HomeMy WebLinkAboutO-1648 AMENDING CHAPTER 1.24-ADMINISTRATIVE CODE ENFORCEMENT PROCEDURES- OF TITLE 1 TO THE SLO CODEORDINANCE NO. 1648 (2018 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING CHAPTER 1.24 (ADMINISTRATIVE
CODE ENFORCEMENT PROCEDURES) OF TITLE 1 TO THE SAN LUIS
OBISPO MUNICIPAL CODE
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Section 1.24.050, subsection E of the San Luis Obispo Municipal Code is
hereby amended as follows:
E. Prior and Repeat Violations. The city may take into consideration the fact that a
person has been previously issued an uncorrected notice of violation and/or a
sustained administrative citation when the city is determining whether to accept an
application or to grant any permit, license or any similar type of land use approval
for that person and such notice of violation and/or administrative citation may be
used as evidence that the person has committed acts that are not compatible with
the health, safety, and general welfare of other persons and businesses within the
city. Repeated violations by the same person or the same property of the same code
provision within any twelve-month period may result in the issuance of an
administrative citation(s) imposing additional or escalated administrative fines
without a notice of violation and/or notice to correct preceding the citation.
SECTION 2. Section 1.24.070, subsection C is hereby added to the San Luis Obispo
Municipal Code as follows:
C. Late Payment Charges. Any person who fails to pay to the City any fine imposed
pursuant to this chapter on or before the date that fine is due also shall be liable for
interest accrued at a rate of 8% per month until paid.
SECTION 3. Sections 1.24.160 through 1.24.200 are hereby added to the San Luis Obispo
Municipal Code as follows:
1.24.160 Issuance and recordation of notices of violation. This chapter shall govern
the procedures relating to the recordation of administrative notices of violation.
1.24.170 Procedures for recordation.
A. Once the director has issued a notice of violation to a responsible person and
the property remains in violation after the deadline established in the notice of
violation, the director may record a notice of violation with the Recorder's Office
of San Luis Obispo County.
Ordinance No. 1648 (2018 Series)
B. Before recordation, the director shall provide to the responsible person a letter
of intent to record a notice of violation unless a written appeal is filed pursuant to
the procedures outlined in this chapter. The letter shall be served pursuant to any of
the methods of service set forth in Chapter 1.24 of this code. The director may also
send a courtesy copy of the letter to any financial institution with a legal interest in
the real property.
C. If a written appeal is not filed pursuant to the procedures set forth in this chapter,
the director may record the notice of violation if the violation has not been
corrected.
D. The recorded notice of violation shall include the name of the property owner,
the property's assessor's parcel number, the parcel's legal description, and a copy
of the notice of violation.
1.24.180 Service of recorded notice of violation. A copy of the recorded notice of
violation shall be served on the responsible person and property owner pursuant to
any of the methods of service set forth in Chapter 1.24 of this code.
1.24.190 Notice of compliance — Procedures.
A. After a notice of violation has been recorded, and after the violations listed on
the notice of violation have been corrected, the responsible person or property
owner may file with the director a written request for a reinspection of the property
to determine compliance with the municipal code and applicable state codes listed
in the recorded notice of violation, and for the issuance of a notice of compliance
on a form provided by the city.
B. Once the director receives this request, the director shall reinspect the property
to determine whether the violations listed in the notice of violation have been
corrected and whether all necessary permits have been issued and final inspections
have been performed.
C. The director shall serve a notice of compliance to the responsible person or
property owner in the manner provided in Chapter 1.24 of this code if the director
determines that:
1. All violations listed in the recorded notice of violation have been
corrected; and
2. All necessary permits have been issued and finalized; and
3. All civil penalties assessed against the property have been paid; and
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Ordinance No. 1648 (2018 Series)
4. The party requesting the notice of compliance has paid an
administrative fee in an amount set by resolution of the City Council to
reimburse the city for all administrative costs related to the request for a
notice of compliance.
Upon finding that the conditions above have been satisfied, the director shall record
the notice of compliance with the County Recorder's Office. The recordation of the
notice of compliance shall have the effect of canceling the recorded notice of
violation.
D. If the director denies a request to issue a notice of compliance, the director shall
serve the responsible person or property owner with a written explanation setting
forth the reasons for the denial. The written explanation shall be served by any of
the methods of service listed in Chapter 1.24 of this code.
E. The director's decision denying a request to issue a notice of compliance shall
be final and non -appealable.
1.24.200 Prohibition against issuance of permits. Subject to the exception set forth
herein, the city may withhold any permit for any alteration, repair or construction
pertaining to any existing or new structures or signs on a property where a notice
of violation is recorded, or any permits pertaining to the use and development of
the real property or the structure. The city may thereafter withhold permits until a
notice of compliance has been issued by the director. The city may not withhold
permits which are necessary to obtain a notice of compliance or which are necessary
to correct serious health and safety violations.
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SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this Ordinance, or any other provisions of the city's rules and regulations. It
is the city's express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
Ordinance No. 1648 (2018 Series)
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SECTION 5. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage.
INTRODUCED on the 15th day of May, 2018, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 5th day of June, 2018, on the following vote:
AYES: Council Members Gomez, Pease and Rivoire,
Vice Mayor Christianson and Mayor Harmon
NOES: None
ABSENT: None
ATTEST:
CJ �V.�'wvl
Teresa Purrington
City Clerk
APPROVED AS-TD1FORM:
Sistine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this 2. ' day of U,vNe , 20)%
Teresa Purrington
City Clerk