Chapter 2.90



CIVIL COST RECOVERY OF ADMINISTRATIVE COSTS

2.90.010 Purpose.
2.90.020 Violations declared to be nuisances.
2.90.030 Definitions.
2.90.040 Administrative fees.
2.90.050 Notice of violation or correction.
2.90.060 Notice of administrative fee confirmation hearing.
2.90.070 Confirmation of administrative fees.
2.90.080 Enforcement of administrative fees.
2.90.090 Alternative enforcement.


2.90.010 Purpose.


A. The council finds and determines that there is a need to recover administrative costs incurred by city personnel who spend considerable time inspecting and reinspecting properties throughout the city in an effort to abate conditions on properties which constitute a nuisance and a violation of this code or any state statutes or regulations that the city is authorized to enforce.

B. The council further finds and declares that an appropriate method to recover costs incurred for additional inspections made by city personnel to determine if violations have been corrected is the imposition of an administrative fee. The collection of administrative fees shall not preclude the imposition of any administrative or judicial civil or criminal penalties or fines for violations of this code or state statutes. (Ord. 5030 º 2, 1993: prior code º 2-70)

2.90.020 Violations declared to be nuisances.


In addition to the penalties herein provided, any conditions caused or permitted to exist in violation of any of the provisions of this code shall be deemed, and is declared to be, a public nuisance and may be, by this city, summarily abated as such. (Ord. 5030 º 3, 1993: prior code º 2-71)

2.90.030 Definitions.


For the purposes of Sections 2.90.010 through 2.90.090, the following definitions shall apply:

"Director" means and includes, but shall not be limited to, the city clerk, fire chief, police chief, the division heads of the following city departments: community development and housing, planning, public service, public works and any of their designated agents and representatives. It also includes division heads and designated agents and representatives of successor departments, if any.

"Enforcement officer" means any person authorized by the city to enforce violations of this code, state statutes or regulations that the city is authorized to enforce.

"Hearing officer" means the city manager or duly authorized representative.

"Other responsible person" means any person occupying, possessing, holding or residing on the property at the time of violation.

"Property owner" means the owner of record based on the county assessor's records or any person with legal, financial or equitable interest in the property at the time of violation. (Ord. 5030 º 4, 1993: prior code º 2-72)

2.90.040 Administrative fees.


A. Any property owner or other responsible party violating any provision of this code, or state statutes or regulations the city is authorized to enforce, may be notified by an enforcement officer of the existence of any violation(s) and shall be given a notice of violation or correction which shall include a deadline by which to abate the violation.

B. Reinspections may be made by enforcement officers to determine whether the violation has been abated.

C. Administrative fees to recover the costs of abating violations of this code are authorized to be charged to the property owner or other responsible party where a notice of violation or correction has been presented to the property owner or other responsible party and abatement has not been undertaken as determined by one follow-up inspection. Administrative fees shall apply to the second inspection after notice of violation or correction and to all other follow-up inspections thereafter.

D. Administrative fees shall be charged in amounts established by resolution and shall include the actual cost of inspections or abating violations of this code or other state statutes or regulations that the city is authorized to enforce. The schedule for such fees shall remain on file and be available with the city clerk of the city. The appropriate division head shall review the fees charged for such reinspections at least once annually, and shall, with the approval of the city manager, recommend changes to the council when the costs for such reinspections make it appropriate.

E. Administrative fees shall be assessed at the conclusion of the abatement. (Ord. 5030 º 5, 1993: prior code º 2-73)

2.90.050 Notice of violation or correction.


A. The enforcement officer shall notify the property owner and any other responsible person identified as causing the violation, of the existence of a violation by a written notice of violation or correction.

B. The notice of violation or correction shall include the following information:

1. The sections of this code, state statute or regulation in violation;

2. A notice to correct the violations;

3. A deadline by which the violations must be corrected;

4. An explanation that administrative fees will apply if the violations are not corrected by the deadline.

C. The enforcement officer shall deliver the notice of violation or correction by any of the following means:

1. Posting the notice conspicuously on or in front of the property on which the violations are located; or

2. Personal service; or

3. Regular mail, postage prepaid.

D. The failure of any property owner or person identified as causing the violation to receive notice shall not affect the validity of any fees imposed under this section.

E. Notice by mail in the manner described above shall become effective on the date of mailing. Notification by personal service or posting shall become effective on the date of personal service or posting. (Ord. 5030 º 6, 1993: prior code º 2-74)

2.90.060 Notice of administrative fee confirmation hearing.


A. At the conclusion of abatement, the appropriate city departments shall provide the property owner or person identified as causing the violation with written notice containing the following information:

1. The amount of fees charged;

2. The dates when reinspections took place;

3. A deadline by which the administrative fees must be paid; and

4. The notice of administrative fee shall be delivered to the property owner or person identified as causing the violation by any one of the means specified in subsection C of Section 2.90.050. (Ord. 5030 º 7, 1993: prior code º 2-75)

2.90.070 Confirmation of administrative fees.


A. If administrative fees are not paid, the property owner or other responsible person shall be notified of the time and place fixed for the administrative fee confirmation hearing.

B. At the time and place fixed for confirming the administrative fees, the hearing officer shall review the notice of administrative fees and hear all relevant testimony, review relevant documents or exhibits, and hear objections or protests raised by any of the persons liable to be assessed for said fees. The confirmation hearing shall not be limited by the technical rules of evidence. Upon a determination of good cause, the administrative fees may be sustained, modified or waived. Any sustained or modified fees shall be confirmed by the hearing officer. The fees may be modified or waived by the hearing officer according to any one or more of the following standards:

1. The evidence reveals there was an error of fact regarding the existence of the violations or the number of inspections conducted, or both.

2. Extraordinary circumstances beyond the control of the property owner or other responsible person made it impossible for the violations to be remedied by the time required for compliance.

3. The property owner or other responsible party has income at or below the "very low income" level according to the U.S. Department of Housing and Urban Development, requests a modification or waiver of administrative fees, and has no previous record of violations.

4. The evidence reveals that there are extraordinary circumstances beyond the control of the property owner or other responsible party which justify a modification or waiver of the administrative fees.

5. The property owner or other responsible party abates a violation within two weeks of the delivery of the notice of violation or correction and has no previous record of violations.

C. A notice of the confirmed administrative fees shall be delivered to the property owner or other responsible person identified as causing the violation by any one of the means specified in subsection C of Section 2.90.050.

D. The decision of the hearing officer is final and conclusive. Pursuant to the Code of Civil Procedure Section 1094.6, any action to review the hearing officer's decision shall be commenced not later than the ninetieth day after delivery of the decision. (Ord. 5030 º 8, 1993: prior code º 2-76)

2.90.080 Enforcement of administrative fees.


A. The confirmed administrative fees shall constitute a special assessment against the respective lot or parcel of land to which it relates; and, after its recordation in the office of the Los Angeles County recorder, shall constitute a lien on the parcel in the amount of the assessment to be collected on the next regular property tax bill levied against the parcel.

B. As an alternative to the procedure authorized by subsection A of this section, the city may pursue any remedy provided by law for collection of the unpaid administrative fees. (Ord. 5030 º 9, 1993: prior code º 2-77)

2.90.090 Alternative enforcement.


A. The provisions of this chapter are nonexclusive and supplementary to existing rights and remedies. Nothing in this chapter shall prevent the city from commencing any appropriate action to abate a nuisance, nor shall anything in this chapter be deemed to prevent the city from commencing a criminal action with respect to the violation.

B. If the city commences an action to abate a nuisance, the city may recover its costs and attorney's fees as part of the judgment which may be recorded as an assessment against the property and constitute a lien thereon. This section grants specific authority to any court of competent jurisdiction to grant an award of costs and attorneys' fees in favor of the city. This section for recovery of attorneys' fees may be used alternatively to, or in conjunction with, the procedures set forth above; however, in no event may the city obtain a double

recovery. Failure of a court to award attorneys' fees as part of a judgment does not preclude the city from assessing costs against the property pursuant to the procedures set forth above. (Ord. 5030 º 10, 1993: prior code º 2-78)