(A) Pursuant to Cal. Health and Safety Code § 17951, and any successor statute thereto, responsible persons, who cause, allow or maintain a violation in, or upon, residential properties, shall be charged fees (hereafter “code enforcement fees”) by the city to defray its costs of code enforcement actions, as hereafter defined. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the city’s code enforcement actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the initiation of such proceedings.
(B) The amount(s) or rate(s) of code enforcement fees for city personnel time and other resources that are used for code enforcement actions shall be established, and may thereafter be amended, by resolution by the City Council.
(C) The City Manager, or a designee thereof, is authorized to adopt regulations for the uniform imposition of code enforcement fees, and for related administrative actions pertaining to such fees.
(D) The fees imposed pursuant to this section shall be in addition to any other fees or charges that responsible persons may owe in accordance with any other provision of the code, or which are imposed pursuant to county, state or federal laws or regulations.
(E) Code enforcement fees shall be recoverable in conjunction with any civil, administrative or criminal action to abate, cause the abatement, or cessation of, or otherwise remove, a violation or a public nuisance.
(F) Failure to pay code enforcement fees shall constitute a debt that is collectible in any manner allowed by law.
(G) As used in this section, the following words or phrases shall have the following definitions:
CODE ENFORCEMENT ACTIONS. Shall mean and include, but not be limited to, the time and other resources of public officials expended by them in identifying, inspecting, investigating, seeking or causing the abatement of a violation at a residential structure. These include, but are not limited to, site inspections, drafting reports, taking photographs, procuring other evidence, engaging in meetings, conferences and communications with responsible persons, their agents or representatives, concerning a violation, as well as with attorneys for the City at any time, and appearances before judicial officers or reviewing authorities during the pendency of a judicial or administrative proceeding and other appearances at such judicial or administrative hearings. The time and resources that public officials further expend to confirm that a residential structure remains free of a violation while a responsible person is on probation to a court or when a matter concerning a residential structure remains pending before a reviewing authority in an administrative action, shall also constitute code enforcement actions.
RESIDENTIAL STRUCTURES. Shall mean and include all structures and premises that are regulated by the California State Housing Law [Cal. Health and Safety Code, Division 13, Part 1.5, Section 17910 et seq.], and any future amendments thereto. These include, but are not limited to, apartment houses, hotels, motels, and dwellings, and residential buildings and structures accessory thereto.
VIOLATION. A public nuisance as described or referred to in this chapter, or any condition, activity or use that is caused, allowed to exist, or maintained (whether due to an affirmative act, or inaction) by a responsible person in violation of any other provision, regulation, or requirement of the code, or any applicable county state or federal laws or regulations.
(Ord. 2007-20 § 2 (part), 2007)
