated,
Sec. 1.41.030 Notice of Violation,
A, A Code Enforcement Officer is authorized to serve a notice of
violation upon a responsible party for any violation of the
Municipal Code. The notice of violation will describe the
violation, the dates and location of the violation, the
applicable code section(s), the corrective action required and
a date for compliance reinspect ion , The responsible party
will be advised that a reinspect ion fee (Section 1.41,060)
will be imposed for a second and all subsequent reinspect ion
if compliance is not voluntarily obtained, and that an
administrative citation may also be issued along with civil
penalties pursuant to Sections 1,41,100 and 1,41.110 until the
property is brought into compliance. The responsible party
will be allowed a minimum of ten calendar days to correct
minor violations and no less than thirty calendar days for
major violations, A Code Enforcement Officer may extend the
time for a reasonable period beyond those limits if
circumstances dictate, The notice of violation will inform
the responsible party of the potential costs and consequences
that may ensue under this Chapter 1,41 if voluntarily
compliance is not obtained within the time prescribed, If the
violation is corrected in accordance with the terms of the
notice of violation, no costs or charges will be imposed.
B. Service of a notice of violation is effective upon delivery or
mailing pursuant to Section 1,40,030, Failure or refusal to
sign does not invalidate the notice of violation and
subsequent proceedings,
C, The property will be reinspected once for compliance. If the
responsible party refuses to allow inspection, after a
reasonable demand, the Code Enforcement Officer may obtain an
inspection warrant pursuant to Code of Civil Procedure Section
23
1822.50, Failure of the responsible party to allow inspection
or remedy the violation shall result in the issuance of an
administrative citation, the charging of reinspection fees and
may result in a separate criminal violation for the failure to
allow inspection, (CCP Section 1822,57)
D, If the violation also constitutes the performance of work
without a required permit or in violation of an issued permit,
the Code Enforcement Officer may issue a cease and desist
order pursuant to Section 1,41,070 to temporarily and
immediately enjoin the work and to take any other action
appropriate at that time. If the violation creates a
hazardous condition which affects public safety or an imminent
threat to life, safety, summary abatement may be initiated
pursuant to Section 1.30.030,
Sec, 1,41.040 Recordation of Notice of Violation,
A. Whenever a violation on real property remains uncorrected
after a notice of violation has been issued, a copy of the
notice of violation may be recorded by the director in the
real property records of San Diego County if the following
prerequisites are met:
1, A violation has remained uncorrected on the property for
at least 30 calendar days following service of the notice
of violation;
2,
The owner, if not the responsible party, has
of the prospective recordation and been
opportunity to correct the violation;
been notified
offered the
3, The property owner and all of the responsible parties
shall be notified that development permits shall be
withheld during the time the property remains in violation
pursuant to Section 1.41,040, except for those permits
that are necessary to bring the property into compliance,
4, The responsible party and the property owner have been
noticed and offered a hearing pursuant to Chapter 1,40 to
contest the proposed corrective action and the proposed
recordation,
B. The director is authorized to record the notice of violation
pursuant to this section upon issuance of the final order,
C. Cancellation of Recordation. The director shall issue to the
property owner and other responsible parties a signed notice
of compliance which states on its face that it cancels the
notice of violation once all violations have been corrected
and any administrative penalties, costs and fines involved in
the enforcement process have been paid. The notice of
compliance shall be recorded by the Director if the notice of
24
Sec. 1.41.050 Non-Issuance of Permits,
violation was recorded.
After a notice of violation has been recorded against the property
pursuant to Section 1.41.050, the City Manager shall withhold the
issuance of any permits for development upon that property save for
those permits necessary to correct the violation(s). A party whose
permits are to be withheld shall be noticed as part of the
recordation process pursuant to Section 1,41,040 and offered a
hearing pursuant to Chapter 1,40 in which to contest this decision,
Sec. 1,41,060 Reinspection Fees.
A,
B,
C.
D.
Sec.
A.
Reinspection fees are authorized to recover City costs when
excessive time and effort becomes necessary to obtain code
compliance. Reinspection fees are an appropriate method to
recover costs that are disproportionately attributable to
recalcitrant responsible parties.
After a notice of violation or an administrative citation is
issued or an order is issued by or under the authority of a
director which requires corrective action by a responsible
party, that party will be notified that it will be liable for
any reinspect ion fees necessary if the condition remains
uncorrected, The first inspection following the issuance of
the notice of violation, citation or order is considered part
of the normal cost of enforcement and will not be charged if
the condition is then promptly corrected. Otherwise, it will
be included as part of the costs of enforcement.
Reinspection fees may be collected and enforced as part of the
enforcement process or in combination with other
administrative proceedings under this Chapter 1.41, provided
the responsible party was notified in advance of its liability
for reinspect ion fees under Section 1.41. 060 (B). Appeals,
service of notice and hearing procedures are established in
Chapter 1.40.
Reinspection fees will be charged on the basis of actual staff
time utilized for the inspection(s), based upon the Master Fee
Schedule on file in the office of the City Clerk,
1.41,070 Cease and Desist Orders,
A director or code enforcement officer is authorized to issue
personally or to serve in accordance with Section 1,40.030 a
written cease and desist order upon any person violating a
provision of the Municipal Code through which work is being
performed without a permit, if required, or in violation of an
issued permit, Cease and desist orders are particularly
appropriate for violations of land grading, watercourse and
water and sewer regulations and related work which alters the
condi tion of real property or through which environmental
25
degradation or pollution will continue to occur if not stopped
immediately,
B. It is unlawful for any person to whom a cease and desist order
has been personally issued or served to continue to perform
work in violation of the terms of that order,
C. It is unlawful for any responsible party to whom a cease and
desist order has been served to continue to perform work or to
allow or permit another to continue to perform work in
violation of the terms of that order,
D.
Prosecution under Sections 1,41,070B or 1.41.070C does not
prosecution or administrative enforcement, or both, of
previous underlying violations for any or all days
violation had been in existence, or for the continuance of
underlying violation.
bar
the
the
the
E. Any Director or Code Enforcement Officer in whose presence a
violation of Section l,41,070B or l,41,070C occurs may arrest
the violator without a warrant, and a police officer may
accept custody of that arrestee for criminal enforcement
processing.
F, The Director may initiate other administrative enforcement and
compliance methods in accordance with this Chapter 1,41 and
Chapters 1,30 and 1.40, as appropriate.
Sec, 1,41,080 Reserved.
Sec, 1,41.090 Reserved.
Sec, 1.41,100 Administrative Citations.
A, The Council finds that there is a need for an alternative
method of enforcement for minor violations of the Municipal
Code and applicable state codes. The Council further finds
that an appropriate method of enforcement for minor violations
is an administrative citation program. The procedure
established in this section shall be in addition to criminal,
civil or any other legal remedy established by law which may
be pursued to address violations of the Municipal Code or
applicable state code,
B. An administrative citation can be issued to a responsible
party for violation of a regulatory provision of this code or
state law, and the responsible party be required to pay an
administrative fine, Administrative citations and penalties
are particularly appropriate in cases of structural, building
and zoning violations that do not create an immediate danger
to health or safety if the responsible party has failed to
26
correct the violation after the issuance of a notice of
violation pursuant to Section 1,41,030,
C, An administrative citation may be issued in lieu of the
initiation of a criminal action for the same violation.
However, in particularly egregious cases, criminal enforcement
may be appropriate for continuing violations if the
administrative citation is ignored by the responsible party.
D, The amount of administrative fine that may be imposed for each
separate violation of the same code section is as follows:
1. $100 for a first violation; $200 for a second violation
within the twelve calendar months of the first violation;
$500 for each additional violation occurring after
the second violation and within 12 months of any
prior violation,
2, Issuance of an administrative citation and payment of the
administrative fine does not excuse compliance and
correcti ve action regarding the violations. Although
continuing violations of the Municipal Code are separate
offenses, the responsible party shall be allowed a
reasonable time of not more than thirty days in which to
correct the violation before a second or subsequent
administrative citation may be issued.
3. A responsible party may request administrative review of
an administrative citation pursuant to Chapter 1,40.
E. The administrative citation shall contain the following
information:
1. Date of the violation,
2. Address and location of violation,
3. Description of violation.
4, Applicable codes and statutory sections violated,
5. Corrective action required.
6. An order to bring the violation into compliance,
7, Notice of the fines to be imposed,
8. A date, not less than twenty days, by which payment of the
fine must be made,
9. Location for payment.
27
10, Notification that payment does not excuse correction of
the violation.
11, Notice of right to request review pursuant to Chapter 1.40
of the Municipal Code,
F, A party filing a timely request for review pursuant to Chapter
1,40 shall post a deposit with the director. Enforcement of
the administrative fine shall be stayed pending the decision
of a hearing examiner if a hearing is requested, Procedures
for review shall be in accordance with Chapter 1,40, The
deposit will be returned if the appeal is granted, A final
order is not subject to judicial review after twenty days have
elapsed from the date of its issuance, unless the party
complies with Government Code Section 53069,4, See Section
1.40.020 (G) . A final order may be enforced pursuant to
Section 1,41.160,
See, 1,41,110 civil Penalties.
A, The Council finds that there is a need for alternative methods
of enforcement of the Chula Vista Municipal Code and
applicable state codes. The Council further finds that the
assessment of civil penalties through an administrative
hearing procedure for code violations is a necessary
alternative method of code enforcement. The administrative
assessment of civil penalties established in this section is
in addition to any other administrative or judicial remedy
established by law which may be pursued to address violations
of the Municipal Code or applicable codes.
B, Civil penalties may be assessed against a responsible party
for continued violations of the Municipal Code or applicable
state codes, whether of the same section or any combination,
that reflect a continuing disregard for the requirements of
such laws, The director may issue a notice and order to the
responsible party assessing a civil penalty pursuant to
Section 1,41,110. The civil penalty may be enforced against
the responsible party as a lien pursuant to Section 1.41,140.
C, Except for violations of land grading ordinances contained in
Chapter 15,04; civil penalties may be assessed at a daily rate
not to exceed $1,000 per violation per day, and not to exceed
a total of $100,000 per tax assessor's parcel number in the
case of unimproved real property, or $100,000 per each
structure against which violations have existed on a single
tax assessor's parcel number for any related series of
violations,
D. The civil penalty for violations of land grading permits or
land grading work done without the issuance of a permit shall
be based on an estimate by the director of grading work
performed. The rate of civil penalties shall be as follows:
28
'-'-"'--"-'-
1, Less than 250 cubic yards, but not meeting the
requirements for an exemption from grading permit under
15,04,150: $1,000 per violation
2, 251 to 500 cubic yards: $5,000 per violation
3, 501 to 1,000 cubic yards: $10,000 per violation
4, Over 1,001 cubic yards: $25,000 per violation
5, In the event any individual, firm, company, developer or
property owner causes a second violation of the land
grading permit ordinance, either on the same property or
different property, and whether or not part of the same
development, the rate of civil penalties shall be
doubled. For third and subsequent violations the rate
of civil penalties shall be multiplied by a factor of
four,
E, Civil penalties under this Section 1,41,110 may be accrued
retroactive to the date the violations were first discovered
as evidenced by the issuance of a notice of violation
pursuant to Section 1.41,030, or any later date determined
by the director. In determining the amount to be imposed on
a daily rate, the director shall consider the following
factors:
1, Duration of the violation;
2, Frequency or occurrence of the violation;
3, Frequency or occurrence of other violations during the
period of accrual;
4, Seriousness of the violation in relation to its threat
or impact upon public health, welfare or safety;
5, History of the violations;
6, Activity taken by the responsible party to obstruct or
interfere with correction of the problem;
7. Good faith or bad faith efforts by the responsible party
to comply;
8, The impact of the violation on the surrounding property
and community;
9. The financial ability of the responsible party to have
corrected the violation in a timely fashion,
F, The director shall comply with Chapter 1,40 concerning
notice of the proposed civil penalties and the right to a
hearing to contest or confirm, Unless contested, the notice
and order shall be final and be enforced pursuant to Section
1,41,160, If contested, the hearing examiner shall limit
the hearing to the following issues:
29
1. Whether the responsible party maintained a use or
condition on real property that violated the Municipal
Code or state law on the dates specified; and
2, Whether the civil penalty assessed is consistent with
the criteria expressed in Section 1.41,110E, The
hearing examiner may, however, exercise discretion
pursuant to Section 1.40,020E and increase or decrease
the penalties assessed to a level determined to be
supported by the evidence meeting the criteria under
Section 1.41,llOE.
G, The director shall issue a final order based on the
proceedings under Section 1,41,110E, and establish a date
for payment, following which date an enforcement lien shall
be imposed upon the property, The imposition of an
enforcement lien may be made a part of the proceedings and
notice and order under the preceding Section 1.41,100 or
this Section 1,41,110,
See, 1.41,120 Abatement Action.
Procedures for the abatement of nuisances, when required for
corrective action, are contained in Chapter 1,30,
Sec, 1,41,130 Reserved,
Sec, 1,41,140 Cost Recovery,
Pursuant to Government Code Section 38773, costs and penalties
may be recovered and enforced against responsible parties under
this Chapter 1,41 include, but are not limited to, the following:
A, City's direct cost for abatement of nuisances, together with
applicable overhead;
B, Costs of salary and applicable overhead of those city
employees and contract personnel involved in the
investigation, enforcement and remediation or abatement of a
nuisance;
C, City costs for equipment use or rental;
D, Attorney's fees;
E. Court costs and witness fees;
F, Costs of geotechnical, engineering and other technical
services and studies;
G, Administrative fines and civil penalties imposed pursuant to
this Chapter 1.41;
30
H, Reinspection fees pursuant to Section 1.41,060;
I. Costs of monitoring programs necessary for correcting,
monitoring, abating or mitigating nuisances and violations;
J. Any other fee, cost, or expense reasonably and rationally
related to the City's enforcement efforts to abate a
nuisance or correct a violation of this code or applicable
state law;
K. Treble damages recoverable pursuant to Government Code
Section 38773,7. (See Section 1.41.160(C))
Sec, 1.41,150 Confirmation of Costs.
Following the conclusion of the City's remediation, abatement or
corrective actions, the director shall notify the property owner
and appropriate responsible parties of a proposed assessment of
costs against each individually and as a lien or assessment
against the real property that was the subject of abatement or
corrective action, Notice and an opportunity to be heard and
contest the basis for the assessment of costs or lien shall be
provided to those parties in accordance with Chapter 1,40.
Following any hearing or waiver thereof, the City Manager may
then issue a final order of confirmation of costs against the
respective responsible parties,
Sec, 1.41.160 Enforcement,
A. In accordance with Government Code Section 38773, the City
Manager or a director, or both as appropriate, may enforce
the confirmation of costs as follows:
1, As a personal obligation against a responsible party;
and,
2. Either: As a recorded lien with the priority of a
judgement lien in the real property records of the
County against any real property which was the subject
of abatement or corrective action; or,
As an assessment against the property which was subject
to abatement or corrective action, to be collected in
the same manner as municipal taxes.
B. The City Manager, City Attorney or director is authorized to
obtain judicial enforcement for the foreclosure of the lien,
where appropriate, In addition, pursuant to Government Code
Section 38773,7, the City Manager may seek treble damages
for the abatement costs where the corrective action arose
out of or constituted a second or subsequent civil or
criminal judgment within a two year period, as provided for
in that section, Enactment of this Section l,41.160B
31
constitutes the enactment of an ordinance authorizing the
recovery of treble damages in accordance with Government
Code Section 38773,7,
Sec. 1,41,170 Satisfaction of Lien or Obligation,
Upon payment in full by one or more responsible parties for all
costs of enforcement and the satisfactory completion of all
corrective action required, the City Manager or director shall
promptly issue to all responsible parties a notice of compliance,
The notice of compliance will be signed and identify the affected
real property by address, legal description and tax assessor's
parcel number, and be recorded in the real property records of
the County by the director if a lien was recorded.
Sec. 1,41,180 Abatement Fund.
The City Manager is authorized to establish a revenue fund to be
used for abatement and code enforcement purposes, Funds
recovered under Section 1,41.140 may be deposited in this
account, and any surplus above an operating reserve as may be
established by the City Council shall be transferred from time to
time to the General Fund. All penalties and fines collected
under Section 1,41.140 shall be deposited to the General Fund,
Amend Chapter 2.26 - Board of Appeals and Advisors - as follows:
2.26.030 Functions and Duties.
The function and duties of the Board of Appeals and Advisors
shall be as follows:
A, Create a forum for city-wide discussions, research, and
analysis of critical issues of building construction,
including plumbing, mechanical and electrical installations,
B, Where authorized by a Uniform Code adopted by the city to do
so, investigate and advise as to the suitability of
alternate materials, types of construction, and
interpretation of said adopted Uniform Code.
C, Conduct public hearings and recommend to the city council,
the passage of new legislation pertaining to the design and
construction of buildings,
D. Act as an alternative administrative appellate body, at the
option of the city manager, to hear appeals relating to
determinations by the city manager, code enforcement
officer, fire chief or director of building and housing,
pursuant to city-adopted Uniform Codes, that conditions or
circumstances are public nuisances and should be abated.
Such codes include, but are not limited to the Uniform
32
Building, Uniform Mechanical, Uniform Fire, Uniform Housing,
Uniform Plumbing and National Electrical Codes as adopted
from time to time by the city council. Hearings of the
Board shall be conducted in accordance with the procedures
set forth in such Uniform Codes and particularly the Uniform
Code for the Abatement of Dangerous Buildings or the
provisions of Chapters 1,30 and 1,40, The decision of the
Board shall be final,
Amend Chapter 5.02 - Business Licenses Generally - as follows:
5.02.050 Issuance-Prerequisites and procedure generally.
Upon application therefor as provided in this chapter, it shall
be the duty of the director of finance to prepare and issue a
license pursuant to this chapter; provided however, that the
director of finance shall not issue any such license until it has
been noted on the application therefor that the location of the
proposed business has been reviewed by both the fire department
and the planning department and any other department deemed
appropriate by the finance director, and has been approved in
accordance with the provisions of the building code, the zoning
ordinance and any other applicable code,
The "duty" of the director of finance and other City officers, as
specified above, shall not create a legal obligation, but merely
means the City officer shall use reasonable efforts to ascertain
that the issuance of the requested license will not result in a
business operation which violates applicable local laws. The
applicant for the license shall have the primary and continuing
responsibility for assuring that the business operation complies
with the applicable laws, including the provisions of the
building and zoning ordinances, By approving and issuing a
business license, the City is not certifying that the proposed
business operation will in fact comply with applicable laws.
5.02.060 Issuance-Compliance with state and local regulations
required.
No license issued under the provisions of this chapter shall be
construed as authorizing the conduct or continuance of any
illegal or unlawful business operated in contravention of any of
the laws of the city or the state. An applicant for a business
license shall have the responsibility for obtaining any required
state license, and the issuance of a license by the City shall
not relieve an applicant from obtaining any and all other permits
or licenses required by state or local laws.
5.02.080 Issuance-Void when.
33
If any City license has been issued through error, the same shall
be void and of no force and effect.
5.02.090 Issuance-Approval of police chief required.
Licenses applied for under Section 5,02,040E shall be issued only
upon written approval of the chief of police,
5.02.100 Denial of license-Criteria-Notice required.
The chief of police may deny the issuance of any license referred
to in the preceding section to any applicant who in his
reasonable discretion is not a fit and proper person to manage or
conduct such business or occupation and/or if such business would
be detrimental to the health, welfare or interest of the city.
The director of finance shall notify the applicant of the denial
of the license by delivering a notice of such denial to the
applicant, Delivery of such notice may be made personally or by
placing such notice in an envelope, properly addressed to such
applicant, with postage prepaid, sealed and deposited in the
United States mail,
5.02.110 Denial of license-Appeal-Hearing-Notice required.
In cases where a business license or zoning permit is denied, the
applicant shall have the right to appeal such denial of a license
to the City Manager. Such appeal shall be in writing and shall
be delivered to the office of the City Manager within ten days of
the notice of disqualification, The City Manager or official
designee, shall hear and determine the appeal within sixty days
after it is filed. The hearing shall to conducted in accordance
with the provisions of Chapter 1,40, The determination of the
City Manager or official designee shall be final. A fee as set
forth in the Master Fee Schedule shall be imposed by the City
Manager as a condition to filing any appeal, The fee shall not
be greater than the anticipated cost of processing and conducting
the appeal, and if the appeal results in issuance of the license,
the appeal fee shall be reimbursed to the applicant in accordance
with the provisions of Chapter 1,40,
5.02.180 Revocation-Criteria.
Every license issued under and by virtue of the provisions of
this title and Section 8,20,020 shall be subject to revocation by
the director of finance , and such revocation shall be based
upon a failure to comply with any term or terms of this code.
Such revocation shall be subject to a right to appeal to the City
Manager or designee, using the process set forth in Section
5.02,110 above. Following such revocation, no new license shall
34
be issued for one year from the effective date of revocation,
If, subsequent to revocation, the director of finance finds that
the basis for the revocation has been corrected or abated, the
applicant may be granted a license if at least ninety (90) have
elapsed since the effective date of the revocation.
5.02.230 Enforcement and inspection.
All police officers, firefighters, fire marshals, business
license enforcement officers, code enforcement officers, and
designees of the director of finance of the city shall have and
exercise the power to enter free of charge for inspection of
licenses, at any time during regular business hours, any place of
business for which a license is required by this chapter, and to
demand the exhibition of such license for the current term by any
person engaged or employed in the transaction of such business,
all in accord with the right-of-entry provisions at Section
1,16.010 of this code and if such person shall then and there
fail to exhibit such license, such person shall then be liable to
the penalty provided for a violation of this chapter.
All police officers, firefighters, and fire marshals shall have
and exercise the power to cause complaints to be filed in a court
of competent jurisdiction against all persons violating any of
the licensing provisions of this chapter,
Amend Chapter 5.04 - License Taxes Generally - as follows:
5.04.065 Revocation of license-Notice required-Hearing.
The director of finance shall deliver a notice in writing either
personally or by mail to the person or business holding such
license, stating that he or she is proposing the revocation of
the license, and a brief summary of the reasons therefor, Such
notice shall conform to Chapter 1,40 regarding the right to a
hearing before the revocation may be made final.
Amend Chapter 5.14 - Art Figures Studios - as follows:
5.14.030 Permit-Required for operation-Fees-Taxes-Renewal.
A. Each application for operating a studio shall be accompanied
by the Required Fee(s) to defray the cost of an
investigation. The fee is not refundable whether a permit
is granted or denied, No person shall operate a studio
without first paying a business license tax,
B, No person shall operate a studio without paying a renewal
permit tax.
35
5.14.040 Permit-Issuance prerequisites.
A. No studio permit shall be issued except upon a finding by
the chief of police, based upon information provided by the
applicant, that the studio is proposed to be operated for
the purpose of providing facilities for use by persons
pursuing a course of study, including the artistic
photographic portrayal of the nude human form, and by
persons who engage in artistic photographic portrayal as a
means of livelihood,
B. No studio permit shall be issued to any person under
eighteen years of age, nor to a corporation, any of whose
officers are under eighteen years of age,
C. A studio permit shall be denied upon a finding that the
applicant is not of good moral character, Anyone convicted
of a morals offense shall be deemed not to be of good moral
character for the purposes of this section.
5.14.090 Permit-Grounds for suspension or revocation.
The chief of police shall suspend or revoke a studio permit upon
a finding of anyone of the following causes:
A, That the studio is not being operated exclusively for the
purpose of providing facilities for use by persons pursuing
a course of study, including the artistic portrayal of the
nude human form, and by persons who engage in artistic
portrayal as a means of livelihood;
8, That the permittee is not of good moral character. Anyone
convicted of a morals offense shall be deemed not to be of
good moral character for the purposes of this section;
C, That payment is made by or charges or fees collected from
any spectators or observers, who may be in attendance during
modeling sessions, except that such payment or charges or
fees shall not be deemed to include payments made by
legitimate students of the operator of an art figure studio;
D. That alcoholic beverages have been sold, consumed or
permitted upon the premises of a studio with the knowledge
of the permittee;
E, That the permittee has employed a model or permitted a model
to be employed in or about such studio, either with or
without salary, without requiring such model to obtain a
permit from the chief of police authorizing such employment.
36
5.14.100 Permit-Appeal following suspension, revocation or
denial.
All denials, suspensions or revocations of studio permits and
studio employee permits shall be subject to review by the city
manager, or the manager's official designee, who shall conduct a
hearing and render a decision based upon specific findings within
60 days after a written request for such hearing is received,
Amend Chapter 5.18 -Billiards and Pool Halls - as follows:
5.18.020 Pool and billiard halls-License required-Tax.
Every person conducting, managing, or carrying on the business of
a pool hall or billiard hall, or maintaining any premises wherein
pool or billiard tables or pinball machines are maintained for
the amusement of the public, shall pay a license tax as presently
designated, or as may in the future be amended, in the Master Fee
Schedule, Coin operated machines available for use in such
business establishment shall be licensed in accordance with
Sections 5,60,010 and 5.61,010,
5.18.090 Pool and billiard halls-License required.
It is unlawful for any person to manage, operate or conduct any
poolroom or billiard room in the city without first obtaining a
license from the city manager or designee authorizing such person
to keep, maintain and conduct a poolroom or billiard room,
5.18.100 Pool and billiard haIls-Petition for license
required-Contents.
Every applicant for a billiard room or poolroom license shall
file a petition with the city manager or designee setting forth
his name and place of residence, how long he has resided in the
city, the building wherein he desires to conduct such billiard
room or poolroom, and the number of pool or billiard tables, or
both, which he desires to operate,
Amend Chapter 5.26 - Public Dances - as follows:
5.26.060 License-Fire hazard investigation required.
The fire chief shall conduct or cause to be conducted an
investigation of the premises identified in the application for
compliance with applicable fire code provisions, and report
findings to the chief of police.
5.26.070 License-Issuance-Appea1 and public hearing of disallowed
37
license.
The director of finance shall, after receipt of the
recommendation of the chief of police, allow or disallow the
license applied for, and if said recommendation is favorable, the
director of finance shall forthwith issue the license upon the
payment of the license fee hereinafter provided, In the event
that the chief of police shall present an adverse recommendation
for consideration by the director of finance, and said license
shall be disallowed, the applicant may appeal said recommendation
to the city manager or designee within ten days of receipt of
written notice by the director of finance that the application
for said license has been disallowed, Upon receipt of said
appeal and payment of fee as set forth in the Master Fee
Schedule, the city manager or designee shall set the appeal for
public hearing. At the hearing, the city manager or the
manager's official designee shall take testimony and determine
whether the applicant meets all the requirements of this Chapter,
and grant or deny the license on that basis, The decision shall
be final,
5.26.120 License-Suspension or revocation authorized
when-Procedure.
The chief of police of the city is hereby authorized temporarily
to suspend any license issued under this chapter, in the event
that any public dance licensed thereby is being conducted in
violation of any law, or if there is such conduct being permitted
therein which is offensive to morals or decency or which has a
tendency to provoke a breach of the peace. Within five days of
such temporary suspension the chief of police shall file written
charges with the city manager, Within twenty days of the filing
of such charges, the city manager shall cause an investigation to
be made thereof and shall thereupon have power to either revoke
the suspension order or to suspend the license for such further
period of time as it may deem proper, or to revoke and annul such
license,
For any violation of any of the provisions of this chapter or for
any cause based on public health, safety, morals, or general
welfare, the city manager may at any time suspend or revoke any
license issued under the terms of this chapter,
5.26.230 Density requirement of premises location.
In the interests of protecting the public and preserving the
peace of the community, no permit shall be issued under the
provisions of this chapter for any premises located within three
hundred feet or less of premises for which a permit has been
previously secured according to the provisions of this chapter;
provided however, the city manager may, upon application and for
38
good cause, waive said restriction,
5.26.290 Youth dances-Taxes for permits-Refunds.
The taxes for permits issued under this chapter shall be payable
to the police department in advance, and for the several classes
of permits provided in this chapter, the taxes shall be as
presently designated, or as may in the future be amended,
In the event that the application is denied or the permit is
revoked, no part of the applicable tax shall be refunded,
5.26.300 Youth dances-Grounds for suspension or revocation of
permit.
Any permit may be revoked or suspended by the chief of police
upon any of the following grounds:
A. The misrepresentation of a material fact in the application
for a permit by an applicant or by the holder of a permit;
B, The violation of any provision of this chapter by the holder
of a permit;
c. When the continuance of a permit would, based upon facts and
evidence presented to, or gathered by, the chief of police
be, contrary to the public health, safety, welfare, peace or
morals,
Amend Chapter 5.32 - Garage Sales - as follows:
5.32.060 Penalty for Violations.
Any violation of this chapter shall constitute an infraction, and
the administrative citation provisions contained in chapter 1.41
of this code shall be applicable.
Amend Chapter 5.35 - Bathhouses - as follows:
5.35.123 Denial, Suspension Dr Revocation of License.
Any license issued pursuant to this chapter may be suspended or
revoked by the police chief on proof of violation by the
permittee of any provisions of state law, this chapter, city
ordinances or any rule or regulation adopted and approved
pursuant to Section 5.35,121, or in any case where the police
chief, on the advice of the health officer, determines the
bathhouse is being managed, conducted, or maintained without
regard for the public health, or the health of patrons or
39
customers, or without due regard to proper sanitation or hygiene,
Where a license is denied or a license renewal is denied, or
where a license is suspended or revoked by the police chief, such
denial, suspension, or revocation may be appealed by the license
applicant or licensee in accordance with the provisions of
Chapter 1,40,
Amend Chapter 5,36 - Massage Parlors - as follows:
5.36.130 License or permit-Issuance prerequisites-Appeal of
denial- Transferability.
A, Any applicant for a permit pursuant to these provisions
shall present to the police department the application
containing the aforementioned and described information,
The chief of police shall have a reasonable time in which to
investigate the application and the background of the
applicant. Based on such investigation, the chief of
police, or his representative, shall render a recommendation
as to the approval or denial of the permit to the city
manager or designee,
B. The department of building and housing, the fire department
and the county health officer shall inspect the premises
proposed to be devoted to the massage establishment and
shall make separate recommendations to the city manager or
designee concerning compliance with the foregoing
provisions,
C, The city manager, or his designee, after receiving the
aforementioned and described recommendations, shall grant a
permit to the establishment if all requirements for a
massage establishment described herein are met, and shall
issue a permit to all persons who have applied to perform
massage services unless it appears that any such person has
deliberately falsified the application or unless it appears
that the record of any such person reveals a conviction of a
felony or a crime of moral turpitude. The city manager or
designee may recommend to the city council that an
individual business establishment shall be subject to a
public hearing and council approval, when in his judgment
any such business establishment has an effect upon the
public health, safety or welfare of the community,
D, Any person denied a permit by the city manager or his
designee pursuant to these provisions shall be notified
pursuant to Chapter 1.40 regarding an appeal why the permit
should be granted. The decision pursuant to Chapter 1,40
shall be final upon the applicant, Also, the city council
may elect on its own motion to review any determination of
the city manager granting or denying a permit, in which
case, that decision shall then constitute the exhaustion of
40
administrative remedy,
E. All permits issued hereunder are nontransferable; provided
however, a change of location of a massage establishment may
be permitted pursuant to the provisions herein,
5.36.240 License or permit-Suspension, revocation or
denial-Public hearing.
Before denying, suspending or revoking a license or permit issued
pursuant to this chapter, the city manager shall offer the
applicant or permittee a hearing as provided in chapter 1.40.
Amend Chapter 5.38 - Pawnbrokers, Secondhand and Junk Store
Dealers - as follows:
5.38.210 License-Revocation or suspension when.
In the event that any person holding a license authorizing him to
engage in, conduct, manage or carryon the business of a
pawnbroker or secondhand dealer, or any agent or employee of any
such person violates or causes or permits to be violated any of
the provisions of this chapter, or has been convicted of any
crime involving stolen property, the chief of police shall, in
addition to the other penalties provided by this chapter,
forthwith suspend the business license or licenses and cause said
business to be immediately closed. The chief of police shall
notify the license holder of the suspension of said license by
delivering a notice of such suspension to the license holder or
his agent or employee, Delivery of such notice may be made
personally or by placing such notice in an envelope properly
addressed to such license holder with postage prepaid, sealed and
deposited in the United States mail. A licensee, upon suspension
of such license, shall have the right to appeal to the city
manager from such order of suspension by the chief of police by
the filing of a notice of appeal, paying appropriate appeal fees
as set forth in the Master Fee Schedule and stating the grounds
therefor. Such appeal shall be filed with the city manager
within ten days after notification of suspension, The city
manager shall utilize the provisions of Chapter 1,40 regarding
notice, appeal and hearing governing the exhaustion of
administrative remedy for the revocation or suspension of
permits,
5.38.220 License-Public hearing on suspension/revocation.
The city manager shall refer the notice of appeal for hearing in
accordance with Chapter 1,40, and the licensee shall be notified
in writing of the time, place and date of hearing, which shall be
not less than ten days from the filing of the notice of appeal,
41
If the license or licenses of any person licensed by this chapter
is so revoked, no license shall be granted to such person to
conduct or carryon such business within six months after such
revocation, During the period of suspension or revocation, the
chief of police shall sequester any pledged or pawned goods and
hold said goods at the police station in the city or other
secured location, and shall post an appropriate notice at the
place of business that such goods may be reclaimed at the police
station.
Amend Chapter 5.44 - Race Tracks - as follows:
5.44.020 Operation deemed nuisance-Abatement.
Any violation of the provisions of Section 5,44,010 is
declared to be a public nuisance, and upon order of the city
manager or official designee, the city attorney may immediately
initiate proceedings necessary for the abatement or enjoinment of
such violation in the manner provided by law.
Repeal Chapter 5.48 - Closing Out Sales
Amend Chapter 5.54 - Taxicabs - as follows:
5.54.120 Certificate-Grounds for suspension or revocation.
A, Certificates may be suspended or revoked by the police
chief:
1, The owner fails to operate the taxicab or taxicabs in
accordance with the provisions of this chapter;
2. The taxicab or taxicabs are operated at a rate of fare
other than that which the Certified Operator shall have
on file with the police chief,
B, The city manager or police chief may suspend or revoke a
certificate where the owner's past record involved
violations of city, state or federal law or endangered the
public safety,
5.54.290 Appeals.
Any actions taken by the police chief under this chapter are
appealable to the city manager pursuant to Chapter 1,40. An
appeal to the City Manager must be filed with the city manager
and appropriate appeal fees paid within ten days of the action of
the police chief,
42
Amend Chapter 5.58 -Tow Trucks - as follows:
5.58.090 License suspension-Notice required-Appeal-Public
hearing.
In the event that a licensee under this section shall violate or
cause or permit to be violated any of the provisions of this
chapter, the police chief may suspend such license and shall
notify the licensee of such suspension by written notice stating
the cause and reason for such suspension. Appeal may be made to
the City Manager pursuant to Chapter 1.40.
Amend Chapter 8.04 - Food Handling Generally - as follows:
8.04.040 Violation deemed nuisance-Abatement authority.
Any establishment or activity which is found by the health
officer to be unsanitary or a menace to the public health or
which is in violation of this chapter or of the California
Restaurant Act is declared to be a public nuisance. The health
officer is authorized and empowered to take such action as is
necessary to preserve or protect the public health or safety; the
health officer is authorized and empowered to summarily abate
such nuisance; otherwise, the health officer shall request the
city attorney to seek a court order abating the nuisance, or
request the city manager to abate pursuant to Chapter 1,30.
Nothing contained in this code shall be deemed to limit the right
and duty of the health officer to take immediate action in the
interests of the public health, safety and welfare.
The remedies authorized by this section are not exclusive, but
are cumulative to other remedies provided by law,
Amend Chapter 8.08 - Food Handlers' Permits - as follows:
8.08.040 Appeal from denial Dr revocation.
A person aggrieved by the denial to him of a permit or by the
revocation of a permit pursuant to Section 8.08,050 may appeal
from such denial to the city manager in the manner set forth in
Chapter 1.40,
Amend Chapter 8.32 - Weed Abatement - as follows:
8.32.020 Weeds or rubbish-Serving of notice to remove-Contents.
The notice required by the preceding section shall be given by
43
posting in a conspicuous place upon the property, land or lot
located in the city upon which, or upon the street, parkway or
sidewalk in front of which such weeds, rubbish or other material
may be, a notice headed: "Notice to Clean Premises" in letters
not less than one inch in height, and which shall be in legible
characters, and which directs the removal of the weeds, rubbish
or other material, as the case may be, and refers to this chapter
for further particulars, Personal service of a notice similar in
substance upon the owner, occupant or agent in charge of such
property, land or lot, shall dispense with the posting of the
notice herein provided for,
8.32.030 Weeds or rubbish-Notice to remove-Appeal procedure.
Within ten days from the date of posting of such notice, or in
case of personal service of notice, within ten days from the date
of such personal service thereof, the owner of or any person
interested in such property, land or lot affected by such notice
may appeal to the city manager pursuant to Chapter 1,40 from the
requirements thereof.
8.32.040 Weeds or rubbish-Owner Dr occupant duty to remove-Time
limit.
It shall be the duty of the owner, the agent of the owner or the
person in possession of any lot in the city within ten days from
the date of posting of the notice provided for in Section
8,32,010 or in case a personal notice is given, within ten days
from the date of such personal service thereof, or in case of an
appeal to the council city manaaer within ten days from the
determination thereof, unless the same is sustained, to clean and
remove therefrom and from the street, sidewalk or parkway in
front of such property, all noxious weeds or vegetation, except
such as are cultivated and grown by such owner, agent or person
in possession of such property for ornamental purposes, or for
food for man or beast, or for fuel, and all dead trees, tin cans,
refuse and waste material of all kinds which may endanger or
injure neighboring property, or be detrimental to the health and
welfare of the residents of the vicinity, or such rubbish, weeds,
noxious vegetation or any other material as may be deemed a fire
hazard, and as such endanger the city, and the removal of all
such weeds and vegetation, or other materials of all kinds
hereinabove specified shall be completed within ten days after
receiving such notice, as hereinabove provided for in this
chapter, or in case of appeal to the city manager, within ten
days after the determination thereof, unless the same shall be
sustained,
44
8.32.070 Assessment of charges-Appeal of determination.
The determination of such charges by the fire chief as to the
amount so assessed may be appealed to the city manager pursuant
to Chapter 1.40. If, upon appeal, the requirements of the
original notice are modified or the amount so assessed by the
fire chief is modified, the fire chief, in removing, or causing
to be removed such articles, rubbish, weeds, vegetation or other
materials, or in making such assessment as hereinabove provided
for, shall be governed by the determination so made.
Amend Chapter 9.12 - Gambling - as follows:
9.12.210 Bingo-Application denial, license suspension and/or
revocation.
A. The chief of police may deny an application for a bingo
license, or suspend or revoke a license, if he finds the
applicant or licensee or any agent or representative thereof
has:
1. Knowingly made any false, misleading or fraudulent
statement of a material fact in the application or in
any record or report required to be filed under this
chapter, or
2, Violated any of the provisions of this chapter,
B, If after investigation the chief of police determines that a
bingo license should be suspended or revoked, or an
application for such license denied, he shall prepare a
notice of suspension, revocation or denial of application,
setting forth the reasons for such suspension, revocation or
denial of application. Such notice shall be sent by
certified mail to the applicant's last address provided in
the application or shall be personally delivered, Any
person who has had an application for a bingo license denied
by the chief of police, or who has had a bingo license
suspended or revoked by the chief of police, may appeal the
chief of police's decision in the manner provided in chapter
1.40 to the city manager,
9.12.300 Casino Parties-Denial or Revocation of License.
If the license is denied or revoked, the chief of police shall
prepare a notice setting forth the reasons for such denial or
revocation, Such notice shall be sent by certified mail to the
applicant's address provided in the application or be personally
delivered, Any person who has had an application for a casino
45
party license denied or revoked by the chief of police may appeal
the decision of the chief of police to the city manager pursuant
to Chapter 1,40.
Amend Chapter 9.13 - Live Entertainment Licensing and Regulations
- as follows:
9.13.090 Allowance or denial of application and appeal.
A, The chief of police shall issue, conditionally issue, or
deny the license for which application is made. The chief
of police shall have the power to deny any application if it
shall appear that the applicant, or the person to have
direct management of the premises, is not a suitable or
proper person to carryon the business for which the license
is sought, or if the premises proposed to be used in the
conduct of the business to be licensed shall be deemed not
to be a suitable or proper place therefor, or if the health,
welfare or public morals of the community warrant such
denial, The chief of police may issue the license upon such
conditions as he determines would eliminate the situations
which would otherwise result in denial of the license,
Otherwise, the chief of police shall issue the license. The
applicant may appeal from the denial of license, or from the
issuance of a license upon conditions, in the manner
provided for herein,
B, Any person aggrieved by the denial of a license or by the
issuance of a license upon conditions may appeal to the city
manager pursuant to Chapter 1,40, Any interested person may
appear and present evidence at the public hearing. If the
appeal is from the denial of a license or from the issuance
of a license upon conditions, the city manager or designee
may deny the issuance of the license, issue the license, or
issue the license subject to specified conditions if it
determines that by the imposition of such conditions
reasonable objections of the chief of police would be
eliminated, The action of the city manager or designee on
such appeal shall be final,
9.13.120 Suspension or revocation.
In addition to the causes for denial of a license as set forth
herein, any license issued under this chapter may be revoked or
suspended at any time after a hearing, notice of which has been
given to the licensee more than ten days prior to said hearing,
when the city manager or designee finds:
A, The conduct of the establishment is contrary to the public
46
interest, or does not comport with the public welfare; or
B. The establishment has been operated in an illegal, improper
or disorderly manner; or
C. Any person listed in the license application has violated,
or permitted any violation, or has been convicted of a
violation of law in the course, conduct or operation of such
business, A conviction in any court of competent
jurisdiction shall be sufficient to justify a finding under
this section, excepting convictions for misdemeanor traffic
violations,
9.13.130 Convictions.
Upon receipt of a certified copy of a judgment of conviction of a
licensee under this chapter of any violation of any provision of
this chapter, the chief of police may immediately suspend the
license or licenses of such convicted licensee, remove such
license or licenses from the premises and deliver the suspended
license or licenses to the city manager for safekeeping pending a
hearing pursuant to Chapter 1.40, If a hearing is requested, the
city manager or designee shall immediately thereafter set a date
for a hearing no later than ten days after the date of
suspension, At said hearing it shall be determined whether the
license or licenses should be suspended further, modified,
conditioned or revoked, The city manager or designee shall
notify the licensee in writing of the decision, which will then
constitute the exhaustion of administrative remedy.
9.13.140 Noise abatement.
Whenever after a hearing, notice of which must be given ten days
prior thereto, it shall be determined that noise from any
establishment licensed under this chapter interferes with the
right of persons dwelling in the vicinity of such establishment
to the peaceful and quiet use and enjoyment of their property,
the city manager may require that the premises be soundproofed in
a manner that will to eliminate the noise or reduce it to a
reasonable level. In taking any action under this section, the
city manager must balance all of the interests of the respective
parties, as well as the hardship which will result from any
order. If the city manager finds that the noise complained of is
of a minimum or inconsequential degree, no action shall be taken
under this section. If a licensee fails within a reasonable
time, and after having been ordered to do so pursuant to this
section, to take such steps as were ordered to abate any noise,
his license shall be suspended after a second hearing, ten days'
notice of which must be given, until such time as he complies
47
with the order,
for the appeal,
The provisions of Chapter 1,40 shall be utilized
Amend Chapter 9.18 -Rental of Housing for Drug Activity - as
follows:
9.18.050 Declaration of Public Nuisance.
In addition to any other enforcement action, the city manager, or
city attorney may declare an alleged violation of Section
9,18,020 or the activities described therein to constitute a
public nuisance and may commence abatement of the conditions
giving rise thereto in accordance with Health and Safety Code
Section 11570 or Chapter 1.30 of this Code.
Amend Chapter 10,80- Abandoned Vehicles - as follows:
10.80.010 Purpose and intent of provisions-Vehicle declared
nuisance when.
The purpose and intent of the Council in adopting
sections 10,80.010 through 10,80.120 is to establish procedures
pursuant to Sections 22660 to 22664 of the California Vehicle
Code for the abatement, removal and disposal, as public
nuisances, of abandoned, wrecked, dismantled or inoperative
vehicles or vehicle parts from private or public property, not
including highways, and the recovery of the cost of
administration and removal thereof pursuant to the provisions of
section 38773,5 of the Government Code of the state of
California.
10.80.0~~0
Exemptions from applicability-Scope.
The provisions of sections 10,80,010 through 10.80.120 shall
not apply to:
A, A vehicle, or parts thereof, which is completely enclosed
within a building in a lawful manner, or otherwise stored in
a lawful manner behind a solid fence, gate or wall not less
than six feet in height, and where it is not readily visible
from the street or other public or private property; or
B, A vehicle, or parts thereof, which is stored or parked in a
lawful manner on private property in connection with the
business of a licensed dismantler, licensed vehicle dealer a
junkyard, or when such storage or parking is necessary to
the operation of a lawfully conducted business or commercial
enterprise, This exception shall not, however, authorize
the maintenance of a public or private nuisance as defined
under the provisions of law other than this section,
48
10.80.030 Enforcement authority-Right of entry.
Provisions of this chapter shall be administered by regularly
salaried full-time employees of the City except that the removal
of vehicles from property may be by any other duly authorized
person, Any such authorized person may enter upon private
property for the purposes specified in this section to examine a
vehicle, and remove or cause to be removed the vehicle declared
to be a nuisance pursuant to this chapter.
10.80.040 Abatement-Costs-Procedure generally - Notices required.
Any vehicle located on property other than a highway may be
removed as a public nuisance and disposed of in accordance with
the following procedures:
A, Not less than ten (10) days prior to any removal or disposal
of a vehicle, a notice of intention to abate and remove the
vehicle as a public nuisance shall be issued unless the
property owner and the owner of the vehicle have signed
releases authorizing removal and waving further interest in
the vehicle. The notice shall contain a statement of the
hearing rights of the owner of the vehicle and of the owner
of the property on which the vehicle is located. The
statement shall include notice to the property owner that
he may appear in person at a hearing or may submit a sworn
statement denying responsibility for the presence of the
vehicle on the land, with his reason for such denial, in
lieu of appearing. The notice of intention to abate shall
be mailed, by registered or certified mail, to the owner of
the land as shown on the last equalized assessment roll and
to the last registered and legal owners of record unless the
vehicle is in such condition that identification numbers are
not available to determine ownership,
B, The cost of removal and disposal of any vehicle and the
administrative cost thereof may be charged against the
person who is determined to be responsible for the
maintenance of the vehicle as a public nuisance,
C, Vehicle may be disposed of by removal to a scrapyard,
automobile dismantler's yard or any suitable site for
processing as scrap.
10.80.050 Abatement-Public hearing required when-Notice- Manager
Dr his or her designee authority.
A. Upon request by the owner of the vehicle or owner of the
land on which the vehicle is located, a public hearing shall
49
be held before the city manager or designee, This request
shall be made to the manager or his designee within ten (10)
days after the mailing of the notice of intention to abate
and remove the vehicle,
B. The owner of the land on which the vehicle is located may
appear in person at the hearing. Instead of making an
appearance, he may present a sworn written statement, in
time for consideration at the hearing, denying
responsibility for the presence of the vehicle on the land,
with his reasons for his denial. This statement shall be
construed as a request for a hearing which does not require
the presence of the owner submitting the request, If it is
determined at the hearing that the vehicle was placed on the
land without the consent of the landowner and that he has
not subsequently acquiesced in its presence, then the costs
of administration or removal of the vehicle shall not be
assessed against the property upon which the vehicle is
located or collected from the landowner,
10.80.060 Disposal of vehicle-Time requirements.
Five days after adoption of the order declaring the vehicle or
parts thereof to be a public nuisance, five days from the date of
mailing of notice of the decision if such notice is required by
sections 10,80.010 through 10,80,120, or fifteen days after such
action of the manager or designee authorizing removal following
appeal, the vehicle or parts thereof may be disposed of by
removal to a scrapyard or automobile dismantler's yard. After a
vehicle has been removed it shall not thereafter be reconstructed
or made operable,
10.80.070 Notification and transfer of evidence required when.
Within five days after the date of removal of the vehicle or
parts thereof, notice shall be given to the Department of Motor
Vehicles identifying the vehicle or parts thereof removed. At
the same time there shall be transmitted to the Department of
Motor Vehicles any evidence of registration available, including
registration certificates, certificates of title and license
plates, Any licensed dismantler or commercial enterprise
acquiring vehicles removed pursuant to this section shall be
excused from the reporting requirements of Section 11520 of the
California Vehicle Code; and any fees and penalties which would
otherwise be due the Department of Motor Vehicles, are hereby
waived, provided that a copy of the resolution or order
authorizing disposition of the vehicle is retained in the
dismantler's or commercial enterprise's business records,
10.80.080 Costs-Assessment and collection procedures.
50
If the administrative costs and the cost of removal which are
charged against the owner of a parcel of land pursuant to
section 38771 et seq, of the government code and chapter 1,30 of
this code are not paid within thirty days of the date of the
order, or the final disposition of an appeal therefrom, such
costs shall be assessed against the parcel of land pursuant to
section 38773,5 of the government code and shall be transmitted
to the tax collector for collection. Said assessment shall have
the same priority as other city taxes.
10.80.090 Removal of vehicles from streets authorized when.
Any regularly employed and salaried officer of the police
department may remove or cause to be removed:
A, Any vehicle which is parked or left standing upon a street
or highway for seventy-two or more consecutive hours;
B, Any vehicle which is parked on a highway in violation of any
provision of this title, the Vehicle Code or other law or
ordinance forbidding standing or parking, when the use of
such highway or a portion thereof is necessary for the
cleaning, repair or construction of the highway or for the
installation of underground utilities, and signs giving
notice that such vehicle may be removed are erected and
placed at least twenty-four hours prior to the removal;
C, Any vehicle parked upon a highway which has been authorized
by the councilor other competent authority for a purpose
other than the normal flow of traffic, or for the movement
of equipment, articles or structures of unusual size, and
the parking of said vehicle would prohibit or interfere with
such use or movement, providing that signs giving notice
that such vehicle may be removed are erected or placed at
least twenty-four hours prior to the removal of such
vehicle;
D. Any vehicle parked or left standing, when the city council
by resolution or ordinance has prohibited such parking and
has authorized the removal by ordinance. No vehicle may be
removed unless signs are posted giving notice of the
removal,
Amend Chapter 10.84 -Parking Restricted on Private Property - as
follows:
10.84.010 Purpose and intent of provisions-Parked vehicles declared nuisance-
When,
The purpose and intent of the council in adopting sections 10.84.010 through
10.84.030 is to establish procedures for the notification, citation and
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removal of vehicles from private property in the front yard, unfenced exterior
and parkway areas of the city.
Amend Chapter 15.04 - Excavation Grading and Fills - as follows:
15.04.305 Fees - Effect of imposition.
In the event that land development work is commenced without a
land development permit, the city engineer shall cause such work
to be stopped until a permit is obtained. The permit fee, in
such instance, shall then be the normally required permit fee,
plus $500. The payment of the increased permit fees shall not
relieve any person from fully complying with the requirements of
this chapter in the performance of the work, Such fee shall
defray the expense of enforcement of the provisions of this
chapter in such cases, The payment of such fee shall not prevent
the imposition of any penalty prescribed or imposed by this
chapter or Chapter 1.41.
15.04.310 Violations-Declared unlawful and public
nuisance-Abatement authority.
Any land development commenced, done, maintained or allowed
contrary to the provisions of this chapter, shall be, and the
same is hereby declared to be, unlawful and a public nuisance,
Upon order of the city council, or upon the determination of the
city manager or the city attorney, necessary proceedings for the
abatement, removal and/or enjoinment of any such public nuisance
shall be commenced in the manner provided by law, Alternatively
the procedures to abate under Chapter 1,30 may be used, Any
failure, refusal, or neglect by a responsible party to obtain a
permit as required by this chapter shall be prima facie evidence
of the fact that a public nuisance has been committed in
connection with any land development commenced or done contrary
to the provisions of this chapter.
15.04.325 Costs of abatement-Special assessment
procedure-Statutory authority.
The costs of abating a dangerous condition within the meaning of
this chapter shall be imposed as a special assessment against the
land on which such abatement was done, Costs and assessment
procedures will be in accordance with Chapters 1,40 and 1.41. The
property owner may raise and the city manager shall consider, as
a complete or partial defense to the imposition of the
assessment, questions as to the necessity of the abatement and
the means in which it was accomplished, Pursuant to Government
Code ~38773,5 abatement costs shall be transmitted to the tax
collector for collection. This assessment shall have the same
priority as other city taxes.
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Amend Chapter 15.44 - Moving, Relocating and Demolishing
Buildings - as follows:
15.44.070 Appeals.
The applicant may appeal the findings and recommendations of the
building and housing department to the city manager. The appeal
shall be in writing, The city manager shall use the procedures
in Chapter 1,40 to govern the appeal.
Amend Chapter 17.28 - Unnecessary Lights - as follows:
17.28.050 Complaints-Investigation-Notice-Hearing.
Upon the written complaint setting forth the particulars
concerning any offending lighting situation by the adjoining or
neighboring residential property dwellers it shall be the
responsibility of the city to investigate the basis of the
complaint, and if there is found to be sufficient cause for said
complaint which constitutes a nuisance to the adjoining or
neighboring property owners, a written notice shall be sent~ to
the owner or person controlling such lighting, directing that the
lighting be modified, discontinued or abated within fifteen days
of receipt of the notice, If the lighting situation has not been
discontinued or abated as required in this section, the city
manager shall issue a notice to the property owner pursuant to
Chapter 1,40 to appear and show cause as to why the lighting
should not be declared a public nuisance and abated pursuant to
Chapter 1.30,
Amend Chapter 19,08 - Zoning Enforcement - as follows:
19.08.020 Violations-Declared public nuisance-Actions for
abatement authorized.
It is unlawful to cause or allow to occur the set up, erection,
construction, alteration, enlargement, conversion, move or
maintenance of any building or structure contrary to the
provisions of this title, and any use of any land, building or
premises established, conducted, operated or maintained contrary
to the provisions of this title shall be, and the same is
declared to be unlawful and a public nuisance; and the city
attorney and city manager, respectively, shall commence action or
proceedings for the abatement and removal and enjoinment therein
in the manner provided by law or Title 1 of this Code, and shall
take such other steps and shall apply to such courts as may have
jurisdiction to grant such relief as will abate and remove such
building or structure, and restrain and enjoin any person, firm
or corporation from setting up, erecting, building, maintaining
or using any such building or structure or using property
contrary to the provisions of this title, The remedies provided
for herein shall be cumulative and not exclusive.
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Any person who violates any provision of the certified Local
Coastal Program adopted pursuant to Division 20 of the California
Public Resources Code shall be subject to the penalties contained
therein.
19.08.030 Violations-Penalties.
Any person, firm or corporation, whether as principal, agent,
employee or otherwise, violating or causing the violation of any
of the provisions of this title shall be punishable pursuant to
the provisions of Chapters 1,2 through 1,41.
Amend Chapter 19.62.200 - Off-Street Parking and Loading - as
follows:
19,62,200 Enforcement of this chapter.
The building and housing director, code enforcement officers and
other employees designated by the building and housing director
shall have the authority to enforce this chapter in accordance
with the procedures as set forth in chapters 1,40 and 1.41, Any
violation of this chapter shall constitute an infraction, and the
administrative citation provisions contained in chapter 1,41 of
this code shall be applicable,
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October 27, 1997
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