HomeMy WebLinkAboutOrd 2633 - Amending Ttile 1 Ch. 1.13 (Admin Citations) - relating to clarifying appellate processes and establishing the authority to cloud title to real property when violations subject to citation exist ORDINANCE NO. 2633
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 1
(GENERAL PROVISIONS), CHAPTER 1.13 (ADMINISTRATIVE
CITATIONS), OF THE REDDING MUNICIPAL CODE BY ADDING
SECTION 1.13.075 (NOTICE OF NONCOMPLIANCE) AND AMENDING
SECTIONS 1.13.110 (REQUEST FOR HEARING) AND 1.13.200 (RIGHT
TO JUDICIAL REVIEW), AND CHAPTER 1.14 (ADMINISTRATIVE
PENALTIES AND ABATEMENT) OF THE REDDING MUNICIPAL
CODE BY AMENDING SECTIONS 1.14.100 (NOTICE OF PENDENCY
OF ACTION), 1.14.110 (NOTICE OF FINAL DISPOSITION) AND
SECTION 1.14.170 (FINDINGS AND ORDER), ALL RELATING TO
CLARIFYING APPELLATE PROCESSES AND ESTABLISHING THE
AUTHORITY TO CLOUD TITLE TO REAL PROPERTY WHEN
VIOLATIONS SUBJECT TO CITATION EXIST
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES
ORDAIN AS FOLLOWS:
Section 1. Title 1 (General Provisions), Chapter 1.13 (Administrative Citations),
Section 1.13.075 is added to read as follows:
1.13.075 - Notice of Noncompliance.
A. Whenever an enforcement officer determines that any property is maintained in violation
of the Redding Municipal Code, he or she may record a Notice of Noncompliance in a
form approved by the City Attorney.
B. Service of the Notice of Noncompliance shall be made as set forth in Section 1.13.210 of
this Chapter.
C. Upon completion of service, the Notice of Noncompliance shall be recorded against the
property where the violation(s) exist. Such recording shall be made by the Shasta County
Recorder.
D. Any "Owner," as defined by Redding Municipal Code Section 1.13.020, may contest the
validity of the Notice of Noncompliance by making application to the Secretary of the
Administrative Hearings Board within thirty (30) calendar days from the date the Notice
of Noncompliance is served. The Administrative Hearing Board, or hearing officer, shall
hear any such application no later than thirty (30) calendar days after a timely application
is made.
E. When all violations noted on a Notice of Noncompliance have been abated or when
equity may otherwise require, the enforcement officer shall record a release of the Notice
of Noncompliance: The enforcement officer shall serve notice of the release of the
Notice of Noncompliance pursuant to Section 1.13.210.
Section 2. Title 1 (General Provisions), Chapter 1.13 (Administrative Citations),
Section 1.13.110 (Request for Hearing), is amended to read as follows:
1.13.110 - Request for a hearing.
A. Any recipient of an administrative citation may contest that there was a violation of the
municipal code, or that he or she is the responsible party, by completing a request for
hearing form and returning it to the secretary of the board within thirty calendar days
from the date of the administrative citation. The request for hearing form must be
personally signed by the recipient of the administrative citation and accompanied by an
advance deposit of the fine or notice that a request for an advance deposit hardship
waiver has been filed pursuant to Section 1.13.120.
B. A request for hearing form may be obtained from the department specified on the
administrative citation. This form shall require that the appealing party include a brief
statement setting forth the interest that he or she has in the matter relating to the citation
and a brief statement, in ordinary and concise language, of the material facts that he or
she claims support any contention that no administrative fine should be imposed or that
an administrative fine of a different amount is warranted.
C. Failure to timely remit the advance deposit or obtain an advance deposit hardship waiver
shall terminate the request for a hearing on the administrative citation, and the amount of
the fine shall become immediately due and payable.
D. Failure to comply with the procedures set forth in this Section or to timely file a request
for hearing shall be an affirmative defense as a failure to exhaust administrative remedies
in any action for judicial review brought pursuant to Section 1.13.200.
Section 3. Title 1 (General Provisions), Chapter 1.13 (Administrative Citations),
Section 1.13.200 (Right to Judicial Review) is amended to read as follows:
1.13.200 - Right to judicial review.
A. Any person aggrieved by an order of the administrative hearings board or a hearing
officer made pursuant to this chapter may seek judicial review of the order by filing a
petition for review with the Shasta County Superior Court pursuant to the time lines and
provisions of Government Code Section 53069.4 or Code of Civil Procedure 1094.5, as
may be applicable.
B. Enforcement of an administrative enforcement order shall be stayed during the pendency
of a properly and timely filed appeal to the Shasta County Superior Court.
Section 4. Title 1 (General Provisions), Chapter 1.14 (Administrative Penalties and
Abatement), Section 1.14.100 (Notice of Pendency of Action) is amended to read as follows:
1.14.100 -Notice of pendency of action.
A. Concurrent with service of the compliance order as provided for in Section 1.14.090 of
this chapter, the enforcement officer may record a Notice of Pendency of Action with the
county recorder. The enforcement officer shall instruct the county recorder to record the
notice and index it in the property index as well as in the name of each owner of record as
shown in the last equalized assessment roll or the supplemental roll, whichever is more
current, and/or as known to the enforcement officer. The notice shall be in a form
approved by the City Attorney.
B. Service of the Notice of Pendency of Action shall be made as set forth in Section
1.14.060 of this Chapter.
C. Upon completion of service, the Notice of Pendency of Action shall be recorded against
the property where the violation(s) exist. Such recording shall be made by the Shasta
County Recorder.
D. Any "Owner," as defined by Redding Municipal Code Section 1.14.020, may contest the
validity of the Notice of Pendency of Action by making application to the Secretary of
the Administrative Hearings Board within thirty (30) calendar days from the date the
Notice of Pendency of Action is served. The Administrative Hearing Board, or hearing
officer, shall hear any such application no later than thirty (30) calendar days after a
timely application is made.
Section 5. Title 1 (General Provisions), Chapter 1.14 (Administrative Penalties and
Abatement), Section 1.14.110 (Notice of Final Disposition) is amended to read as follows:
1.14.110 - Notice of final disposition.
When all violations noted on a Notice of Pendency of Action have been abated or when equity
may otherwise require, the enforcement officer shall promptly record a release of the Notice of
Pendency of Action. The enforcement officer shall serve notice of the release of the Notice of
Pendency of Action pursuant to Section 1.14.060.
Section 6. Title 1 (General Provisions), Chapter 1.14 (Administrative Penalties and
Abatement), Section 1.14.170 (Findings and Order) is amended to read as follows:
1.14.170 - Findings and order.
A. At the conclusion of a hearing held pursuant to this chapter, the administrative hearings
board or hearing officer, as applicable, shall prepare a written order. The order shall
address each issue in dispute and contain findings of fact for each such issue. The
findings shall be supported by evidence received at the hearing. Orders shall be issued as
follows:
1. For an administrative penalties and abatement hearing, a written administrative
abatement and penalties order as described in Section 1.14.180 of this chapter.
2. For a hearing conducted to determine compliance with an administrative
abatement and penalties order, a determination regarding whether such
compliance has been achieved and whether abatement costs shall be confirmed,
rejected or modified.
3. For an abatement hearing, a determination regarding whether the abatement costs
submitted by the enforcement officer shall be confirmed, rejected or modified,
and/or whether an action to summarily abate was proper.
B. All orders issued in accordance with this section shall be served on the parties to the
hearing within fifteen days of the hearing in accordance with Section 1.14.060 of this
chapter.
C. Notwithstanding any contrary provision in this municipal code, decisions of the board
and hearing officer are final decisions of the city which shall not be appealable to the city
council.
D. Any person aggrieved by any order made pursuant to this Section may seek review of the
order by filing a petition with the Shasta County Superior Court pursuant the time lines
and provisions of Government Code Section 53069.4 or Code of Civil Procedure Section
1094.5, as may be applicable.
Section 7. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the
validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance.
The City Council of the City of Redding hereby declares that it would have adopted each section,
subsection subdivision paragraph, sentence, clause or phrase hereof, irrespective of the fact that
any one or more other sections, subsections subdivisions paragraphs, sentences, clauses or
phrases hereof be declared invalid or unenforceable.
Section 8. The City of Redding finds that this Ordinance is not a "project" according
to the definition set forth in the California Environmental Quality Act ("CEQA"), and, pursuant
to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility
the activity in question may have a significant effect on the environment), the adoption of this
ordinance is therefore not subject to the provisions requiring environmental review.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council of the City of Redding at a regular meeting on the 19th day of January, 2021, and was
duly read and adopted at a regular meeting on the 2nd day of February, 2021, by the following
vote:
AYES: COUNCIL MEMBERS: Dacquisto,Mezzano, Schreder,Winter,and Resner
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ERIN D. RESNER, Mayor
ATTEST: FORM APPROVED:
0000zi /zz��PAMELA MIZE, City Cler, BARRY E. DeW LT, City Attorney
DATE ATTESTED:
Recora' Searchl ight
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CITY C>I_`tF iK J 7 P_ART_OF_T_HE US}�S ??�AY NE_T_`!yORK
SUMMARY OF CITY OF
hiY^ REDDING
SORDINANCE NO.2633'
SUMMARY OF CITY OF
REDDING The following.is a summary
ORDINANCE NO.2633 report of•the•City'of;Reddin
The following is a summary g's'I
No. 2633,• an
CITY OF REDDING PURCHASING CITY OF REDDING PL :,ordinance' of—•_the . City
777 CYPRESS AVE report of the City of R , an
g's Ordinance No. 26333, an Council of - the 'City 'of
ordinance of the City Redding ' amending the
Council of the City of Redding Municipal Code by
REDDING, CA 96001 Redding amending the amending Title 1. (General
Redding Municipal Code by Provisions)'by adding Sec-
amending Title 1 (General tion 1.13.75 (Notice of.Non
Provisions) by adding Sec- :compliance) :and amending
tion f (Notice of Non- Sections '1.13,110 Request
STATE OF WISCONSIN, COUNTY OF BROWN:
compliance)
) and amending . for, Hearing): and
'1.13.200'
Sections 1.13.110 (Request (Right'.-to Judicial,Review),
herebycertify that the Record Searchlight is a newspaper for Hearing) and 1.13.200 and amending Chapter A•1.14
Y 9 (Right to Judicial Review), (Administrative- Penalties
of general circulation within the provisions of the and amending Chapter 1.14 and 'Abatement) by. amend-
Government Code of the State of California, printed and (Administrative Penalties ofv Pet len 1.1 of (Notice
P and Abatement) by amend- ofr Pendency hof :Action),
published in the city of Redding, County of Shasta, State of ing Sections 1.14.100 (Notice 1.14.110 (Notice of Final.
California;that I am the principal clerk of the printer of said of Pendency of Action), Disposition) and •1:.14.170
P P P 1.14.110 (Notice of Final (Findings and Order),.'all
newspaper;that the notice of which the annexed clipping is Disposition) and 1.14.170 relating to clarifying appel-
a true printed co was published in said newspaper on (Findings and Order), all late ,processes .,,and.,estab-
P PY Prelating to clarifying appel- ;'lishing :the! --'authority to
the following dates,to wit: late processes and estab- cloud' title to..real--'Property
lishing the authority to ;when. .violations•subiect':to
cloud title to real property citation exist.
when violations subject to "The proposed ordinance.was
01/2812021 citation exist. introduced' by title.only-at
The proposed ordinance was _the regular Redding'City
introduced by title only at Council .meeting held on
such newspaper was regularly disributed to its subscribers the regular Redding City January •19, '2020, and will
9 Y Council meeting held on
ed- for adoption
during all of said period January 19, 2020, and will at,'its.nn6xt-regular meeting
be considered for adoption r on February,. 2, 2021. The
at its next regular meeting amendments -are ,intended
/alp on February 2, 2021. The to: 1)* authorize Code`•En
amendments are intended
�._ ` ----- forcemeat,personnel" to'Eh-
to: 1) authorize Code En- cord•a Notice of Noncorripli-
Legal Clerk / forcement personnel to re- once, :on the:.title- of.-any,
cord a Notice of Noncompli-
ance on the title of any property..in.violation of:the
certify under penalty of perjury, under the laws of the State property in violation of the Redding''Municipal'Code;•.2)
Redding Municipal Code; 2) conform Sections 4.13:200 '
of California,that the foregoing is true and correct. conform Sections 1.13.200 and-1.1'4.170 of,•the'Redding
and 1.14.170 of the Redding 'Municipal .Code :to`--existing
Municipal Code to existing lav✓as they relate.to the op-
Subscribed and sworn to before on January 28,2021: law as they relate to the op- tions appellants;may use to
tions appellants may use to challenge':an abatement or
challenge an abatement or- der;_3) revise,requirements
der; 3) revise requirements that a. Notice of Pendency
that a Notice of Pendency of Action:and, Notice,of.Fi-
C// i• of Action and Notice of Fi- not Disposition-be submitted
_ nal Disposition be submitted fin the.form as;-indicated :in
Notary, State of vl, County of Brown in the form as indicated in � each'section,'.to the require-
each section, to the require- ment,,that they be ln.a form
ment that they be in a form approved bythe`City`Attor-
approved by the City Attor- ney;,4) clarify-that 61 notice
ney; 4) clarify that a notice of. Pendency-�:of Actionis
l' of Pendency of Action is permitted forany violation
permitted for any violation that.,would impact tne'eco-
M commission expires that would impact the eco- nomic'worth of the property
Y P nomic worth of the property purchased;-'and 5)_allow for
purchased; and 5) allow for a-Notice of Pendency,,of.Ac-
a Notice of Pendency of Ac- ;tion.to,be recorded,'against
tion to be recorded against athe--property- and a.-release
the property and a release •of-the,Notice of Pendency to
Publication Cost: $121. of the Notice of Pendency to be .recorded--at-the.,discre-
S SHELLY L LY H O R A be recorded at the discre- tion ,of".Code .Enforcement
Ad No:0004577091 tion of Code Enforcement personnel..
Customer No: 1211188le
N ota' P u b l i c personnel. .A copy•.of the-full ordinance
Y A copy of the full ordinance is.available for inspection,at
PO#: Ord. 2633 is available for inspection at tithe !City-!of Redding, Office
#ofAffidavits1 State Of Wisconsin the City of Redding, Office ofthe City Clerk.
�„a,.....,c. of the City Clerk. DATED: January 27,2021.
This is not an invoDATED: January 27,2021
4577091
Jan.28,2021 4577091 Jan.28,2021_