HomeMy WebLinkAbout04-10-2012 b2 neighborhood wellness update procedural reviewcounci l
A agenda aepont
C I T Y O F S A N L U I S O B I S P O
FROM :
Derek Johnson, Community Development Directo r
Prepared By :Tim Girvin, Chief Building Officia l
SUBJECT :NEIGHBORHOOD WELLNESS UPDATE AND PROCEDURAL REVIE W
RECOMMENDATION
1)Receive an update regarding the status of the Neighborhood Wellness Major City Goal ;
and
2)Adopt a Resolution amending the Administrative Citation Guidelines to implemen t
proactive code enforcement ; and
3)Adopt an Ordinance to amend Municipal Code Section 1 .24 - Administrative Citations .
REPORT-IN-BRIE F
During the 2011-13 budget adoption process, City Council adopted a Neighborhood Wellnes s
Major City Goal . The objective of the goal is to "Embrace and implement proactive cod e
enforcement and Neighborhood Wellness Policies ."Three departments have been assigned t o
achieve this goal : Police, Public Works and Community Development, which is the lea d
department . The City Attorney's Office also has been involved in assisting the thre e
departments .
This report updates Council regarding progress to implement the Neighborhood Wellness Actio n
Plan, including community outreach efforts, and proposes changes to the Administrative Citatio n
Guidelines and Municipal Code to align City policy with proactive enforcement . These
amendments are being proposed after an intensive legislative review of the code enforcemen t
policies, procedures, and processes .
DISCUSSIO N
Neighborhood Services Specialists Hire d
During the 2011-13 budget adoption process, Council adopted the Neighborhood Wellnes s
Major City Goal . The Council directed staff to develop a robust enforcement program utilizin g
additional resources . Two Neighborhood Services Specialist positions were added to th e
Community Development Department and job descriptions were tailored to focus enforcemen t
activity in neighborhoods . These Neighborhood Service Specialists will enforce th e
Neighborhood Enhancement Ordinance and address neighborhood parking problems on privat e
property and coordinate other neighborhood issues with City departments such as Police, Fir e
and Public Works . The Neighborhood Wellness Goal Action Plan indicated that a half-tim e
Meeting Date
April 10, 201 2
Item Number
B2
Neighborhood Wellness Update Report
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Parking Services Officer would be added to Public Works for weekend parking enforcement i n
neighborhoods . This position and other Parking Services Officers have been cross-trained an d
will augment efforts to enforce property maintenance standards both during the week and on th e
weekends .
Code enforcement is a tool to achieve the Neighborhood Wellness Goal that many loca l
governments consider essential for accomplishing community goals, such as protecting propert y
values and rights, the environment, community identity, safety, and wellness . Traditionally, i t
has been a process whereby local governments use various techniques to gain compliance wit h
land use, building, fire, and zoning ordinances and codes .
Enforcement Responsibility
In an effort to improve effectiveness and efficiency of the City's code enforcement progra m
aimed at the Neighborhood Wellness Goal, responsibility for enforcement of all Neighborhoo d
Enhancement Ordinance (NEO) violations was consolidated into the Community Developmen t
Department . This work was previously overseen by the Police Department via the Studen t
Neighborhood Assistance Program (SNAP). This shift aligns and centralizes code enforcemen t
under one department, which allows for more coordinated and streamlined enforcement .
Specifically, the focus of the Neighborhood Service Specialists includes :
1.Property maintenance (NEO violations) and trash receptacle storage .
2.Referring illegal conversions of non-habitable space to living areas to a Cod e
Enforcement Officer .
3.Fence height violations .
4.Referring unpermitted fraternities and sororities and "satellite houses" to a Code
Enforcement Officer .
5.Front yard parking violations .
Enforcement of noise violations will remain with the Police Department using SNAP personne l
for warnings and Police Officers for citations .
The new Neighborhood Services Specialists will coordinate enforcement issues with SNAP staf f
and the Parking Services Officer, which will be devoted to neighborhoods on weekend days .
Because of the greater flexibility in their schedules, SNAP personnel will continue to provid e
neighborhood parking district enforcement primarily during the nighttime hours and o n
weekends . The new half-time Parking Services Officer will work primarily during the daytim e
hours on weekends to enforce on-street parking violations . Ultimately, there will be
coordination of effort between departments to ensure compliance with the property maintenanc e
standards . SNAP and Parking Services personnel will be able to document weekend NE O
violations and refer them to the Neighborhood Services Specialists for follow-up .
Another code enforcement issue not identified in the initial work program has also been shifte d
from the Police Department to the Community Development Department . Enforcement o f
abandoned vehicles located on private property has been transferred to the Community
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Development Department due to the elimination of a Field Services Technician position in th e
Police Department .
The effective date of transferring NEO responsibilities and abandoned vehicle enforcement t o
Community Development Department will occur on May 1, 2012 which will allow enough tim e
for training of new employees and cross-training with Parking Services and SNAP personnel .
The following table shows the distribution of neighborhood code enforcement responsibilities .
Department Responsibility Personnel (FTE )
CDD NEO, Property Maintenanc e
Standards,
Building
and
Zoning
Code
Violations ,
Illegal
Front
Yard
Parking,
Abandoned Vehicles .
2 .0
Code
Enforcemen t
Officer s
2 .0
Neighborhood Servic e
Specialists
Public Works Parking
Enforcement ,
document
and
refer
NE O
violations .
1 Parking Services Officer '
PD Noise
violations,
residential
parking districts enforcement ,
document
and
refer
NE O
violations .
3 .2 FTE SNAP
With the recent departure of the Neighborhood Services Manager (NSM), the Administrativ e
Assistant for the Police Chief is currently carrying out the responsibilities of the NSM in a n
interim capacity while the job classification and responsibilities are assessed and refined in ligh t
of the addition of the Neighborhood Services Specialists .
Neighborhood Services Team (NST )
Neighborhood group involvement is critical as they provide ongoing feedback about proble m
areas, issues, and program effectiveness . The Neighborhood Services Team, comprised o f
representatives from Fire, Police, Traffic, Community Development, Ranger Services, Utilities ,
and Parking, is being evaluated for ways to improve responsiveness to community needs an d
maximize involvement of community representatives . To improve effectiveness, th e
Neighborhood Services Manager and the Neighborhood Services Specialists will meet monthl y
with neighborhood groups to address specific concerns and receive ongoing feedback abou t
enforcement . The NST will meet quarterly to give updates and discuss solutions for curren t
challenges .
Community Outreac h
This section provides a summary of the completed and planned efforts for community outreac h
regarding the policy shift to proactive enforcement .
'A total of I (FTE) Parking Services Officer (2 .5 FTE's) is dedicated to neighborhood and residential parkin g
district enforcement . A total of 4 .0 Full-time equivalent Parking Services positions are employed by the City .
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A key component of the Neighborhood Wellness Goal is public outreach and education whic h
began in early March, prior to the proposed May 2012 milestone for proactive enforcement .
Proactive enforcement will result in more contact with the community and may result i n
complaints from residents subject to enforcement actions . An information and education
campaign is essential to provide residents with an opportunity to learn about the new progra m
and understand the implications of a transition to proactive enforcement .
Initial preparation for the outreach effort started with a review of existing outreach an d
educational materials . These materials were primarily brochures and information located on th e
City's website . Staff has updated this information to include new brochures, flyers, door hanger s
and visual presentations which can be used during community meetings and also air on th e
City's public access channel — Channel 20 . Staff has enhanced outreach materials to includ e
topic specific flyers and messaging to be mailed with utility and solid waste bills to rais e
awareness about code requirements and the shift to proactive code enforcement . Examples of
revised materials are included in the Council reading file .
Staff has also leveraged relationships with Residents for Quality Neighborhoods (RQN) and th e
Student Community Liaison Committee (SCLC) to focus messaging, raise awareness, an d
discuss code requirements . Staff will continue to work with different community groups to fin e
tune the program in response to concerns and code issues . The City has a valuable partnershi p
with SCLC which is used as a forum to educate and explore neighborhood issues with Cal Pol y
and Cuesta students . SCLC participation has included progress updates and continuing efforts t o
prepare students for the transition into local neighborhoods . The goal is for all community
members to become aware of the City's property maintenance standards and the enhance d
enforcement efforts that will begin in May 2012 .
Public outreach efforts made to date include :
•Property Maintenance Standards PowerPoint on Channel 2 0
•Garbage bill inserts through San Luis Garbage Co . explaining waste containe r
regulations .
•Code Enforcement website enhancements including new webpage :"Code Enforcemen t
FAQs"This will include a link from the main City web page .
•Individual property maintenance standard fact sheets .
•Neighborhood Wellness presentation at Student City Liaison Committee .
•Staff attendance at Residents for Quality Neighborhoods meeting .
•Staff meeting with Cal Poly ASI Leadership Team .
Future outreach includes :
•Utility bill inserts-"Are you a Good Neighbor?"brochure .
•Informational ads for placement in SLO Tribune, Mustang Daily, Cuestonian (Apri l
2012).
•Staff attendance at Cal Poly Open House (April 14, 2012).
•Staff attendance at Thursday Night Promotions Farmers Markets (Summer 2012).
•Presentation to Cal Poly freshmen as they transition from campus living to residin g
within City neighborhoods .
B2-4
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• Waste can labels for placement on waste containers stored improperly and for ne w
accounts .
The initial outreach efforts which began in mid-March also include the placement of outreac h
materials at residences which were in violation of City ordinances . During the patrol of
neighborhoods, "Courtesy Reminder" door hangers are placed at properties with common NE O
violations . The Courtesy Reminders are bright yellow and list eight of the most common fron t
yard violations ; a box is checked noting which violation needs to be addressed . The bottom o f
the door hanger notifies residents of the implementation date for full enforcement efforts and tha t
future violations will result in citations and fines . A phone number and website link is also liste d
so residents can obtain more information about the program . The door hanger is included in th e
Council reading file .
Legislative Review
Staff has worked extensively with the City's Attorney's Office to perform a legislative review o f
the current code enforcement practices, process and notifications . Chapter 1 .24 of the Municipal
Code authorizes the City to issue Administrative Citations for code violations . The authority for
issuing Administrative Citations was originally implemented approximately 10 years ago .
Proposed Ordinance Amendment s
In evaluating the existing legislative framework for resolving code violations, it became apparent
that changes were needed to shift to a proactive code enforcement program and expedit e
compliance and clarify opportunities for appeals . The City's current philosophy is to see k
voluntary compliance and provide extended time periods to resolve violations . Staff's approac h
to implementing this philosophy meant that the voluntary resolution of code enforcement case s
often took an excessive amount of time . This voluntary compliance philosophy was time an d
resource intensive and frustrated persons who complained and were distressed by on-goin g
violations . Administrative citations were only used for the most egregious violations or
uncooperative offenders .
Proposed amendments to the Ordinance would modify the language to shorten the timeframe t o
impose administrative fines after a reasonable period has been afforded to voluntarily resolv e
identified violations . Staff recommends this policy change in order to shift to a proactiv e
enforcement program . Attachment 5 compares the current code abatement timeline to th e
proposed timeline . This timeline reflects staff recommendations to allow 10 days to lapse prio r
to escalating code enforcement efforts . The proposed changes are consistent with Californi a
Government Code §53069 .4 (2)2 which requires local agencies to provide a reasonable amoun t
2 The administrative procedures set forth by ordinance adopted by the local agency pursuant to paragraph (1) shal l
provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuin g
violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties ,
when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do no t
create an immediate danger to health or safety .
Neighborhood Wellness Update Report
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of time for a person to correct, or otherwise remedy the violation, prior to the imposition o f
administrative fines or penalties .
Staff's recommendation to allow a 10-day grace period is comparable to the time allowance fo r
appeals to be filed for all other matters subject to the Director's review, so the recommende d
change will improve consistency of current department practices . The 10-day minimum will b e
the maximum amount of time allowed to correct low level code violations enforced b y
Neighborhood Services Specialists .
Alleged code violations identified by Code Enforcement Officers are typically more comple x
(i .e . illegal unit, garage conversion, unpermitted structures, etc .) and often require the assistanc e
of a contractor or design professional . A minimum of thirty days is proposed befor e
Administrative Citations are issued for these types of cases .
As always, the City will use discretion when additional time is needed and the property owner i s
taking active steps to correct a code violation . Compliance is always the goal of enforcement ,
when an owner indicates by actions (i .e . submitting permits, evidence of preparing plans, cod e
abatement agreement, etc .) that they are actively working towards compliance, the timeline o r
actual imposing of fines may be suspended at the discretion of the Community Developmen t
Director .
The revised procedure also highlights the option to appeal the interpretation of the Code Officia l
to the Community Development Director . This will give the owner an opportunity to offe r
additional documentation or reasoning why they believe their business or property is not i n
violation . This is a proposed to be a "no cost" action for clarification of issues that will b e
followed up with a Notice of Decision, issued by the Director . This practice is available t o
appellants today, but not formalized .
The Director's decision may be appealed to an appropriate board, such as th e
Construction/Housing Board of Appeals or the Planning Commission .3 To appeal the Director's
decision to the appropriate board, a $261 .00 fee applies . The determination of the appropriat e
board will also be followed up with a Notice of Decision . The Board's determination i s
appealable to the City Council . The Council's decision can be appealed to the courts .
If compliance is not achieved, and the code interpretation has not been appealed within 10 days ,
a second notice will be sent, this is called a Notice of Violation . The Notice to Correct an d
Notice of Violation letters sent to the property owner will include photographs of the violatio n
and an Investigation Report of the initial inspection . Once a Notice of Violation has been issued ,
the Code Official's interpretation shall be deemed final . At this point a $314 .00 cod e
enforcement fee will be assessed to the case . The new procedure also proposes enclosing th e
first Administrative Citation with the Notice of Violation . Failure to correct the code violatio n
by the compliance date given would result in the Administrative Citation being forwarded to th e
Finance Department for collection of the fine . An illustration of the code enforcement proces s
3 Alleged building code violations are heard by the Building Appeals Board, the Planning Commission consider s
alleged zoning code violations .
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and flow charts for each distinct type of case and appeal is included in the draft procedur e
manual located in the Council reading file .
Administrative Citation Guideline s
As part of this update, staff is proposing amendments to the Administrative Citation Guidelines ,
to bring these guidelines into alignment with proposed ordinance changes consistent with th e
Major City Goal . Proposed amendments to the Administrative Citation Guidelines are generall y
as follows :
1)Clarify and change noticing requirements .
2)Reduce the timeline from 30 to 10 days or a reasonable amount of time necessary to abat e
NEO violations and 30 days for Building Code or complex Zoning Code violations .
3)Implement a right to review/appeal process of the interpretation of the code .
Administrative Citation &Fines
Resolution 9366 authorizes the City to collect Administrative Citation fines for violations of Sa n
Luis Obispo Municipal Code . The Resolution states :
"Violations shall be punishable by an administrative fine in the amount of
$100.00 for each violation . Second and third violations within twelve months of
the first violation shall be punishable by fines in the amount of $200 .00 an d
$500 .00 respectively. Each day the violation of this code exists shall be a
separate and distinct violation and may be subject to a separate administrativ e
fine "
Staff proposes to keep the fee schedule the same for all violations enforced by Cod e
Enforcement and Neighborhood Services . It has been staff's experience that significant fine s
encourage a higher percentage of compliance . Historically, staff would typically issue a one -
time administrative fine rather than daily fines . The new process proposes to continue to issu e
one time fines for the first and second citation and impose daily fines for code enforcement cas e
that reach the third citation level ($500 per day).
Property owners who do not respond to the Notice to Correct will be subject to a $314 cos t
recovery fee . The purpose of the fee is to partially recover some costs for abating lingerin g
problems and to create a compliance incentive . Based on Resolution 9558 (2004 Series) th e
City's code enforcement program is authorized to recover some costs associated with on-goin g
code enforcement violations . The legislative review has confirmed that this fee is i n
conformance with Proposition 26 ; therefore a new fee resolution is not necessary . However, th e
cost recovery fee can only apply to building and zoning code violation cases, not NEO relate d
enforcement activities .
At the March 21, 2012 RQN meeting, RQN members voiced concerns that current fines may b e
too high for NEO violations . There was concern regarding potential response that coul d
undermine the enhanced enforcement efforts . Additionally, there was concern there may not be
Neighborhood Wellness Update Report
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a good nexus of proportionality regarding these property maintenance types of violations and th e
seemingly high citation fines that would be assessed . Although the current fine amount staff
recommends for NEO violations is in compliance with Government Code §53069 .4, staff ha s
included an alternate citation fine structure for NEO violations for Council's consideration . Th e
proposed resolution and fee schedule offer reduced Administrative Citation fines of $50 for a
first violation, $100 for a second and $200 for third violations occurring within a twelve mont h
period . Council can consider this option which is discussed as Alternative 2 and may be adopted
by the resolution provided as Attachment 6 .
Elimination of 72-Hour Notice Propose d
Currently, the Municipal Code Section 17 .17 .040 (Visible storage and maintenance), 17 .17 .05 0
(Front yard paving), 17 .17 .060 (Furniture on roofs), and 17 .17 .070 (Broken or Dilapidate d
Fences) must be present on a property for 72 hours before the issue can be determined to be in
violation. To enforce these sections, staff would need to find the violation, post a warning, and
then return 72 hours later to determine that a violation exists . This process is different than al l
other code violation processes and it results in multiple grace periods where the obviou s
violation cannot be identified until the 72 hour time period has lapsed . These four propert y
maintenance standards seem very similar to other NEO violations as far as severity of violatio n
so staff is recommending removal of the 72 hour provision . There are proposed zoning ordinanc e
modifications already in process related to front yard parking standards, which will be reviewe d
first by the Planning Commission and then the City Council as soon as May 2012 . Staff i s
proposing to delete this 72 hour provision as part of the zoning ordinance changes . The zonin g
amendments and the proposed changes in code enforcement procedures will allow a single 1 0
day warning period for all code violations ; however, subsequent violations of the same code
provisions within a twelve month period would then be subject to immediate fines and will no t
require posting another warning . These zoning amendments are scheduled for a Council hearin g
on May 15, 2012 .
This change will allow Neighborhood Services to have a consistent process for all cod e
violations . However, staff always reserves the right to use discretion for circumstances where a
temporary violation of the property maintenance standards is warranted to facilitate a temporar y
activity . An example of this discretion would be when furniture placed outside is intended fo r
collection by Goodwill or some maintenance activity such as painting or carpet cleaning whe n
the activity is for a limited duration and reasonable purpose .
Other Procedural Changes - Changes to Enforcement Practice s
Parking in the Yard
Historically, violations of parking in the yard were enforced by Parking Services and SNAP .
Staff would confirm the violation and issue a parking ticket to the vehicle for the violation . Th e
City Attorney's office has reviewed this procedure and determined a change in practice mus t
occur since the violation of parking in the front yard is a zoning violation and not a violation o f
the vehicle code . No Council action is required to change this procedure, since Staff is adjustin g
the process to use zoning violation enforcement procedures rather than issue a citation under the
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vehicle code . Proposed zoning ordinance changes related to front yard parking will be heard b y
the City Council on May 15, 2012 .
Procedural Chang e
Now, when a parking violation is observed on private property, a Neighborhood Service s
Specialist will take a digital photograph, issue a Notice to Correct and post it on the property in a
conspicuous place . Each violation will be documented with a Notice to Correct letter and a cop y
of the Field Notice, which will have vehicle description and license number listed on it .
Because this is a Zoning Regulation violation, notices and citations will be issued to the owner o f
the property and not the vehicle owner .
The Notice to Correct will grant a one-time ten day warning period, and then Administrativ e
Citations may be issued for subsequent violations . Additional violations observed after the ten
day warning period which occur within twelve months of the original Notice to Correct letter ar e
subject to an immediate Administrative Citation .
Trash containers — Residential vs . Commercial and Multi-Famil y
Neighborhood Services will be responsible for the enforcement of storage and screening o f
residential trash, recycling and green waste receptacles . During our initial patrols o f
neighborhoods it was identified that smaller type multi-family complexes built prior to th e
requirement of trash container enclosures have a difficult time complying with storing an d
screening requirements .
As these properties are identified, a mixture of Neighborhood Services, Code Enforcement an d
Utilities Conservation staff will work with the property owners and the Integrated Wast e
Management Authority to bring these properties into compliance with the City codes .
Community Development staff has met with the Utilities Conservation Manager and th e
Operations Manager for San Luis Garbage . San Luis Garbage has committed to assist in th e
implementation of the program . One idea to reduce the number of improperly stored tras h
receptacles is to apply information stickers to trash cans found to be in violation of the Cit y
ordinance . These stickers will have the code language printed on them, informing residents ho w
to comply with the City's property maintenance standards . San Luis Garbage has also agreed t o
place these stickers on trash receptacles delivered to new accounts, as well as inserting the trash -
can informational flyer in the April and May trash bills . They will also include outreac h
information in the start-up package provided to new customers .
Staff proposes to apply these informational stickers to trash receptacles that are in violatio n
during the soft roll-out time period and evaluate the effectiveness of this outreach effort .
Specific neighborhoods with a high percentage of violations will be targeted first .
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CONCURRENCE S
Public Works, Police Department, and the City Attorney's Office have all collaborated with th e
Community Development Department to develop the proposed changes to the Administrative
Citation Guidelines and Ordinance . The proposed Administrative Citation process would appl y
to all departments who use this tool to enforce the City's Municipal Code .
FISCAL IMPAC T
This program is already funded in the 2011-2013 Financial Plan . The Financial Plan anticipate d
$81,600 in code enforcement revenues to account for increased code enforcement and relate d
fines . The estimated amount of fines was reduced to $60,000 during the review of the mid-yea r
budget which more accurately reflects anticipated revenues prior to the end of the fiscal year an d
to account for the timing and ramp up to proactive code enforcement .
The revenue generated by the additional Administrative Citations issued by Neighborhoo d
Services, Code Enforcement, and Parking Citations issued by the new Neighborhood Parkin g
Officer will not offset the cost of the new positions and associated equipment . Staff anticipate s
once citations are issued, compliance rates will substantially increase and the amount of time t o
gain compliance will be reduced .
Code enforcement authority resides with the health and safety powers of local agencies .
Enforcement of zoning, building, and other health and safety codes is not cost neutral . Fines and
forfeitures will never cover the costs for this quasi-police activity . Staff is often asked if th e
implementation of new ordinances can be funded by the fines or forfeitures . The simple answer
is that some costs will be offset, but not the entire costs of the program . The goal is not revenue ,
but rather compliance and maintenance of community and the associated health and safet y
standards that are the foundation of community wellness and neighborhoods .
Increased enforcement of code violations will likely increase the workload of the City Attorney's
office in complaints and prosecuting violations that are not corrected after initial enforcemen t
action . Staff and the City's Attorney's office will look at cost effective and resource sensitiv e
approaches to address problem cases .
ALTERNATIVE S
1)Take no action and request additional information from staff and direct changes to th e
Ordinance and Administrative Citation Guidelines . This is not recommended as it woul d
be inconsistent with the Major City Goal adopted by the City Council in the 2011-1 3
Financial Plan .
2)Adopt a fee Resolution allowing lower fees for low level code violations .
a. One of the alternatives for Council to consider is developing a differen t
Administrative Citation fee schedule for low level code violations enforced b y
Neighborhood Services . The current fees schedule is $100 for the first violation ,
$200 for the second violation and $500 for the third or more citation .
B2-10
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b . If Council considers this option, staff recommends adopting a fee resolutio n
(Attachment 6) specific to low level code violations which include all propert y
maintenance standards listed in chapter 17 .17 of the Zoning Regulations with th e
exception of 17 .17 .075 (2) and 17 .17 .075 (9). The proposed low level citation s
would result in these proposed administrative citation fines :
i.First violation
$5 0
ii.Second violation
$10 0
iii.Third or more violation
$20 0
This alternative is not recommended because of the inconsistency created with the Cod e
Enforcement fines .
ATTACHMENT S
Attachment 1 :Legislative draft of changes to the Administrative Citation Ordinanc e
Attachment 2 :Updated Administrative Citation Ordinanc e
Attachment 3 :Legislative draft of changes to the Administrative Citation Guideline s
Attachment 4 :Resolution Adopting Administrative Citation Guidelines
Attachment 5 :Code Enforcement Timelin e
Attachment 6 :Alternative Fee Resolution (Optional )
AVAILABLE FOR REVIEW IN THE COUNCIL OFFIC E
Procedure manual for updated code enforcement proces s
Public Outreach Material s
T:\Council Agenda Reports\2012\2012-04-10\Code Enforcement (Johnson-Girvin)/Neighborhood Wellness Update and Procedure Review
Attachment 1 3
ORDINANCE NO.4426 XXXX (24142-2012 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SA N
LUIS OBISPO ADDING CHAPTER 1 .24 TO TITLE ONE O F
THE SAN LUIS OBISPO MUNICIPAL CODE ADOPTIN G
ADMINISTRATIVE CODE ENFORCEMENT PROCEDURE S
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows :
SECTION 1 . Chapter 1 .24 of the San Luis Obispo Municipal Code is hereby added-amended t o
o read as follows :
Chapter 1 .24
ADMINISTRATIVE CODE ENFORCEMENT PROCEDURE S
Sections :
1 .24 .010 Purpose ; Adoption of Administrative Guidelines .
1 .24 .020 Applicability .
1 .24 .030 Definitions .
1 .24 .040 Maintaining Public Nuisances Prohibited .
1 .24 .050 Abatement of Unlawful Conditions - Notice .
1 .24 .060 Extensions of Time .
1 .24 .070 Amount of Civil Fines .
1 .24 .080 Manner of Payment - Civil Fines .
1 .24 .090 Appeal of Notice of Administrative Citation .
1 .24 .100 Hearing Procedures .
1 .24 .110 Appeal Decision .
1 .24 .120 Right to Judicial Review .
1 .24 .130 Collection of Unpaid Fines .
1 .24 .010
Purpose ; Adoption of Administrative Guidelines .
A.Purpose . The purpose of this Chapter is to enable the City, acting as a charter city pursuant to
Article XI, Sections 5 and 7 of the state Constitution, to impose and collect civil administrative fines i n
conjunction with the enforcement of provisions of this Code. Notwithstanding the provisions herein, th e
City has and shall continue to employ the philosophy of voluntary compliance when seeking complianc e
with this Code as may be required by law .Prior to the implementation ofthe enforcement policies an d
Idbusinessesconcerning th4requirements-of this Code-a+++1-#he t+++r-eeti-ve
action necessar,s to correct a violation of this Code .
B.Administrative Guidelines Approved by the City Council . Concurrently with the adoption of th e
ordinance establishing this Chapter, the City shall prepare and promulgate administrative guidelines
Ordinance No .1126 XXX (2002 2012Series )
Attachment 13
Page No .2
which shall, among other things, establish policies for providing appropriate and adequate warnings wit h
respect to possible Municipal Code violations to those persons who may receive an administrativ e
citation, to provide direction to City staff for the correct process of issuing &Noticestn Administrativ e
Citation, and to establish the proper format of the Notice ofAdministrative Citation, and for service o f
that Notice Administrative Citation in a manner consistent with the requirements of due proces s
(hereinafter referred to as the "Administrative CitationGuidelines"). Such Administrative Citation
Guidelines shall be expressly approved by a resolution of the City Council prior to their adoption .
1 .24 .020
Applicability .
A.ENFORCEMENT OF THE MUNICIPAL CODE . This Chapter makes any violation of th e
provisions of the San Luis Obispo Municipal Code, including but not limited to all uniform construction ,
fire safety and property maintenance codes adopted by reference and as amended pursuant to Title 15 o f
the Code, subject to administrative fines .
B.ADMINISTRATIVE AUTHORITY . This Chapter establishes the procedures for the imposition ,
enforcement, collection, and review of civil administrative fines pursuant to State Government Cod e
Section 53069 .4 and pursuant to the City's plenary police powers as a charter city .
C.REMEDIES NOT EXCLUSIVE . The use of the administrative enforcement remedies provide d
by this Chapter is solely at the City's discretion . By adopting this Chapter, the City does not intend t o
limit its discretion to choose the use of any other remedy, civil or criminal, or other administrativ e
procedures, for the abatement of such violations that the City may select in a particular case, includin g
procedures for the imposition of civil or criminal penalties .
D.STRICT LIABILITY OF THE OWNER . Because serious Code violations may impact publi c
health, welfare, and safety and the adequacy and safety of housing, this Chapter is intended to impos e
strict civil liability upon the owners of real property (or the owner of a business where the violation i s
caused by or relates to the operation of a business) for all violations of the San Luis Obispo Municipa l
Code which may occur in the City of San Luis Obispo regardless of the existence of specific or genera l
intent or prior knowledge of such violations and, further, regardless of any intent (or lack thereof) t o
violate the Code .
1 .24 .030
Definitions .
The following definitions apply to the use of these terms for the purposes of this Chapter :
A .ADMINIS 1 RA TAT CID I ION Document-issued tan the Director levying orassessing a .
civil fine as set by Council resolution as a penalty for a code violation . The Director shall no t
issue an_Ndminisirntiy_c (_itation pertaining to building, plumbing, electrical, or other simila r
structural or zoning violations, that do not create an immediate danger to health and safety unles s
at least ten days prior to the issuance of the Administrative Citation . the Director served an initia l
• - a Notice to Correct .
Formatted:Numbered + Level : 1 +
Numbering Style : A, B, C,... + Start at : 1 +
Alignment: Left + Aligned at : 0 .2" + Indent
at: 0.5"
B2-13
Ordinance No .1426 XXX (2002 2012Series )
Attachment 1 3
Page No.3
XXB .CODE VIOLATION . Any violation of the San Luis Obispo Municipal Code .
W .C .
DIRECTOR . The Department Head, or his or her designee, responsible for enforcing th e
Municipal Code with respect to his or her Department .
I
FD .. HEARING ADMINISTRATOR . The person appointed by the City Administrator to serve a s
the hearing officer for administrative hearings .
DE ..
ISSUED . Giving, mailing, or posting a-Notic e-+fan Administrative Citation to a person wher e
"issuance" is deemed to have occurred on the earlier of the date when a-N t-ice ofan Administrativ e
Citation is personally served on a person, the date it is mailed to a person by posting in the regular Unite d
States mail, or the date it is physically posted on real property where a property related Code violation i s
occurring .
Formatted :F . NOTICE TO CORRECT . A type of Notice of Violation,that pertains to building, plumbing, Not Highligh t
electrical, or other similar structural or zoning violations, that do not create an immediate danger to health
_
and safety . It must be issued at least ten da 's erior to issuin•an ' Administrative Citation ertainin to
Formatted :Not Highligh t
building, plumbing, electrical, or other similar structural or zoning violations, that do not create an
Formatted :Not Highligh t
immediate danger to health and safety being issued .
G.NOTICE OF ADMINISTRATIVE CITATIONVIOLATION .An official City Municipal Cod e
violation notice issued to a person(s) notifying them that they are in violation of the San Luis Obisp o
Municipal Code with respect to certain real property or the operation of a certain business .Inthe case o f
trative fine wil l
beimposed . -Subsequent notices regarding the same type of violation, within any twelve-month period ,
may be cause for imposing additional administrative fines without warning .
H.PERSON . Any of the following :
1.An individual who causes a Code violation to occur .
2.An individual who maintains or allows a Code violation to continue, by his or her action or failur e
to act in a lawful manner.
3.An individual whose agent, employee, or independent contractor causes a Code violation by it s
action or failure to act in a lawful manner .
4.An individual who is an owner of real property where a property related Code violation occurs .
5.An individual who is an owner of a business or who is the on-site manager of a business and wh o
normally works at the site when the business is open and is responsible for the activities at such premises .
For purposes of this subsection "person" includes a natural person or a legal entity including but no t
limited to, the owners, majority stockholders, corporate officers, trustees, and general partners of a lega l
entity . There shall be a legally rebuttal presumption that the record owner of a parcel as listed on th e
County's latest equalized property tax assessment rolls is the person responsible for a Code violation o n
such parcel . In addition, where applicable, a commercial lessee, sublessee, or operator of a business on a
parcel shall be presumed responsible for Code violations relating to the operation of the business (fo r
example, sign ordinance violations) on that parcel .
B2-14
Ordinance No .1126 XXX (2002 201 2 Series )
Attachment 1 3
Page No .4
1 .24 .040 Maintaining Public Nuisances Prohibited .
Pursuant to the authority of State Government Code Section 38771 and Sections 1 .12 .070 and 1 .12 .08 0
of this Code, any continuing violation of the San Luis Obispo Municipal Code constitutes a publi c
nuisance . Therefore, any person owning or having possession of any real property in the City of San Lui s
Obispo who is in violation of any provision of the San Luis Obispo Municipal Code may be determined t o
be maintaining a public nuisance provided, however, that it shall not be the intent of the City that thi s
Chapter preempt any private nuisance right of action or any and all other legal remedies available t o
private parties to abate such nuisances .
1 .24 .050
Abatement of Unlawful Conditions - Notice .
A.INSPECTIONS . Whenever City staff has inspected a property and finds that condition s
constituting a violation of the Municipal Code exist thereon, the Director may use the procedures set fort h
in this Chapter to abate such nuisance as authorized by law .
B.NOTICE OF VIOLATION ANDADMINISTRATIVE CITATION ISSUANCE . The Director
may issue a Notice of Violation and 'orN tiee-ot-Administrative Citation for a violation to any person o r
persons whom the Director deems appropriate if the Director has determined, through investigation, that a
violation exists . A person to whom a Notice of Violation and/orAdministrative Citation is issued shall b e
liable for and shall pay to the City the administrative fine or fines described in the Notice of Violatio n
and/orAdministrative Citation when due pursuant to the provision of this Chapter .
C.DEVELOPMENT REVIEW CONDITIONS . Every person who applies for and receives a permit ,
license, or any type of land use approval (such as, but not limited to, a development review approval,a
subdivision map approval, a conditional or special use permit, a zoning requirement modification,a
variance, or other discretionary approval) shall comply with all mandatory approval conditions impose d
upon the issuance of the permit, license, or other such approval . If a person violates any condition of suc h
permit, license, or similar land use approval, that person may be issued a Notice of Violation and/o r
Administrative Citation and may be held responsible for administrative fines under the provisions of thi s
Chapter .
D.CONTINUING VIOLATIONS .Except as provided elsewhere in the Municipal Code,Each day
a violation of this Code exists shall be a separate and distinct violation and may be subject to a separat e
administrative fine . A Notice of
ViolationCitation and%or Administrative Citation may
charge a violation for one or more days on which a violation exists and for violation of one or mor e
applicable Code sections .
E.PRIOR VIOLATIONS . The City may take into consideration the fact that a person has bee n
previously issued a Notice of \ iylation andor Administrative Citation when the City is determinin g
whether to accept an application or to grant any permit, license or any similar type of land use approva l
for that person and such Notice of \ iolation and or Administrative Citation may be used as evidence tha t
the person has committed acts that are not compatible with the health, safety, and general welfare of othe r
persons and businesses within the City .
F.CONTENTS OF NOTICE . The Director shall generally issue a Notice of Violation and/or
Ordinance No .1126 XXX (2002 2012 Series)
Attachment 1 3
Page No .5
Administrative Citation to the owner or owners of the real property upon which the violation exists as th e
person presumed under this Chapter to be responsible for the violation . The Administrative Guidelines as
approved by the City Council pursuant to Section 1 .24 .010 hereof shall, among other things, identify
those items of information which must be contained in the Notice of b"iolation and%orAdministrativ e
Citation issued to persons and alleging a violation of the Municipal Code .
G.SERVICE OF NOTICE . The Notice of Violation and/or Administrative Citation and an y
amended Notice of Violation and/orAdministrative Citation shall be served by mail or personal service i n
the manner provided for in the approved Administrative Guidelines .
H.PROOF OF SERVICE . Proof of personal service of the Notice of V iolation and/or Administrativ e
Citation shall be documented as provided for in the approved Administrative Guidelines .
1 .24 .060
Extensions of Time .
If the Director receives a request from any person required to comply with a Notice of Administrativ e
(2itati-e-aViolation, the Director may grant an extension of any fine due date and abatement deadline if th e
Director determines that such an extension of time will not create or perpetuate imminent danger to th e
public health and safety . The Director shall have the authority to place reasonable conditions on such a n
extension .
1 .24 .070 Amount of Civil Fines .
A.FINE SCHEDULE . The amount of fines for violating particular provisions of the Code shall b e
set in a schedule of fines adopted by resolution by the City Council concurrently with the ordinanc e
adopting this Chapter . The schedule may include escalating fine amounts for repeat Code violation s
occurring within specified periods of time .
B.DUE DATE FOR FINES . Fines are due on the day specified in the Notice ofAdministrativ e
Citation, or, in the event of an appeal, as determined by the Hearing Administrator .
1 .24 .080 Manner of Payment - Civil Fines .
A.PAID BY MAIL . Fines shall be paid to the City within thirty (30) days of the due date . Paymen t
shall be made by check or money order . The Director, for purposes of convenience and ease o f
processing, may authorize payment to be made in accordance with any other method, includin g
designating a location within the City for such payments .
B.FURTHER VIOLATIONS . Payment of an administrative fine shall not excuse the person fro m
correcting the Code violation . The issuance of a Notice of Administrative Citation or the payment of
a
fine does not preclude the City from taking any other enforcement or legal action regarding a Cod e
violation that is not corrected, including issuing additional Notices ofAdministrative Citation or the
initiation of criminal or Superior Court civil abatement proceedings .
Ordinance No .1 126 XXX (2002 2012 Series )
Attachment I
Page No .6
1 .24 .090 Appeal of Notice ofAdministrative Citation .
A.APPEAL TO HEARING ADMINISTRATOR . Any person aggrieved by the action of th e
Director in issuing a Notice ofan Administrative Citation pursuant to the provisions of this Chapter may
appeal such notice citation to the Hearing Administrator. If no appeal is filed within ten (10) days of th e
date of issuance of the Notice ofAdministrative Citation, the
Administrative Citatio n
shall be deemed final .
B.CORRECTIONS .Revocation ofthe Notice ofAdministrative Citation bythe Harin g
ted in order for thccause the case to beclosed .
C.CONTESTED APPEALS .
1 . To contest a Notice to Correct . the person receiving the Notice to Correct (the "appellant")
shall provide information on a form prescribed by the Director setting forth the reasons to contest th e
Notice to Correct . Failure to contest a Notice to Correct shall deem the Building Official or Director's
interpretation of a code as final .
2 .To appeal a Notice ofan Administrative Citation, the_ person receiving the Notic e
_ ' • "appellant_ shall file a signed written request following the appea l
procedures outlined in the Notice ofAdministrative Citation . An appellant may contest the Notice of
Administrative Citation by
denying that the facts that g ave rise toa violation occurred, by denying that it was not corrected within th e
required correction period or, if applicable, by establishing that he or she is not the owner of the rea l
property or the owner o f
the business at the time the violation should have been corrected .
D.RECEIPT OF AN APPEAL REQUEST . To be effective, the appeal request must be received b y
the Director within ten (10) days of the date the Notice of Notice to Correct orAdministrative Citatio n
was issued . Where a request is mailed by the appellant, the request shall be deemed filed on the dat e
received by the Director . The Director is authorized to designate an address on the Notice Ito Correct
or Administrative Citation to which such appeal requests shall be mailed .
1 .24 .100 Hearing Procedures for Notice to Correc t
A . The Director shall review all contested Notices to Correct . The Director shall have the authorit y
to uphold, modify or revoke any contested Notice to Correct .
B . After considering the information provided by the appellant on the form prescribed by th e
Director, the Director shall issue a Notice of Decision . The Notice of Decision shall be mailed b y
first class and certified mail, postage prepaid, return receipt requested, to the appellant or thei r
designated representative .
C . The Director's interpretation of the code shall be deemed final unless appealed to the appropriat e
advisory or legislative body as prescribed elsewhere in the Municipal Code .
Formatted :Numbered + Level : 1 +
Numbering Style : A, B, C,... + Start at : 1 +
Alignment : Left + Aligned at : 0.2" + Indenl
at: 0.45"
B2-17
Ordinance No .1126 XXX (2002 2012 Series )
Attachment 13
Page No . 7
Formatted :Indent: Left: 0 .45'
1 .2524 .100 110Hearing Procedures for Administrative Citation s
A.APPLICABLE HEARING ADMINISTRATOR . For hearings involving violations of this Code ,
the Hearing Administrator shall be the person designated by the City Administrator to serve as the hearin g
officer .
B.TIME AND PLACE OF HEARINGS . Hearings shall be conducted by a Hearing Administrato r
on the date, time and place specified by the City .
C.APPEAL OF RECORDS . The Director shall ensure that the
-
'Administrative
Citation are is delivered to the Hearing Administrator in sufficient time prior to the appeal hearing .
Before the hearing, the Director shall also make available to the appellant a copy of any additiona l
information concerning the Notice ofAdministrative Citation which will be provided to the Hearin g
Administrator .
D.PRESENTATION OF EVIDENCE . The appellant shall be given the opportunity to testify and t o
present evidence relevant to the Code violation specified in the Not -t e- of-Administrative Citation .
E.USE OF REPORTS AS EVIDENCE . The Name ofAdministrative Citation and any other report s
prepared by City staff or by the Director concerning a Code violation or attempted correction of a Cod e
violation that are provided to the Hearing Administrator shall be accepted by the Hearing Administrato r
as prima facie evidence of the Code violation and the facts stated in such documents .
F.STAFF WITNESSES/ADDITIONAL EVIDENCE . Neither City staff nor any othe r
representative of the City shall be required to attend the appeal hearing, nor shall the Hearin g
Administrator require that there be submitted any evidence, other than the Notice ofAdministrative
Citation, that may exist among the public records of the City with respect to the violation . However, any
such appearance or submission may be made at the discretion of the Director .
G.CONTINUANCES . The Hearing Administrator may continue an appeal hearing if a request i s
made showing good cause by the appellant or the Director . All continuance requests shall either : (1) be
made in person at the hearing by the appellant or his or her representative if the appellant is physicall y
unable to attend, or (2) be made by a written request received from the Director or the appellant . If th e
continuance is granted, a new hearing date shall be set within thirty (30) days . If the continuance i s
denied, the hearing shall proceed then and there as scheduled, and if the appellant is not present th e
request(s) shall be deemed abandoned in accordance with subsection I below .
H.RULES OF EVIDENCE . The Appeal Hearing shall be conducted informally and the legal o r
formal rules of evidence need not be followed . The Hearing Administrator does not have the authority t o
issue a subpoena.
I.FAILURE TO APPEAR . The failure of the appellant to appear at the hearing, unless the hearin g
was continued per subsection G above, shall constitute an abandonment of the appeal, and shall constitut e
a failure to exhaust administrative remedies concerning the violations set forth in the Notice of
B2-18
Ordinance No .1126 XXX (2002 2012Series)
Attachment 1 3
Page No .8
Administrative Citation .
1 .24 .1 10120 Appeal Decision .
A . NOTICE OF DECISION . After considering all the evidence and testimony submitted at an appea l
hearing, the Hearing Administrator shall issue a Notice of Decision within two (2) business days to eithe r
uphold or revoke the Notice ofAdministrative Citation based upon a conclusion of whether a violatio n
occurred . The Notice of Decision shall be mailed within one (1) business day subsequent to the Hearin g
Administrator's issuance of the Notice of Decision by first class and certified mail, postage prepaid, retur n
receipt requested, to the appellant or their designated representative . The failure by the appellant to
appear at the appeal hearing shall be noted on the Notice of Decision by the Hearing Administrator . Th e
Hearing Administrator may reduce or cancel the amount of any administrative fine or revoke the Notic e
of Administrative Citation in unusual cases when extenuating circumstances make doing so appropriat e
and in the interest of justice . The decision of the Hearing Administrator shall be final .
B . B .PAYMENT OF FINE AFTER APPEAL DECISION . The filing of an appeal shal l
suspend any fine assessed in the Notice ofAdministrative Citation . In the event that the Notice o f
Administrative Citation is revoked, the fine shil-afs-o4 e rcvekedno payment of the fine is due . I n
the event that the Notice ofAdministrative Citation is upheld, a new compliance deadline and fin e
due date shall be established by the Hearing Administrator and indicated on the Notice of Decisio n
for the appeal .
C . Revocation of the Administrative Citation by the Hearing Administrator shall void th e
Administrative Citation fin e
1 .24 .120130 Right to Judicial Review .
A.APPLICABILITY OF GOVERNMENT CODE SECTION 53069 .4 . The appellant may see k
judicial review of the Hearing Administrator's decision by filing a further appeal with the San Lui s
Obispo Superior Court within twenty (20) calendar days after the appellant receives a copy of the Notic e
of Decision, in accordance with the provisions of California Government Code Section 53069 .4 . Th e
appeal filed with the Court must also contain a proof of service showing a copy of the appeal was serve d
upon the Hearing Administrator for the City of San Luis Obispo . The appellant must pay to the Superio r
Court the appropriate court filing fee when the appeal is filed .
B.FAILURE TO EXHAUST ADMINISTRATIVE APPEAL . No appeal is permitted from a
decision where the appellant is deemed to have abandoned the contest of the Notice ofAdministrativ e
Citation by an unexcused failure to appear at the appeal hearing or by the failure to request a n
administrative appeal hearing before the Hearing Administrator .
C.FORWARDING OF RECORDS TO SUPERIOR COURT . The City Attorney or the City
Attorney's designee shall forward to the Superior Court within fifteen (15) days of the Court's request, th e
pertinent Notice ofAdministrative Citation documents for any case appealed to that Court . If th e
Superior Court revokes any Not-lee-of-Administrative Citation, the City will refund to the appellant th e
Superior Court filing fee paid by the appellant .
Formatted:Numbered + Level : 1 +
Numbering Style : A, B, C,... + Start at : 1 +
Alignment: Left + Aligned at : 0 .2" + Indent
at : 0.5"
B2-19
Ordinance No .1126 XXX (2002 2012Series )
Attachment 1 3
Page No .9
1 .24 .4-30140 Collection of Unpaid Fines .
A . CITY REMEDIES . The City, at its discretion, may pursue any and all legal, equitable, an d
administrative remedies for the collection of unpaid civil administrative fines .
1.Remedies Cumulative . Pursuit of one remedy does not preclude the pursuit of any othe r
remedies until the total fines owed by a person under this Chapter have been collected .
2.Refusal to Issue Permits . A City department may refuse to accept an application for a Cit y
permit or license or to refuse to issue, extend, or renew to any person, who has unpaid delinquent fines ,
liens, or assessments, any city permit, license, or other City approval pertaining to the property that is th e
subject of a Notice of Administrative CitationViolation and/or an unpaid
Administrative
ti-neCitation .
3.Suspension of Issued Permits . Notwithstanding any other provision of the Code, any permit ,
license, or any type of land use approval issued by the City to a person who has unpaid Aadministrativ e
tines C_itations_totaling $500 .00 or more which remain delinquent for thirty (30) days or longer may b e
suspended by the department which issued the permit or other entitlement . The suspension become s
effective ten (10) days after the date the notice of the suspension is placed by the issuing department i n
the United States mail, postage prepaid, addressed to the person, and continues until the administrativ e
delinquency is paid in full . The person may request an appeal/or review hearing pursuant to the specifi c
permit, license, or other City approval procedures or ordinance if such a request is filed before the ten (10 )
day period ends .
4.Criminal Remedies . The City Attorney, at his or her discretion, may also issue a crimina l
citation or complaint (infraction or misdemeanor) to any person for a Code violation when the applicabl e
fine has not been paid .
B . VIOLATIONS CONSTITUTE A PUBLIC NUISANCE . The Director may pursue the remedie s
described in this Section whether or not the City is pursuing any other action to terminate an ongoin g
Code violation that was the basis for an ad inist+-ati-v&Administrative tine-Citation or to otherwise abat e
the violation or sanctio n
the property owner . To compel Code compliance, the City may also seek to collect assessed fines b y
means of a nuisance abatement lien or special assessment against the property where a property relate d
violation occurred in accordance with the procedures in Government Code Sections 38773 .1 and 38773 .5 .
C . LIEN CONDITIONS . To recover any delinquent administrative fines as a lien or specia l
assessment on real property, the following conditions must be met :
1.The Director must submit to and receive approval from the City Council for a resolutio n
certifying the amounts of the liens and special assessments sought to be collected from each propert y
owner ; and
2.The total amount of the delinquent fine against the property owner must be delinquent for sixt y
(60) days or more .
Ordinance No .1126 XXX (2002 2012 Series )
Attachment 1 3
Page No . 1 0
D . LIEN COLLECTIONS . The Director is authorized to take any steps necessary to enforc e
collection of the lien or special assessment, including but not limited to the following :
1.Request the County Recorder to record a notice of any lien or special assessment certified b y
resolution of the City Council .
2.Request the County Tax Collector on behalf of the City to collect any special assessment s
certified by resolution of the City Council .
E . NOTICE OF LIEN COLLECTION PROCEDURES . All Notices ofAdministrative Citation s
shall contain a notice that unpaid fines are subject to the assessment and lien collection procedures of thi s
Chapter. This notice shall satisfy the notice requirements of Government Code Sections 38773 .1 and
38773 .5 when a-tit+
iin Administrative Citation is served on the person . In addition, the Directo r
shall by first class mail send notice to each property owner at least ten (10) days before the City Counci l
considers the resolution to certify the amounts of the liens and special assessments stating the date, time ,
and location of the meeting . The lien or special assessment shall be imposed on the date the Notice-o4 '
Administrative Citation for the Code violation is issued to the responsible person and shall becom e
effective upon the recording of a Notice of Lien or Special Assessment by the County Recorder .
F . CONTESTING CERTIFICATION OF A LIEN . A person may contest the amount or the validity
of any lien or special assessment for a civil fine at the public hearing when the City Council considers th e
resolution to certify the liens or assessments . Such contests shall be limited to the issue of the amount o r
validity of the lien or assessment and may not consider whether the underlying Code violation occurred .
Pursuit of such a contest by a person is necessary to exhaust the administrative remedies concerning a
legal challenge to the validity of any such lien or special assessment .
SECTION 2 . A summary of this ordinance, approved by the City Attorney, together with th e
names of the Council members voting for and against it, shall be published at least five days prior to it s
final passage, in The Tribune, a newspaper published and circulated in this City . This ordinance will g o
into effect at the expiration of thirty (30) days after its final passage .
INTRODUCED on the day of ,20022012,AND PASSED TO PRINT by the Council o f
the City of San Luis Obispo at a meeting held on the
day of ,20022012,upon motion o f
seconded by and on the following roll call vote :
AYES :
NOES :
ABSENT:
Ordinance No .1126 XXX (2002 2012Series)
Attachment 1-3
Page No . 11
Mayor :Men SettleJan Mar x
ATTEST :
Sheryl SchroederLcc Priee,InterimCity Clerk
APPROVED AS TO FORM :
I ;lel=free (i'..k3r& er n .l . Christine Diefrick,City Attorney
Attachment 2
ORDINANCE NO . XXXX (2012 Series )
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SA N
LUIS OBISPO ADDING CHAPTER 1 .24 TO TITLE ONE O F
THE SAN LUIS OBISPO MUNICIPAL CODE ADOPTIN G
ADMINISTRATIVE CODE ENFORCEMENT PROCEDURE S
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows :
SECTION 1 . Chapter 1 .24 of the San Luis Obispo Municipal Code is hereby amended to read a s
follows :
Chapter 1 .2 4
ADMINISTRATIVE CODE ENFORCEMENT PROCEDURE S
Sections :
1 .24 .010 Purpose ; Adoption of Administrative Guidelines .
1 .24 .020 Applicability .
1 .24 .030 Definitions .
1 .24 .040 Maintaining Public Nuisances Prohibited .
1 .24 .050 Abatement of Unlawful Conditions - Notice .
1 .24 .060 Extensions of Time .
1 .24 .070 Amount of Civil Fines .
1 .24 .080 Manner of Payment - Civil Fines .
1 .24 .090 Appeal of Notice of Administrative Citation .
1 .24 .100 Hearing Procedures .
1 .24 .110 Appeal Decision .
1 .24 .120 Right to Judicial Review .
1 .24 .130 Collection of Unpaid Fines .
1 .24 .010
Purpose ; Adoption of Administrative Guidelines .
A.Purpose . The purpose of this Chapter is to enable the City, acting as a charter city pursuant t o
Article XI, Sections 5 and 7 of the state Constitution, to impose and collect civil administrative fines i n
conjunction with the enforcement of provisions of this Code . Notwithstanding the provisions herein, the
City has and shall continue to employ the philosophy of voluntary compliance when seeking complianc e
with this Code as may be required by law .
B.Administrative Guidelines Approved by the City Council . Concurrently with the adoption of th e
ordinance establishing this Chapter, the City shall prepare and promulgate administrative guideline s
which shall, among other things, establish policies for providing appropriate and adequate warnings wit h
B2-23
Ordinance No . XXX (2012 Series)
Attachment 2
Page No .2
respect to possible Municipal Code violations to those persons who may receive an administrativ e
citation, to provide direction to City staff for the correct process of issuing an Administrative Citation ,
and to establish the proper format of the Administrative Citation, and for service of that Administrativ e
Citation in a manner consistent with the requirements of due process (hereinafter referred to as th e
"Administrative Citation Guidelines"). Such Administrative Citation Guidelines shall be expressl y
approved by a resolution of the City Council prior to their adoption .
1 .24 .020
Applicability .
A.ENFORCEMENT OF THE MUNICIPAL CODE . This Chapter makes any violation of th e
provisions of the San Luis Obispo Municipal Code, including but not limited to all construction, fir e
safety and property maintenance codes adopted by reference and as amended pursuant to Title 15 of th e
Code, subject to administrative fines .
B.ADMINISTRATIVE AUTHORITY . This Chapter establishes the procedures for the imposition ,
enforcement, collection, and review of civil administrative fines pursuant to State Government Cod e
Section 53069 .4 and pursuant to the City's plenary police powers as a charter city .
C.REMEDIES NOT EXCLUSIVE . The use of the administrative enforcement remedies provide d
by this Chapter is solely at the City's discretion . By adopting this Chapter, the City does not intend t o
limit its discretion to choose the use of any other remedy, civil or criminal, or other administrativ e
procedures, for the abatement of such violations that the City may select in a particular case, includin g
procedures for the imposition of civil or criminal penalties .
D.STRICT LIABILITY OF THE OWNER . Because serious Code violations may impact publi c
health, welfare, and safety and the adequacy and safety of housing, this Chapter is intended to impos e
strict civil liability upon the owners of real property (or the owner of a business where the violation i s
caused by or relates to the operation of a business) for all violations of the San Luis Obispo Municipa l
Code which may occur in the City of San Luis Obispo regardless of the existence of specific or genera l
intent or prior knowledge of such violations and, further, regardless of any intent (or lack thereof) t o
violate the Code .
1 .24 .030
Definitions .
The following definitions apply to the use of these terms for the purposes of this Chapter :
A.ADMINISTRATIVE CITATION . Document issued by the Director levying or assessing a civi l
fine as set by Council resolution as a penalty for a code violation . The Director shall not issue a n
Administrative Citation pertaining to building, plumbing, electrical, or other similar structural o r
zoning violations, that do not create an immediate danger to health and safety unless at least te n
days prior to the issuance of the Administrative Citation, the Director served a Notice to Correct .
B.CODE VIOLATION . Any violation of the San Luis Obispo Municipal Code .
.C . DIRECTOR . The Department Head, or his or her designee, responsible for enforcing th e
Municipal Code with respect to his or her Department .
B2-24
Ordinance No . XXX (2012 Series)
Attachment 2
Page No .3
D..HEARING ADMINISTRATOR . The person appointed by the City Administrator to serve as th e
hearing officer for administrative hearings .
E..ISSUED . Giving, mailing, or posting an Administrative Citation to a person wher e
"issuance" is deemed to have occurred on the earlier of the date when an Administrative Citation i s
personally served on a person, the date it is mailed to a person by posting in the regular United State s
mail, or the date it is physically posted on real property where a property related Code violation i s
occurring .
F.NOTICE TO CORRECT . A type of Notice of Violation that pertains to building, plumbing ,
electrical, or other similar structural or zoning violations, that do not create an immediate danger to healt h
and safety . It must be issued at least ten days prior to issuing any Administrative Citation pertaining t o
building, plumbing, electrical, or other similar structural or zoning violations, that do not create a n
immediate danger to health and safety being issued .
G.NOTICE OF VIOLATION . An official City Municipal Code violation notice issued to a
person(s) notifying them that they are in violation of the San Luis Obispo Municipal Code with respect t o
certain real property or the operation of a certain business . Subsequent notices regarding the same type o f
violation, within any twelve-month period, may be cause for imposing additional administrative fine s
without warning .
H.PERSON . Any of the following :
1.An individual who causes a Code violation to occur .
2.An individual who maintains or allows a Code violation to continue, by his or her action or failur e
to act in a lawful manner .
3.An individual whose agent, employee, or independent contractor causes a Code violation by it s
action or failure to act in a lawful manner .
4.An individual who is an owner of real property where a property related Code violation occurs .
5.An individual who is an owner of a business or who is the on-site manager of a business and who
normally works at the site when the business is open and is responsible for the activities at such premises .
For purposes of this subsection "person" includes a natural person or a legal entity including but no t
limited to, the owners, majority stockholders, corporate officers, trustees, and general partners of a lega l
entity . There shall be a legally rebuttal presumption that the record owner of a parcel as listed on th e
County's latest equalized property tax assessment rolls is the person responsible for a Code violation o n
such parcel . In addition, where applicable, a commercial lessee, sublessee, or operator of a business on a
parcel shall be presumed responsible for Code violations relating to the operation of the business (fo r
example, sign ordinance violations) on that parcel .
1 .24 .040 Maintaining Public Nuisances Prohibited .
Pursuant to the authority of State Government Code Section 38771 and Sections 1 .12 .070 and 1 .12 .08 0
of this Code, any continuing violation of the San Luis Obispo Municipal Code constitutes a publi c
nuisance . Therefore, any person owning or having possession of any real property in the City of San Lui s
B2-25
Ordinance No . XXX (2012 Series)
Attachment 2
Page No .4
Obispo who is in violation of any provision of the San Luis Obispo Municipal Code may be determined to
be maintaining a public nuisance provided, however, that it shall not be the intent of the City that thi s
Chapter preempt any private nuisance right of action or any and all other legal remedies available t o
private parties to abate such nuisances .
1 .24 .050
Abatement of Unlawful Conditions - Notice .
A.INSPECTIONS . Whenever City staff has inspected a property and finds that condition s
constituting a violation of the Municipal Code exist thereon, the Director may use the procedures set fort h
in this Chapter to abate such nuisance as authorized by law .
B.NOTICE OF VIOLATION AND ADMINISTRATIVE CITATION ISSUANCE . The Directo r
may issue a Notice of Violation and/or Administrative Citation for a violation to any person or person s
whom the Director deems appropriate if the Director has determined, through investigation, that a
violation exists . A person to whom a Notice of Violation and/or Administrative Citation is issued shall b e
liable for and shall pay to the City the administrative fine or fines described in the Notice of Violatio n
and/or Administrative Citation when due pursuant to the provision of this Chapter .
C.DEVELOPMENT REVIEW CONDITIONS . Every person who applies for and receives a permit ,
license, or any type of land use approval (such as, but not limited to, a development review approval,a
subdivision map approval, a conditional or special use permit, a zoning requirement modification,a
variance, or other discretionary approval) shall comply with all mandatory approval conditions impose d
upon the issuance of the permit, license, or other such approval . If a person violates any condition of suc h
permit, license, or similar land use approval, that person may be issued a Notice of Violation and/o r
Administrative Citation and may be held responsible for administrative fines under the provisions of thi s
Chapter .
D.CONTINUING VIOLATIONS . Except as provided elsewhere in the Municipal Code, each day a
violation of this Code exists shall be a separate and distinct violation and may be subject to a separat e
administrative fine . A Notice of Violation and/or Administrative Citation may charge a violation for on e
or more days on which a violation exists and for violation of one or more applicable Code sections .
E.PRIOR VIOLATIONS . The City may take into consideration the fact that a person has bee n
previously issued a Notice of Violation and/or Administrative Citation when the City is determinin g
whether to accept an application or to grant any permit, license or any similar type of land use approva l
for that person and such Notice of Violation and/or Administrative Citation may be used as evidence tha t
the person has committed acts that are not compatible with the health, safety, and general welfare of othe r
persons and businesses within the City .
F.CONTENTS OF NOTICE . The Director shall generally issue a Notice of Violation and/o r
Administrative Citation to the owner or owners of the real property upon which the violation exists as th e
person presumed under this Chapter to be responsible for the violation . The Administrative Guidelines a s
approved by the City Council pursuant to Section 1 .24 .010 hereof shall, among other things, identif y
those items of information which must be contained in the Notice of Violation and/or Administrativ e
Citation issued to persons and alleging a violation of the Municipal Code .
B2-26
Ordinance No . XXX (2012 Series)
Attachment 2
Page No .5
G.SERVICE OF NOTICE . The Notice of Violation and/or Administrative Citation and an y
amended Notice of Violation and/or Administrative Citation shall be served by mail or personal service i n
the manner provided for in the approved Administrative Guidelines .
H.PROOF OF SERVICE . Proof of personal service of the Notice of Violation and/or Administrativ e
Citation shall be documented as provided for in the approved Administrative Guidelines .
1 .24 .060
Extensions of Time .
If the Director receives a request from any person required to comply with a Notice of Violation, th e
Director may grant an extension of any fine due date and abatement deadline if the Director determine s
that such an extension of time will not create or perpetuate imminent danger to the public health an d
safety . The Director shall have the authority to place reasonable conditions on such an extension .
1 .24 .070 Amount of Civil Fines .
A.FINE SCHEDULE . The amount of fines for violating particular provisions of the Code shall b e
set in a schedule of fines adopted by resolution by the City Council concurrently with the ordinanc e
adopting this Chapter . The schedule may include escalating fine amounts for repeat Code violation s
occurring within specified periods of time .
B.DUE DATE FOR FINES . Fines are due on the day specified in the Administrative Citation, or, i n
the event of an appeal, as determined by the Hearing Administrator .
1 .24 .080 Manner of Payment - Civil Fines .
A.PAID BY MAIL . Fines shall be paid to the City within thirty (30) days of the due date . Payment
shall be made by check or money order . The Director, for purposes of convenience and ease o f
processing, may authorize payment to be made in accordance with any other method, includin g
designating a location within the City for such payments .
B.FURTHER VIOLATIONS . Payment of an administrative fine shall not excuse the person fro m
correcting the Code violation . The issuance of a Administrative Citation or the payment of a fine does no t
preclude the City from taking any other enforcement or legal action regarding a Code violation that is no t
corrected, including issuing additional Administrative Citation or the initiation of criminal or Superio r
Court civil abatement proceedings .
1 .24 .090 Appeal of Administrative Citation .
A . APPEAL TO HEARING ADMINISTRATOR . Any person aggrieved by the action of th e
Director in issuing an Administrative Citation pursuant to the provisions of this Chapter may appeal suc h
citation to the Hearing Administrator . If no appeal is filed within ten (10) days of the date of issuance o f
the Administrative Citation, the Administrative Citation shall be deemed final .
B2-27
Ordinance No . XXX (2012 Series)
Attachment 2
Page No .6
C . CONTESTED APPEALS .
1.To contest a Notice to Correct, the person receiving the Notice to Correct (the "appellant")
shall provide information on a form prescribed by the Director setting forth the reasons to contest th e
Notice to Correct . Failure to contest a Notice to Correct shall deem the Building Official or Director's
interpretation of a code as final .
2.To appeal an Administrative Citation, the appellant shall file a signed written reques t
following the appeal procedures outlined in the Administrative Citation . An appellant may contest th e
Administrative Citation by denying that the facts that gave rise to a violation occurred, by denying that i t
was not corrected within the required correction period or, if applicable, by establishing that he or she i s
not the owner of the real property or the owner o f
the business at the time the violation should have been corrected .
D . RECEIPT OF AN APPEAL REQUEST . To be effective, the appeal request must be received b y
the Director within ten (10) days of the date the Notice to Correct or Administrative Citation was issued .
Where a request is mailed by the appellant, the request shall be deemed filed on the date received by th e
Director . The Director is authorized to designate an address on the Notice to Correct or Administrativ e
Citation to which such appeal requests shall be mailed .
1 .24 .100 Hearing Procedures for Notice to Correc t
A.The Director shall review all contested Notices to Correct . The Director shall have the authority
to uphold, modify or revoke any contested Notice to Correct .
B.After considering the information provided by the appellant on the form prescribed by th e
Director, the Director shall issue a Notice of Decision . The Notice of Decision shall be mailed b y
first class and certified mail, postage prepaid, return receipt requested, to the appellant or thei r
designated representative .
C.The Director's interpretation of the code shall be deemed final unless appealed to the appropriat e
advisory or legislative body as prescribed elsewhere in the Municipal Code .
1 .24 .110 Hearing Procedures for Administrative Citation s
A.APPLICABLE HEARING ADMINISTRATOR . For hearings involving violations of this Code ,
the Hearing Administrator shall be the person designated by the City Administrator to serve as the hearin g
officer .
B.TIME AND PLACE OF HEARINGS . Hearings shall be conducted by a Hearing Administrato r
on the date, time and place specified by the City .
C.APPEAL OF RECORDS . The Director shall ensure that the Administrative Citation is delivere d
to the Hearing Administrator in sufficient time prior to the appeal hearing . Before the hearing, th e
Director shall also make available to the appellant a copy of any additional information concerning th e
Administrative Citation which will be provided to the Hearing Administrator .
B2-28
Ordinance No . XXX (2012 Series)
Attachment 2
Page No .7
D.PRESENTATION OF EVIDENCE . The appellant shall be given the opportunity to testify and t o
present evidence relevant to the Code violation specified in the Administrative Citation .
E.USE OF REPORTS AS EVIDENCE . The Administrative Citation and any other reports prepare d
by City staff or by the Director concerning a Code violation or attempted correction of a Code violatio n
that are provided to the Hearing Administrator shall be accepted by the Hearing Administrator as prim a
facie evidence of the Code violation and the facts stated in such documents .
F.STAFF WITNESSES/ADDITIONAL EVIDENCE . Neither City staff nor any othe r
representative of the City shall be required to attend the appeal hearing, nor shall the Hearin g
Administrator require that there be submitted any evidence, other than the Administrative Citation, tha t
may exist among the public records of the City with respect to the violation . However, any suc h
appearance or submission may be made at the discretion of the Director .
G.CONTINUANCES . The Hearing Administrator may continue an appeal hearing if a request i s
made showing good cause by the appellant or the Director . All continuance requests shall either : (1) b e
made in person at the hearing by the appellant or his or her representative if the appellant is physicall y
unable to attend, or (2) be made by a written request received from the Director or the appellant . If the
continuance is granted, a new hearing date shall be set within thirty (30) days . If the continuance i s
denied, the hearing shall proceed then and there as scheduled, and if the appellant is not present th e
request(s) shall be deemed abandoned in accordance with subsection I below .
H.RULES OF EVIDENCE . The Appeal Hearing shall be conducted informally and the legal o r
formal rules of evidence need not be followed . The Hearing Administrator does not have the authority t o
issue a subpoena .
I.FAILURE TO APPEAR . The failure of the appellant to appear at the hearing, unless the hearin g
was continued per subsection G above, shall constitute an abandonment of the appeal, and shall constitut e
a failure to exhaust administrative remedies concerning the violations set forth in the Notice o f
Administrative Citation .
1 .24 .120 Appeal Decision .
A . NOTICE OF DECISION . After considering all the evidence and testimony submitted at an appea l
hearing, the Hearing Administrator shall issue a Notice of Decision within two (2) business days to eithe r
uphold or revoke the Administrative Citation based upon a conclusion of whether a violation occurred .
The Notice of Decision shall be mailed within one (1) business day subsequent to the Hearin g
Administrator's issuance of the Notice of Decision by first class and certified mail, postage prepaid, retur n
receipt requested, to the appellant or their designated representative . The failure by the appellant t o
appear at the appeal hearing shall be noted on the Notice of Decision by the Hearing Administrator . The
Hearing Administrator may reduce or cancel the amount of any administrative fine or revoke th e
Administrative Citation in unusual cases when extenuating circumstances make doing so appropriate an d
in the interest of justice . The decision of the Hearing Administrator shall be final .
C . PAYMENT OF FINE AFTER APPEAL DECISION . The filing of an appeal shall suspend an y
B2-29
Ordinance No . XXX (2012 Series)
Attachment 2
Page No .8
fine assessed in the Administrative Citation . In the event that the Administrative Citation i s
revoked, no payment of the fine is due . In the event that the Administrative Citation is upheld,a
new compliance deadline and fine due date shall be established by the Hearing Administrator an d
indicated on the Notice of Decision for the appeal .
D . Revocation of the Administrative Citation by the Hearing Administrator shall void th e
Administrative Citation fin e
1 .24 .130 Right to Judicial Review.
A . APPLICABILITY OF GOVERNMENT CODE SECTION 53069 .4 . The appellant may see k
judicial review of the Hearing Administrator's decision by filing a further appeal with the San Lui s
Obispo Superior Court within twenty (20) calendar days after the appellant receives a copy of the Notic e
of Decision, in accordance with the provisions of California Government Code Section 53069 .4 . Th e
appeal filed with the Court must also contain a proof of service showing a copy of the appeal was serve d
upon the Hearing Administrator for the City of San Luis Obispo . The appellant must pay to the Superio r
Court the appropriate court filing fee when the appeal is filed .
B . FAILURE TO EXHAUST ADMINISTRATIVE APPEAL . No appeal is permitted from a
decision where the appellant is deemed to have abandoned the contest of the Administrativ e
Citation by an unexcused failure to appear at the appeal hearing or by the failure to request a n
administrative appeal hearing before the Hearing Administrator .
C . FORWARDING OF RECORDS TO SUPERIOR COURT . The City Attorney or the Cit y
Attorney's designee shall forward to the Superior Court within fifteen (15) days of the Court's request, th e
pertinent Administrative Citation documents for any case appealed to that Court . If the Superior Cour t
revokes any Administrative Citation, the City will refund to the appellant the Superior Court filing fe e
paid by the appellant .
1 .24 .140 Collection of Unpaid Fines .
A . CITY REMEDIES . The City, at its discretion, may pursue any and all legal, equitable, an d
administrative remedies for the collection of unpaid civil administrative fines .
1.Remedies Cumulative . Pursuit of one remedy does not preclude the pursuit of any othe r
remedies until the total fines owed by a person under this Chapter have been collected .
2.Refusal to Issue Permits . A City department may refuse to accept an application for a Cit y
permit or license or to refuse to issue, extend, or renew to any person, who has unpaid delinquent fines ,
liens, or assessments, any city permit, license, or other City approval pertaining to the property that is th e
subject of a Notice of Violation and/or an unpaid Administrative Citation .
3.Suspension of Issued Permits . Notwithstanding any other provision of the Code, any permit ,
license, or any type of land use approval issued by the City to a person who has unpaid Administrativ e
Citations totaling $500 .00 or more which remain delinquent for thirty (30) days or longer may b e
suspended by the department which issued the permit or other entitlement . The suspension become s
B2-30
Ordinance No . XXX (2012 Series)
Attachment 2
Page No .9
effective ten (10) days after the date the notice of the suspension is placed by the issuing department i n
the United States mail, postage prepaid, addressed to the person, and continues until the administrative
delinquency is paid in full . The person may request an appeal/or review hearing pursuant to the specifi c
permit, license, or other City approval procedures or ordinance if such a request is filed before the ten (10 )
day period ends .
4 . Criminal Remedies . The City Attorney, at his or her discretion, may also issue a crimina l
citation or complaint (infraction or misdemeanor) to any person for a Code violation when the applicabl e
fine has not been paid .
B . VIOLATIONS CONSTITUTE A PUBLIC NUISANCE . The Director may pursue the remedie s
described in this Section whether or not the City is pursuing any other action to terminate an ongoin g
Code violation that was the basis for an Administrative Citation or to otherwise abate the violation o r
sanction the property owner . To compel Code compliance, the City may also seek to collect assesse d
fines by means of a nuisance abatement lien or special assessment against the property where a propert y
related violation occurred in accordance with the procedures in Government Code Sections 38773 .1 and
38773 .5 .
C . LIEN CONDITIONS . To recover any delinquent administrative fines as a lien or specia l
assessment on real property, the following conditions must be met :
1.The Director must submit to and receive approval from the City Council for a resolutio n
certifying the amounts of the liens and special assessments sought to be collected from each propert y
owner ; and
2.The total amount of the delinquent fine against the property owner must be delinquent for sixt y
(60) days or more .
D . LIEN COLLECTIONS . The Director is authorized to take any steps necessary to enforc e
collection of the lien or special assessment, including but not limited to the following :
1.Request the County Recorder to record a notice of any lien or special assessment certified b y
resolution of the City Council .
2.Request the County Tax Collector on behalf of the City to collect any special assessment s
certified by resolution of the City Council .
E . NOTICE OF LIEN COLLECTION PROCEDURES . All Administrative Citations shall contain a
notice that unpaid fines are subject to the assessment and lien collection procedures of this Chapter . Thi s
notice shall satisfy the notice requirements of Government Code Sections 38773 .1 and 38773 .5 when an
Administrative Citation is served on the person. In addition, the Director shall by first class mail sen d
notice to each property owner at least ten (10) days before the City Council considers the resolution t o
certify the amounts of the liens and special assessments stating the date, time, and location of the meeting .
The lien or special assessment shall be imposed on the date the Administrative Citation for the Cod e
violation is issued to the responsible person and shall become effective upon the recording of a Notice o f
Lien or Special Assessment by the County Recorder .
B2-31
Ordinance No . XXX (2012 Series)
Attachment 2
Page No . 1 0
F . CONTESTING CERTIFICATION OF A LIEN . A person may contest the amount or the validit y
of any lien or special assessment for a civil fine at the public hearing when the City Council considers th e
resolution to certify the liens or assessments . Such contests shall be limited to the issue of the amount o r
validity of the lien or assessment and may not consider whether the underlying Code violation occurred .
Pursuit of such a contest by a person is necessary to exhaust the administrative remedies concerning a
legal challenge to the validity of any such lien or special assessment .
SECTION 2 . A summary of this ordinance, approved by the City Attorney, together with th e
names of the Council members voting for and against it, shall be published at least five days prior to it s
final passage, in The Tribune, a newspaper published and circulated in this City . This ordinance will g o
into effect at the expiration of thirty (30) days after its final passage .
INTRODUCED on the day of , 2012, AND PASSED TO PRINT by the Council of th e
City of San Luis Obispo at a meeting held on the _ day of , 2012, upon motion of
seconded by and on the following roll call vote :
AYES :
NOES :
ABSENT :
Mayor Jan Mar x
ATTEST :
Sheryl Schroeder, Interim City Cler k
APPROVED AS TO FORM :
J . Christine Dietrick, City Attorney
B2-32
Attachment 3 ,
ADMINISTRATIVE CITATION GUIDELINE S
(};cy ennhie+17,-2fl021ipdated April 2012 )
The following Guidelines have been compiled as the basic structure for implementatio n
of the Administrative Citation Program (Chapter 1 .24 of the San Luis Obispo Municipal Code).
Individual Departments and Divisions may vary slightly in their specific application of th e
Citationprogram so long as the application complies with Chapter 1 .24 .
1.REQUESTS FOR INVESTIGATIO N
All requests for investigation of a code enforcement matter are to be processed through a
designated staff person . This staff person will create an enforcement case, and if appropriat e
schedule a field investigation, and forward a field investigation report (FIR) form to the
appropriate supervisor/coordinator or staff .
2.INVESTIGATIO N
Upon receiving a field investigation report form, investigating staff when necessary ma y
review Permit Plan, the City's Records File(s), and Archive Plans (as needed) in order to prepar e
for their site investigation . Site investigations will be conducted with staff's safety as a hig h
priority . If there is any indication of a possible hostile or confrontational environment on th e
part of the property owner or other present party, City staff should consult with their superviso r
and should not hesitate to request assistance from the Police Department for the purpose o f
keeping the peace .
Additionally, all investigations will be conducted pursuant to the requirement of law, an d
in an efficient and courteous manner . Photographs/images will be obtained as needed based o n
the judgment of the investigators .
Each field investigation report form will contain the following information :
a.Date of investigation ;
b.Name of investigator;
c.Code sections violated ;
d.Plain non-technical description of the violation ;
e.Statement of remedy (what needs to be done); an d
f.Time frames for follow-up investigations and for final abatement .
I3 .NOTICE OF VIOLATION AND/OR ADMINISTRATIVE CITATION PREPARATIO N
Digital images/photos, when obtained, will be organized, numbered, and indexed as t o
date, time and exact location and photographer . This will allow the City the proper foundationa l
basis for using the photograph as evidence at a later time, if necessary . The identified violation s
on the field investigation report form shall reference the appropriate image/photo numbers tha t
depict the violation . The field investigation report form and the photos/images will be forwarded
Formatted :Highlight
B2-33
Attachment 3
to the designated staff person who shall be responsible for preparing the Notice of Violatio n
and/orAdministrative Citation . Once these documents are prepared and reviewed, a final cop y
will be prepared for posting and/or mailing to the appropriate individual or property or business
owner.
4 .
SERVICE OF NOTICE OF VIOLATION AND/OR ADMINISTRATIVE CITATIO N
The Notice of Violation and/or Administrative Citation and any amended Notice
(Formatted:Indent :Left :0.5 "
of Violation and/orAdministrative Citation, shall be served by the following method :
a.Personal or Mailed Notice . Personal service or certified mail, postage prepaid ,
return receipt requested, to each owner as required pursuant to the provisions of Chapte r
1 .24 of the Municipal Code at the address as it appears on the last equalized assessmen t
roll of the County or as otherwise known to staff . The address of the owner shown on th e
assessment roll shall be conclusively deemed to be the proper address for the purpose o f
mailing such notice . Simultaneously, a copy of the same nNotice shall be sent by firs t
class (regular) mail to the same address . If a notice that is sent by certified mail i s
returned unsigned, then service shall be deemed effective pursuant to the regular mail ,
provided the notice that was sent by regular mail is not returned .
b.Failure to Receive Notice . The failure of the person with an ownership (title )
interest in the property to receive any notice served in accordance with these guideline s
or Chapter 1 .24 of the Municipal Code shall not affect the validity of any proceeding s
taken under this Code . If the address of the owner of record, after diligent search, canno t
be found, the notice may be served by posting a copy thereof in a conspicuous place upo n
the property for a period of ten (10) days .
I5 .SERVING A NOTICE OF VIOLATION AND/ORADMINISTRATIVE CITATIO N
Clerical staff may be designated to process all certified mail requests while investigatio n
staff will process all property posting requests themselves . Certified mail returned due t o
inaccurate addressing will have the mailing information confirmed and be mailed onc e
more . Posting will be used in the event service by mail is unsuccessful . Posted notices
will be considered served 10 days after posting on the property in a conspicuous location .
Proper posting shall consist of enclosing the Notice in some form of sealed plastic an d
either securely taping it to the property or stapling or tacking the Notice to a stake an d
staking the property with the Notice .
6 .
PROOF OF SERVIC E
Proof of service of the Notice of Violation and/orAdministrative Citation shall b e
documented at the time of service by a declaration under penalty of perjury executed by the staff
person effecting service, declaring the time and manner in which service was made and filed i n
city records .
B2-34
Attachment3
7 .
CONTENTS OF NOTICE OF ADMINISTRATIVE CITATIONVIOLATIO N
The Notice of
Violation shall consist of the basic form, attache d
hereto as Attachment 1, and should contain the following information :
a.The correct full name of the owner or owners .
b.The date on which an inspection established the Code violation .
c.The Municipal Code section violated .
d.The City address where the Code violation occurred .
e.A narrative description of the violation established by the inspection stated i n
plain, simple, non-technical language . Photographs of the violation ar e
encouraged .
f.A narrative which describes the remedies for the abatement of the identifie d
violation .
g.For a Notice to Correct, aA statement (warning) advising the individual, propert y
owner or business owner that if the described conditions are not abated within the
time frame specified, the City may proceed, as authorized by law, to assess a n
administrative fine as authorized by Chapter 1 .24 of the Municipal Code .
h.A statement assess-ink the arno{rr-tt--o-1-44 e fine-rte1-settng the ctfeet-it e date tyl-al4e
4itte+f~-w 4ufuary--efwn-p-ianee is not obtained by the e4ate-estat--lt4led--it+the-Noti e
of Administrative Citation .
A summary and statement of the procedures necessary to pay the administrativ e
fine .
For a Notice to Correct.Aa statement advising that any person having any titl e
interest in the property may appeal theNotice ofAdministrative Citation to the
3leating Adrninistratorcontest the Notice to Correct bv submitting information o n
a form to be approved by the Director issuing the Notice to Correct .The form
must be received by the Director Department within ten (10) days from the (lat e
of the Notice to Correct . The statement shall also include instructions as to ho w
to-rett test an-
ea-notice that failure to contest the Notice to Correct shall dee m
either the 13uildina Official or the Director's interpretation of any code as final .
kd._For a Notice of t'iolation andor Administratixe Citation . astatemen)_advisin a
that any person havine any title interest in the property may appeal th e
Administrative Citation to a Hearing Administrator . The statement shall also
include instructions hasto how to request anjppcal .
k.
A statement that the Code violation is a public nuisance and that collection o f
unpaid administrative fines may, at the City's option, be enforced as a n
assessment or lien against the real property .
1 .
The signature of the staff person issuing the Notice of Violation and/o r
Administrative Citation .
m.The date the Notice of Violation and!orAdministrative Citation is issued .
n.Any other information deemed necessary by the City for due enforcement or fin e
collection purposes .
8 .
RECORDS AND RECORD KEEPING .
Attachment3
All final City staff work documents (except those documents identified as "Confidential —
Attorney/Client Communications") pertaining to the business of an enforcement case should b e
immediately sent to the records division of the appropriate City Department for filing in th e
street files . Incoming correspondence, reports, surveys, etc . should be immediately sent to th e
records division for filing in the street files . Enforcement staff may keep duplicates of thes e
documents in their personal files if they wish . No original public records should be kept i n
places other than the records division .
Attachment3
9 .
FOLLOW-UP INVESTIGATIONS .
Follow-up investigations may be scheduled by staff upon completion of the preparation
of a Notice of \g1 .uion_andor_Administrative Citation . Investigating staff will keep their cod e
enforcement follow-up current . Follow-up investigations may be scheduled as follows :
a.For violations which do not need permitting, at the end of the prescribed tim e
frame ;
b.At time of permit application ; and
c.At time of permit issuance dates .
10. CLOSING CASES .
Enforcement cases will be closed once all applicable fines and fees have been paid in full ,
and the violation has been abated or a building permit has been finally inspected and approve d
for occupancy .
11 . APPEALS AND HEARINGS .
A Notice to Correct and an A Notice of Administrative Citation may be appealed i n
accordance with Sections 1 .24 .090 through 1 .24 .120 130of the Municipal Code .
12 . PAYMENT OF ADMINISTRATIVE FINES .
All fines may be paid in person at the Finance Department located at 990 Palm Street .
Mailed payments are to be addressed to City of San Luis Obispo, Finance Department, 990 Pal m
Street, San Luis Obispo, CA 93401-3249 .
Attachment 4
RESOLUTION NO . XXX (2012 Series )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA N
LUIS OBISPO AMENDING ADMINISTRATIVE GUIDELINES I N
CONNECTION WITH THE ISSUANCE AND PROCESSING O F
ADMINISTRATIVE CITATIONS PURSUANT TO CHAPTER 1 .24 OF
THE SAN LUIS OBISPO MUNICIPAL COD E
WHEREAS, on October 1, 2002, the City Council of the City of San Luis Obisp o
adopted Ordinance No . 1426, which added new Chapter 1 .24 to Title One of the San Lui s
Obispo Municipal Code, entitled "Administrative Code Enforcement Procedures", pertaining t o
the issuance of administrative citations for San Luis Obispo Municipal Code violations ; an d
WHEREAS, Chapter 1 .24 of the San Luis Obispo Municipal Code provides that the Cit y
Council shall by Resolution prepare and promulgate administrative guidelines consistent with th e
goals and policies of Chapter 1 .24 which establishes, among other things, the requirements fo r
the contents of a Notice of Administrative Citation and the requirements for proper service o f
such a Notice ; an d
WHEREAS, on April 10, 2012, the City Council of the City of San Luis Obisp o
introduced for first reading Ordinance No .XXXX (2012 Series) which amends Chapter 1 .24 o f
the San Luis Obispo Municipal Code an d
WHEREAS, the City Council desires to amend the current Administrative Guidelines t o
bring them into conformance with the amended Chapter 1 .24 .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O F
SAN LUIS OBISPO AS FOLLOWS :
SECTION 1 .Amendments to the Administrative Guidelines for Chapter 1 .24 of the City
of San Luis Obispo Municipal Code dated April 10, 2012, attached hereto as Exhibit A, ar e
hereby approved .
SECTION 2 . This Resolution shall go into effect upon the final passage and effective dat e
of Ordinance No . XXXX amending Chapter 1 .24 entitled "Administrative Code Enforcemen t
Procedures" to the San Luis Obispo Municipal Code .
R #
B2-38
Resolution #
Attachment 4
Page 2
Upon motion of , seconded by
and on the following vote :
AYES :
NOES :
ABSENT
The foregoing resolution was adopted this
day of 2012 .
Mayor Jan Marx
ATTEST :
Sheryl! Schroeder, Interim City Cler k
APPROVED AS TO FORM :
/s/ Christine Dietric k
J . Christine Dietrick, City Attorney
B2-39
Attachment 4 - Exhibit A
ADMINISTRATIVE CITATION GUIDELINE S
(Updated April 2012)
The following Guidelines have been compiled as the basic structure for implementation of th e
Administrative Citation Program (Chapter 1 .24 of the San Luis Obispo Municipal Code). Individua l
Departments and Divisions may vary slightly in their specific application of the Citation Program .
1 .
REQUESTS FOR INVESTIGATIO N
All requests for investigation of a code enforcement matter are to be processed through a
designated staff person . This staff person will create an enforcement case, and if appropriate schedule a
field investigation, and forward a field investigation report (FIR) form to the appropriat e
supervisor/coordinator or staff .
2 .
INVESTIGATION
Upon receiving a field investigation report form, investigating staff when necessary may revie w
Permit Plan, the City's Records File(s), and Archive Plans (as needed) in order to prepare for their sit e
investigation . Site investigations will be conducted with staff's safety as a high priority . If there is an y
indication of a possible hostile or confrontational environment on the part of the property owner or othe r
present party, City staff should consult with their supervisor and should not hesitate to request assistanc e
from the Police Department for the purpose of keeping the peace .
Additionally, all investigations will be conducted pursuant to the requirement of law, and in a n
efficient and courteous manner . Photographs/images will be obtained as needed based on the judgmen t
of the investigators .
Each field investigation report form will contain the following information :
a.Date of investigation ;
b.Name of investigator ;
c.Code sections violated ;
d.Plain non-technical description of the violation ;
e.Statement of remedy (what needs to be done); and
f.Time frames for follow-up investigations and for final abatement .
3 .
NOTICE OF VIOLATION AND/OR ADMINISTRATIVE CITATION PREPARATIO N
Digital images/photos, when obtained, will be organized, numbered, and indexed as to date, tim e
and exact location and photographer. This will allow the City the proper foundational basis for using th e
photograph as evidence at a later time, if necessary . The identified violations on the field investigatio n
report form shall reference the appropriate image/photo numbers that depict the violation . The fiel d
investigation report form and the photos/images will be forwarded to the designated staff person wh o
shall be responsible for preparing the Notice of Violation and/or Administrative Citation . Once thes e
documents are prepared and reviewed, a final copy will be prepared for posting and/or mailing to th e
appropriate individual or property or business owner .
4 .
SERVICE OF NOTICE OF VIOLATION AND/OR ADMINISTRATIVE CITATION
B2-40
Attachment 4 - Exhibit A
The Notice of Violation and/or Administrative Citation and any amended Notice of Violatio n
and/or Administrative Citation, shall be served by the following method :
a.Personal or Mailed Notice . Personal service or certified mail, postage prepaid ,
return receipt requested, to each owner as required pursuant to the provisions of Chapte r
1 .24 of the Municipal Code at the address as it appears on the last equalized assessmen t
roll of the County or as otherwise known to staff. The address of the owner shown on th e
assessment roll shall be conclusively deemed to be the proper address for the purpose o f
mailing such notice . Simultaneously, a copy of the same notice shall be sent by first clas s
(regular) mail to the same address . If a notice that is sent by certified mail is returne d
unsigned, then service shall be deemed effective pursuant to the regular mail, provide d
the notice that was sent by regular mail is not returned .
b.Failure to Receive Notice . The failure of the person with an ownership (title) interest i n
the property to receive any notice served in accordance with these guidelines or Chapter 1 .24 o f
the Municipal Code shall not affect the validity of any proceedings taken under this Code . If the
address of the owner of record, after diligent search, cannot be found, the notice may be served b y
posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days .
5.
SERVING A NOTICE OF VIOLATION AND/OR ADMINISTRATIVE CITATIO N
Clerical staff may be designated to process all certified mail requests while investigation staff wil l
process all property posting requests themselves . Certified mail returned due to inaccurat e
addressing will have the mailing information confirmed and be mailed once more . Posting wil l
be used in the event service by mail is unsuccessful . Posted notices will be considered served 1 0
days after posting on the property in a conspicuous location . Proper posting shall consist o f
enclosing the Notice in some form of sealed plastic and either securely taping it to the property o r
stapling or tacking the Notice to a stake and staking the property with the Notice .
6.
PROOF OF SERVIC E
Proof of service of the Notice of Violation and/or Administrative Citation shall be documented a t
the time of service by a declaration under penalty of perjury executed by the staff person effectin g
service, declaring the time and manner in which service was made and filed in city records .
7.
CONTENTS OF NOTICE OF VIOLATIO N
The Notice of Violation shall consist of the basic form, attached hereto as Attachment 1, an d
should contain the following information :
a.The correct full name of the owner or owners .
b.The date on which an inspection established the Code violation .
c.The Municipal Code section violated .
d.The City address where the Code violation occurred .
e.A narrative description of the violation established by the inspection stated i n
plain, simple, non-technical language . Photographs of the violation are
encouraged .
f.A narrative which describes the remedies for the abatement of the identified violation .
B2-41
Attachment 4 - Exhibit A
g.For a Notice to Correct, a statement (warning) advising the individual, property owner o r
business owner that if the described conditions are not abated within the time fram e
specified, the City may proceed, as authorized by law, to assess an administrative fine a s
authorized by Chapter 1 .24 of the Municipal Code .
h.A summary and statement of the procedures necessary to pay the administrative fine .
i.For a Notice to Correct, a statement advising that any person having any title interest i n
the property may contest the Notice to Correct by submitting information on a form to b e
approved by the Community Development Director to the Community Developmen t
Director . The form must be received by the Community Development Director withi n
ten (10) days from the date of the Notice to Correct . The statement shall also includ e
notice that failure to contest the Notice to Correct shall deem either the Building Officia l
or the Community Development Director's interpretation of any code as final .
j.For a Notice of Violation and/or Administrative Citation, a statement advising that an y
person having any title interest in the property may appeal the Administrative Citation t o
a Hearing Administrator . The statement shall also include instructions has to how t o
request an appeal .
k.A statement that the Code violation is a public nuisance and that collection of unpai d
administrative fines may, at the City's option, be enforced as an assessment or lie n
against the real property .
1 .
The signature of the staff person issuing the Notice of Violation and/or Administrativ e
Citation .
m.The date the Notice of Violation and/or Administrative Citation is issued .
n.Any other information deemed necessary by the City for due enforcement or fin e
collection purposes .
8 .
RECORDS AND RECORD KEEPING .
All final City staff work documents (except those documents identified as "Confidential —
Attorney/Client Communications") pertaining to the business of an enforcement case should b e
immediately sent to the records division of the appropriate City Department for filing in the street files .
Incoming correspondence, reports, surveys, etc . should be immediately sent to the records division fo r
filing in the street files . Enforcement staff may keep duplicates of these documents in their personal file s
if they wish . No original public records should be kept in places other than the records division .
B2-42
2/7/201 2
•ect Administrative Cite #1 ($100 )
2/14/201 2
Admin Cite #2 ($200 )
1/30/201 2
Administrative Cite #1
Effective Dat e
1/21/201 2
:ice of Violation ($314 fee )
'/201 2
to Correc t
Idline
1/20/201 2
ce of Violation ($314 fee )
iinistrative Cite #1 ($100)
1)Nuis ;
2/21/2012 2)Rec o
Admin Cite #3 3/8/2012 3)Cri m
($500)Admin Cites Become Effectiv e
2/2/2012 2/12/2012 3/12/201 2
Admin Cite #2 Admin Cite #3 1)Nuisance Abatement (Council Action )
($200)($500) Daily 2)Record Admin Citations (Council Action )
3)Criminal Prosecution
Attachment 6
RESOLUTION NO . XXX (2012 Series )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA N
LUIS OBISPO AMENDING ADMINISTRATIVE GUIDELINES I N
CONNECTION WITH THE ISSUANCE AND PROCESSING O F
ADMINISTRATIVE CITATIONS PURSUANT TO CHAPTER 1 .24 OF
THE SAN LUIS OBISPO MUNICIPAL CODE AN D
AMENDING THE AMOUNT OF ADMINISTRATIVE FINE S
PAYABLE UNDER CERTAIN CITATIONS .
WHEREAS, on October 1, 2002, the City Council of the City of San Luis Obisp o
adopted Ordinance No . 1426, which added new Chapter 1 .24 to Title One of the San Lui s
Obispo Municipal Code, entitled "Administrative Code Enforcement Procedures", pertaining t o
the issuance of administrative citations for San Luis Obispo Municipal Code violations ; an d
WHEREAS, Chapter 1 .24 of the San Luis Obispo Municipal Code provides that the Cit y
Council shall by Resolution prepare and promulgate administrative guidelines consistent with th e
goals and policies of Chapter 1 .24 which establishes, among other things, the requirements fo r
the contents of a Notice of Administrative Citation and the requirements for proper service o f
such a Notice ; an d
WHEREAS, on April 10, 2012, the City Council of the City of San Luis Obisp o
introduced for first reading Ordinance No . XXXX (2012 Series) which amends Chapter 1 .24 o f
the San Luis Obispo Municipal Code an d
WHEREAS, California Government Code Section 53069 .4 and San Luis Obisp o
Municipal Code Chapter 1 .24 enables the City, acting as a charter city pursuant to Article XI ,
Sections 5 and 7 of the State Constitution, to impose and collect civil administrative fines i n
conjunction with the abatement of Municipal Code violations ; and
WHEREAS, on September 17, 2002, the City Council adopted Resolution No . 9366 ,
effective October 1, 2002, establishing a Fine Schedule setting forth amounts of administrativ e
fines to be imposed pursuant to Chapter 1 .24 of the San Luis Obispo Municipal Code, an d
adopting Administrative Guidelines ; an d
WHEREAS, Resolution No . 9366 was subsequently amended by Resolution No . 9677 t o
increase the fines for violations of Chapters 9 .12 and 9 .20 ; and
WHEREAS, the City Council desires to amend the current Administrative Guidelines t o
bring them into conformance with the amended Chapter 1 .24 and to lower the fine schedule fo r
certain violations that do not present an immediate threat to the public health and safety .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O F
SAN LUIS OBISPO AS FOLLOWS :
R #
B2-44
Resolution No .
Attachment 6
Page 2
SECTION 1 .Amendments to the Administrative Guidelines for Chapter 1 .24 of the Cit y
of San Luis Obispo Municipal Code dated April 10, 2012, attached hereto as Exhibit A, ar e
hereby approved .
SECTION 2 . The Fine Schedule established by the City Council on September 17, 200 2
by Resolution No . 9366, amended by Resolution No . 9677, for administrative citations issue d
pursuant to Chapter 1 .24 of the San Luis Obispo Municipal Code is hereby amended as follows :
A.For a first violation of the San Luis Obispo Municipal Code, Chapter 17 .17, exceptin g
sections 17 .17 .075(2) and 17 .17 .075(9), the administrative fine shall be the sum of Fifty Dollar s
($50 .00) for each such violation .
B.For the second violation of the same Code section occurring within twelve (12 )
months of the prior violation, the administrative fine shall be the sum of One Hundred Dollars
($100 .00).
C.For the third violation, or additional violations thereafter, of the same Code sectio n
occurring within twelve (12) months of the first violation, the administrative fine shall be the sum o f
Two Hundred Dollars ($200 .00).
SECTION 3 .This Resolution shall go into effect upon the final passage and effective dat e
of Ordinance No . XXXX amending Chapter 1 .24 entitled "Administrative Code Enforcemen t
Procedures" to the San Luis Obispo Municipal Code .
Upon motion of , seconded by
and on the following vote :
AYES :
NOES :
ABSEN T
The foregoing resolution was adopted this day of 2012 .
Mayor Jan Marx
ATTEST :
Sheryll Schroeder, Interim City Cler k
APPROVED AS TO FORM :
/s/ Christine Dietric k
J . Christine Dietrick, City Attorney
B2-45
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