Chapter 1.14 ADMINISTRATIVE ENFORCEMENT
Section 1.14.120 Decision of the hearing officer and administrative order.
A. Within ten days following the conclusion
of the hearing, the hearing officer shall make a
decision regarding the issues presented during the course of the hearing, and the decision shall be
based on a preponderance of the evidence. After making its decision, the hearing officer may
issue an administrative order. If the hearing officer finds that no violation occurred, that the
violation was corrected within the specified time period, or that the person cited is not the
responsible party, the administrative order shall reflect those facts.
B. The responsible party and any interested
party requesting a copy of an administrative
order shall be served with a copy of said order in the same manner as used for service of a notice
of hearing as described in Section 1.14.110(B)(1) of this chapter. Proof of service of the
administrative order shall be certified by a written declaration under penalty of perjury executed
by the person effecting service, declaring the date, time, and manner that service was made.
C. An administrative order shall become
effective and enforceable immediately after
announcement or service of such order unless the order includes a later effective date. It shall
include a statement of the right to have the order judicially reviewed in the manner and in the
timeframes specified in Section 1.14.130 of this chapter.
D. An administrative order may include
any combination of the following remedies:
1. Impose a penalty, subject to Government
Code Sections 36900(b) and 53069.4;
2. Issue a cease and desist
order requiring the responsible party, or any agent,
representative, employee, or contractor of the responsible party, to immediately stop any act,
conduct, or condition, that is a violation of this code. A cease and desist order issued pursuant to
this section shall be effective upon issuance and shall be served on the responsible party in the
manner specified in Section 1.14.040(B) of this chapter;
3. Require the responsible party to
correct or eliminate any violation, including a proposed
schedule for correction or elimination of said violation within a reasonable time. If a violation
pertains to building, plumbing, electrical, or any other structural or zoning issues and the
violation does not create an immediate threat to health or safety, the responsible party shall be
provided at least fifteen calendar days to correct, abate, or otherwise remedy the violation;
4. Require the responsible party,
or authorize city, to restore a site or location that has been
damaged or disturbed as a result of a violation of this code to a previolation condition. Any order
authorizing city to undertake restoration efforts shall include provisions for the city to recover all
restoration costs and expenses, including administrative expenses, from the responsible party;
5. Require the responsible party,
or authorize the city, to mitigate any damage or disturbance
to protected or environmentally sensitive areas as a result of any violation, including without
limitation, off-site replacement of damaged or destroyed natural resources where on-site
restoration or mitigation is not feasible, as determined by the city. Any order authorizing the city
to undertake mitigation efforts shall include provisions for the city to recover all costs of
abatement, including mitigation costs and expenses, from the responsible party;
6. Impose conditions that restrict
or regulate the development of, use of, or activity on real
property where a nexus exists between the violation(s) and the development, use or activity.
Conditions may be imposed until the violations are fully abated. Restrictions and regulations on
current or future development, use or activity may include site restoration and/or the suspension
or revocation of any entitlements issued by city;
7. Authorize the city to abate or
cause the abatement of a nuisance condition where the
responsible party has refused or has otherwise neglected to take steps to correct or eliminate said
conditions. The administrative order shall specify that if the city undertakes to abate or eliminate
any nuisance condition as provided in Section 1.11.030 of the code, the city shall be entitled to
recover all costs of abatement incurred in performing such work and other costs necessary to
enforce the order. Such costs may be recovered by the city as a personal obligation and/or
through a lien or a special assessment on the affected property as provided in Section 1.14.160 of
this chapter;
8. Sustain, modify, or overrule an
abatement order issued by an enforcement officer;
9. Any other order or remedy that
serves the interests of justice.
E. The city may seek to enforce any
administrative order by confirmation from a court of
competent jurisdiction. Any administrative order that is judicially confirmed may be enforced
through normal enforcement measures, including without limitation, criminal contempt
proceedings upon a subsequent violation of such order. (Ord. 651 § 2 (part), 2005)
1.14.120