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Home My WebLink About2022-09-27; City Council; ; Ordinance Amending Carlsbad Municipal Code Chapter 1.08 - Penalties and Chapter 1.10 - Administrative Code Enforcement Remedies to Expand the City’s Enforcement OptionsCA Review __MK___ Meeting Date: To: From: Staff Contact: Subject: District: Sept. 27, 2022 Mayor and City Council Scott Chadwick, City Manager Mike Strong, Assistant Director Community Development mike.strong@carlsbadca.gov, 442-339-2783 Marissa Kawecki, Deputy City Attorney attorney@carlsbadca.gov, 442-339-5351 Ordinance Amending Carlsbad Municipal Code Chapter 1.08 - Penalties and Chapter 1.10 - Administrative Code Enforcement Remedies to Expand the City’s Enforcement Options All Recommended Action Introduce an ordinance amending various provisions of Chapter 1.08 and Chapter 1.10 of the Carlsbad Municipal Code (Exhibits 1-3). Executive Summary The city’s code enforcement program is focused on achieving voluntary compliance with the provisions of the city’s municipal code, not on issuing financial penalties. However, the traditional administrative penalties process is sometimes inadequate, and stronger enforcement remedies are needed. The action before the City Council is to introduce an ordinance amending the Carlsbad Municipal Code to: •Increase fines for certain violations, as defined in Chapter 1.10 •Add the ability for code enforcement officers to issue stop work and stop use orders (following approval from the Community Development Director or designee) •Enable the city and administrative hearing officers to issue civil penalties •Expand the ability to impose property liens •Improve the ability to enforce ongoing project conditions •Make other related changes A version of the Chapter 1.08 and Chapter 1.10 code amendments with the proposed revisions highlighted is provided in Exhibits 2 and 3. Sept. 27, 2022 Item #5 Page 1 of 92 Discussion Background The Community Development Department released a Code Enforcement Case Prioritization and Process Guide in 2021 (Exhibit 4). This document describes for the public code enforcement’s role and responsibilities in trying to obtain quick resolution of code enforcement actions. The guide includes target compliance dates for different violation categories. While the code enforcement division typically experiences a 90%+ timely compliance rate after issuing a notice of violation (a warning) and/or a first citation – which comes with a $100 administrative penalty – there are some violators who do not respond to the city’s administrative citation process. Staff are asking the City Council to approve additional enforcement tools to provide enforcement officers and the City Attorney’s Office with the resources necessary to achieve code compliance within the timeframes specified in the guide. As the process guide states, the goal is to achieve voluntary compliance, not greater financial penalties. The proposed amendments are intended to be used only in cases in which the traditional administrative penalties process is not or will not be effective and stronger enforcement remedies are needed to protect public health and safety. The Code Enforcement Case Prioritization and Process Guide was developed to improve public transparency and program accountability. The guide not only helps the public better understand how complaints are received, prioritized and processed, it sets forth the responsibilities and expectations of code enforcement staff when they are investigating and processing complaints. The guide is not intended to be a comprehensive description of the day- to-day operations of the department, but rather an overview of the key elements of workflows to help explain the customer-serving aspects of the job. Section 6 of the guide establishes “resolution target dates” for the different violation categories. For example, category 1 cases are given only days to comply due to the immediate threat to public health and safety, while category 4 cases are provided more time because they require city permit approval, which can take time to process. Administrative penalties or citations are the primary enforcement tool used to achieve these targets. Under this tool, violators are typically first issued a notice of violation alerting them to the violation and what needs to be done to achieve compliance. If corrective actions are not taken within the timeframe specified in the notice, the enforcement officer issues administrative citations with penalties until compliance is achieved: a $100 administrative penalty for the first citation, $200 for the second, and $500 for the third and all subsequent citations. Roughly 90% of code enforcement cases achieve compliance after receiving a notice of violation and/or a first citation. However, there are some violators who, for various reasons, are not Sept. 27, 2022 Item #5 Page 2 of 92 responsive to the city’s administrative citation process even after receiving multiple citations with $500 administrative penalties. This is why staff are asking the City Council to approve additional enforcement tools to provide code enforcement staff and the City Attorney’s Office with the resources necessary to help achieve compliance within the timeframes specified in the guide. Penalties for short-term vacation rentals Short-term vacation rentals, which are residential units that can rented out to a guest for less than 30 consecutive days, are permitted in the city’s state-defined Coastal Zone (Exhibit 5) subject to certain municipal code operational requirements. The city’s municipal code prohibits short-term vacation rentals in areas outside the Coastal Zone. According to vacation rental data compiled by AirDNA, a company that provides data and analytics for the short-term rental industry, the overall number of these rentals advertised on platforms such as Airbnb and Vrbo has increased in California by 105% over the past three years. These rentals offer a way to increase tourism, customize the guest experience and earn owners extra money. However, some homeowners advertise and provide homes for large parties and events, resulting in public nuisance complaints. In Carlsbad specifically, some property owners and property managers have illegally listed short-term vacation rental units outside of the Coastal Zone. This has raised community concerns about the neighborhood impacts of these rentals. The city adopted its short-term vacation rental ordinance in 2015 to address such community concerns. Because hosts can charge a relatively high rate for Carlsbad vacation rentals, the standard administrative penalty amounts currently imposed for Carlsbad Municipal Code violations can be written off as just a cost of doing business. In response, state Senate Bill 60 - Residential short-term rental ordinances: health or safety infractions: maximum fines, which became effective as of September 2021, authorized jurisdictions to raise the maximum penalty amounts for violations of a short-term vacation rentals ordinance that pose a threat to health or safety. The new maximum penalties are: • $1,500 for a first violation • $3,000 for a second violation of the same ordinance within one year • $5,000 for each additional violation of the same ordinance within one year of the first violation Staff recommend that the municipal code be amended to incorporate the higher fines authorized under SB 60. A hardship waiver process for any recipient of the increased fines is included in the amendment, as SB 60 requires. While the penalties will be significantly higher than the standard administrative penalty amounts, it is important to underscore that only those violations that pose a threat to health or safety will be subject to the higher penalty amount. Additionally, violators of the city’s short-term vacation rental ordinance will still first receive a notice of violation in an effort to obtain voluntary compliance before any administrative penalties are issued. Only a failure to comply following the notice of violation, or allowing the violation to reoccur within a 12-month period, will result in the higher penalties being applied until compliance is achieved. Sept. 27, 2022 Item #5 Page 3 of 92 Civil penalties Consistent with current state law, cities and counties may impose administrative penalties in the amount of $100 for a first violation, $200 for a second violation and $500 for a third and each additional violation thereafter until compliance is achieved. The citations can be appealed by the violator before an impartial administrative hearing officer. Civil penalties operate in a similar, but quicker fashion. Under the new proposed civil penalties section of municipal code Chapter 1.10, civil penalties may be directly assessed by a notice and order issued by any departmental director or imposed, affirmed or modified by an administrative hearing officer. Civil penalties will be assessed at a daily rate based on a list of factors provided in the ordinance, with a maximum amount of $2,500 per violation capped at $400,000 per parcel or structure for any related series of violations. If the responsible party fails to comply with the compliance action specified in the notice and order, a hearing will be scheduled before a city-contracted administrative hearing officer to consider whether they caused or maintained the violation and whether the civil penalty amount imposed is reasonable, based on the criteria provided in the related ordinance. Civil penalties are usually reserved for more immediate and significant health and safety violations such as unpermitted electrical work, unpermitted grading on large-scale projects, certain stormwater violations, use of hazardous materials without hazardous materials plans or obstructions blocking traffic in a right of way. Staff recommend that language allowing the use of administrative civil penalties be included in the municipal code to provide another option for staff to ensure timely compliance in enforcement cases that pose more immediate and significant health and safety violations. Stop work and stop use orders The Carlsbad Municipal Code authorizes certain city employees such as the Building Official, City Engineer, City Planner or stormwater enforcement officials to issue stop work orders in certain cases. The code does not have a mechanism to stop an unauthorized land use or other property use under certain circumstances. Under the proposed amendment to Chapter 1.10, stop work orders and stop use orders could be issued against a property owner or responsible party to immediately cease any construction, installation, operation or activity, or to immediately cease the use of a building, building component, structure or mechanical device for the following reasons: • Construction, activity or conditions that create an imminent danger to public safety or health • Activities performed by persons with improper licensure, certification or registration • Unapproved and/or unpermitted activities • A permit has been issued for the use or work and no imminent danger circumstances exist, but the use or work is still found to be unlawful The amendments to Chapter 1.10 would allow a code enforcement officer to issue a stop work order or stop use order after approval from the Community Development Director or designee. Sept. 27, 2022 Item #5 Page 4 of 92 By allowing code enforcement officers to issue stop work orders under certain circumstances, and by adding a stop use order remedy to the Carlsbad Municipal Code, the city will have a more expedient and comprehensive tool set to quickly stop imminently dangerous, unpermitted, unlicensed or otherwise unlawful work, activities and uses in the city. Additional enforcement remedies Below is a summary of some of the other proposed code amendments to Chapter 1.10 that will further assist the city in pursuing enforcement actions. (All of the changes are detailed in exhibits 2 and 3.) • Clarify the city’s ability to not just enforce violations of the municipal code, but also any violations of any: o Permit or license approved under the municipal code o Condition of approval of a permit or entitlement granted pursuant to any provision of the municipal code o Required environmental mitigation measure o Term or condition of any city agreement under its police power, or o Any order issued by or on behalf of the city or by an administrative hearing officer contracted with the city • Enable the city (as opposed to only a responsible party) to request an administrative hearing for violations under certain circumstances • Enable the city to record a notice of ineligibility for land development against certain non- compliant properties and impose a bonding requirement on responsible parties • Clarify that a property owner and any responsible party are jointly and severally liable for any financial obligations as a result of any city actions involving the property, even if the property has been subsequently transferred or sold • Clarify that if a property is exchanged or sold, the obligation to correct any violations against the property remain with the new purchaser • Provide more guidance for administrative enforcement orders, including timing and methods of service and factors to be used in determining the amount of an administrative penalty, civil penalty, late fee or administrative costs, or in determining conditions and deadlines to correct violations or make payments • Reduce the late fee percentage from 100% to 25%, to align with recent case law interpreting the U.S. Constitution’s Eighth Amendment’s excessive fines clause • Provide that a failure to comply with an administrative enforcement order will be treated as a violation of the code and will be enforceable with all available legal and equitable remedies Sept. 27, 2022 Item #5 Page 5 of 92 Options Staff recommend the City Council adopt the proposed ordinance modifying Carlsbad Municipal Code Chapter 1.08 and Chapter 1.10 to improve current and add additional enforcement tools to help code enforcement and the City Attorney’s Office quickly resolve violations. There are no noted drawbacks to this action, other than the possibility that a responsible party may face additional remedies or increased penalties for failing to timely address violations. The City Council could choose instead to reject the recommended changes and continue operating under the current code allowances. The drawback to this option is that the noted delays in processing code enforcement cases and achieving compliance will continue. Fiscal Analysis The existing fiscal year 2022-23 budget includes sufficient funding for the cost of amending Carlsbad Municipal Code Chapters 1.08 and 1.10. The city is unable to determine the exact fiscal impact of this ordinance. However, the increased fines may offset some of the code enforcement program costs and potentially free up more staff time for other code cases, assuming cases can be resolved more expeditiously under the amended ordinance. Next Steps Once introduced by the City Council, the City Clerk’s Office will prepare the ordinance for adoption at the next regular City Council meeting. Once adopted, the City Clerk’s Office will publish the ordinance or a summary of the ordinance in a newspaper of general circulation within 15 days. The ordinance will be effective 30 days following its adoption. Environmental Evaluation This activity is not a project as defined by the California Environmental Quality Act Section 21065 and CEQA Guidelines Section 15378(b)(4), because the action is intended to clarify and improve upon current city enforcement regulations. The activity is also not a project because it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1.Ordinance amending Chapters 1.08 and 1.10 2.Chapter 1.08 with revisions highlighted 3.Chapter 1.10 with revisions highlighted 4.Code Enforcement Case Prioritization and Process Guide 5.California Coastal Zone Map Sept. 27, 2022 Item #5 Page 6 of 92 ORDINANCE NO. CS-434 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE TITLE 1, CHAPTER 1.08 -PENALTIES AND CHAPTER 1.10 -ADMINISTRATIVE CODE ENFORCEMENT REMEDIES WHEREAS, the enforcement of the Carlsbad Municipal Code throughout the City of Carlsbad is an important public service and is vital to the protection of the public's health, safety, and quality of life; and WHEREAS, Chapter 1.08 of the code establishes penalties for violations of the code; and WHEREAS, amendments to Chapter 1.08 are necessary to more effectively enforce the code; and WHEREAS, Chapter 1.10 establishes alternative administrative methods of code enforcement, and a comprehensive code enforcement system using a combination o_f judicial and administrative remedies is necessary to gain compliance with the code; and WHEREAS, amendments to Chapter 1.10 are necessary so that the code enforcement remedies can be more effectively applied in judicial and administrative proceedings and to clarify and improve the procedures used for administrative enforcement hearings. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: SECTION I: The above recitations are true and correct. SECTION II: Carlsbad Municipal Code Title 1, Chapter 1.08 is amended to read as follows: Sections: 1.08.010 1.08.020 1.08.030 Violations-penalties. Chapter 1.08 PENALTIES Authority of city employee to arrest. Authority of police rangers to arrest. 1.08.010 Violations-penalties. A.General 1.Except as otherwise provided in this code, a violation of any provision of this code, or a violation of any permit or license issued under this code, may be charged as an infraction. 2.A violation of any provision in Titles 8 or 11 of this code, or any other provision specifically stating a violation is a misdemeanor, may be charged as an infraction or a misdemeanor at the discretion of the city attorney. Exhibit 1 Sept. 27, 2022 Item #5 Page 7 of 92 3.Nothing contained in this code abrogates the city attorney's discretion to reduce any act chargeable as a misdemeanor under this chapter to an infraction if the city attorney determines the reduction servesthe interest of justice. 4.Aiding and abetting. Whenever a provision of this code prohibits any act or omission, the provision also prohibits the causing, permitting, aiding, abetting, suffering, maintaining, or concealing of the act or omission. Any person who causes, permits, aids, abets, suffers, maintains, or conceals the act oromission is guilty of a violation of this code and subject to the punishment prescribed for the act oromission. 5.Separate Violations. Each day during any portion of which a violation of this code is committed, continued, or permitted is a separate offense. 6.A conviction or payment of a fine or penalty for any violation of this code does not excuse or exempt compliance with all provisions of this code, including payment of any tax, fee, or other charge requiredby this code. 7.Nothing contained in this chapter shall preclude the city from enforcing the provisions of this codethrough any other legal or equitable remedies, including the administrative remedies contained inChapter 1.10 and/or the public nuisance abatement procedures in Chapter 6.16 of this code. B.Criminal penalties. 1.Misdemeanor. Except as otherwise provided in this code, a violation of this code determined to be amisdemeanor is punishable by a fine not exceeding $1,000.00, imprisonment in county jail for a termnot exceeding six months, or both. 2.Infraction. a.A violation of this code determined to be an infraction is punishable by a fine as provided for inCalifornia Government Code Section 36900, subdivision (b). b.Notwithstanding any other law, a violation of a local building or safety code determined to be aninfraction is punishable QY a fine as provided for in California Government Code Section 36900,subdivision (c). c.Notwithstanding any other law, a violation of Chapter 5.60 Short Term Vacation Rentals of thiscode that poses a threat to public health or safety is punishable by a fine as provided for inCalifornia Government Code Section 36900, subdivision (d). These enhanced fines apply to"short-term rentals" and "residential dwellings," as defined in California Government Code Section36900, subdivision (d)(2) and (d)(3). d.A person fined for an infraction under California Government Code Section 36900, subdivisions(b)(2), (b)(3), (c)(2), or (c)(3), who meets the requirements of California Government Code Section36900, subdivision (e), may request a hardship waiver under that subdivision to reduce theamount of the fine. 3.In addition to a monetary fine set forth in this subsection B, both conditional sentencing and probationare authorized as sentencing options in accordance with California Penal Code Section 1203,subdivision (a). C.Civil penalties. Any provision of this code may be enforced by a civil suit brought by the city, a civil injunctionissued by the Superior Court, or any other civil legal or equitable remedy. As part of a civil action, the courtmay assess a civil penalty for each day the violator commits, continues, allows or maintains the violation. Civil penalties may also be issued administratively pursuant to Section 1.10.060 of this code. 1.08.020 Authority of city employee to arrest. A The city manager or a deputized city employee is authorized under California Penal Code Section 836.5 to arrest a person without a warrant whenever the employee has reasonable cause to believe the person to be arrested committed a misdemeanor offense in the employee's presence that is a violation of this code or any uncodified city building or zoning ordinance. B.The city manager may deputize a city employee to exercise the power of arrest described in subsection A of this section if the employee has completed an introductory course of training prescribed by the Commission Sept. 27, 2022 Item #5 Page 8 of 92 on Peace Officer Standards and Training pursuant to California Penal Code Section 832. Nothing in this section authorizes a deputized employee to carry a firearm. 1.08.030 Authority of police rangers to arrest. A The city manager or a deputized police ranger is authorized under California Penal Code Section 836.5 to arrest a person without a warrant whenever the police ranger has reasonable cause to believe the person to be arrested committed a misdemeanor or infraction in the employee's presence that is a violation of any provision of this code or the animal control provisions of the San Diego County Code as adopted by reference in Section 7.08.010(8) of this code. B.The city manager may deputize a police ranger to exercise the power of arrest described in subsection A ofthis section if the police ranger has satisfactorily completed an introductory course of training prescribed by the Commission on Peace Officer Standards and Training pursuant to California Penal Code Section 832.Nothing in this section authorizes a deputized police ranger to carry a firearm. SECTION Ill: Carlsbad Municipal Code Title 1, Chapter 1.10 is amended to read as follows: Sections: 1.10.005 1.10.010 1.10.015 1.10.020 1.10.025 1.10.030 1.10.040 1.10.050 1.10.055 1.10.060 1.10.070 1.10.080 1.10.090 1.10.100 1.10.110 1.10.115 1.10.120 1.10.130 1.10.140 Chapter 1.10 ADMINISTRATIVE CODE ENFORCEMENT REMEDIES Article I. General Purpose and intent. Definitions. Remedies not exclusive. General enforcement authority. Procedural compliance. Notice of violation. Service of notices, orders, and citations. Notice of pending administrative enforcement action. Administrative costs. Civil penalties. Article II. Administrative Citations and Appeals Administrative citations. Administrative citation procedures. Contents of administrative citation. Administrative penalties assessed. Failure to pay administrative penalties; late fees. Transfer of ownership. Appeal of notice, order, or administrative citation. Article Ill. Administrative Hearings Administrative hearing procedures. Additional rules and procedures for administrative hearing officers and administrative hearings. Article I. General 1.10.005 Purpose and intent. The enforcement of this code and applicable state codes throughout the city is an important public service and is vital to the protection of the public's health, safety, and quality of life. There is a need for alternative methods of Sept. 27, 2022 Item #5 Page 9 of 92 code enforcement, and a comprehensive code enforcement system uses a combination of judicial and administrative remedies to gain compliance with code regulations. There is a need to draft precise regulations that can be effectively applied in judicial and administrative proceedings, and there is a need to establish uniform procedures for administrative enforcement hearings. 1.10.010 Definitions. The following definitions apply in interpreting and enforcing this chapter: "Administrative code enforcement remedies" include administrative abatement, summary abatement, civil penalties, notices of violation, administrative citations, recordation of notices of violation and certificates of noncompliance, and the withholding or revocation of permits as authorized by this code. "Administrative costs" means the actual costs incurred by the city from first discovery of a violation through the appeal process and until compliance is achieved, including staff time inspecting property, documenting violations, sending notices, and interviewing and responding to witnesses/complaining parties; laboratory, photographic, printing and other expenses incurred to document or establish the existence of a violation; scheduling and processing of any administrative hearing and related actions; and time and resources necessary to prepare for and participate in any appeal hearing. The amount of administrative costs shall not exceed the actual cost incurred in performing inspections and enforcement activity, including permit fees, fines, late charges, and interest. "Administrative enforcement order'' means an administrative hearing officer's written decision and order. "Administrative hearing officer" means any neutral third party contracted by the city to preside over administrative hearings. "Administrative penalty" means a monetary fine imposed by the city for acts or omissions determined to violate this code. "Director" means the director of any city department, including, but not limited to, the director of community development, the director of public works, the director of finance, and the director of environmental management. "Enforcement officer" means any city employee or agent of the city with the authority to enforce any provision of this code. "Notice" means a notice of violation, a notice and order for civil penalties, a notice of ineligibility for land development, a notice of hearing, and any notice and order that may be issued by the city pursuant to this code or any state code. "Person" means a natural person, firm, association, business, trust, organization, corporation, partnership, company, or other entity, which is recognized by law as the subject of rights or duties. "Responsible party" means a person in charge of a premises or location, or a person responsible for an event or incident, and includes any of the following: 1.A person who owns a property where a violation exists. 2.A person in charge of or exercising control over a premises where a violation exists. 3.A person renting, leasing, or using a premises where a violation exists. 4.If a person is a minor under the age of 18, the parents or guardians of the minor shall be the responsibleparty. 5.If a person is a business entity, the manager or on-site supervisor where a violation exists shall be a responsible party. 1.10.015 Remedies not exclusive. The procedures established in this chapter shall be in addition to criminal, civil, or other legal and equitable remedies established by law which may be pursued to address violations of this code or applicable state codes, including cease and desist orders for violations that pose a threat to health, safety, welfare, or the environment. The use of this chapter shall be at the sole discretion of the city. Sept. 27, 2022 Item #5 Page 10 of 92 1.10.020 General enforcement authority. A.Unless otherwise specified in this code, the city manager or designee or designated enforcement officershall have the power to inspect public and private property, and use the judicial and administrative remediesavailable under this code and state law to enforce any violation of any provision of this code, any permit orlicense approved pursuant to any provision of this code, any condition of approval of a permit or entitlementgranted pursuant to any provision of this code, any required environmental mitigation measure, any term orcondition of any city agreement pursuant to a police power, or any order issued by or on behalf of the city orby an administrative hearing officer contracted with the city. B.The city manager or designee or designated enforcement officer shall have the power to issue the followingnotices, orders, and citations in accordance with the procedures set forth in Section 1.10.040 of this chapter, unless another procedure is specified in this section: 1.Notice of violation. A notice of violation may be issued to a responsible party pursuant to the procedures of Article I of this chapter. 2.Administrative citation. An administrative citation may be issued to a responsible party pursuant to theprocedures of Article II of this chapter. 3.Compliance agreement and order. At the discretion of the code enforcement manager and in consultation with the city attorney, a compliance agreement and order may be executed with a property owner and any responsible party(ies) to ensure ongoing and long-term actions to remedy any violation of this code or other violation as stated in Section 1.10.020(A) of this chapter. The compliance agreement and order may contain a compliance schedule with milestones, penalty payment plans and due dates, action plans, compliance meetings, or other measures necessary to achieve and maintain compliance. 4.Notice of hearing. a.The city manager or designee may issue a notice of nuisance abatement hearing for violations of Chapter 6.16 of this code to a property owner and any additional responsible party pursuant to the procedures in Chapter 6.16 of this code. b.For all other violations of this code or other violations as stated in Section 1.10.020(A) of this chapter, a designated enforcement officer may issue a notice of hearing to a property owner andany additional responsible party if cure or abatement of the violation(s) is not achieved by thecompliance date provided on the notice, administrative citation, or order, or within three businessdays of issuance if no date is provided. c.The following procedures shall apply when a notice of hearing is issued: i.The city shall file the notice of hearing with the city clerk's office. ii.The hearing shall be scheduled, noticed, and administered in accordance with Article Ill ofChapter 1.10 of this code. iii.The person requesting the hearing shall be notified of the time and place set for the hearingat least 10 calendar days prior to the date of the hearing. iv.If the enforcement officer submits an additional written report concerning the violation to the administrative hearing officer at the hearing, then a copy of that report shall also be servedon the person requesting the hearing at least five calendar days prior to the date of thehearing. v.Within 15 days of receipt of the notice of hearing, the property owner or responsible partyshall pay an advance deposit of the full amount of any administrative penalties owed or file a request for an advance deposit hardship waiver pursuant to Section 1.10.120(F) of this chapter. A failure to comply with the requirements of this provision will not prohibit the cityfrom proceeding with the hearing. 5.Stop work order and stop use order. a.Reason for issuance. Without advance written notice, a stop work order or stop use order maybe issued to a property owner or responsible party to immediately cease any construction, Sept. 27, 2022 Item #5 Page 11 of 92 installation, operation, or activity, or to immediately cease the use of a building, building component, structure, or mechanical device for any of the following reasons: i.There is reasonable cause to believe that the construction, installation, activity, existing condition, or method of operation creates an imminent danger to public safety or health as a result of a violation of this code or of other applicable law. ii.The activity is being performed or conducted by an individual who does not hold the appropriate license, certification, or registration as required by this code or by other applicable law. iii.The construction, installation, activity, or operation has not been approved or has not been issued the appropriate permit as required by this code or by other applicable law. iv.Where a permit has been issued and no imminent danger circumstances defined in Section1.10.020(B)(5)(a)(i) of this chapter exist, the city attorney's office must review the stop workorder or stop use order before issuance to ensure the work or use is unlawful. b.Issuance of order. i.Unless otherwise specified in this code, a stop work order or stop use order shall be issued only upon the review and approval of the director of community development or designee. This section is not intended to conflict with, override, or interfere with other sections of this code that provide the building official, city engineer, director of public works, city planner, ortheir designee with primary stop work order authority and enforcement responsibility. ii.A stop work order or stop use order shall be in writing and shall be served using the procedures in Section 1.10.040(A)(2) of this chapter, requiring posting and mailing. iii.The stop work order or stop use order shall include at least all of the following: (A)The date and location of the violation(s) and, if applicable, the approximate time the violation(s) were observed. (B)The code section(s) violated and describe how the section(s) were violated. (C)A description of the application and the extent of the order describing the object, component, or activity covered by the order. A stop work order or stop use order issued in relation to the construction of a building may not extend to other activities or portions of a building, structure, building component, or mechanical device that is not directly associated with the reason for the stop work order or stop use order. (D)A description of the action required to correct the violation(s) and a requirement that the corrective action take place immediately. (E)A reference that the stop work order or stop use order shall remain in effect until the enforcement officer or city manager or designee determines that the conditions of the order are fulfilled, or until the order is rescinded or overturned by the city manager or designee. (F)The signature of the issuing enforcement officer and the director of community development or designee, or if issued pursuant to another chapter of this code, thesignature of the issuing building official, city engineer, director of public works, city planner, or their designee. The city attorney's office must also review any stop work order or stop work order issued pursuant to Section 1.10.020(B)(5)(a)(iv) of this chapter. (G)Instructions for submitting a request to appeal the stop work order or stop use order to the city manager or designee, consistent with Section 1.10.020(B)(5)(c) of this chapter. (H)A reference to the potential consequences should the property owner or responsible party refuse to immediately comply with the conditions of the stop work order or stop use order, including criminal prosecution; civil injunction; administrative abatement; additional administrative citations; an administrative hearing requested by the city to resolve the violations; suspension, revocation, or stay of issuance of municipal permits or other city authorizations; recordation of notices of violation, certificates of Sept. 27, 2022 Item #5 Page 12 of 92 noncompliance, or notices of ineligibility for land development; bonding requirements; and referral to other enforcement authorities. iv.The city may post a sign or notice to the public regarding the issuance of a stop work order or stop use order. The sign or notice shall be posted in a conspicuous location and shall remain where posted until the enforcement officer or city manager determines that the conditions of the order are fulfilled, or until the order is rescinded or overturned by the city manager. v.The property owner or responsible party must furnish to the city any additional information, investigations and reports necessary to resolve the stop work order or stop use order conditions. The property owner or responsible party must pay for all expenses associated with furnishing these items, as well as any additional staff time to resolve the stop work order or stop use order conditions. vi.Any person who continues or allows prohibited work or a prohibited use after a stop work order or stop use order has been issued by the city, or who removes a stop work order or stop use order posted by the city, is in violation of the stop work order or stop use order. This offense will be treated as a violation of this code and may be prosecuted as an infraction or misdemeanor at the discretion of the city attorney. The city may use any other available legal or equitable remedy to recover any penalties, costs, fees, and obtain compliance with the stop work order or stop use order, as provided in this code or other applicable law. c.Appeal of stop work order or stop use order to the city manager or designee. i.The recipient of a stop work order or stop use order or any person who is adversely affected by the order may request to appeal the order to the city manager or designee within 30 calendar days of posting of the order. ii.A request to appeal a stop work order or stop use order shall be in writing and shall include a statement of the specific reasons why the person believes that the issuance of the order is incorrect or inappropriate. Request to appeal forms may be obtained from the city's website, the code enforcement division, or the department or division specified on the stop work order or stop use order. iii.The request to appeal shall be filed with the department or division specified on the stop work order or stop use order. iv.Hearing on appeal and decision of city manager or designee. (A)The city manager or designee shall set a date, time, and location for the appeal hearingon a date no later than 10 business days after the request to appeal has been filed, unless the parties stipulate to a later date. (B)At the hearing, the party contesting the stop work order or stop use order shall have an opportunity to testify and to present evidence concerning the stop work order or stop use order. Formal rules of evidence shall not apply during the hearing. (C)Any city-issued notices, administrative citations, and additional report(s) submitted by an enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. (D)The city manager or designee may continue the hearing and request additional information from the enforcement officer, the recipient of the stop work order or stop use order, or the property owner prior to issuing a written decision. (E)The failure of any person requesting to appeal a stop work order or stop use order to appear at any scheduled appeal hearing shall result in the dismissal of the appeal anda failure to exhaust administrative remedies. (F)The failure of any person to file a request for appeal in accordance with the provisions of this section shall constitute a waiver of the person's rights to an administrative determination of the merits of the stop work order or stop use order. If no request for appeal is filed, the stop work order or stop use order shall be deemed a final order. Sept. 27, 2022 Item #5 Page 13 of 92 (G)The city manager or designee shall issue a written decision within five business days following an appeal hearing of a stop work order or stop use order. The written decision shall include information about appeal rights and procedures if the decision adversely affects the person requesting the appeal. d.Administrative review hearing. i.A person adversely affected by the decision of the city manager or designee under Section 1.10.020(B)(5)(c) of this chapter concerning a stop work order or stop use order may file an appeal of the decision to be reviewed by an administrative hearing officer, in accordance with the procedures of Section 1.10.120 of this chapter and Article Ill of Chapter 1.10 of this code. ii.A request for a hearing to review the decision of the city manager or designee regarding a stop work order or stop use order shall include a statement of the specific reasons why the person believes the decision is incorrect or inappropriate. iii.A request for a hearing to review the decision of the city manager or designee regarding a stop work order or stop use order shall be denied if the request is received more than 30 calendar days after issuance of the decision. iv.An administrative hearing to review the decision of the city manager or designee regarding a stop work order or stop use order shall be governed by the provisions of Section 1.10.120 and Article Ill of Chapter 1.10 of this code. 7.Notice of intent to determine ineligibility for land development. a.Any person who fails to perform construction, grading, building, or other work in accordance with a city-issued permit or who performs construction, grading, building, or other· work in violation of applicable provisions of this code, a city-issued permit or order, conditions of approval, or other regulatory requirements, along with the property owner, may be served a notice of intent to determine ineligibility for land development, which prohibits the continuation of development or construction activities on the property where the violation occurred. b.The notice of intent required by this section must: i.Be served on the responsible party and property owner personally, or posted on the property and mailed by certified mail and first-class mail to the address shown on the most recent tax assessment roll; ii.State the city's intent to record a notice of ineligibility for land development against the property; iii.Fix a location, time, and date, not less than 15 calendar days after delivery of the notice, at which an administrative hearing will occur; and iv.Explain that during the hearing the responsible party and property owner may submit written or oral comments or reasons why a notice of ineligibility should not be recorded. c.The ineligibility hearing must: i.Be held at the appointed time, or at a time agreed to by all parties; ii.Provide the responsible party and property owner an opportunity to present written or oral comments or reasons why a notice of ineligibility should not be recorded against the property; iii.Result in a determination of whether a violation occurred, whether it has been remedied, and whether to record a notice of ineligibility for land development; and iv.Comply with the hearing requirements of Chapter 1.10 of this code to the extent those requirements do not conflict with the requirements of this section. d.A notice of ineligibility for land development that is recorded in accordance with this section remains in effect until the enforcement officer records a release of notice of ineligibility for land development. A release of notice of ineligibility for land development may be recorded when the responsible party implements all required plans and best management practices (if applicable) Sept. 27, 2022 Item #5 Page 14 of 92 and remedies all noncompliant site conditions as described in the notice of ineligibility for land development. During the effective dates of any notice of ineligibility recorded in accordance with this section, no application for a building permit, administrative permit, site plan, use permit, variance, tentative parcel map, tentative map, parcel map, final map, or any other permit for the development of the property on which the violation occurred will be approved. e.This remedy is not intended to conflict with any other notices that may be recorded against aproperty for violations of this code. 8.Bonding requirement. A responsible party may be required to post a bond or other security instrument to assure the correction of a violation of any provision of this code or other violation as stated in Section1.10. 020(A) of this chapter. 9.Referral to other enforcement authorities. Where required or appropriate, violations of this code or other violations as stated in Section 1.10.020(A) of this chapter may be referred to agencies having authority over the action constituting a violation. C.Each type of notice, order, or citation authorized by this code may be issued alone, or it may be combined with any other type of notice, order, or citation. D.The city manager may establish rules and procedures necessary to implement the provisions of this chapter. E, This section is not intended to replace or override any enforcement powers that are provided to other designated city employees in this code or in any other applicable law. 1.10.025 Procedural compliance. Failure to comply with any procedural requirement of this chapter, to receive any notice, decision, or order specified in this chapter, or to receive any copy required to be provided by this chapter does not affect the validity of proceedings conducted under this chapter unless the responsible person is denied constitutional due process by the failure. 1.10.030 Notice of violation. An enforcement officer may issue a notice of violation to a responsible party in response to any violation of any provision of this code, any permit or license approved pursuant to any provision of this code, any required environmental mitigation measure, any term or condition of any city agreement pursuant to a police power, or any order issued by or on behalf of the city or by an administrative hearing officer contracted with the city. The notice of violation shall include the following information: A.The name of the record owner of the property. B.Street address. C.The code section(s), provision(s), condition(s), or term(s) violated. D.A description of how the property's condition violates the applicable code section(s), provision(s), condition(s), or term(s). E.A description of necessary corrections to bring the property into compliance. F.A reasonable deadline or specific date to correct the violations listed in the notice of violation. G.If the notice of violation is issued for a public nuisance under Chapter 6.16 of this code, an advisement that the responsible party has 10 calendar days from the date of mailing of the notice of violation to file an appeal, or 10 calendar days from the date of personal service of the notice of violation if served using this method. H..A reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline, including criminal prosecution; civil injunction; administrative abatement; administrative citations; an administrative hearing requested by the city to resolve the violations; suspension, revocation, or stay of issuance of municipal permits or other city authorizations; recordation of notices of violation, certificates of noncompliance, or notices of ineligibility for land development; bonding requirements; and referral to other enforcement authorities. Sept. 27, 2022 Item #5 Page 15 of 92 1.10.040 Service of notices, orders, and citations. A Except for an initial notice of violation, whenever a notice, order, or administrative citation is required to be given under this code for enforcement purposes, the notice, order, or administrative citation shall be served on a responsible party by any of the following methods unless different provisions are otherwise specifically stated to apply: 1.Personal service. 2.Posting the notice, order, or administrative citation conspicuously on or in front of the property that is the subject of the violation and subsequently mailing a copy to a responsible party in the manner described in subsection (A)(3) of this section. The form of the posted notice, order, or administrative citation shall be approved by the city attorney or designee. 3.Certified mail, postage prepaid, return receipt requested to the property address and any other mailing address(es) on file with the county tax collector and the county assessor. The city may, but is not required to, provide this form of notice to any other known address for a responsible party. a.Simultaneous to service by certified mail, the same notice, order, or administrative citation may also be sent by regular mail to the property address(es) on file with the county tax collector and the county assessor. b.If a notice, order, or administrative citation sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to any regular mailing. However, if the notice, order, or administrative citation sent by both regular mail and certified mail are returned, the notice, order, or administrative citation must be served pursuant to subsection (A)(1) or (A)(2) of this section. c.Service by certified or regular mail in the manner described in this subsection is effective on the date of mailing. B.The failure of a responsible party to receive any notice, order, or administrative citation served in accordance with this chapter shall not affect the validity of any proceedings taken under this code. C.The notice requirements in this section do not apply to initial notices of violation, which may be sent by regular mail to the property address(es) on file with the county tax collector and the county assessor. Service of a notice of violation by regular mail is effective on the date of mailing. D.If a responsible party is not an individual, the enforcement officer shall attempt to identify the property owner and issue the property owner the notice, order, or administrative citation. If the enforcement officer can only identify the manager or onsite supervisor of the property, the notice, order, or administrative citation may be issued in the name of the property owner and served upon the manager or onsite supervisor in the manner provided in this chapter. A copy of the notice, order, or administrative citation shall also be mailed to the· property owner in the manner prescribed by this section. E.If the property that is the subject of a violation is owned by a corporation, notices and administrative citations may be served by certified mail to the registered agent for the corporation. 1.10.050 Notice of pending administrative enforcement action. A For purposes of this chapter the enforcement officer may have a notice recorded with the county recorder's office against a property that is the subject of a pending administrative enforcement action with the city. B.The notice of the pending administrative enforcement action shall be on a form approved by the city attorney or designee and shall describe the nature of the administrative enforcement action, the owner's assessor'sparcel number, the parcel's legal description, a copy of the latest notice of violation, and the governing code section(s). C.Notification letter. 1.Prior to recording the notice of pending administrative enforcement action, the enforcement officer shall serve a notification letter on the responsible party and property owner stating that the notice of pending administrative enforcement action will be recorded unless a request for hearing form is filed pursuant to the procedures outlined in Section 1.10.120 of this chapter, except that the time to file the request for hearing form is 10 calendar days from the date of mailing of the notification letter. Sept. 27, 2022 Item #5 Page 16 of 92 2.The notification letter shall be served on the responsible party and property owner pursuant to any ofthe methods of service set forth in Section 1.10.040 of this chapter. The enforcement officer may also send a courtesy copy of the letter to any other party with an interest in the property. 3.If a request for hearing form is not received by the city within 10 calendar days of the date of mailing of the notification letter, the enforcement officer may record the notice of pending administrative enforcement action if the code violations remain. The failure of any person to file a request for hearing form in accordance with these provisions shall constitute a waiver of the right to an administrative hearing and shall not affect the validity of the recorded notice of pending administrative enforcement action. D.Hearing prior to recordation of notice of pending administrative enforcement action. 1.Any hearing conducted upon receipt of a request for hearing form shall follow the procedures set forth in Section 1.10.120 and Article Ill of this chapter. 2.The purpose of the hearing is for the responsible party or property owner to state any reasons why a notice of pending administrative enforcement action should not be recorded. The administrative enforcement officer shall only consider evidence that is relevant to the following issues: a.Whether the conditions listed in the notice of pending administrative enforcement action violate the Carlsbad Municipal Code or applicable state codes, or whether the conditions constitute any other violation as described in Section 1.10.020(A) of this chapter; and b.Whether the enforcement officer afforded the responsible party and property owner with due process by adhering to the notification procedures specified in this Section 1.10.050 of this chapter. 3.If the administrative hearing officer affirms the enforcement officer's decision to record the notice ofpending administrative enforcement action, the enforcement officer may record the notice. 4.If the administrative hearing officer determines that recordation is improper, the administrative hearing officer shall invalidate the enforcement officer's decision to record the notice of pending administrative enforcement action. E.A copy of the recorded notice of pending administrative enforcement action shall be served on the property owner and responsible party pursuant to any of the methods of service set forth in Section 1.10.040 of this chapter. F.Prohibition against issuance of multiple permits. The city may withhold permits for any alteration, repair, orconstruction pertaining to any existing or new structures or signs on the property, or any permits pertainingto the use and development of the real property or the structure: 1) if a request for hearing prior to recordationof notice of pending administrative enforcement action has not been timely filed and the notice issubsequently recorded; or 2) after an administrative hearing officer affirms the enforcement officer's decisionto record a notice of pending administrative enforcement action and the notice is subsequently recorded.The city may withhold permits until a certificate of compliance or notice of release has been issued by the enforcement officer. The city may not withhold permits which are necessary to obtain a certificate ofcompliance or notice of release, or which are necessary to correct serious health and safety violations. G.Upon final resolution of the pending administrative enforcement action, including the correction of all violations and payment of all outstanding penalties, costs, and fees, the enforcement officer shall have acertificate of compliance or notice of release filed with the county recorder's office releasing the propertyfrom the notice of pending administrative enforcement action. The certificate of compliance or notice of release shall be on a form approved by the city attorney or designee. 1.10.055 Administrative costs. A.In addition to the assessment of any administrative penalties, the enforcement officer is authorized to assess administrative costs against a responsible party, as provided for in California Government Code Section54988. B.The city shall provide a responsible party and the property owner with written notice of assessment ofadministrative costs on a form approved by the city attorney or designee, which shall include: 1.The basis for the administrative costs. Sept. 27, 2022 Item #5 Page 17 of 92 2.The code section(s) of the underlying administrative enforcement action. 3.A statement that the property owner has 45 calendar days after such notice is issued to pay the administrative costs, after which time the property may be subject to a proposed lien. 4.A statement that the property owner has an opportunity to appear before the planning commission and be heard regarding whether the proposed lien should become a lien and the lien amount. C.The notice of assessment of administrative costs shall be mailed using the service by mail procedures in Section 1.10.040 of this chapter. D.If the property owner elects to appear before the planning commission and be heard regarding whether the proposed lien should become a lien and the lien amount, the planning commission shall conduct a hearing. Written notice of the hearing shall be provided to the property owner by mail at least 10 calendar days in advance of the hearing. After the hearing, the planning commission shall make a written recommendation to the city council. The recommendation shall include factual findings based on the evidence introduced at the hearing. E.The city council may. adopt the planning commission's recommendation or direct the matter be set for a new hearing before the city council. Written notice of the new hearing shall be provided to the property owner by mail at least 10 calendar days in advance of the hearing. F.If the city council determines that the proposed lien shall become a lien, the city council may have a notice of lien recorded with the county recorder. The lien shall attach upon recordation and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice of lien shall include the record owner or possessor of the property, the last known address of the record owner or possessor, the date upon which the lien was created against the property, and a description of the real property subject to the lien and the amount of the lien. G.The failure of any person with a financial interest in the property to actually receive the notice of the lien shall not affect the validity of the lien or any proceedings taken to collect the outstanding civil penalties. H.All administrative costs assessed are cumulative. If a responsible party fails to correct the violation(s), or has the same, similar, repeated, or continuing violation(s), subsequent administrative costs may be assessed. I.Payment of administrative costs does not excuse the failure of a responsible party to correct the violations(s) and does not bar further enforcement action by the city. J.The correction of a violation does not excuse the failure of a responsible party to pay any outstanding administrative costs. 1.10.060 Civil penalties. A.Declaration of purpose. The city council finds that there is a need for alternative methods of code enforcement. The administrative assessment of civil penalties along with an administrative hearingprocedure is a necessary alternative method of code enforcement, in addition to any other administrative orjudicial remedy established by law which may be pursued to address violations of this code and applicablestate codes. B.Authority. 1.Any person violating any provision of this code or applicable state code, any permit or license approvedpursuant to any provision of this code, any condition of approval of a permit or entitlement grantedpursuant to any provision of this code, any required environmental mitigation measure, any term orcondition of any city agreement pursuant to a police power, or any order issued by or on behalf of thecity or by an administrative hearing officer contracted with the city may be subject to the assessmentof civil penalties pursuant to the administrative procedures provided in Section 1.10.060 of this chapter. 2.Each day a violation as described in Section 1.10.060(8)(1) of this chapter exists constitutes a separateand distinct violation. 3.Civil penalties may be directly assessed by means of a notice and order issued by any director or imposed, affirmed, or modified by an administrative hearing officer. 4.Civil penalties shall be assessed at a daily rate determined by a director or administrative hearingofficer pursuant to the criteria listed in Section 1.10.060(0)(3) of this chapter. The maximum rate shall Sept. 27, 2022 Item #5 Page 18 of 92 be $2,500 per violation. The maximum amount of civil penalties shall not exceed $400,000 per parcel or structure for any related series of violations, exclusive of administrative costs. C.Procedures-notice and order. 1.Whenever a director determines that a violation as described in Section 1.10.060(8)(1) of this chapter has occurred or continues to exist, a written civil penalties notice and order may be issued to the responsible party. 2.The notice and order shall list all applicable sections violated and describe how each section is or has been violated. 3.The notice and order shall refer to the dates and locations of the violations. 4.The notice and order shall describe the remedial action required to permanently correct outstanding violations and establish time frames for completion. 5.The notice and order shall establish a daily amount of civil penalties. A director shall determine the daily amount of civil penalties pursuant to the criteria in Section 1.10.060(0)(3) of this chapter. 6.The notice and order shall identify a date when the civil penalties began to accrue and a date when the assessment of civil penalties ended, unless the violation is continuous. In the case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the notice and order until the violations are corrected. 7.If a director determines that the violations are continuing, the notice and order shall demand that the responsible party cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate city department(s) or division(s). 8.The notice and order shall enumerate any other consequences should the responsible party fail to comply with the terms and deadlines as prescribed in the notice and order. 9.The notice and order shall explain the responsible party's right to appeal in accordance with Section 1.10.020 of this chapter and shall follow the appeal procedures set forth in Section 1.10.120 and Article Ill of this chapter. Unless contested, the notice and order shall be final and be enforced pursuant to Section 1.10.060 of this chapter. 10.The notice and order shall be served upon the responsible party by any one of the methods of service provided in Section 1.10. 040 of this chapter. 11.The notice and order shall identify the factors used by a director in determining the duration and the daily amount of civil penalties. 12.More than one notice and order may be issued against the same responsible party if it encompassesdifferent dates or different violations. D.Determination of civil penalties 1.In determining the date when civil penalties start to accrue, a director or administrative hearing officermay consider the date when the department or division first discovered the violations as evidenced bythe issuance of a notice of violation or any other written correspondence. 2.The assessment of civil penalties shall end when all action required by the notice and order has been completed. 3.In determining the amount of the civil penalty to be assessed at a daily rate, a director or administrative hearing officer may consider some or all of the following factors: a.The duration of the violation. b.The frequency or recurrence of the violation. c.The nature and seriousness of the violation. d.The history of the violation. e.Whether the offense impacted environmentally sensitive lands, a historical resource, or adesignated historical resource as defined throughout this code. f.The willfulness of the responsible party's misconduct. Sept. 27, 2022 Item #5 Page 19 of 92 g.The responsible party's conduct after issuance of the notice and order. h.The good faith effort by the responsible party to comply. i.The economic impact of the penalty on the responsible party. j.The impact of the violation on the community. k.Any other factors that justice may require. 4.The city manager may establish a penalty schedule for a director and administrative hearing officer touse as a guideline in determining the amount of civil penalties in appropriate cases. The city managermay also establish procedures for the use of this penalty schedule. E.Failure to comply with director's notice and order. When the responsible party fails to comply with the termsof the notice and order, a director shall schedule a civil penalties hearing in accordance with theadministrative hearing procedures contained in Article Ill of Chapter 1.10 of this code, to the extent those procedures do not conflict with the requirements of this section. Failure to comply includes failure to pay theassessed civil penalties, failure to commence and complete corrections by the established deadlines, or failure to refrain from continuing violations as described in Section 1.10.060(8)(1) of this chapter. F.Civil penalties hearing 1.The procedures for a civil penalties hearing are the same as the hearing procedures set forth in Article Ill of Chapter 1.10 of this code. 2.The administrative hearing officer shall only consider evidence that is relevant to the following issues: a.Whether the responsible party has caused or maintained a violation as described in Section 1.10.060(8)(1) of this chapter which existed on the dates specified in the notice and order. b.If a notice and order was issued by a director, whether the amount of civil penalties assessed by the director pursuant to the procedures and criteria outlined in Section 1.10.060 of this chapter was reasonable. G.Administrative enforcement order 1.Once all evidence and testimony are completed, the administrative hearing officer shall issue an administrative enforcement order which affirms or rejects the director's notice and order or which modifies the daily rate or duration of the civil penalties depending upon the review of the evidence. The administrative hearing officer may increase or decrease the total amount of civil penalties and costs that are assessed by the director's notice and order. 2.The administrative hearing officer may issue an administrative enforcement order that requires the responsible party to cease and desist from committing the specified violations and to make specified corrections. 3.As part of the administrative enforcement order, the administrative hearing officer may establish specific deadlines for the payment of penalties and costs and condition the total or partial assessmentof civil penalties on the responsible party's ability to complete compliance by specified deadlines. 4.The administrative hearing officer may issue an administrative enforcement order that imposes additional civil penalties that will continue to be assessed until the responsible party complies with the administrative enforcement order and corrects the violation. 5.The administrative hearing officer may schedule subsequent review hearings as necessary or asrequested by a party to the hearing to ensure compliance with the administrative·enforcement order. H.Failure to comply with the administrative enforcement order. The failure of a responsible party to comply withthe terms and deadlines set forth in the administrative enforcement order will trigger the enforcement provisions set forth in Section 1.10.130(C) of this chapter. If the civil penalties were initially imposed pursuantto a notice and order, the director shall monitor the violations and determine compliance. Article II. Administrative Citations and Appeals Sept. 27, 2022 Item #5 Page 20 of 92 1.10.070 Administrative citations. A.An enforcement officer may issue an administrative citation to any responsible party in response to anyviolation of any provision of this code, any permit or license approved pursuant to any provision of this code;any condition of approval of a permit or entitlement granted pursuant to any provision of this code, any required environmental mitigation measure, any term or condition of any city agreement pursuant to a policepower, or any order issued by or on behalf of the city or by an administrative hearing officer contracted with the city. B.A continuing violation of the violations specified in Section 1.10.070(A) of this chapter constitutes a separate and distinct violation each day the violation exists. C.Administrative penalties shall be assessed by means of an administrative citation issued by an enforcement officer and shall be payable directly to the city. D.Administrative penalties shall be collected in accordance with the procedures specified in this chapter. 1.10.080 Administrative citation procedures. A.Upon discovering a violation of this code, an enforcement officer may issue and serve an administrative citation to a responsible party in the manner prescribed in this chapter. The administrative citation shall be issued on a form approved by the city attorney or designee. B.A responsible party shall be provided a notice of violation prior to the issuance of an administrative citation, except in the event of certain violations related to the illegal cultivation of cannabis, as governed by California Government Code Section 53069.4(a)(2)(B). C.A second or subsequent notice of violation does not need to be issued to the same responsible party prior to the issuance of an administrative citation if a notice of violation for the same, similar, repeated, or continuing violation was previously issued. D.Failure to comply with any portion of a notice of violation may result in the issuance of an administrative citation. E.If an administrative citation is served by personal service, the enforcement officer shall attempt to obtain the signature of the responsible party to whom the administrative citation is being issued. If the responsible party refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and any subsequent proceedings. 1.10.090 Contents of administrative citation. An administrative citation shall: A.Document the date and location of the violation(s) and, if applicable, the approximate time the violation(s) were observed. B.Document the code section(s), provision(s), condition(s), or term(s) violated and describe what action or absence of action resulted in the violation. C.Describe the action required to correct the violation(s). D.Require the responsible party to correct the violation(s) by a reasonable compliance date to be provided by the enforcement officer and explain the consequences of failure to correct the violation(s). E.If a violation is continuing in nature, demand the responsible party cease and desist from further action causing the violation(s) and commence and complete all action to correct the outstanding violation(s). F.State the amount of the administrative penalty imposed for the violation(s). G.Explain how the administrative penalty shall be paid, the time period by which it shall be paid and the consequences of the failure to timely pay it. H.Indicate the responsible party has 30 calendar days from the date of issuance of the administrative citation to appeal the citation, including any administrative penalty imposed. I.Contain the signature of the issuing enforcement officer and the signature of the responsible party, if the responsible party was personally served and signed the administrative citation, as provided in this chapter. Sept. 27, 2022 Item #5 Page 21 of 92 J.Contain a reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline, including criminal prosecution; civil injunction; administrative abatement; additional administrative citations; an administrative hearing requested by the city to resolve the violations; suspension, revocation, or stay of issuance of municipal permits, or other city authorizations; recordation of notices of violation, certificates of noncompliance, or other notices of ineligibility for land development; bonding requirements; and referral to other enforcement authorities. 1.10.100 Administrative penalties assessed. A The amount of administrative penalty assessed shall be as authorized in California Government Code Sections 36900, subdivisions (b)-(d), 36901, and 53069.4, subdivision (a)(1 ). B.All administrative penalties assessed are cumulative. If a responsible party fails to correct the violation(s), or has the same, similar, repeated, or continuing violation(s), subsequent administrative penalties may be issued. C.All administrative penalties assessed shall be payable to the city within 30 calendar days from the date of the administrative citation. D.All administrative penalties paid under this section shall be refunded if it is determined, after a hearing, the person charged in the administrative citation was not responsible for the violation(s) or there were no violation(s) as charged in the administrative citation. E.Payment of administrative penalties shall not excuse the failure of any responsible party to correct theviolation(s) nor shall it bar further enforcement action by the city. F.The correction of a violation does not excuse the failure of a responsible party to pay any outstanding administrative penalties. 1.10.110 Failure to pay administrative penalties; late fees. A The failure of any person to pay an administrative penalty or late fee within the time specified on the administrative citation or other notice without the filing of an appeal as provided in this chapter will result in the assessment of an additional late fee. The amount of the late fee is 25% of the total amount of the administrative penalty and will be assessed independent of whether the violation has been corrected. 8.The failure of any person to pay an administrative penalty or late fee assessed within the time specified on the administrative citation or other notice constitutes a debt to the city. The city may file a civil action and/or pursue any other legal remedy to collect the debt. 1.10.115 Transfer of ownership. A It is unlawful for the owner of any real property or structure who has an outstanding notice of violation, order, or administrative citation related to the real property or structure to sell, transfer, mortgage, lease, or otherwise dispose of the real property or structure to another until: ( 1) the corrective action has been completed and all penalties, costs, and late fees have been paid; or (2) until the owner furnishes the grantee, transferee, mortgagee, or lessee a true copy of any notice, order, or administrative citation and furnishes an enforcement officer a signed and notarized statement from the grantee, transferee, mortgagee, or lessee acknowledging the receipt of the notice, order, or administrative citation and either: (a) fully accepting the responsibility without condition for making the corrections or repairs required by the notice, order, or administrative citation; or (b) stating the grantee, transferee, mortgagee, or lessee intends to timely challenge the notice, order, or administrative citation. The transfer of ownership in violation of this section shall not abrogate the transfer. 8.Any property owner and any responsible party shall be jointly and severally liable for any financial obligations as a result of any city actions and proceedings involving the property, even if the property is subsequently transferred, exchanged, sold, inherited, or gifted, to ensure the continuity of the city's business and administration of its laws. These financial obligations may include administrative penalties, late fees, and administrative costs as defined in this chapter; civil fines and penalties; and criminal fines and penalties. The city may use any legal means to enforce the collection of these financial obligations, including referral to collections agencies and the Franchise Tax Board. Sept. 27, 2022 Item #5 Page 22 of 92 C.If the property is exchanged, sold, inherited, or gifted, the obligation to correct any such violations against the property shall then be the responsibility of the purchaser, transferee, or lessee of interest, who shall be bound by the obligation to correct without further notice. 1.10.120 Appeal of notice, order, or administrative citation. A.A recipient of an administrative citation or an unfavorable decision of the city manager or designee related to a stop work order or stop use order may contest the citation or decision on a stop work order or a stop use order by completing all required request for hearing forms and returning them to the code enforcement division or other department or division specified on the administrative citation or decision on a stop work order or a stop use order within 30 calendar days from the date the administrative citation or decision was issued, together with an advance deposit of the full amount of administrative penalties or notice that a request for an advance deposit hardship waiver has been filed pursuant to subsection F of this section. If the deadline to appeal falls on a weekend or city holiday, then the deadline is extended to the next regular business day. B.A recipient of a notice of violation for a public nuisance under Chapter 6.16 of this code or a notice and order for civil penalties has 10 calendar days from the date of mailing of the notice, or 10 calendar days from the date of personal service of the notice if served using this method, to submit a request for hearing form to the code enforcement division or other department or division specified on the notice. If the deadline to appeal falls on a weekend or city holiday, then the deadline is extended to the next regular business day. A notice of violation for any other offense besides a public nuisance under Chapter 6.16 of this code is not appealable until an administrative citation has been issued for that offense. C.Request for hearing forms may be obtained from the city's website, the code enforcement division, or the department or division specified on the notice, administrative citation, or decision on a stop work order or a stop use order. D.The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 calendar days prior to the date of the hearing. E.If the enforcement officer submits an additional written report concerning the notice, administrative citation, or decision on a stop work order or a stop use order to the administrative hearing officer at the hearing, then a copy of that report shall also be served on the person requesting the hearing at least five calendar days prior to the date of the hearing. F.Advance deposit hardship waiver for appeal of administrative citations. 1.A responsible party who intends to request a hearing to contest an administrative citation, and who is financially unable to make the advance deposit of the full amount of any administrative penalty, may file a request for an advance deposit hardship waiver, to be considered by the finance department designee. 2.The advance deposit hardship waiver request shall be filed with the code enforcement division or other department or division specified on the administrative citation within 10 calendar days of the date theadministrative citation was served. The waiver request shall be filed using the advance deposit hardship waiver application form, which shall be available on the city's website or from the codeenforcement division. 3.The requirement of depositing the full amount of the administrative penalties shall be stayed unless or until the finance department designee makes a determination not to issue the advance deposit hardship waiver. 4.The finance department designee may issue an advance deposit hardship waiver up to the full amount of any administrative penalty only if the responsible party submits to the finance department designeea sworn declaration, together with relevant supporting documents or materials, demonstrating to the satisfaction of the finance department designee: a.The responsible party has made a bona fide effort to comply with the code violated, and b.Depositing the full amount of the required payment in advance of the hearing would result in an undue financial burden. 5.If the finance department designee determines not to issue an advance deposit hardship waiver, theresponsible party shall remit the full amount of the administrative penalty to the code enforcement Sept. 27, 2022 Item #5 Page 23 of 92 division or other department or division specified on the administrative citation within 10 calendar days of the date of the finance department designee's determination. 6.The finance department designee shall issue a written determination listing the reasons for the determination to issue or not to issue the advance deposit hardship waiver. The written determination of the finance department shall be final and non-appealable. 7.The written determination of the finance department designee shall be served upon the person who applied for the advance deposit hardship waiver by regular U.S. mail or any other method reasonably likely to reach the applicant, including electronic mail and facsimile. Article Ill. Administrative Hearings 1.10.130 Administrative hearing procedures. Administrative hearings shall be conducted in accordance with this chapter and any administrative orders promulgated by the city manager. A.Administrative hearing procedures. 1.No hearing to contest an administrative citation before an administrative hearing officer shall bescheduled unless the full amount of administrative penalties has been deposited in advance or an advance deposit hardship waiver has been issued. 2.A hearing before the administrative hearing officer shall be set for a date not less than 15 calendar days and not more than 60 calendar days from the date the request for hearing is filed and the city receives a deposit of the full amount of administrative penalties or an advanced deposit hardship waiver is issued. 3.An appeal or request for an administrative hearing upon receipt of a notice of violation for a public nuisance, a notice and order for civil penalties, a decision of the city manager or designee on a stop work order or stop use order appeal, or a notice of hearing, and any accompanying administrative citation(s) may be consolidated and heard on the same date. 4. Notice of the administrative hearing shall be served on the responsible party(ies) by the city in the manner prescribed by Section 1.10.040 of this chapter. 5.The failure of any person with an interest in the property, or other responsible party, to receive a properly addressed notice of hearing, served pursuant to Section 1.10.040 of this chapter, shall not affect the validity of any proceedings under this chapter. 6.The failure of any recipient of a notice of violation for public nuisance, notice and order for civil penalties, stop work order or stop use order, an administrative citation, or a notice of hearing to appear at any scheduled hearing shall result in an adjudication of the notice, order, or administrative citation, a forfeiture of any penalties, late fees, and other costs, and a failure by the recipient to exhaust administrative remedies. 7.At the hearing, the party contesting the notice, order, or administrative citation shall have an opportunityto testify and to present evidence concerning the notice, order, or administrative citation. Formal rules of evidence shall not apply during an administrative hearing. 8.Any city-issued notices, administrative citations, and additional report(s) submitted by an enforcementofficer shall constitute prima facie evidence of the respective facts contained in those documents. 9.The administrative hearing officer may continue the hearing and request additional information from the enforcement officer, the recipient of the notice, order, or administrative citation, or the property owner prior to issuing an administrative enforcement order. 10.Failure of a person to file an appeal in accordance with the provisions of this section shall constitute a waiver of the person's rights to an administrative determination of the merits of the notice, order, or administrative citation and the amount of the any administrative penalties or late fees. If no appeal is filed, the citation shall be deemed a final administrative order. B.Administrative hearing officer's order. Sept. 27, 2022 Item #5 Page 24 of 92 1.After considering all relevant testimony and evidence submitted at the hearing, the administrativehearing officer shall issue a written administrative enforcement order that upholds, modifies, or dismisses the notice, stop work order or stop use order, or administrative citation. The administrative enforcement order shall list the reasons for the decision and shall be supported by substantial evidence in the record. The administrative enforcement order shall provide the timeframe for any future compliance dates or payment due dates and otherwise comply with the requirements of any administrative orders promulgated by the city manager. 2.As part of the administrative enforcement order, the administrative hearing officer may: a.Reduce, waive, or modify the administrative penalties or late fees assessed by the citation, in an amount consistent with the provisions of this chapter and Chapter 1.08. The total administrative penalty shall not exceed $100,000 exclusive of administrative costs. b.Impose, sustain, or modify civil penalties, consistent with the procedures in Section 1.10.060 of this chapter. The total civil penalty shall not exceed $400,000 exclusive of administrative costs. c.Impose conditions and deadlines to correct the violations or require payment of any outstanding penalties or late fees. d.Assess reasonable administrative costs incurred by the city as defined in Section 1.10.010 of this chapter. 3.In determining the amount of an administrative penalty, civil penalty, late fee, or administrative costs, or in determining conditions and deadlines to correct violations or make payments, the administrative hearing officer shall consider all relevant evidence and the following factors: a.The duration of the violation. b.The frequency or recurrence of the violation. c.The nature and seriousness of the violation. d.The history of the violation. e.Whether the offense impacted environmentally sensitive lands, a historical resource, or a designated historical resource as defined throughout this code. f.The willfulness of the responsible party's misconduct. g.The responsible party's conduct after issuance of the notice, citation, or stop work order or stopuse order. h.The good faith effort by the responsible party to comply. i.The economic impact of the penalty on the responsible party. j.The impact of the violation upon the community. k.Any other factors that justice may require. 4.The employment, performance evaluation, compensation, and benefits of the administrative hearing officer shall not be directly or indirectly conditioned upon the amount of the administrative citationpenalties, civil penalties, late fees, or administrative costs upheld by the administrative hearing officer. 5.If the administrative hearing officer determines that the notice, stop work order or stop use order, and/oradministrative citation should be upheld, then any administrative penalty amount(s) on deposit with thecity shall be retained by the city. 6.If the administrative hearing officer determines the notice, stop work order or stop use order, and/or administrative citation should be upheld, and the civil penalties have not been paid and/or the administrative penalties have not been deposited pursuant to an advance deposit hardship waiver, the administrative hearing officer shall set forth in the administrative enforcement order a payment schedule for the administrative penalties, civil penalties, and any costs imposed. 7.If the administrative hearing officer determines the notice, stop work order or stop use order, and/or administrative citation should be dismissed and civil penalties were paid or administrative penaltieswere deposited with the city, then the city shall promptly refund the amount of the paid or deposited Sept. 27, 2022 Item #5 Page 25 of 92 penalties together with interest at the average rate earned on the city's investment portfolio for the period of time the penalties were held by the city. 8.The administrative hearing officer shall serve their administrative enforcement order on all parties to the hearing within 14 calendar days of the last hearing date by regular U.S. mail or any other method reasonably likely to reach the recipient, including, but not limited to, electronic mail or facsimile. 9.The administrative enforcement order constitutes a final decision, effective on the date of mailing. The administrative enforcement order must contain the following statement: "The administrative enforcement order of the hearing officer is final and binding. Judicial review of this administrativeenforcement order is subject to the provisions and time limits set forth in California Government Code Section 53069.4." 10.If the administrative enforcement order finds in favor of the city, the city clerk's office shall cause a copyof the administrative enforcement order to be recorded against the affected property with the county recorder's office. 11.If the code enforcement manager determines that compliance has been achieved after the recording of an administrative enforcement order, the code enforcement manager shall direct the assigned enforcement officer to issue and record a certificate of compliance against the affected property. C.Failure to comply with administrative enforcement order. 1.Upon issuance of an administrative enforcement order, the enforcement officer shall monitor theviolations and determine compliance. 2.It is unlawful for a party to an administrative hearing, who has been served with a copy of the administrative enforcement order pursuant to this chapter, to fail to comply with the order. The city may treat such failure as a violation of this code and use all available legal or equitable remedies to recover any penalties, costs, fees, and obtain compliance with the administrative enforcement order. 0.Right to judicial review. The recipient of the notice of violation or administrative citation may obtain judicial review of a final administrative decision by filing an appeal under California Government Code Section 53069.4, subdivision (b). If no appeal of the final administrative decision is filed within the time period set forth in California Government Code Section 53069.4, the final administrative decision shall be deemed confirmed. 1.10.140 Additional rules and procedures for administrative hearing officers and administrative hearings. A.The city manager shall establish rules and procedures pursuant to Section 1.10.020(0) of this chapter as are necessary to identify a pool of qualified persons capable of acting as administrative hearing officers. 8.Administrative hearing officers presiding at administrative hearings shall be appointed and compensated by the city. The city manager shall develop policies and procedures relating to the employment and compensation of administrative hearing officers. C.Any person designated to serve as an administrative hearing officer is subject to disqualification for bias,prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law. Rules and procedures for the disqualification of an administrative hearing officer shall be established by the city manager under Section 1.10.020(0) of this chapter. Sept. 27, 2022 Item #5 Page 26 of 92 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk Services Manager shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 27th day of September, 2022, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ _, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CINDIE K. McMAHON, City Attorney MATT HALL, Mayor FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Sept. 27, 2022 Item #5 Page 27 of 92 Chapter 1.08 PENALTIES Sections: 1.08.010 Violations—Ppenalties. 1.08.020 Authority of city employee to arrest. 1.08.030 Authority of police rangers to arrest. 1.08.010 Violations—Ppenalties. A.General 1.Except as otherwise provided in this code, a violation of any provision of this code, or a violation of any permit or license issued under this code, may be charged as an infraction. B2. A violation of any provision in Titles 8 or 11 of this code, or any other provision specifically stating a violation is a misdemeanor, may be charged as an infraction or a misdemeanor at the discretion of the city attorney. C3. Nothing contained in this code abrogates the city attorney’s discretion to reduce any act chargeable as a misdemeanor under this chapter to an infraction if the city attorney determines the reduction serves the interest of justice. D4. Aiding and Aabetting. Whenever a provision of this code prohibits any act or omission, the provision also prohibits the causing, permitting, aiding, abetting, suffering, maintaining, or concealing of the act or omission. Any person who causes, permits, aids, abets, suffers, maintains, or conceals the act or omission is guilty of a violation of this code and subject to the punishment prescribed for the act or omission. 5. Separate Violations. Each day during any portion of which a violation of this code is committed, continued, or permitted is a separate offense. 6. A conviction or payment of a fine or penalty for any violation of this code does not excuse or exempt compliance with all provisions of this code, including payment of any tax, fee, or other charge required by this code. 7. Nothing contained in this chapter shall preclude the city from enforcing the provisions of this code through any other legal or equitable remedies, including the administrative remedies contained in Chapter 1.10 and/or the public nuisance abatement procedures in Chapter 6.16 of this code. B.E. Criminal Ppenalties. 1. Misdemeanor. Except as otherwise provided in this code, a violation of this code determined to be a misdemeanor is punishable by a fine not exceeding $1,000.00, imprisonment in county jail for a term not exceeding six months, or both. 2.Infraction. a.Except for a violation of a local building or safety code, aA violation of this code determined to be an infraction is punishable by a fine as provided for in California Government Code Section 36900, subdivision (b). b.A Notwithstanding any other law, a violation of a local building or safety code determined to be an infraction is punishable by a fine as provided for in California Government Code Section 36900, subdivision (c). c. Notwithstanding any other law, a violation of Chapter 5.60 Short Term Vacation Rentals of this code that poses a threat to public health or safety is punishable by a fine as provided for in California Government Code Section 36900, subdivision (d). These enhanced fines apply to “short-term rentals” and “residential dwellings,” as defined in California Government Code Section 36900, subdivision (d)(2) and (d)(3). Exhibit 2 Sept. 27, 2022 Item #5 Page 28 of 92 cd. A person fined for an infraction under California Government Code Section 36900, subdivisions (b)(2), (b)(3), (c)(2), or (c)(3), who meets the requirements of California Government Code Section 36900, subdivision (de), may request a hardship waiver under that subdivision to reduce the amount of the fine. 3. In addition to a monetary fine set forth in this subsection B, both conditional sentencing and probation are authorized as sentencing options in accordance with California Penal Code Section 1203, subdivision (a). FC. Civil Ppenalties. Any provision of this code may be enforced by a civil suit brought by the city, a civil injunction issued by the Superior Court, or any other civil legal or equitable remedy. As part of a civil action, the court may assess a civil penalty for each day the violator commits, continues, allows or maintains the violation. Civil penalties may also be issued administratively pursuant to Section 1.10.060 of this code. an injunction issued by the Superior Court upon a civil suit brought by the city. As part of the civil action, the court may assess a maximum civil penalty under California Government Code Section 36901 of $1,000.00 per violation for each day the violator commits, continues, allows or maintains the violation. G. Separate Violations. Each and every day during any portion of which a violation of this code is committed, continued, or permitted is a separate offense. H. A conviction or payment of a fine or penalty for any violation of this code does not excuse or exempt compliance with all provisions of this code, including payment of any tax, fee, or other charge required by this code. I. Nothing contained in this section shall preclude the city from enforcing the provisions of this code through other available methods including an administrative citation under Chapter 1.10 and/or abatement of a public nuisance under Chapter 6.16 of this code. 1.08.020 Authority of city employee to arrest. A. The city manager or a deputized city employee is authorized under California Penal Code Section 836.5 to arrest a person without a warrant whenever the employee has reasonable cause to believe the person to be arrested committed a misdemeanor offense in the employee’s presence that is a violation of this code or any uncodified city building or zoning ordinance. B. The city manager may deputize a city employee to exercise the power of arrest described in subsection A of this section if the employee has completed an introductory course of training prescribed by the Commission on Peace Officer Standards and Training pursuant to California Penal Code Section 832. Nothing in this section authorizes a deputized employee to carry a firearm. 1.08.030 Authority of police rangers to arrest. A. The city manager or a deputized police ranger is authorized under California Penal Code Section 836.5 to arrest a person without a warrant whenever the police ranger has reasonable cause to believe the person to be arrested committed a misdemeanor or infraction in the employee’s presence that is a violation of any provision of this code or the animal control provisions of the San Diego County Code as adopted by reference in Section 7.08.010(B) of this code. B. The city manager may deputize a police ranger to exercise the power of arrest described in subsection A of this section if the police ranger has satisfactorily completed an introductory course of training prescribed by the Commission on Peace Officer Standards and Training pursuant to California Penal Code Section 832. Nothing in this section authorizes a deputized police ranger to carry a firearm. Sept. 27, 2022 Item #5 Page 29 of 92 Chapter 1.10 ADMINISTRATIVE CODE ENFORCEMENT REMEDIES Sections: Article I. General 1.10.005 Purpose and intent. 1.10.010 Definitions. 1.10.015 Remedies not exclusive. 1.10.020 General enforcement authority. 1.10.025 Procedural compliance. 1.10.030 Notice of violation. 1.10.040 Service of notices, orders, and citations. 1.10.050 Notice of pending administrative enforcement action. 1.10.055 Administrative costs. 1.10.060 Remedies not exclusiveCivil penalties. Article II. Administrative Citations and Appeals 1.10.070 Administrative citations. 1.10.080 Administrative citation procedures. 1.10.090 Contents of administrative citation. 1.10.100 Administrative penalties assessed. 1.10.110 Failure to pay administrative penalties; late fees and costs. 1.10.115 Transfer of ownership. 1.10.120 Appeal of notice, order, or administrative citation. Article III. Administrative Hearings 1.10.130 Administrative hearing procedures. 1.10.140 Additional rules and procedures for administrative hearing officers and administrative hearings. Article I. General 1.10.005 Purpose and intent. The enforcement of this code and applicable state codes throughout the city is an important public service and is vital to the protection of the public’s health, safety, and quality of life. There is a need for alternative methods of code enforcement, and a comprehensive code enforcement system uses a combination of judicial and administrative remedies to gain compliance with code regulations. There is a need to draft precise regulations that can be effectively applied in judicial and administrative proceedings, and there is a need to establish uniform procedures for administrative enforcement hearings. 1.10.010 Definitions. The following definitions apply in interpreting and enforcing this chapter: “Administrative code enforcement remedies” include administrative abatement, summary abatement, civil penalties, notices of violation, administrative citations, recordation of notices of violation and certificates of noncompliance, and the withholding or revocation of permits as authorized by this code. “Administrative costs” means the actual costs incurred by the city from first discovery of a violation through the appeal process and until compliance is achieved, including staff time inspecting property, documenting violations, sending notices, and interviewing and responding to witnesses/complaining parties; laboratory, photographic, printing and other expenses incurred to document or establish the existence of a violation; scheduling and processing of any administrative hearing and related actions; and time and resources necessary to prepare for and participate in any appeal hearing. The amount Exhibit 3 Sept. 27, 2022 Item #5 Page 30 of 92 of administrative costs shall not exceed the actual cost incurred in performing inspections and enforcement activity, including permit fees, fines, late charges, and interest. “Administrative enforcement order” means an administrative hearing officer’s written decision and order. “Administrative hearing officer” means any neutral third partyperson appointed contracted by the city manager or designee to preside over administrative hearings. “Administrative penalty” means a monetary fine imposed by the city for acts or omissions determined to violate this code. “Director” means the director of any city department, including, but not limited to, the director of community development, the director of public works, the director of finance, and the director of environmental management. “Enforcement officer” means any city employee or agent of the city with the authority to enforce any provision of this code. “Notice” means a notice of violation, a notice and order for civil penalties, a notice of ineligibility for land development, a notice of hearing, and any notice and order that may be issued by the city pursuant to this code or any state code. “Person” means a natural person, firm, association, business, trust, organization, corporation, partnership, company, or other entity, which is recognized by law as the subject of rights or duties. “Responsible party” means a person in charge of a premises or location, or a person responsible for an event or incident, and includes any of the following: 1. A person who owns a property where a violation exists.; 2. A person in charge of or exercising control over a premises where a violation exists;. 3. A person renting, leasing, or using a premises where a violation exists;. 4. If a person is a minor under the age of 18, the parents or guardians of the minor shall be the responsible party;. 5. If a person is a business entity, the manager or on-site supervisor where a violation exists shall be a responsible party. 1.10.015 Remedies not exclusive. The procedures established in this chapter shall be in addition to criminal, civil, or other legal and equitable remedies established by law which may be pursued to address violations of this code or applicable state codes, including cease and desist orders for violations that pose a threat to health, safety, welfare, or the environment. The use of this chapter shall be at the sole discretion of the city. 1.10.020 General enforcement authority. A. For the purposes of this chapterUnless otherwise specified in this code, the city manager or designee or designated enforcement officer shall have the power to issue notices of violation and field citations, inspect public and private property, and use the judicial and administrative remedies available under this code and state law to enforce any violation of any provision of this code, any permit or license approved pursuant to any provision of this code, any condition of approval of a permit or entitlement granted pursuant to any provision of this code, any required environmental mitigation measure, any term or condition of any city agreement pursuant to a police power, or any order issued by or on behalf of the city or by an administrative hearing officer contracted with the city. B. The city manager or designee or designated enforcement officer shall have the power to issue the following notices, orders, and citations in accordance with the procedures set forth in Section 1.10.040 of this chapter, unless another procedure is specified in this section: 1. Notice of violation. A notice of violation may be issued to a responsible party pursuant to the procedures of Article I of this chapter. Sept. 27, 2022 Item #5 Page 31 of 92 2. Administrative citation. An administrative citation may be issued to a responsible party pursuant to the procedures of Article II of this chapter. 3. Compliance agreement and order. At the discretion of the code enforcement manager and in consultation with the city attorney, a compliance agreement and order may be executed with a property owner and any responsible party(ies) to ensure ongoing and long-term actions to remedy any violation of this code or other violation as stated in Section 1.10.020(A) of this chapter. The compliance agreement and order may contain a compliance schedule with milestones, penalty payment plans and due dates, action plans, compliance meetings, or other measures necessary to achieve and maintain compliance. 4. Notice of hearing. a. The city manager or designee may issue a notice of nuisance abatement hearing for violations of Chapter 6.16 of this code to a property owner and any additional responsible party pursuant to the procedures in Chapter 6.16 of this code. b. For all other violations of this code or other violations as stated in Section 1.10.020(A) of this chapter, a designated enforcement officer may issue a notice of hearing to a property owner and any additional responsible party if cure or abatement of the violation(s) is not achieved by the compliance date provided on the notice, administrative citation, or order, or within three business days of issuance if no date is provided. c. The following procedures shall apply when a notice of hearing is issued: i. The city shall file the notice of hearing with the city clerk’s office. ii. The hearing shall be scheduled, noticed, and administered in accordance with Article III of Chapter 1.10 of this code. iii. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 calendar days prior to the date of the hearing. iv. If the enforcement officer submits an additional written report concerning the violation to the administrative hearing officer at the hearing, then a copy of that report shall also be served on the person requesting the hearing at least five calendar days prior to the date of the hearing. v. Within 15 days of receipt of the notice of hearing, the property owner or responsible party shall pay an advance deposit of the full amount of any administrative penalties owed or file a request for an advance deposit hardship waiver pursuant to Section 1.10.120(F) of this chapter. A failure to comply with the requirements of this provision will not prohibit the city from proceeding with the hearing. 5. Stop work order and stop use order. a. Reason for issuance. Without advance written notice, a stop work order or stop use order may be issued to a property owner or responsible party to immediately cease any construction, installation, operation, or activity, or to immediately cease the use of a building, building component, structure, or mechanical device for any of the following reasons: i. There is reasonable cause to believe that the construction, installation, activity, existing condition, or method of operation creates an imminent danger to public safety or health as a result of a violation of this code or of other applicable law. ii. The activity is being performed or conducted by an individual who does not hold the appropriate license, certification, or registration as required by this code or by other applicable law. iii. The construction, installation, activity, or operation has not been approved or has not been issued the appropriate permit as required by this code or by other applicable law. Sept. 27, 2022 Item #5 Page 32 of 92 iv. Where a permit has been issued and no imminent danger circumstances defined in Section 1.10.020(B)(5)(a)(i) of this chapter exist, the city attorney’s office must review the stop work order or stop use order before issuance to ensure the work or use is unlawful. b. Issuance of order. i. Unless otherwise specified in this code, a stop work order or stop use order shall be issued only upon the review and approval of the director of community development or designee. This section is not intended to conflict with, override, or interfere with other sections of this code that provide the building official, city engineer, director of public works, city planner, or their designee with primary stop work order authority and enforcement responsibility. ii. A stop work order or stop use order shall be in writing and shall be served using the procedures in Section 1.10.040(A)(2) of this chapter, requiring posting and mailing. iii. The stop work order or stop use order shall include at least all of the following: (A) The date and location of the violation(s) and, if applicable, the approximate time the violation(s) were observed. (B) The code section(s) violated and describe how the section(s) were violated. (C) A description of the application and the extent of the order describing the object, component, or activity covered by the order. A stop work order or stop use order issued in relation to the construction of a building may not extend to other activities or portions of a building, structure, building component, or mechanical device that is not directly associated with the reason for the stop work order or stop use order. (D) A description of the action required to correct the violation(s) and a requirement that the corrective action take place immediately. (E) A reference that the stop work order or stop use order shall remain in effect until the enforcement officer or city manager or designee determines that the conditions of the order are fulfilled, or until the order is rescinded or overturned by the city manager or designee. (F) The signature of the issuing enforcement officer and the director of community development or designee, or if issued pursuant to another chapter of this code, the signature of the issuing building official, city engineer, director of public works, city planner, or their designee. The city attorney’s office must also review any stop work order or stop work order issued pursuant to Section 1.10.020(B)(5)(a)(iv) of this chapter. (G) Instructions for submitting a request to appeal the stop work order or stop use order to the city manager or designee, consistent with Section 1.10.020(B)(5)(c) of this chapter. (H) A reference to the potential consequences should the property owner or responsible party refuse to immediately comply with the conditions of the stop work order or stop use order, including criminal prosecution; civil injunction; administrative abatement; additional administrative citations; an administrative hearing requested by the city to resolve the violations; suspension, revocation, or stay of issuance of municipal permits or other city authorizations; recordation of notices of violation, certificates of noncompliance, or notices of ineligibility for land development; bonding requirements; and referral to other enforcement authorities. iv. The city may post a sign or notice to the public regarding the issuance of a stop work order or stop use order. The sign or notice shall be posted in a conspicuous location Sept. 27, 2022 Item #5 Page 33 of 92 and shall remain where posted until the enforcement officer or city manager determines that the conditions of the order are fulfilled, or until the order is rescinded or overturned by the city manager. v. The property owner or responsible party must furnish to the city any additional information, investigations and reports necessary to resolve the stop work order or stop use order conditions. The property owner or responsible party must pay for all expenses associated with furnishing these items, as well as any additional staff time to resolve the stop work order or stop use order conditions. vi. Any person who continues or allows prohibited work or a prohibited use after a stop work order or stop use order has been issued by the city, or who removes a stop work order or stop use order posted by the city, is in violation of the stop work order or stop use order. This offense will be treated as a violation of this code and may be prosecuted as an infraction or misdemeanor at the discretion of the city attorney. The city may use any other available legal or equitable remedy to recover any penalties, costs, fees, and obtain compliance with the stop work order or stop use order, as provided in this code or other applicable law. c. Appeal of stop work order or stop use order to the city manager or designee. i. The recipient of a stop work order or stop use order or any person who is adversely affected by the order may request to appeal the order to the city manager or designee within 30 calendar days of posting of the order. ii. A request to appeal a stop work order or stop use order shall be in writing and shall include a statement of the specific reasons why the person believes that the issuance of the order is incorrect or inappropriate. Request to appeal forms may be obtained from the city’s website, the code enforcement division, or the department or division specified on the stop work order or stop use order. iii. The request to appeal shall be filed with the department or division specified on the stop work order or stop use order. iv. Hearing on appeal and decision of city manager or designee. (A) The city manager or designee shall set a date, time, and location for the appeal hearing on a date no later than 10 business days after the request to appeal has been filed, unless the parties stipulate to a later date. (B) At the hearing, the party contesting the stop work order or stop use order shall have an opportunity to testify and to present evidence concerning the stop work order or stop use order. Formal rules of evidence shall not apply during the hearing. (C) Any city-issued notices, administrative citations, and additional report(s) submitted by an enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. (D) The city manager or designee may continue the hearing and request additional information from the enforcement officer, the recipient of the stop work order or stop use order, or the property owner prior to issuing a written decision. (E) The failure of any person requesting to appeal a stop work order or stop use order to appear at any scheduled appeal hearing shall result in the dismissal of the appeal and a failure to exhaust administrative remedies. (F) The failure of any person to file a request for appeal in accordance with the provisions of this section shall constitute a waiver of the person’s rights to an administrative determination of the merits of the stop work order or stop use order. If no request for appeal is filed, the stop work order or stop use order shall be deemed a final order. Sept. 27, 2022 Item #5 Page 34 of 92 (G) The city manager or designee shall issue a written decision within five business days following an appeal hearing of a stop work order or stop use order. The written decision shall include information about appeal rights and procedures if the decision adversely affects the person requesting the appeal. d. Administrative review hearing. i. A person adversely affected by the decision of the city manager or designee under Section 1.10.020(B)(5)(c) of this chapter concerning a stop work order or stop use order may file an appeal of the decision to be reviewed by an administrative hearing officer, in accordance with the procedures of Section 1.10.120 of this chapter and Article III of Chapter 1.10 of this code. ii. A request for a hearing to review the decision of the city manager or designee regarding a stop work order or stop use order shall include a statement of the specific reasons why the person believes the decision is incorrect or inappropriate. iii. A request for a hearing to review the decision of the city manager or designee regarding a stop work order or stop use order shall be denied if the request is received more than 30 calendar days after issuance of the decision. iv. An administrative hearing to review the decision of the city manager or designee regarding a stop work order or stop use order shall be governed by the provisions of Section 1.10.120 and Article III of Chapter 1.10 of this code. 7. Notice of intent to determine ineligibility for land development. a. Any person who fails to perform construction, grading, building, or other work in accordance with a city-issued permit or who performs construction, grading, building, or other work in violation of applicable provisions of this code, a city-issued permit or order, conditions of approval, or other regulatory requirements, along with the property owner, may be served a notice of intent to determine ineligibility for land development, which prohibits the continuation of development or construction activities on the property where the violation occurred. b. The notice of intent required by this section must: i. Be served on the responsible party and property owner personally, or posted on the property and mailed by certified mail and first-class mail to the address shown on the most recent tax assessment roll; ii. State the city’s intent to record a notice of ineligibility for land development against the property; iii. Fix a location, time, and date, not less than 15 calendar days after delivery of the notice, at which an administrative hearing will occur; and iv. Explain that during the hearing the responsible party and property owner may submit written or oral comments or reasons why a notice of ineligibility should not be recorded. c. The ineligibility hearing must: i. Be held at the appointed time, or at a time agreed to by all parties; ii. Provide the responsible party and property owner an opportunity to present written or oral comments or reasons why a notice of ineligibility should not be recorded against the property; iii. Result in a determination of whether a violation occurred, whether it has been remedied, and whether to record a notice of ineligibility for land development; and iv. Comply with the hearing requirements of Chapter 1.10 of this code to the extent those requirements do not conflict with the requirements of this section. Sept. 27, 2022 Item #5 Page 35 of 92 d. A notice of ineligibility for land development that is recorded in accordance with this section remains in effect until the enforcement officer records a release of notice of ineligibility for land development. A release of notice of ineligibility for land development may be recorded when the responsible party implements all required plans and best management practices (if applicable) and remedies all noncompliant site conditions as described in the notice of ineligibility for land development. During the effective dates of any notice of ineligibility recorded in accordance with this section, no application for a building permit, administrative permit, site plan, use permit, variance, tentative parcel map, tentative map, parcel map, final map, or any other permit for the development of the property on which the violation occurred will be approved. e. This remedy is not intended to conflict with any other notices that may be recorded against a property for violations of this code. 8. Bonding requirement. A responsible party may be required to post a bond or other security instrument to assure the correction of a violation of any provision of this code or other violation as stated in Section 1.10.020(A) of this chapter. 9. Referral to other enforcement authorities. Where required or appropriate, violations of this code or other violations as stated in Section 1.10.020(A) of this chapter may be referred to agencies having authority over the action constituting a violation. C. Each type of notice, order, or citation authorized by this code may be issued alone, or it may be combined with any other type of notice, order, or citation. BD. The city manager may establish rules and procedures necessary to implement the provisions of this chapter, subject to approval by the city council. . E, This section is not intended to replace or override any enforcement powers that are provided to other designated city employees in this code or in any other applicable law. 1.10.025 Procedural compliance. Failure to comply with any procedural requirement of this chapter, to receive any notice, decision, or order specified in this chapter, or to receive any copy required to be provided by this chapter does not affect the validity of proceedings conducted under this chapter unless the responsible person is denied constitutional due process by the failure. 1.10.030 Notice of violation. Whenever an enforcement officer determines a violation of this code exists, the enforcement officer may issue a notice of violation to any responsible party.An enforcement officer may issue a notice of violation to a responsible party in response to any violation of any provision of this code, any permit or license approved pursuant to any provision of this code, any required environmental mitigation measure, any term or condition of any city agreement pursuant to a police power, or any order issued by or on behalf of the city or by an administrative hearing officer contracted with the city. The notice of violation shall include the following information: A. The name of the record owner of the property. B. Street address. C. The code section(s), provision(s), condition(s), or term(s) violated. D. A description of how the property’s condition violates the applicable code section(s), provision(s), condition(s), or term(s). E. A description of necessary corrections to bring the property into compliance. F. A reasonable deadline or specific date to correct the violations listed in the notice of violation. Sept. 27, 2022 Item #5 Page 36 of 92 G. If the notice of violation is issued for a public nuisance under Chapter 6.16 of this code, an advisement that the responsible party has 10 calendar days from the date of mailingservice of the notice of violation to file an appeal, or 10 calendar days from the date of personal service of the notice of violation if served using this method. H. A reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline, including criminal prosecution; civil injunction; administrative abatement; administrative citations; an administrative hearing requested by the city to resolve the violations; suspension, revocation, or stay of issuance of municipal permits or other city authorizations; recordation of notices of violation, certificates of noncompliance, or notices of ineligibility for land development; bonding requirements; and referral to other enforcement authorities.revocation and withholding of permits, recordation of the notice of violation, and recordation of certificates of noncompliance. 1.10.040 Service of notices, orders, and citations. A. Except for an initial notice of violation, whenever a notice, order, or administrative citation is required to be given under this code for enforcement purposes, the notice, order, or administrative citation shall be served on a responsible party by any of the following methods unless different provisions are otherwise specifically stated to apply: 1. Personal service. 2. Posting the notice, order, or administrative citation conspicuously on or in front of the property that is the subject of the violation and subsequently mailing a copy to a responsible party in the manner described in subsection (A)(3) of this section. The form of the posted notice, order, or administrative citation shall be approved by the city attorney or designee. 3. Certified mail, postage prepaid, return receipt requested to the property address and any other mailing address(es) on file with the county tax collector and the county assessor. The city may, but is not required to, provide this form of notice to any other known address for a responsible party. a. Simultaneous to service by certified mail, the same notice, order, or administrative citation may also be sent by regular mail to the property address(es) on file with the county tax collector and the county assessor. b. If a notice, order, or administrative citation sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to any regular mailing. However, if the notices, order, or administrative citations sent by both regular mail and certified mail are returned, the notices, order, or administrative citations must be served pursuant to subsection (A)(1) or (A)(2) of this section. c. Service by certified or regular mail in the manner described in this subsection is effective on the date of mailing. B. The failure of a responsible party to receive any notice, order, or administrative citation served in accordance with this chapter shall not affect the validity of any proceedings taken under this code. C. The notice requirements in this section do not apply to initial notices of violation, which may be sent by regular mail to the property address(es) on file with the county tax collector and the county assessor. Service of a notice of violation by regular mail is effective on the date of mailing. D. If a responsible party is not an individual, the enforcement officer shall attempt to identify the property owner and issue the property owner the notice, order, or administrative citation. If the enforcement officer can only identify the manager or onsite supervisor of the property, the notice, order, or administrative citation may be issued in the name of the property owner and served upon the manager or onsite supervisor in the manner provided in this chapter. A copy of the notice, order, or administrative citation shall also be mailed to the property owner in the manner prescribed by this section. Sept. 27, 2022 Item #5 Page 37 of 92 E. If the property that is the subject of a violation is owned by a corporation, notices and administrative citations may be served by certified mail to the registered agent for the corporation. 1.10.050 Notice of pending administrative enforcement action. A. For purposes of this chapter the enforcement officer may have a notice recorded with the county recorder’s office against a property that is the subject of a pending administrative enforcement action with the city. B. The notice of the pending administrative enforcement action shall be on a form approved by the city attorney or designee and shall describe the nature of the administrative enforcement action, the owner’s assessor’s parcel number, the parcel’s legal description, a copy of the latest notice of violation, and reference the governing code section(s). C. Notification letter. 1. Prior to recording the notice of pending administrative enforcement action, the enforcement officer shall serve a notification letter on the responsible party and property owner stating that the notice of pending administrative enforcement action will be recorded unless a request for hearing form is filed pursuant to the procedures outlined in Section 1.10.120 of this chapter, except that the time to file the request for hearing form is 10 calendar days from the date of mailing of the notification letter. 2. The notification letter shall be served on the responsible party and property owner pursuant to any of the methods of service set forth in Section 1.10.040 of this chapter. The enforcement officer may also send a courtesy copy of the letter to any other party with an interest in the property. 3. If a request for hearing form is not received by the city within 10 calendar days of the date of mailing of the notification letter, the enforcement officer may record the notice of pending administrative enforcement action if the code violations remain. The failure of any person to file a request for hearing form in accordance with these provisions shall constitute a waiver of the right to an administrative hearing and shall not affect the validity of the recorded notice of pending administrative enforcement action. D. Hearing prior to recordation of notice of pending administrative enforcement action. 1. Any hearing conducted upon receipt of a request for hearing form shall follow the procedures set forth in Section 1.10.120 and Article III of this chapter. 2. The purpose of the hearing is for the responsible party or property owner to state any reasons why a notice of pending administrative enforcement action should not be recorded. The administrative enforcement officer shall only consider evidence that is relevant to the following issues: a. Whether the conditions listed in the notice of pending administrative enforcement action violate the Carlsbad Municipal Code or applicable state codes, or whether the conditions constitute any other violation as described in Section 1.10.020(A) of this chapter; and b. Whether the enforcement officer afforded the responsible party and property owner with due process by adhering to the notification procedures specified in this Section 1.10.050 of this chapter. 3. If the administrative hearing officer affirms the enforcement officer’s decision to record the notice of pending administrative enforcement action, the enforcement officer may record the notice. 4. If the administrative hearing officer determines that recordation is improper, the administrative hearing officer shall invalidate the enforcement officer’s decision to record the notice of pending administrative enforcement action. E. A copy of the recorded notice of pending administrative enforcement action shall be served on the property owner and responsible party pursuant to any of the methods of service set forth in Section 1.10.040 of this chapter. Sept. 27, 2022 Item #5 Page 38 of 92 F. Prohibition against issuance of multiple permits. The city may withhold permits for any alteration, repair, or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of the real property or the structure: 1) if a request for hearing prior to recordation of notice of pending administrative enforcement action has not been timely filed and the notice is subsequently recorded; or 2) after an administrative hearing officer affirms the enforcement officer’s decision to record a notice of pending administrative enforcement action and the notice is subsequently recorded. The city may withhold permits until a certificate of compliance or notice of release has been issued by the enforcement officer. The city may not withhold permits which are necessary to obtain a certificate of compliance or notice of release, or which are necessary to correct serious health and safety violations. G. Upon final resolution of the pending administrative enforcement action, including the correction of all violations and payment of all outstanding penalties, costs, and fees, the enforcement officer shall have a certificate of compliance or notice of release filed with the county recorder’s office releasing the property from the notice of pending administrative enforcement action. The certificate of compliance or notice of release shall be on a form approved by the city attorney or designee. 1.10.055 Administrative costs. A. In addition to the assessment of any administrative penalties, the enforcement officer is authorized to assess administrative costs against a responsible party, as provided for in California Government Code Section 54988. B. The city shall provide a responsible party and the property owner with written notice of assessment of administrative costs on a form approved by the city attorney or designee, which shall include: 1. The basis for the administrative costs.; 2. The code section(s) of the underlying administrative enforcement action;. 3. A statement that the property owner has 45 calendar days after such notice is issued to pay the administrative costs, after which time the property may be subject to a proposed lien.; 4. A statement that the property owner has an opportunity to appear before the planning commission and be heard regarding whether the proposed lien should become a lien and the lien amount.; C. The notice of assessment of administrative costs shall be mailed using the service by mail procedures in Section 1.10.040 of this chapter. D. If the property owner elects to appear before the planning commission and be heard regarding whether the proposed lien should become a lien and the lien amount, the planning commission shall conduct a hearing. Written notice of the hearing shall be provided to the property owner by mail at least 10 calendar days in advance of the hearing. After the hearing, the planning commission shall make a written recommendation to the city council. The recommendation shall include factual findings based on the evidence introduced at the hearing. E. The city council may adopt the planning commission’s recommendation or direct the matter be set for a new hearing before the city council. Written notice of the new hearing shall be provided to the property owner by mail at least 10 calendar days in advance of the hearing. F. If the city council determines that the proposed lien shall become a lien, the city council may have a notice of lien recorded with the county recorder. The lien shall attach upon recordation and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice of lien shall include the record owner or possessor of the property, the last known address of the record owner or possessor, the date upon which the lien was created against the property, and a description of the real property subject to the lien and the amount of the lien. G. The failure of any person with a financial interest in the property to actually receive the notice of the lien shall not affect the validity of the lien or any proceedings taken to collect the outstanding civil penalties. Sept. 27, 2022 Item #5 Page 39 of 92 GH. All administrative costs assessed are cumulative. If a responsible party fails to correct the violation(s), or has the same, similar, repeated, or continuing violation(s), subsequent administrative costs may be assessed. HI. Payment of administrative costs does not excuse the failure of a responsible party to correct the violations(s) and does not bar further enforcement action by the city. IJ. The correction of a violation does not excuse the failure of a responsible party to pay any outstanding administrative costs. 1.10.060 Civil penaltiesRemedies not exclusive. The procedures established in this chapter shall be in addition to criminal, civil or other legal and equitable remedies established by law which may be pursued to address violations of this code or applicable state codes, and the use of this chapter shall be at the sole discretion of the city. A. Declaration of purpose. The city council finds that there is a need for alternative methods of code enforcement. The administrative assessment of civil penalties along with an administrative hearing procedure is a necessary alternative method of code enforcement, in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of this code and applicable state codes. B. Authority. 1. Any person violating any provision of this code or applicable state code, any permit or license approved pursuant to any provision of this code, any condition of approval of a permit or entitlement granted pursuant to any provision of this code, any required environmental mitigation measure, any term or condition of any city agreement pursuant to a police power, or any order issued by or on behalf of the city or by an administrative hearing officer contracted with the city may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in Section 1.10.060 of this chapter. 2. Each day a violation as described in Section 1.10.060(B)(1) of this chapter exists constitutes a separate and distinct violation. 3. Civil penalties may be directly assessed by means of a notice and order issued by any director or imposed, affirmed, or modified by an administrative hearing officer. 4. Civil penalties shall be assessed at a daily rate determined by a director or administrative hearing officer pursuant to the criteria listed in Section 1.10.060(D)(3) of this chapter. The maximum rate shall be $2,500 per violation. The maximum amount of civil penalties shall not exceed $400,000 per parcel or structure for any related series of violations, exclusive of administrative costs. C. Procedures—notice and order. 1. Whenever a director determines that a violation as described in Section 1.10.060(B)(1) of this chapter has occurred or continues to exist, a written civil penalties notice and order may be issued to the responsible party. 2. The notice and order shall list all applicable sections violated and describe how each section is or has been violated. 3. The notice and order shall refer to the dates and locations of the violations. 4. The notice and order shall describe the remedial action required to permanently correct outstanding violations and establish time frames for completion. 5. The notice and order shall establish a daily amount of civil penalties. A director shall determine the daily amount of civil penalties pursuant to the criteria in Section 1.10.060(D)(3) of this chapter. 6. The notice and order shall identify a date when the civil penalties began to accrue and a date when the assessment of civil penalties ended, unless the violation is continuous. In the case of Sept. 27, 2022 Item #5 Page 40 of 92 a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the notice and order until the violations are corrected. 7. If a director determines that the violations are continuing, the notice and order shall demand that the responsible party cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate city department(s) or division(s). 8. The notice and order shall enumerate any other consequences should the responsible party fail to comply with the terms and deadlines as prescribed in the notice and order. 9. The notice and order shall explain the responsible party’s right to appeal in accordance with Section 1.10.120 of this chapter and shall follow the appeal procedures set forth in Section 1.10.120 and Article III of this chapter. Unless contested, the notice and order shall be final and be enforced pursuant to Section 1.10.060 of this chapter. 10. The notice and order shall be served upon the responsible party by any one of the methods of service provided in Section 1.10.040 of this chapter. 11. The notice and order shall identify the factors used by a director in determining the duration and the daily amount of civil penalties. 12. More than one notice and order may be issued against the same responsible party if it encompasses different dates or different violations. D. Determination of civil penalties 1. In determining the date when civil penalties start to accrue, a director or administrative hearing officer may consider the date when the department or division first discovered the violations as evidenced by the issuance of a notice of violation or any other written correspondence. 2. The assessment of civil penalties shall end when all action required by the notice and order has been completed. 3. In determining the amount of the civil penalty to be assessed at a daily rate, a director or administrative hearing officer may consider some or all of the following factors: a. The duration of the violation. b. The frequency or recurrence of the violation. c. The nature and seriousness of the violation. d. The history of the violation. e. Whether the offense impacted environmentally sensitive lands, a historical resource, or a designated historical resource as defined throughout this code. f. The willfulness of the responsible party’s misconduct. g. The responsible party’s conduct after issuance of the notice and order. h. The good faith effort by the responsible party to comply. i. The economic impact of the penalty on the responsible party. j. The impact of the violation on the community. k. Any other factors that justice may require. 4. The city manager may establish a penalty schedule for a director and administrative hearing officer to use as a guideline in determining the amount of civil penalties in appropriate cases. The city manager may also establish procedures for the use of this penalty schedule. E. Failure to comply with director’s notice and order. When the responsible party fails to comply with the terms of the notice and order, a director shall schedule a civil penalties hearing in accordance with the administrative hearing procedures contained in Article III of Chapter 1.10 of this code, to the extent those procedures do not conflict with the requirements of this section. Failure to comply includes failure to pay the assessed civil penalties, failure to commence and complete corrections by the Sept. 27, 2022 Item #5 Page 41 of 92 established deadlines, or failure to refrain from continuing violations as described in Section 1.10.060(B)(1) of this chapter. F. Civil penalties hearing 1. The procedures for a civil penalties hearing are the same as the hearing procedures set forth in Article III of Chapter 1.10 of this code. 2. The administrative hearing officer shall only consider evidence that is relevant to the following issues: a. Whether the responsible party has caused or maintained a violation as described in Section 1.10.060(B)(1) of this chapter which existed on the dates specified in the notice and order. b. If a notice and order was issued by a director, whether the amount of civil penalties assessed by the director pursuant to the procedures and criteria outlined in Section 1.10.060 of this chapter was reasonable. G. Administrative enforcement order 1. Once all evidence and testimony are completed, the administrative hearing officer shall issue an administrative enforcement order which affirms or rejects the director’s notice and order or which modifies the daily rate or duration of the civil penalties depending upon the review of the evidence. The administrative hearing officer may increase or decrease the total amount of civil penalties and costs that are assessed by the director’s notice and order. 2. The administrative hearing officer may issue an administrative enforcement order that requires the responsible party to cease and desist from committing the specified violations and to make specified corrections. 3. As part of the administrative enforcement order, the administrative hearing officer may establish specific deadlines for the payment of penalties and costs and condition the total or partial assessment of civil penalties on the responsible party’s ability to complete compliance by specified deadlines. 4. The administrative hearing officer may issue an administrative enforcement order that imposes additional civil penalties that will continue to be assessed until the responsible party complies with the administrative enforcement order and corrects the violation. 5. The administrative hearing officer may schedule subsequent review hearings as necessary or as requested by a party to the hearing to ensure compliance with the administrative enforcement order. H. Failure to comply with the administrative enforcement order. The failure of a responsible party to comply with the terms and deadlines set forth in the administrative enforcement order will trigger the enforcement provisions set forth in Section 1.10.130(C) of this chapter. If the civil penalties were initially imposed pursuant to a notice and order, the director shall monitor the violations and determine compliance. Article II. Administrative Citations and Appeals 1.10.070 Administrative citations. A. An enforcement officer may issue an administrative citation to any responsible party in response to any violation of any provision of this code, any permit or license approved pursuant to any provision of this code; any condition of approval of a permit or entitlement granted pursuant to any provision of this code, any required environmental mitigation measure, any term or condition of any city agreement pursuant to a police power, or any order issued by or on behalf of the city or by an administrative hearing officer contracted with the city. A person violating a provision of this code may be issued an administrative citation by an enforcement officer as provided for in this chapter. Sept. 27, 2022 Item #5 Page 42 of 92 B. A continuing violation of the violations specified in Section 1.10.070(A) of this chaptercode constitutes a separate and distinct violation each day the violation exists. C. Administrative penalties shall be assessed by means of an administrative citation issued by an enforcement officer and shall be payable directly to the city. D. Administrative penalties shall be collected in accordance with the procedures specified in this chapter. 1.10.080 Administrative citation procedures. A. Upon discovering a violation of this code, an enforcement officer may issue and serve an administrative citation to a responsible party in the manner prescribed in this chapter. The administrative citation shall be issued on a form approved by the city attorney or designee. B. A responsible party shall be provided a notice of violation prior to the issuance of an administrative citation, except in the event of certain violations related to the illegal cultivation of cannabis, as governed by California Government Code Section 53069.4(a)(2)(B). C. A second or subsequent notice of violation does not need to be issued to the same responsible party prior to the issuance of an administrative citation if a notice of violation for the same, similar, repeated, or continuing violation was previously issued. D. Failure to comply with any portion of a notice of violation may result in the issuance of an administrative citation. E. If an administrative citation is served by personal service, the enforcement officer shall attempt to obtain the signature of the responsible party to whom the administrative citation is being issued. If the responsible party refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and any subsequent proceedings. 1.10.090 Contents of administrative citation. An administrative citation shall: A. Document the date and location of the violation(s) and, if applicable, the approximate time the violation(s) were observed. B. Document the code section(s), provision(s), condition(s), or term(s) violated and describe how the section(s) were violatedwhat action or absence of action resulted in the violation. C. Describe the action required to correct the violation(s). D. Require the responsible party to correct the violation(s) by a reasonable compliance date to be provided by the enforcement officer and explain the consequences of failure to correct the violation(s). E. If a violation is continuing in nature, demand the responsible party cease and desist from further action causing the violation(s) and commence and complete all action to correct the outstanding violation(s). F. State the amount of the administrative penalty imposed for the violation(s). G. Explain how the administrative penalty shall be paid, the time period by which it shall be paid and the consequences of the failure to timely pay it. H. Indicate the responsible party has 30 calendar days from the date of issuance of the administrative citation to appeal the citation, including any administrative penalty imposed. I. Contain the signature of the issuing enforcement officer and the signature of the responsible party, if the responsible party was personally served and signed the administrative citation, as provided in this chapter. J. Contain a reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline, including criminal prosecution; civil injunction; administrative abatement; additional administrative citations; an administrative hearing requested by the city to resolve the violations; suspension, revocation, or stay of issuance of municipal and withholding of permits, or other city authorizations; recordation of notices of violation, and recordation of certificates Sept. 27, 2022 Item #5 Page 43 of 92 of noncompliance, or other notices of ineligibility for land development; bonding requirements; and referral to other enforcement authorities. 1.10.100 Administrative penalties assessed. A. The amount of administrative penalty assessed shall be as authorized in California Government Code Sections 36900, subdivisions (b)-(d), 36901, and 53069.4, subdivision (a)(1). B. All administrative penalties assessed are cumulative. If a responsible party fails to correct the violation(s), or has the same, similar, repeated, or continuing violation(s), subsequent administrative penalties may be issued. C. All administrative penalties assessed shall be payable to the city within 30 calendar days from the date of the administrative citation. D. All administrative penalties paid under this section shall be refunded if it is determined, after a hearing, the person charged in the administrative citation was not responsible for the violation(s) or there were no violation(s) as charged in the administrative citation. E. Payment of administrative penalties shall not excuse the failure of any responsible party to correct the violation(s) nor shall it bar further enforcement action by the city. F. The correction of a violation does not excuse the failure of a responsible party to pay any outstanding administrative penalties. 1.10.110 Failure to pay administrative penalties; and costslate fees. A. The failure of any person to pay an administrative penalty or late fee within the time specified on the administrative citation or other notice without the filing of an appeal as provided in this chapter will result in the assessment of an additional late fee. The amount of the late fee is 25% 100% of the total amount of the administrative penalty and will be assessed independent of whether the violation has been corrected. B. The failure of any person to pay an administrative penalty or late fee assessed within the time specified on the administrative citation or other notice constitutes a debt to the city. The city may file a civil action and/or pursue any other legal remedy to collect the debt. 1.10.115 Transfer of ownership. A. It is unlawful for the owner of any real property or structure who has an outstanding notice of violation, order, or administrative citation related to the real property or structure to sell, transfer, mortgage, lease, or otherwise dispose of the real property or structure to another until: (1) the corrective action has been completed and all administrative penalties, costs, and late fees have been paid; or (2) until the owner furnishes the grantee, transferee, mortgagee, or lessee a true copy of any notice, order, or administrative citation and furnishes an enforcement officer a signed and notarized statement from the grantee, transferee, mortgagee, or lessee acknowledging the receipt of the notice, order, or administrative citation and either: (a) fully accepting the responsibility without condition for making the corrections or repairs required by the notice, order, or administrative citation; or (b) stating the grantee, transferee, mortgagee, or lessee intends to timely challenge the notice, order, or administrative citation. The transfer of ownership in violation of this section shall not abrogate the transfer. B. Any property owner and any responsible party shall be jointly and severally liable for any financial obligations as a result of any city actions and proceedings involving the property, even if the property is subsequently transferred, exchanged, sold, inherited, or gifted, to ensure the continuity of the city’s business and administration of its laws. These financial obligations may include administrative penalties, late fees, and administrative costs as defined in this chapter; civil fines and penalties; and criminal fines and penalties. The city may use any legal means to enforce the collection of these financial obligations, including referral to collections agencies and the Franchise Tax Board. Sept. 27, 2022 Item #5 Page 44 of 92 C. If the property is exchanged, sold, inherited, or gifted, the obligation to correct any such violations against the property shall then be the responsibility of the purchaser, transferee, or lessee of interest, who shall be bound by the obligation to correct without further notice. 1.10.120 Appeal of notice, order, or administrative citation. A. A recipient of an administrative citation or an unfavorable decision of the city manager or designee related to a stop work order or stop use order may contest the citation or decision on a stop work order or a stop use order by completing all required request for hearing forms and returning them to the code enforcement department division or other department or division specified on the administrative citation or decision on a stop work order or a stop use order within 30 calendar days from the date the administrative citation or decision was issued, together with an advance deposit of the full amount of administrative penalties or notice that a request for an advance deposit hardship waiver has been filed pursuant to subsection FE of this section. If the deadline to appeal falls on a weekend or city holiday, then the deadline is extended to the next regular business day. B. A recipient of a notice of violation for a public nuisance under Chapter 6.16 of this code or a notice and order for civil penalties has 10 calendar days from the date of mailingservice of the notice, or 10 calendar days from the date of personal service of the notice if served using this method, of violation to submit a request for hearing form to the code enforcement division or other department or division specified on the notice to file an appeal in the same manner. If the deadline to appeal falls on a weekend or city holiday, then the deadline is extended to the next regular business day. A notice of violation for any other offense decides a public nuisance under Chapter 6.16 of this code is not appealable until an administrative citation has been issued for that offense. BC. Request for hearing forms may be obtained from the city’s website, the code enforcement departmentdivision, or the department or division specified on the notice, or administrative citation, or decision on a stop work order or a stop use order. CD. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 calendar days prior to the date of the hearing. DE. If the enforcement officer submits an additional written report concerning the notice, of violation or administrative citation, or decision on a stop work order or a stop use order to the administrative hearing officer at the hearing, then a copy of that report shall also be served on the person requesting the hearing at least five calendar days prior to the date of the hearing. FE. Advance Ddeposit Hhardship Wwaiver for appeal of administrative citations. 1. A responsible party who intends to request a hearing to contest an administrative citation, and who is financially unable to make the advance deposit of the full amount of any administrative penalty, may file a request for an advance deposit hardship waiver, to be considered by the finance department designee. 2. The advance deposit hardship waiver request shall be filed with the code enforcement department division or other department or division specified on the administrative citation within 10 calendar days of the date the administrative citation was served. The waiver request shall be filed using the advance deposit hardship waiver application form, which shall be available on the city’s website or from the code enforcement departmentdivision. 3. The requirement of depositing the full amount of the administrative penalties shall be stayed unless or until the finance department designee makes a determination not to issue the advance deposit hardship waiver. 4. The finance department designee may issue an advance deposit hardship waiver up to the full amount of any administrative penalty only if the responsible party submits to the finance department designee a sworn declaration, together with relevant supporting documents or materials, demonstrating to the satisfaction of the finance department designee: a. The responsible party has made a bona fide effort to comply with the code violated, and Sept. 27, 2022 Item #5 Page 45 of 92 b. Depositing the full amount of the required payment in advance of the hearing would result in an undue financial burden. 5. If the finance department designee determines not to issue an advance deposit hardship waiver, the responsible party shall remit the full amount of the administrative penalty to the code enforcement department division or other department or division specified on the administrative citation within 10 calendar days of the date of the finance department designee’s determination. 6. The finance department designee shall issue a written determination listing the reasons for the determination to issue or not to issue the advance deposit hardship waiver. The written determination of the finance department shall be final and non-appealable. 7. The written determination of the finance department designee shall be served upon the person who applied for the advance deposit hardship waiver by regular U.S. mail or any other method reasonably likely to reach the applicant, including electronic mail and facsimile. Article III. Administrative Hearings 1.10.130 Administrative hearing procedures. Administrative hearings shall be conducted in accordance with this chapter and any administrative orders promulgated by the city manager. A. Administrative Hhearing Pprocedures. 1. No hearing to contest an administrative citation before an administrative hearing officer shall be scheduled unless the full amount of administrative penalties has been deposited in advance or an advance deposit hardship waiver has been issued. 2. A hearing before the administrative hearing officer shall be set for a date not less than 15 calendar days and not more than 60 calendar days from the date the request for hearing is filed and the city receives a deposit of the full amount of administrative penalties or an advanced deposit hardship waiver is issued. 3. An appeal or request for an administrative hearing upon receipt of a notice of violation for a public nuisance, a notice and order for civil penalties, a decision of the city manager or designee on a stop work order or stop use order appeal, or a notice of hearing, and any accompanying administrative citation(s) may be consolidated and heard on the same date. 4. Notice of the administrative hearing shall be served on the responsible party(ies)the appellant by the city in the manner prescribed by Section 1.10.040 of this chapter. 5. The failure of any person with an interest in the property, or other responsible party, to receive a properly addressed notice of hearing, served pursuant to Section 1.10.040 of this chapter, shall not affect the validity of any proceedings under this chapter. 6. The failure of any recipient of a notice of violation for public nuisance, notice and order for civil penalties, stop work order or stop use order, or an administrative citation, or a notice of hearing to appear at any scheduled hearing shall result in an adjudication of the notice, order, or administrative citation, a forfeiture of the administrativeany penalties, late fees, and other costs, and a failure by the recipient to exhaust administrative remedies. 7. At the hearing, the party contesting the notice, order, or administrative citation shall have an opportunity to testify and to present evidence concerning the notice, order, or administrative citation. Formal rules of evidence shall not apply during an administrative hearing. 8. Any city-issued notices, administrative citations, and additional report(s) submitted by an enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. 9. The administrative hearing officer may continue the hearing and request additional information from the enforcement officer, the recipient of the notice, order, or administrative citation, or the property owner prior to issuing an administrative enforcement order written decision. Sept. 27, 2022 Item #5 Page 46 of 92 10. Failure of a person to file an appeal in accordance with the provisions of this section shall constitute a waiver of the person’s rights to an administrative determination of the merits of the notice, order, or administrative citation and the amount of the any administrative penalties or late fees. If no appeal is filed, the citation shall be deemed a final administrative order. B. Administrative Hhearing Oofficer’s Decisionorder. 1. After considering all of therelevant testimony and evidence submitted at the hearing, the administrative hearing officer shall issue a written administrative enforcement order that decision to upholds, modifies, or dismisses the notice, stop work order or stop use order, or of violation for public nuisance and/or administrative citation. The administrative enforcement order and shall list in the decision the reasons for the decision and shall be supported by substantial evidence in the record. The administrative enforcement order shall provide the timeframe for any future compliance dates or payment due dates and otherwise comply with the requirements of any administrative orders promulgated by the city manager.. The decision of the administrative hearing officer shall be final. 2. As part of the administrative citation enforcement order, the administrative hearing officer may: a. rReduce, waive, or conditionally reducemodify the administrative penalties or late fees assessed by the citation, in an amount consistent with the provisions of this chapter and Chapter 1.08. The total administrative penalty shall not exceed $100,000 exclusive of administrative costs. b. Impose, sustain, or modify civil penalties, consistent with the procedures in Section 1.10.060 of this chapter. The total civil penalty shall not exceed $400,000 exclusive of administrative costs. 3c. The administrative hearing officer may also iImpose conditions and deadlines to correct the violations or require payment of any outstanding penalties or late fees;. 4d. The administrative hearing officer may aAssess reasonable administrative costs incurred by the city as defined in Section 1.10.010 of this chapter. 3. In determining the amount of an administrative penalty, civil penalty, late fee, or administrative costs, or in determining conditions and deadlines to correct violations or make payments, the administrative hearing officer shall consider all relevant evidence and the following factors: a. The duration of the violation. b. The frequency or recurrence of the violation. c. The nature and seriousness of the violation. d. The history of the violation. e. Whether the offense impacted environmentally sensitive lands, a historical resource, or a designated historical resource as defined throughout this code. f. The willfulness of the responsible party’s misconduct. g. The responsible party’s conduct after issuance of the notice, citation, or stop work order or stop use order. h. The good faith effort by the responsible party to comply. i. The economic impact of the penalty on the responsible party. j. The impact of the violation upon the community. k. Any other factors that justice may require. 4. The employment, performance evaluation, compensation, and benefits of the administrative hearing officer shall not be directly or indirectly conditioned upon the amount of the administrative citation penalties, civil penalties, late fees, or administrative costs upheld by the administrative hearing officer. Sept. 27, 2022 Item #5 Page 47 of 92 5. If the administrative hearing officer determines that the notice, stop work order or stop use order, of violation and/or administrative citation should be upheld, then the any administrative penalty amount(s) on deposit with the city shall be retained by the city. 6. If the administrative hearing officer determines the notice, stop work order or stop use order, of violation and/or administrative citation should be upheld, and the civil penalties have not been paid and/or the administrative penalties have not been deposited pursuant to an advance deposit hardship waiver, the administrative hearing officer shall set forth in the decision administrative enforcement order a payment schedule for the administrative penalties, civil penalties, and any costs imposed. 7. If the administrative hearing officer determines the notice of violation , stop work order or stop use order, and/or administrative citation should be dismissed and civil penalties were paid or administrative penalties were deposited with the city, then the city shall promptly refund the amount of the paid or deposited penalties together with interest at the average rate earned on the city’s investment portfolio for the period of time the penalties were held by the city. 8. The administrative hearing officer shall serve their administrative enforcement order on all parties to the hearing within 14 calendar days of the last hearing date by regular U.S. mail or any other method reasonably likely to reach the recipient, including, but not limited to, electronic mail or facsimile. 9. The administrative enforcement order constitutes a final decision, effective on the date of mailing. The administrative enforcement order must contain the following statement: "The administrative enforcement order of the hearing officer is final and binding. Judicial review of this administrative enforcement order is subject to the provisions and time limits set forth in California Government Code Section 53069.4." 9. The recipient of the notice of violation or administrative citation shall be served with a copy of the administrative hearings officer’s written decision by regular U.S. mail or any other method reasonably likely to reach the recipient, including, but not limited to, electronic mail or facsimile. 10. If the administrative enforcement order finds in favor of the city, the city clerk’s office shall cause a copy of the administrative enforcement order to be recorded against the affected property with the county recorder’s office. 11. If the code enforcement manager determines that compliance has been achieved after the recording of an administrative enforcement order, the code enforcement manager shall direct the assigned enforcement officer to issue and record a certificate of compliance against the affected property. 9. The employment, performance evaluation, compensation and benefits of the administrative hearing officer shall not be directly or indirectly conditioned upon the amount of the administrative citation penalties upheld by the administrative hearing officer. C. Failure to comply with administrative enforcement order. 1. Upon issuance of an administrative enforcement order, the enforcement officer shall monitor the violations and determine compliance. 2. It is unlawful for a party to an administrative hearing, who has been served with a copy of the administrative enforcement order pursuant to this chapter, to fail to comply with the order. The city may treat such failure as a violation of this code and use all available legal or equitable remedies to recover any penalties, costs, fees, and obtain compliance with the administrative enforcement order. D. Right to Jjudicial Rreview. The recipient of the notice of violation or administrative citation may obtain judicial review of a final administrative decision by filing an appeal under California Government Code Section 53069.4, subdivision (b). If no appeal of the final administrative decision is filed within the time Sept. 27, 2022 Item #5 Page 48 of 92 period set forth in California Government Code Section 53069.4, the final administrative decision shall be deemed confirmed. 1.10.140 Additional rules and procedures for administrative hearing officers and administrative hearings. A. The city manager shall establish rules and procedures under pursuant to Section 1.10.020(BD) of this chapter as are necessary to identify a pool of qualified persons capable of acting as administrative hearing officers. B. Administrative hearing officers presiding at administrative hearings shall be appointed and compensated by the city. The city manager or designee shall develop policies and procedures relating to the employment and compensation of administrative hearing officers. C. Any person designated to serve as an administrative hearing officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law. Rules and procedures for the disqualification of an administrative hearing officer shall be established by the city manager or designee under Section 1.10.020(BD) of this chapter. Sept. 27, 2022 Item #5 Page 49 of 92 A guide describing the roles, policies, responsibilities and expectations for code enforcement in the City of Carlsbad Communit y Deve lopme nt De par t me nt CODE ENFORCEMENT Case Prioritization and Process Guide Exhibit 4 Sept. 27, 2022 Item #5 Page 50 of 92 3 Version — 24 May 2021 TABLE OF CONTENTS SECTION 1 Welcome to the City of Carlsbad ............................................................................3 SECTION 2 Code Enforcement and Property Owner Roles and Responsibilities ..................5 SECTION 3 Code Enforcement Programs ..................................................................................9 SECTION 4 Code Enforcement Processing Steps ....................................................................13 SECTION 5 Code Enforcement Processing Policies ................................................................17 SECTION 6 Code Enforcement Prioritization and Timelines .................................................23 SECTION 7 Code Enforcement Standard Processing Procedures .........................................25 SECTION 8 Penalties, Appeals and Mediation ........................................................................33 SECTION 9 EnerGov ...................................................................................................................39 SECTION 10 Appendix .................................................................................................................40 Sept. 27, 2022 Item #5 Page 51 of 92 3 Working together to maintain the city’s quality of life. The City of Carlsbad creates and enforces local and certain state laws that regulate people and property in the city. Some of these laws govern land use and quality of life issues, including public nuisances, safety and welfare. The purpose of these laws is to help maintain safe and healthy living and working conditions for the members of the community. The Code Enforcement Division of the Community Development Department is committed to the important and sometimes sensitive task of protecting and promoting the high quality of life enjoyed by those who live, work and play in the City of Carlsbad. The Division works on issues that range from construction without a permit, unsafe buildings, junk and debris on private properties, recreational and inoperative vehicles parked in front yards, sign standards, property maintenance and noise. The Division and its partner enforcement agencies, the City of Carlsbad Police and Fire departments, strive to maintain a balance between cooperation and communication between neighbors and effective enforcement of the city’s municipal codes. We often find that most people are unaware of the land use and quality of life laws that must be followed and are often willing to comply once they know what the requirements are and the steps to achieve compliance. Many projects or uses of private property require approval of a city-issued permit like a discretionary or building permit. We understand that this process can seem daunting. Staff are readily available to guide applicants through this process as expeditiously as possible. For those persons facing an enforcement action, Code Enforcement staff are also available to discuss case details, compliance measures and strategies to minimize penalties and further enforcement action. The goal of our Division is to ensure compliance with established regulations to protect public health, safety and general welfare and maintain the unique quality of life we enjoy in the City of Carlsbad. We hope that you will do your part to help us achieve this goal together. Jeff Murphy Director Community Development Department WELCOME TO THE City of Carlsbad SECTION 1 Sept. 27, 2022 Item #5 Page 52 of 92 5Sept. 27, 2022 Item #5 Page 53 of 92 5 Mission, Vision and Community Values The City of Carlsbad worked closely with community stakeholders to develop a citywide mission and vision statement as well as a set of community and organizational values. The Division adheres to these and reinforces them daily. Code Enforcement staff work in partnership with the people of the City of Carlsbad to help promote and maintain a safe and desirable living and working environment, to improve the quality of the city’s neighborhoods through education, enforcement, and abatement, and to respond to community concerns consistent with City Council directives and policies. Timely Resolution Priority is placed on resolving code violations in a quick and expeditious manner. Staff is required by local ordinance to provide clear direction, or corrective action(s), explaining how to resolve identified violations and develop a compliance schedule for the responsible party. The assigned Code Enforcement team member will be the primary point of contact, and will respond to phone calls and emails within one business day. It is the responsibility of the responsible party (in most cases the property owner) to timely implement the direction given and ask questions if the direction is unclear, or there is uncertainty in how to proceed. CODE ENFORCEMENT AND PROPERTY OWNER Roles and Responsibilities SECTION 2 Recreational boats, vehicles and trailers — before (top) and after Sept. 27, 2022 Item #5 Page 54 of 92 6 7 City of Carlsbad Code Enforcement Case Prioritization and Process Guide SECTION 2 Enforcement through Education Many code violation cases result from property and business owners who unknowingly violate established ordinances and regulations. Educating the community about the rules and standards is one of the best ways that the city and community can prevent violations from occurring (or reoccurring). The Code Enforcement Division seeks opportunities to implement ideas and concepts that educate the public on common code violations, such as use of public information bulletins and alerts through social media. Education is often considered the first step in prevention, and it will often garner more favorable results. Solving Problems Together Any discrepancy between a Code Enforcement officer’s interpretation of the applicable code and that of an affected community member should be elevated to Code Enforcement management and/or the City Attorney’s office as soon as it becomes apparent that a problem cannot be resolved or may escalate. As a service, the city offers Guaranteed Second Opinion. Customers are free at any time to ask the supervisor for a meeting to discuss any disagreement with staff interpretations of regulations or complaints regarding level of customer service. If further resolution is needed, the Division offers Project Issue Resolution to obtain a determination on the issue with the department director. Based Educating the community about the rules and standards is one of the best ways that the city and community can prevent violations. Unpermitted sign — before (top) and after Sept. 27, 2022 Item #5 Page 55 of 92 7 Code Enforcement Case Prioritization and Process Guide City of Carlsbad SECTION 2 on experience, a meeting is often much more productive than a series of emails or comment letters; we therefore strongly urge resolution of staff/community member disputes through these means. Ultimately, if an agreement cannot be reached with staff, a formal appeal can be filed to request an administrative hearing with an independent hearing officer. Private Disputes and Civil Matters Some issues that arise between neighbors are not necessarily a violation of a city ordinance or other law enforceable by the city. If unable to connect the concern to an adopted code requirement, the matter may be considered a civil matter that must be resolved by the private parties involved. As such, community members are encouraged to establish good relationships with their neighbors and work together to resolve disputes before conflicts arise. In these instances where discussions between neighbors are not mutually beneficial, residents may utilize the city’s mediation services. Further information about this service can be found in Section 8. Typical examples of private disputes are: • Covenants, Conditions, & Restrictions (CC&Rs) • Property line disputes • Blocked private views • Inoperable vehicles in the street (handled by PD) • Neighbors’ tree roots/branches/leaves encroaching/damaging private property • Irrigation/drainage between private properties ISSUES NOT ENFORCED Sept. 27, 2022 Item #5 Page 56 of 92 9Sept. 27, 2022 Item #5 Page 57 of 92 9 CODE ENFORCEMENT Programs SECTION 3 The city receives and processes complaints covering a variety of violations. Given the complexities, impacts and/or occurrences of certain violations, the city has developed and implemented tailored programs to help improve overall awareness of a code requirement and a process to quickly resolve any violations. Some of the more notable city programs are highlighted in this section. Short-Term Vacation Rentals Given the proximity to the beach and Carlsbad’s vibrant downtown, the city has many property owners who rent their private homes for short-term rental use, often for weekend or weeklong stays. In some cases, vacationers renting these homes can be disruptive to neighboring residents with disorderly conduct, excessive noise, illegal parking, and overcrowding. To help alleviate some of these impacts, the City Council adopted an ordinance regulating short-term vacation rentals (stays of less than 30 days), including restrictions on operating outside the Coastal Zone. To operate a short-term vacation rental, applicants must obtain a business license and permit and provide an Impact Response Plan and a Declaration of Notification. They must also acknowledge and agree to follow the city’s Good Neighbor Guidelines. Neighboring residents who wish to report a problem with a short-term vacation rental are encouraged to call the Code Enforcement hotline during business hours at 760-434-5978 or the Carlsbad Police Department’s non-emergency hotline at 760-931-2197. Complaints may also be submitted online to stvr@carlsbadca.gov. The city has developed and implemented tailored programs to help improve overall awareness of a code requirement and a process to quickly resolve any violations. Sept. 27, 2022 Item #5 Page 58 of 92 10 11 City of Carlsbad Code Enforcement Case Prioritization and Process Guide SECTION 3 Signs Temporary advertising signs, including real estate signs, placed in public spaces such in the road median, affixed to light poles, along sidewalks and in parks can cause blight and create unsafe conditions. As such, they are prohibited (except for election signs during specified campaign periods) and may be summarily removed by Code Enforcement staff. Signs may be retrieved by calling 760-602-2703 to arrange for an appointment for recovery, which occurs each Wednesday between 8 and 10 a.m. at the city’s Parks Maintenance & Administration Yard, north gate, located at 1166 Carlsbad Village Drive. The Division will not accept appointments outside of this time. To retrieve signs, residents and/or businesses must bring a photo ID validating their identity and ownership of the sign. All signs will be held for a maximum of 30 calendar days, at which time they will be discarded. Sidewalk Café Dining Outdoor, sidewalk café dining provides a pedestrian-oriented activity that encourages a dynamic street life and is an important benefit to the city. As such, there is a need to balance use of the sidewalk in the public right-of-way between pedestrians and sidewalk dining. Appropriate accessibility on sidewalks and other right- of-ways is crucial to ensure that everyone can enjoy the There is a need to balance use of the sidewalk in the public right-of-way between pedestrians and sidewalk dining Sept. 27, 2022 Item #5 Page 59 of 92 11 Code Enforcement Case Prioritization and Process Guide City of Carlsbad SECTION 3 amenities provided and ensure compliance with the Americans with Disabilities Act. In response, the city developed a sidewalk dining policy as part of the 2019 updated Carlsbad Village and Barrio Master Plan, which requires the approval of a Right-of-Way Use Permit. Code Enforcement staff enforces this policy by responding to complaints, conducting periodic inspections and enforcing through the administrative processes set forth in this guide (see Section 4). Sober Living Homes Sober living homes are recovery focused living environments for individuals attempting to abstain from an addiction, typically drugs and alcohol. Often found in single- family homes in existing and established neighborhoods, sober living homes can be the subject of concern from neighborhood residents who claim to experience inappropriate and nuisance related behaviors from home occupants. However, pursuant to state and federal law, local jurisdictions are greatly limited in their ability to regulate these homes, as well as many other types of recovery-based group homes. On May 12, 2020, staff presented a Recovery- Based Group Homes white paper for the City Council that provides more detail on the subject (Agenda Item #3). While the city cannot impose unique restrictions on most recovery-based group homes including sober living homes, the city will investigate all complaints to determine whether any local enforcement action can be taken. The Code Enforcement Division has also developed a working relationship with the California Department of Social Services, Community Care Licensing Division and the California Department of Health Care Services, which are charged with licensing certain group homes. As complaints are received by the city, they are routed to the appropriate state agency within one business day of receipt. Staff will follow up with the complaining party informing them of any state action taken. While the city cannot impose unique restrictions on most recovery- based group homes including sober living homes, the city will investigate all complaints to determine whether any local enforcement action can be taken. Sept. 27, 2022 Item #5 Page 60 of 92 13Sept. 27, 2022 Item #5 Page 61 of 92 13 This process is intended to inform and guide the public on the steps taken by Code Enforcement staff to resolve code violations. The process includes five basic steps, as reflected below: 1STEP Complaint Filed 2STEP Violation Confirmation 3STEP Notice of Violation 4STEP Enforcement Action 5STEP Case Closure In most cases, Code Enforcement Division staff will be the primary point of contact throughout the process. However, should the violation require the approval of a discretionary or building permit, a project planner or building technician will also be assigned the case, but Code staff will remain engaged until the permit is finalized by a Building Department inspector. 1STEP Complaint Filed Virtually all code cases processed by the Code Enforcement Division originate as a complaint filed by a resident or a business person. A complaint can be filed by calling 760-602-2703, submitted in an email to codeenforcement@carlsbadca.gov. The following information must be provided at a minimum before Code Enforcement staff will initiate Step 2 of the process. • Address of the alleged violation • Detailed description of the observed violation • Photos of the violation, if possible • Complainant’s name and contact information CODE ENFORCEMENT Processing Steps SECTION 4 Sept. 27, 2022 Item #5 Page 62 of 92 14 15 City of Carlsbad Code Enforcement Case Prioritization and Process Guide SECTION 4 2STEP Violation Confirmation When a complaint is filed, staff must first confirm the validity of the violation. This often requires research, fact-checking and an on-site inspection conducted by Code Enforcement staff. Some of the actions and research that are conducted by staff during this initial confirmation stage is listed below. • Open/assign a case • Get clarification from complainant • Review prior permit approvals • Review county assessor, recorder and tax collector records • Review historic aerial imagery • Coordinate with other city divisions, departments and outside agencies • Site inspection Receiving a notice of violation from the city can be stressful. As such, it is important that city staff spend the necessary time and effort conducting the appropriate level of research to confirm that a violation has occurred before enforcing such violation. 3STEP Notice of Violation Once a violation has been confirmed, staff will typically issue a notice of violation (written administrative warning). There is no financial penalty associated with a notice of violation. This notice accomplishes two important objectives: 1) Alerts the responsible party that a violation (often unknown to them) exists on property which the individual owns, controls or occupies; and, 2) guides the responsible party in navigating the city’s processes to resolve the code case. The notice details the following: • Code section(s) in violation; • Actions and steps necessary to bring the violation into compliance; • Timeframe to complete the requested correction(s); • Name and number of the Code Enforcement staff person who will be the primary contact throughout the process; • If the notice contains a public nuisance charge, it is immediately appealable and will provide appeal rights information. When a complaint is filed, staff must first confirm the validity of the violation. Sept. 27, 2022 Item #5 Page 63 of 92 15 Code Enforcement Case Prioritization and Process Guide City of Carlsbad SECTION 4 4STEP Enforcement Action As previously noted, the focus of the Code Enforcement Division is to obtain compliance. As such, the responsible party will be given reasonable compliance dates to accomplish required actions. Maintaining the compliance schedule is important. However, the Division understands that on occasion, issues arise that are beyond the control of the responsible party, which cause unexpected and unintended delays in meeting set deadlines. The administrative enforcement procedure is designed to provide the responsible party with more than enough time to respond to requirements; especially during the initial stages of enforcement. Should more time be needed, it is important for the responsible party to notify Code Enforcement staff as soon as possible. If the Division determines that the delay is legitimate and reasonable, the Division will typically grant a time extension. Unfortunately, in some cases, stronger enforcement remedies are necessary to maintain progress. Failure to timely resolve the violation within the time frame specified in the notice of violation may result in the issuance of administrative citations, the assessment of administrative costs, and/or the imposition of civil penalties or criminal penalties. For violations that are severe and adversely impact public health and safety, a Stop Work Order may be issued requiring that all activities immediately stop, or the city may abate any violations deemed a public nuisance. Responsible parties have the right to appeal administrative citations and most other administrative determinations, and can challenge civil and criminal actions in a court of law. Refer to Section 8 for more information. 5STEP Case Closure When Code Enforcement staff confirms that a violation has been resolved, an explanation of the investigation and resolution is communicated to the complaining party, if requested. For certain cases, communication is also sent to the responsible party (in cases of a verified violation) confirming that the matter was adequately resolved, and the case has been closed. These communications promote transparency and help “close the loop” with impacted citizens. Sept. 27, 2022 Item #5 Page 64 of 92 17Sept. 27, 2022 Item #5 Page 65 of 92 17 The city has limited resources in both staffing and funding to respond and treat all complaints and violations as a high priority. As such, the Code Enforcement Division must choose how best to use its resources and prioritize cases based on the nature of the violation and its impact on public health, safety and general welfare. To ensure equitable enforcement and a transparent process, the department has developed and adheres to the following policies, which contribute and support the prioritization and timeline standards discussed in Sections 6 and 7. Complaint-Based Enforcement The majority of cases pursued by staff are complaint-based and originate from a resident or business person. Given current resource levels and the number of complaints that the Division receives each month (close to 200), the Division generally does not conduct proactive areawide sweeps. There are exceptions to this policy where staff will conduct proactive enforcement. Those limited violation types are listed below. Also, any additional violations readily witnessed during staff’s site investigation could be considered and made part of the open enforcement case. CODE ENFORCEMENT Processing Policies SECTION 5 The majority of cases pursued by staff are complaint-based and originate from a resident or business person. Nuisance – junk — before (left) and after Sept. 27, 2022 Item #5 Page 66 of 92 18 19 City of Carlsbad Code Enforcement Case Prioritization and Process Guide SECTION 5 Additionally, violations of a similar nature found on the property adjacent to the original complaint location (e.g., next door neighbor) may be pursued to obtain an overall effective outcome. Violations that may be pursued proactively: • Public Health & Safety Code violations • Active construction without a permit • Stormwater runoff • Unauthorized slope excavation • Unpermitted signs • Graffiti Privacy of the Complainant For staff to initiate and process a case on an alleged violation, the complainant must provide the Division with their name and contact information; the city does not accept anonymous complaints. That said, the city will protect the anonymity of the complainant by not disclosing or providing personal identifying information to the public unless the complaining party provides consent to do so or unless required by a court order. Communication A lack of awareness of existing regulations is what often leads to code violations. Additionally, complaining witnesses may feel helpless or frustrated if not provided with regular status updates on a code case. As such, it is critical that staff clearly communicate to all parties involved. Staff must plainly and concisely communicate their directions, expectations and justifications to the person responsible for resolving the code violation. When enforcement resolution will require time to complete, staff needs to provide the complainant with periodic updates and expected date(s) for final resolution. These communications promote transparency and minimize confusion and further frustration. The city does not accept anonymous complaints. Sept. 27, 2022 Item #5 Page 67 of 92 19 Code Enforcement Case Prioritization and Process Guide City of Carlsbad SECTION 5 Progressive Citation Protocols When there is reason to believe that a violation has or is occurring, the following notification protocols are applied. • Verbal Warning. This involves a polite conversation with the responsible party who agrees to stop the activity or correct the minor violation within 24 hours. Violations that qualify for a verbal warning are minor in scale and include things like basketball hoops in the right-of-way or an inoperable vehicle in the driveway. • Notice of Violation. If a responsible party fails to comply with a verbal or courtesy warning, the observed violation cannot be addressed within 24 hours, or the violation is more serious, staff will issue an notice of violation. The notice will include the following minimum information: • Description of the violation • Deadline for compliance • Code section describing violation • City staff name & contact information • Corrective actions required • Consequences for noncompliance • Appeal rights (if a public nuisance violation)Inoperable vehicles — before (top) and after Sept. 27, 2022 Item #5 Page 68 of 92 20 21 City of Carlsbad Code Enforcement Case Prioritization and Process Guide SECTION 5 • Administrative Citation. The responsible party who fails to timely comply with the notice of violation will be issued an administrative citation. In most cases, up to three administrative citations may be issued before the City Attorney is consulted to discuss abatement and other alternative remedies. The administrative citation will include the same components as the notice of violation with a progressive penalty. • 1st Administrative Citation — $100 • 2nd Administrative Citation — $200 • 3rd Administrative Citation — $500 Note: Some violations may be cited at a higher penalty rate. • Immediate Enforcement. Certain types of violations constitute an imminent public safety and health hazard (i.e., unpermitted and active construction), which may require immediate action by the city and typically includes issuance of a “Stop Work Order” or “Unsafe Structure Notice,” or an abatement order. These notices require strict compliance to ensure public safety and health, and as such they may be enforced with strict remedies and higher penalties. Recreational vehicles, boats and trailers — before (left) and after Sept. 27, 2022 Item #5 Page 69 of 92 21 Code Enforcement Case Prioritization and Process Guide City of Carlsbad SECTION 5 Repeat and Recurring Violations Repeat or recurring violations exist when the responsible party has demonstrated an inability or unwillingness to cease the unpermitted or unlawful activity after being noticed of the violation. In these circumstances, staff may deviate from the tiered notification process described above and immediately issue administrative citations and penalties and/or consult with the City Attorney’s Office to determine the best course of action. Compliance Schedule Some violations require approval of a permit. Depending upon the permit type, the process could take anywhere from three to six months or longer to complete. As such, it is important that violations requiring a permit are processed in an expeditious and timely manner. As part of permit processing, Code Enforcement staff may, in collaboration with the building technician or project planner, develop a code compliance schedule with specified key milestones and deadlines. The responsible person and city staff will review and discuss the schedule to ensure clarity and set expectations for compliance. Refer to the Community Development Department Permit and Service Delivery Guide for more information on the permit process. Activities Pending Permit Approval The city has the discretion to not take further enforcement action if diligent and measurable progress is being made to resolve a code violation pending permit approval. The city may allow the use to temporarily continue under the following conditions: • The violation does not cause serious or immediate health/safety risks; • The violation does not create a public nuisance; • All specified processing timelines are consistently being met; • No new violations occur during the processing of the permit; and, • The responsible party(ies) implement and maintain temporary mitigation measures to minimize adverse impacts of violation(s) while the permit is being processed. Sept. 27, 2022 Item #5 Page 70 of 92 22 23 City of Carlsbad Code Enforcement Case Prioritization and Process Guide SECTION 5 Extension of Time The city may, in its sole discretion, authorize an extension of time for bringing a violation(s) into compliance. Code Enforcement staff shall consider several factors when determining whether to authorize an extension. Any extension requests shall be set forth in writing with appropriate performance milestones and deadlines. The extension shall be acknowledged and agreed upon by the responsible party and staff. Considering factors for an extension: • No public health or safety issues • Reasonable need for more time • Nature of violation • Measurable progress • Ongoing and open communication with city staff Owner Versus Owner On occasion, one property owner files a complaint against another, which results in a retaliatory complaint being filed. This sometimes escalates into multiple complaints being filed by the two parties where the enforcement process is used to antagonize and harass the two parties. The Division may exercise its discretion in handling owner versus owner complaints. If it is found that complaints are being used to harass or retaliate against a neighbor, and staff’s investigation reveals limited, credible evidence to support a code violation, staff may choose to limit or refrain from enforcement action and refer the owners to voluntary mediation or to consult with private legal counsel. Agency and Department Coordination Not all code violations are handled by the Code Enforcement Division; sometimes an enforcement matter is handled by a non-city agency or requires coordination from another city department. If a complaint is filed on a violation that falls outside the Division’s authority, Code Enforcement staff will provide the complainant with the appropriate name and contact number of the agency/department responsible for follow-up. To ensure collaboration and consistency, Code Enforcement staff will be the point of contact in cases where a violation requires comment and coordination with multiple agencies or departments. Sept. 27, 2022 Item #5 Page 71 of 92 23 The city receives upwards of 2,000 formal code enforcement complaints per year, with an average of 150 cases being actively processed at any given time. As such, it is important to prioritize and respond to enforcement cases based upon level and magnitude of the potential impacts to public health and safety, with consideration given to the availability of staff resources. To help with the prioritization process, cases are categorized into one of four main classifications according to the severity of the violation. CODE ENFORCEMENT Prioritization and Timelines SECTION 6 It is important to prioritize and respond to enforcement cases based upon level and magnitude of the potential impacts to public health and safety. 18% 4%9% 7% 6% 7% 17% 17% 15% State Building & Housing Code Violations Zoning Signs Miscellaneous MunicipalCodeViolations IllegalConstruction RVs, Boats, Trailers NuisanceViolations Vegetation Short-Term Vacation RentalViolations Typical Violations by Type Sept. 27, 2022 Item #5 Page 72 of 92 24 25 City of Carlsbad Code Enforcement Case Prioritization and Process Guide SECTION 6 VIOLATION CATEGORY DESCRIPTION OF CONDITIONS TYPES OF VIOLATIONS CITY’S INITIAL RESPONSE CITY’S TARGET RESOLUTION Category 1 Immediate threat, unsafe and hazardous conditions1 Severely damaged/falling structures and signs, unsecured/abandoned structures, active and unpermitted construction (including grading), unfenced pools and other related public health/ safety issues Within 1 business day of complaint Within 3 business days of complaint for a temporary resolution; permanent resolution varies based on circumstances Category 2 Nuisance and blight-causing conditions2 Inoperable/abandoned vehicles, outdoor storage, trash/debris, noise, hoarding, graffiti3 and animals Within 3 business days of complaint Within 30 business days of complaint Category 3 Miscellaneous violation conditions Vegetation/yard maintenance, lighting, business licenses, signs, zoning violations that do not require a permit, violation of use permit conditions, short-term vacation rentals, other violations typically not requiring a permit Within 5 business days of complaint Within 50 business days of complaint Category 4 Permit- requiring conditions 1, 2, 4 Includes permanent right- of-way encroachments, construction, grading and uses requiring discretionary approval Within 10 business days of complaint Within 90 to 180 business days of complaint 1 Category 1 violations require the responsible party to stop all work and secure the property until required permits are obtained. Once work has been stopped/site secured, the violation is processed as a Category 4 violation, if appropriate. 2 In some cases, a nuisance-related condition (i.e., sign) may require a permit. In those cases, the violation will be processed as a Category 4 violation. 3 For the removal of graffiti, the city’s targeted resolution date is 7 business days from receipt of the complaint. 4 Target resolution date includes time required to hire professionals to prepare plans and application, city to review and issue permit, and applicant to secure contractor to complete the improvements. Refer to the Community Development Department Permit Service Delivery Guide for additional detail on permit processes. Sept. 27, 2022 Item #5 Page 73 of 92 25 CODE ENFORCEMENT Standard Processing Procedures SECTION 7 Code enforcement case review processes have been standardized with defined tasks and associated timelines in order to obtain a targeted resolution date. These procedures help staff efficiently and effectively navigate the responsible party through the steps necessary to remedy a code violation. Additionally, established procedures provide citizens transparency and predictability of the process and status of a code case. Code cases can vary in type and complexity, and therefore may need to deviate from the procedures described below. Procedures These procedures are for guidance to staff only and should be used in addition to professional judgment to provide and maintain high level quality customer service. Should an issue arise that causes delay in our response, the responsible party and the complainant will be notified as soon as possible. Approximately7% of Complaints Violation Category 1 Target Response < 1 Business Day Target Resolution < 3 Business Days Unsafe & Hazardous Conditions Within 1 Business Day of Initial Receipt of the Complaint • Case Development. Create a case file, enter complaint/property information, create task assignments in EnerGov (city tracking system) and assign case responsibility to appropriate staff. Established procedures provide citizens transparency and predictability of the process and status of a code case. Sept. 27, 2022 Item #5 Page 74 of 92 26 27 City of Carlsbad Code Enforcement Case Prioritization and Process Guide SECTION 7 • Conduct Site Inspection. Staff visits and, if necessary, takes photos of the site/violation and attempts to make personal contact. • Issuance of Notice of Violation/Stop Work Order. Once the violation is confirmed, a notice of violation (no financial penalty) is issued to the responsible party, giving 24 hours to comply with most corrective action(s). In instances involving active construction/grading without a valid permit, staff will issue a Stop Work Order. This order mandates that the site be secured and all construction requiring a permit be halted immediately. Within 2 Business Days of Initial Receipt of the Complaint • Compliance Confirmation. Staff confirms that the responsible party complied with the corrective action(s) specified in the notice. Photos are taken. If compliance has not been achieved, an administrative citation is issued, giving another 24 hours to comply. A personal contact attempt is made. Within 3 Business Days and Until Violation is Resolved • Update. Staff will call or email the complainant to advise them of the current status of the case. • Continued Enforcement. Staff will inspect and issue citations until the immediate life/safety/health hazard is corrected. Administrative citation penalties for most violations are $100 for a first violation, $200 for a second violation, and $500 for a third or subsequent violation. They can accumulate at a rate of $500 per day, per violation, if the hazard/violation is not corrected. Administrative costs may also be assessed. In addition to or as an alternative to administrative citations and cost assessment, staff may also seek authority to pursue summary abatement proceedings. Once the immediate hazard/violation has been corrected, most cases in Category 1 will require the issuance of a discretionary permit or building permit to fully address the violation. Once the violations are corrected to eliminate immediate life/safety/health violations, the code case will be closed and reopened as a Category 4, subject to the specified processing standards. The case will be closed once all violations have been fully corrected. The case will be closed once all violations have been fully corrected. Sept. 27, 2022 Item #5 Page 75 of 92 27 Code Enforcement Case Prioritization and Process Guide City of Carlsbad SECTION 7 Approximately27% of Complaints Violation Category 2 Target Response < 3 Business Days Target Resolution < 30 Business Days Nuisance & Blight-Causing Conditions Within 3 Business Days of Initial Receipt of the Complaint • Case Development. Create a case file, enter complaint/property information, create task assignments in EnerGov (city tracking system) and assign case responsibility to appropriate staff. • Conduct Site Inspection. Staff visits and, if necessary, takes photos of the site/violation and attempts to make personal contact. Within 10 Business Days of Initial Receipt of the Complaint • Issuance of Notice of Violation. Once the violation is confirmed, a notice of violation (no financial penalty) is issued to the responsible party, setting forth corrective action(s) and requiring compliance within 10 business days in most cases. Within 30 Business Days of Initial Receipt of the Complaint • Follow Up Contact/Site Inspection. Staff conducts a second site visit to confirm that the required corrective actions have been addressed. As appropriate, staff may call or email the complainant to advise of the current status of the case and next steps. • Issuance of Final Notice of Violation. If compliance has not been achieved within 10 business days from the issuance of the notice of violation, the code officer will issue a final notice of violation (no financial penalty) restating the corrective action(s) and requiring compliance within 5 business days. • Follow Up Contact/Site Inspection. Staff conducts a third site visit to confirm that corrective action(s) have been addressed. As appropriate, staff may call or email the complainant to advise of the current status of the case and next steps. Sept. 27, 2022 Item #5 Page 76 of 92 28 29 City of Carlsbad Code Enforcement Case Prioritization and Process Guide SECTION 7 • Issuance of Administrative Citation. Staff confirms that the responsible party complied with the corrective action(s) specified in the notice. If compliance has not been achieved an administrative citation is issued. • Continued Enforcement. Staff will inspect and issue citations until the violation is corrected. Most administrative citation penalties are $100 for a first violation, $200 for a second violation, and $500 for a third or subsequent violation. They can accumulate at a rate of $500 per day, per violation, if the violation is not corrected. Administrative costs may also be assessed. In addition to or as an alternative to administrative citations, staff may also seek authority to pursue summary abatement or abatement. Nuisance – junk — before (top) and after Sept. 27, 2022 Item #5 Page 77 of 92 29 Code Enforcement Case Prioritization and Process Guide City of Carlsbad SECTION 7 Approximately51% of Complaints Violation Category 3 Target Response < 5 Business Days Target Resolution < 50 Business Days Miscellaneous Conditions Within 5 Business Days of Initial Receipt of the Complaint • Case Development. Create a case file, enter complaint/property information, create task assignments in EnerGov (city tracking system) and assign case responsibility to appropriate staff. • Conduct Site Inspection. Staff visits and, if necessary, takes photos of the site/violation and attempts to make personal contact. Within 25 Business Days of Initial Receipt of the Complaint • Issuance of Notice of Violation. Once the violation is confirmed, a notice of violation (no financial penalty) is issued to the responsible party, setting forth the required corrective action(s) and requiring compliance within 10 business days. • Follow Up Contact/Site Inspection. Staff conducts a second site visit to confirm that the required corrective actions have been addressed. As appropriate, staff may call or email the complainant to advise of the current status of the case and next steps. • Issuance of Final Notice of Violation. If compliance has not been achieved within 10 business days from the issuance of the notice of violation, the code officer will issue a final notice of violation (no financial penalty) restating the corrective action(s) and requiring compliance within 5 business days. • Follow Up Contact/Site Inspection. Staff conducts a third site visit to confirm that corrective action(s) have been addressed. As appropriate, staff may call or email the complainant to advise of the current status of the case and next steps. Sept. 27, 2022 Item #5 Page 78 of 92 30 31 City of Carlsbad Code Enforcement Case Prioritization and Process Guide SECTION 7 Within 50 Business Days of Initial Receipt of the Complaint • Issuance of Administrative Citation. Staff confirms that the responsible party complied with the corrective action(s) specified in the notice. If compliance has not been achieved an administrative citation is issued. • Continued Enforcement. Staff will inspect and issue citations until the violation is corrected. Most administrative citation penalties are $100 for a first violation, $200 for a second violation, and $500 for a third or subsequent violation. They can accumulate at a rate of $500 per day, per violation, if the violation is not corrected. Administrative costs may also be assessed. In addition to or as an alternative to administrative citations, staff may also seek authority to pursue summary abatement or abatement. Note: In rare cases, a Category 3 violation may be remedied with a permit. Under these circumstances, the code case will be processed under the procedures for Category 4 until permits are approved by the Community Development Department and a certificate of occupancy is issued. Approximately15% of Complaints Violation Category 4 Target Response < 10 Business Days Target Resolution < 90–180 Business Days Permit Requiring Conditions Within 5 Business Days of Initial Receipt of the Complaint • Case Development. Create a case file, enter complaint/property information, create task assignments in EnerGov (city tracking system) and assign case responsibility to appropriate staff. • Research. Staff conducts research to confirm that a violation exists, including the review of records of prior permit approvals, county tax records, historic aerial imagery and coordination with other divisions, departments and outside agencies. Sept. 27, 2022 Item #5 Page 79 of 92 31 Code Enforcement Case Prioritization and Process Guide City of Carlsbad SECTION 7 • Conduct Inspection. Staff visits and, if necessary, takes photos of the site/ violation and attempts to make personal contact. Within 10 Business Days of Initial Receipt of the Complaint • Issuance of Notice of Violation. Once the violation is confirmed, a notice of violation (no financial penalty) is issued to the responsible party, setting forth the required corrective action(s) and requiring compliance within 10 business days. Within 25 Business Days of Initial Receipt of the Complaint • Follow up Contact. Staff contacts responsible party to confirm that corrective actions have been satisfied. As appropriate, staff may call or email the complainant to advise of the current status of the case and next steps. • Issuance of Final Notice of Violation. If compliance has not been achieved within 10 business days from the date of issuance of the notice of violation, the code officer will issue a final notice of violation (no financial penalty) restating the required corrective action(s) and requiring compliance within 5 business days. Within 35 Business Days of Initial Receipt of the Complaint • Follow up Contact. Staff contacts responsible party to confirm that corrective actions have been satisfied. As appropriate, staff may call or email the complainant to advise of the current status of the case and next steps. • Issuance of Administrative Citation. Staff confirms that the responsible party complied with the corrective action(s) specified in the notice. If compliance has not been achieved an administrative citation is issued. • Continued Enforcement. Staff will inspect and issue citations until the violation is corrected. Most administrative citation penalties are $100 for a first violation, $200 for a second violation, and $500 for a third or subsequent violation. They can accumulate at a rate of $500 per day, per violation, if the violation is not addressed. Administrative costs may also be assessed. In addition to or as an alternative to administrative citations and costs, staff may also seek authority to pursue summary abatement or abatement. Sept. 27, 2022 Item #5 Page 80 of 92 32 33 City of Carlsbad Code Enforcement Case Prioritization and Process Guide SECTION 7 Following 90 Business Days of Initial Receipt of the Complaint • Compliance. For violations requiring the approval of a discretionary permit or significant structural improvements requiring a building permit (i.e., room addition), the responsible party is generally given 90 days to develop plans and submit a complete application to the city for processing. Staff will not close the case until the Community Development Department has finalized the permit. For violations requiring simpler permit review (i.e., water heaters, electrical, plumbing improvements, etc.), a shorter compliance date will be given. If a permit is determined not to be needed, then the case will be closed by Code Enforcement staff. If the use/structure cannot be permitted, the city will determine a reasonable period of time for the responsible party to correct the violation. Unsafe and hazardous conditions — trees overhanging the right-of-way Sept. 27, 2022 Item #5 Page 81 of 92 33 Administrative Citation Penalties In those instances when an administrative citation penalty is issued by the Code Enforcement Division, the responsible party has thirty (30) days from the date of issuance to pay the corresponding penalty(ies). Additionally, the responsible party must take one of the following actions to avoid additional penalties: • Correct the Violation. The responsible party(ies) corrects the violation by the compliance date specified in the administrative citation and contacts the city to request a re-inspection AND pays the corresponding penalty(ies) within the 30-day payment period or late fees may accrue. In the case of a public nuisance notice of violation, correct the violation by the compliance date specified in the notice of violation and contact the city to request re-inspection; OR • Request a Hearing. The responsible party(ies) may request a hearing to appeal the administrative citation within thirty (30) days from the date of issuance of the administrative citation, together with an advance deposit of the corresponding penalty(ies). Administrative appeals will not be processed or scheduled unless the completed appeal paperwork is properly filed along with payment of the advance deposit. In the case of a public nuisance notice of violation, an appeal must be filed within 10 days of issuance of the notice of violation (no advance deposit required since there is no penalty associated with such violations). How to Appeal an Administrative Citation Any person issued an administrative citation penalty or public nuisance notice of violation may contest the notice by filing an appeal with the city to have the matter heard before an independent administrative hearing officer. Verbal warnings or notices of violation for non-public nuisance violations are not subject to the appeal process; however, individuals may have their disagreements heard through the Guaranteed Second Opinion/Project Issue Resolution process. CODE ENFORCEMENT Penalties, Appeals and Mediation SECTION 8 Any person issued an administrative citation penalty or public nuisance notice of violation may contest the notice by filing an appeal. Sept. 27, 2022 Item #5 Page 82 of 92 34 35 City of Carlsbad Code Enforcement Case Prioritization and Process Guide SECTION 8 A responsible party or property owner may file an appeal by completing and signing an Appeal & Request for Administrative Citation Hearing form, which is available on the city website or upon request from the Code Enforcement Division by contacting 760-602-2703. The appeal form must be completed in entirety and include the full payment of the penalty amount. The form must be mailed to the Code Enforcement Division and received within thirty (30) calendar days of the issuance of the administrative citation. The following is important information to note when submitting appeals: • Each violation being appealed must have the reason/explanation as to why an appeal is being requested for that specific violation. • Deposit of the penalty amount may only be made by personal check, cashier’s check or money orders made payable to “City of Carlsbad”. Cash will not be accepted. • Completed appeal forms may be mailed to: City of Carlsbad Code Enforcement Division 1200 Carlsbad Village Drive Carlsbad, CA 92008 • If applicable, Advance Deposit Hardship Waiver requests must be made on a separate form within ten (10) days of the date of issuance of the administrative citation (see section below on “Advance Deposit Hardship Waivers”). • A notice of violation for a public nuisance may be appealed within ten (10) days of issuance of the notice of violation. No other violation types may be appealed at the notice of violation phase. • Once reviewed by the city, if the appeal application is timely and complete, a hearing date will be set for no less than fifteen (15) days and no more than sixty (60) days from the date the appeal is filed with the city. • If the administrative citation or public nuisance notice of violation is dismissed at the appeal hearing, a refund of the penalty amount paid shall be issued. Hearing Procedures All hearings are held before an independent impartial administrative hearing officer. At the hearing, the parties present their evidence, findings, arguments and both parties may bring witnesses, which can be cross-examined. Any relevant evidence can be admitted into record and oral evidence is taken under oath or affirmation. The hearings are recorded and do not need to be conducted in accordance with the formal rules of evidence. Sept. 27, 2022 Item #5 Page 83 of 92 35 Code Enforcement Case Prioritization and Process Guide City of Carlsbad SECTION 8 Hearing Officer’s Decision If the Hearing Officer determines that the violation should be upheld, the penalty amount will be retained by the city. If the hearing officer determines that the evidence presented does not support the violation, any administrative citation penalties shall be deemed null and void and the city will refund the penalty amount within four to six weeks. The written decision of the hearing officer is the city’s final administrative decision. An appellant may obtain judicial review of a final administrative decision by filing an appeal with the San Diego County Superior Court according to applicable court rules. Advance Deposit Hardship Waivers The city realizes administrative citations have a financial impact on responsible parties and offers to qualifying individuals the opportunity to waive the advance deposit prerequisite for properly filing and scheduling an appeal of an administrative citation. NOTE: The Advance Deposit Hardship Waiver is separate from the administrative appeal form. The waiver must be completed in its entirety, signed and submitted within 10 days of the date of receipt of an administrative citation in order to be considered by the city. Incomplete applications will not be processed by the city. Illegal fence height — before (top) and after Sept. 27, 2022 Item #5 Page 84 of 92 36 37 City of Carlsbad Code Enforcement Case Prioritization and Process Guide SECTION 8 Mediation Services For a civil dispute that is not a violation of a code enforceable by the city, why not consider mediation? Mediation is a confidential meeting between people who have a disagreement and a trained, neutral mediator who guides a discussion of issues toward a mutually acceptable agreement. Community Mediation services are available to all Carlsbad residents through the County of San Diego Alternative Dispute Resolution (ADR) Program and the National Conflict Resolution Center. Cases may be self-referred by any city resident who is involved in the dispute by calling 619-398-0494. Some of the types of cases eligible for mediation involve neighbor-to-neighbor issues, animal nuisances and property maintenance disputes. There are many benefits mediation offers to residents, such as: • It’s effective — most cases reach an agreement • It’s free — exclusive to Carlsbad residents • It’s fast — mediation can be scheduled quickly • It’s convenient — mediation services are at the city’s buildings in Carlsbad • It’s confidential — solutions are private and within your control • It’s professional — mediators are highly trained and qualified Sept. 27, 2022 Item #5 Page 85 of 92 37 Code Enforcement Case Prioritization and Process Guide City of Carlsbad SECTION 8 Often the first step in initiating mediation is to consider whether it is a viable option for residents. Some points when determining if mediation is an option: • The dispute has been ongoing • You want to preserve a relationship being affected by conflict • The dispute is upsetting and affecting your daily life • You cannot afford the time and cost involved with litigation • You are thinking about taking your dispute to court • You would like to speak to the other party, so they may hear your concerns • You would like to resolve the dispute without a third-party judgment • Most importantly, both parties must voluntarily agree to participate in the mediation session Mediation is governed by California Evidence Code sections 1115-1128, which provides that statements made during mediation are confidential and inadmissible against another party in any subsequent non-criminal proceeding. Further the mediators do not report back to any courts on the content of the mediation, nor are they available to testify as to what was said during mediation. Confidentiality allows people to express themselves without fear that their words will be used against them later. Sept. 27, 2022 Item #5 Page 86 of 92 39Sept. 27, 2022 Item #5 Page 87 of 92 39 EnerGov The department uses EnerGov, a project management and open government software application. This application allows staff to manage project caseloads, task assignments, workflows, and timelines in accordance with the performance standards, processes and procedures described in this document. EnerGov can generate a variety of reports that allow staff, supervisors and managers to monitor and track productivity and to ensure timely delivery of work products. Supervisors in the department provide training and support to staff in their respective workgroup/division to ensure effective and consistent use of EnerGov and to encourage feedback for periodic enhancements. Staff are responsible for keeping information current and accurate in EnerGov for the projects they manage and task assignments that they are given, per the procedures described in Section 7 and supplemented in the Appendix of this guide. Staff must keep tasks up-to-date to ensure efficient and effective operations. EnerGov is also used as the main repository for all project related correspondence. EnerGov can generate a variety of reports that allow staff, supervisors and managers to monitor and track productivity and to ensure timely delivery of work products. SECTION 9 Sept. 27, 2022 Item #5 Page 88 of 92 40 41 City of Carlsbad Code Enforcement Case Prioritization and Process Guide SECTION 10 Appendix EnerGov Case Processing Tasks TASK NAME DESCRIPTION TASK CATEGORY ASSIGNER ASSIGNEE Admin Admin: Case assignment Staff assigns the case to the appropriate Code Enforcement officer Admin Admin Staff Code Enforcement Officer Admin: Close case Close the case when violation resolved Admin Code Enforcement Officer Code Enforcement Officer Admin: Referral response Track status of responses/compliance dates from city Admin Admin Staff Admin Staff Admin: Check Status Track compliance status of case Admin Code Enforcement Officer Code Enforcement Officer Meetings Meeting: Property owner Meet with responsible party to discuss status/next steps Meeting Code Enforcement Officer Code Enforcement Officer Meeting: Supervisor Meet with the supervisor to discuss case and review notice of violation or citation Meeting Code Enforcement Officer Code Enforcement Officer Meeting Meet with Community Development to discuss violation and possible solutions Meeting Code Enforcement Officer Code Enforcement Officer Meeting: Outside agency Task to meet with outside agencies to discuss violation and possible solutions Meeting Code Enforcement Officer Code Enforcement Officer Meeting: Project Issue Resolution Schedule a Project Issue Resolution Meeting Meeting Code Enforcement Officer Code Enforcement Officer Meeting: City Attorney Consult the City Attorney on legal issues Meeting Code Enforcement Officer Code Enforcement Officer Investigations Investigation: Site inspection Site visit to visually inspect the alleged violation Investigation Code Enforcement Officer Code Enforcement Officer Investigation: Follow up Research and confirm compliance with corrective action followed Investigation Code Enforcement Officer Code Enforcement Officer Investigation: Research Review past records and approvals Investigation Code Enforcement Officer Code Enforcement Officer Sept. 27, 2022 Item #5 Page 89 of 92 41 Code Enforcement Case Prioritization and Process Guide City of Carlsbad SECTION 10 TASK NAME DESCRIPTION TASK CATEGORY ASSIGNER ASSIGNEE Notices Notice: Site Inspection Request Issue a site inspection request form Enforcement Action Code Enforcement Officer Code Enforcement Officer Notice: Courtesy Notice Issue a letter to the responsible party asking for voluntary compliance per the template Enforcement Action Code Enforcement Officer Code Enforcement Officer Notice: Stop Work Order Issue a Stop Work Order Enforcement Action Code Enforcement Officer Building Inspector Notice: Notice of Violation Issue a notice of violation Enforcement Action Code Enforcement Officer Code Enforcement Officer Notice: First Admin Citation Issue an administrative citation when responsible party fails to timely make required correction action(s) Enforcement Action Code Enforcement Officer Code Enforcement Officer Notice: Second Admin Citation Issue an administrative citation when responsible party continues to fail to comply with corrective action(s) in first administrative citation Enforcement Action Code Enforcement Officer Code Enforcement Officer Notice: Third Admin Citation Issue an administrative citation when responsible party continues to fail to comply with the corrective action(s) Enforcement Action Code Enforcement Officer Code Enforcement Officer Notice: Closure Letter Prepare a letter to appropriate parties closing the case Enforcement Action Code Enforcement Officer Admin Staff Hearings Hearing: Administrative Confirm administrative hearing date with admin staff Hearing Admin Staff Admin Staff Hearing: Planning Commission Confirm Planning Commission hearing date with admin staff Hearing Code Enforcement Officer Code Enforcement Officer Hearing: City Council Appeal Confirm City Council hearing date with admin staff Hearing Code Enforcement Officer Code Enforcement Officer Sept. 27, 2022 Item #5 Page 90 of 92 Community Development Department 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.govSept. 27, 2022 Item #5 Page 91 of 92 CaliforniaCoastalZone T A MARACKAV PALO M A R A IR POR T RD LA COS TA AV P O IN S E T T I A LNCARLSBADBL PO I N SET T I A LN C A R L S B A D V IL L A G E DRCARLSBAD BL OLIVENHAIN R D ALGA RD C O L L EGEB LCANNONRD T A M A R A C K AV ELCAMINO REAL RAN C H O S A N TAFERDM E L ROSEDRAVI ARAPY PACIFIC OCEAN BUENA VISTA LAGOON AGUA HEDIONDA LAGOON BATIQUITOS LAGOON 01Miles Coastal Zone Location Map City of Carlsbad Document Path: J:\Requests2010Plus\Library\5379132_14\CoastalZoneBndy_8x11.mxd Exhibit 5 Sept. 27, 2022 Item #5 Page 92 of 92