HomeMy WebLinkAboutOrdinance - 2356 - Amending Title 1
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SUMMARY OF
CITY OF REDDING
ORDINANCE NO. 2356
The following is a summary Report of the City of Redding's Ordinance No. 2356, an ordinance of
the City Council of the City of Redding amending the Redding Municipal Code by making
substantive revisions to the City's current code enforcement procedures. This ordinance amends
Chapter 1.13 (Administrative Citations), adds new Chapters 1.14 (Administrative Penalties and
Abatement), 1.15 (Abatement of Properties, Buildings, and Conditions), and 2.57 (Code
Enforcement Appeals Board), repeals Chapter 9.10 (property Blight) and Title 15 (Abatement), and
makes various clean-up amendments to other code sections that reference section numbers affected
by these revisions.
BACKGROUND
The City of Redding presently uses a basic citation process to administratively enforce the City's
Municipal Code. This process is codified at Title 1, Chapter 1.13, of the Municipal Code, and permits
code enforcement personnel to issue administrative citations for a select number of code violations.
Appeals of such citations are brought to a hearing officer who is a paid employee of the City. The
Municipal Code also contains, at Title 15, an extensive list of violations that are subject to abatement
proceedings. Presently, there is no relationship between the City's Title 1 enforcement procedures
and Title IS's abatement procedures. California law allows general law cities to use additional
administrative code enforcement tools and procedures to ensure compliance with local laws. The
proposed ordinance, therefore, will incorporate such additional enforcement tools and procedures
into the Municipal Code in order to efficiently administer code enforcement proceedings and
abatement actions under a common set of procedures.
SUMMARY
A. Chapter 1.13 (Administrative Citations)
The proposed ordinance would amend Chapter 1.13 (Administrative Citations) of the Redding
Municipal Code to expand on the definitions, citation process, and hearing procedures applicable
to the imposition of administrative citations. The amounts of fines imposed would be set in
accordance with a schedule of fines to be adopted by resolution of the City Council. Persons cited
would have due process rights to appeal the citation. As a general rule, appeals would be submitted
to the newly created Code Enforcement Appeals Board, but the City Manager would have the
discretion to submit the matter to a hearing officer. Hearing officers would be selected in a manner
that ensures impartiality.
B. Chapter 1.14 (AdministJrative Penalties and Abatement)
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The ordinance would add a new Chapter 1.14 to the Municipal Code and institute new alternative
procedures for imposing penalties and abatement proceedings for code violations. Conditions
meeting the description of an "immediately dangerous building," "immediately dangerous
condition," "dangerous building," "substandard building," or "public nuisance" as these terms are
defmed in proposed Chapter 1.15 would be declared to be a public nuisance and subject to
administrative enforcement under Chapter 1.14. Administrative civil penalties would be assessed
at a daily rate determined by the Code Enforcement Appeals Board or a hearing officer. The
maximum fine would be $2,500 per violation, or $100,000 per parcel or structure for any related
series of violations. Chapter 1.14 also contains procedures by which the City may proceed to abate
unlawful conditions and recover costs for such abatement from the responsible party.
Chapter 1.14 contemplates three types of hearings to ensure that alleged violators are afforded their
due process rights: (1) hearings at which time penalties and abatement actions may be ordered; (2)
hearings to determine compliance with abatement orders; and (3) hearings to determine the amount
of abatement costs incurred by the City. As with the provisions of Chapter 1.13, these hearings
would generally be submitted to the Code Enforcement Appeals Board, but the City Manager would
have the discretion to submit any matter to a hearing officer.
C. Chapter 1.15 (Abatement of Properties, Buildings, and Conditions)
Currently, the City's abatement procedures are contained in Title 15 (Abatement). This ordinance
would take all of the definitions and lists of violations from Title 15, consolidate the Title 15
language into a more efficient format, and move these provisions to a new Chapter 1.15 (Abatement
of Properties, Buildings, and Conditions) in Title 1. The language in Chapter 1.15 has been drafted
to work alongside the enforcement procedures in proposed Chapter 1.14. Title 15 would be repealed
in its entirety. Under the ordinance, the different officers identified in Title 15 (Building Official,
Fire Chief, Health Officer, Director of Development Services) would be combined with the
enforcement officer under the umbrella term of "enforcement authority" and any such enforcement
officer would have the authority to issue Chapter 1.14 Compliance Orders upon finding code
violations.
Similarly, the ordinance would move all of the substantive language in Chapter 9.10 (property
Blight) to proposed Chapter 1.15. The ordinance would repeal Chapter 9.10 in its entirety.
In summary, under the ordinance, the types of violations found in current Chapter 9.10 and Title 15
would now be located in Chapter 1.15 and would be subject to Chapter 1.14 's administrative
enforcement procedures.
D. Chapter 2.57 (Code Enforcement Appeals Board)
The Ordinance would add new Chapter 2.57 to the Municipal Code, and thereby create a new citizen
Code Enforcement Appeals Board tasked with hearing code enforcement matters. The board would
consist offive members appointed by the Mayor with approval of the City Council. Members would
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be selected based on experience or interest in the fields of zoning and building control as well as
professional experience in architecture, engineering, general contracting, subcontracting, and real
estate. The board members would serve without compensation. All board hearings would be open
to the public, and all board proceedings, including deliberations and voting, would be conducted in
public. The members of the board would be required to file annual Statements of Economic Interest.
E. Chapter 9.10 (property Blight)
As indicated above in Section C, the ordinance would move the substantive language currently found
in existing Chapter 9.10 to new Chapter 1.15. The ordinance, therefore, would repeal Chapter 9.10.
F. Title 15 (Abatement)
As indicated above in Section C, the ordinance would move the substantive language currently found
in existing Title 15 to new Chapter 1.15. The Ordinance, therefore, would repeal Title 15.
G. Miscellaneous Amendments
Under the current Municipal Code, Sections 9.09.130,9.11.020,9.11.100,9.20.190, and 9.20.200
refer to other sections of the Municipal Code that would be repealed or renumbered by this
ordinance. Therefore, this ordinance would make the necessary clean-up amendments to the sections
identified above to ensure that they refer to the correct sections upon the passage of the ordinance.
Ordinance No. 2356 was introduced and read at a regular meeting of the City Council of the City
of Redding on November 1, 2005, and was duly read and adopted on the 15th day of November,
2005, at a regular meeting of the City Council by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: Pohlmeyer, Stegall, and Dickenon
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Murray and Mathena
COUNCIL MEMBERS: None
A complete copy of Ordinance No. 2356 is on file and available for review in the Office of the
City Clerk. '
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ORDINANCE NO. 2356
AN ORDINANCE OF THE CITY OF REDDING AMENDING
CHAPTER 1.13 (ADMINISTRATIVE CITATIONS) OF THE
REDDING MUNICIPAL CODE; ADDING CHAPTER 1.141
(ADMINISTRATIVE PENALTIES AND ABATEMENT) TO
THE MUNICIPAL CODE; ADDING CHAPTER 1.15
(ABATEMENT OF PROPERTIES, BUILDINGS, AND
CONDITIONS) TO THE MUNICIPAL CODE; ADDING
CHAPTER 2.57 (ADMINISTRATIVE HEARINGS BOARD)
TO THE MUNICIPAL CODE; AMENDING SECTION 9.09.130
(ENFORCEMENT) OF CHAPTER 9.09 (NEGLECTED
VACANT BUILDINGS) OF THE MUNICIPAL CODE;
REPEALING CHAPTER 9.10 (pROPERTY BLIGHT) OF THE
MUNICIPAL CODE; REPEALING CHAPTER 9.11
(RELOCATION BENEFITS FOR DISPLACED TENANTS) OF
THE MUNICIPAL CODE; AMENDING SECTIONS 9.20.190
(pENAL TIES) AND 9.20.200 (ENFORCEMENT - CITATION
AUTHORITY) OF CHAPTER 9.20 (FIRE PREVENTION);
AND REPEALING TITLE 15 (ABATEMENT) OF THE
MUNICIPAL CODE AND RESERVING THAT TITLE
NUMBER FOR FUTURE USE ALL RELATING TO
REMEDIES AND ADMINISTRATIVE ENFORCEMENT OF
THE REDDING MUNICIPAL CODE
The City Council of the City of Redding does ordain as follows:
Section 1. Chapter 1.13 (Administrative Citations) of the Redding Municipal Code is
repealed and re-adopted to read as follows:
Chapter 1.13
ADMINISTRATIVE CITATIONS
1.13.01Q Purpose and Intent
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The City Council has determined that the enforcement of the Redding Municipal Code throughout
the City is an important public service vital to the protection of the public's peace, health, safety,
and quality of life. The council has also determined that an administrative citation program is an
appropriate method of enforcing violations of the Municipal Code. This chapter provides uniform
procedures for issuing administrative citations and conducting administrative hearings, and is in
addition to all other criminal, civil, or administrative remedies that may be pursued by the City to
address any violation of the Municipal Code. Use of this chapter as a remedy shall be at the sole
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discretion of the City.
1.13.020 Dermitions
For purposes of this chapter; the following definitions shall apply:
A. "Administrative citation" means a written notice of violation of a provision of the Redding
Municipal Code, which may include the imposition of an administrative fme.
B. "Board" means the Administrative Hearings Board of the City of Redding, as described in
Chapter 2.57.
C. "Citation costs" means all costs incurred by the City from the first discovery of the violations
through the appeal process and until compliance is achieved, including but not limited to staff time
in inspecting the property, sending notices, preparing and attending any appeal hearing, and fees paid
to a Hearing officer.
D. "City Manager" means the City of Redding's City Manager, or duly authorized designee of the
City Manager.
E. "Enforcement officer" means any City employee designated by Municipal Code 0][' authorized by
that designated employee, or any employee authorized by the City Manager to have the authority
to enforce any provision of the Municipal Code.
F. "Hearing Officer" means an individual that meets or exceeds minimum qualification criteria
established by the City Manager for training and experience in the subject matters of this chapter.
Hearing officers assigned to conduct hearings under this chapter shall be selected by the City
Manager in a manner that does not create an appearance that the hearing officer could be rewarded
with future remunerative employment for decisions favorable to the City.
G. "Owner" means the owner or owners of any premises or real property.
H. "Person" or "persons" means any individual, partnership, corporation, joint venture, receiver,
limited liability company, trust, estate, cooperative, association, or any other entity.
I. "Responsible party" means any person in possession or control of the premises or location where
the code violation exists as well as any person responsible for causing or maintaining the violation,
and includes, but is not limited to, any of the following:
1. The person who owns the property where the violations exist;
2. The person in possession or control of the premises where the violation exists;
3. The person using the premises when the violation exists;
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4. If any such person is a minor, the parent or guardians of such minor shall be the
responsible party;
5. If the person is a corporation or limited liability company, any senior officer of that
corporation or limited liability company shall be a responsible party;
6. If the person is a partnership, joint venture, cooperative, or association, any partner or
member of the joint venture, cooperative, or association shall be a responsible party;
7. If the person is a trust, any trustee shall be a responsible party;
8. If the person is an estate, the administrator of the estate shall be a responsible party; or,
9. If the person is a business entity, the manager or on-site supervisor where the violation
exists shall be a responsible party.
1.13.030 Violation of the Municipal Code
A. Any person violating any provision of the Municipal Code may be subject to the issuance of an
administrative citation pursuant to the administrative procedures provided in this chapter.
B. For the purposes of this chapter, each and every day a violation of any provision of the Municipal
Code exists constitutes a separate and distinct violation.
1.13.040 Alternative Actions
The procedures provided in this chapter shall be cumulative and in addition to any other procedure
or legal remedy provided for in the Municipal Code or by state law. Nothing in this (;hapter shall be
deemed to prevent the City from commencing alternative administrative, civil, or criminal
proceedings to penalize or abate a nuisance under applicable civil, criminal, or Municipal Code
provisions as an alternative to the proceedings set forth in this chapter.
1.13.050 Authority to Enter and Inspect Property
For the purposes of this chapter, any enforcement officer shall have the power to enter onto any
public or private property within the City of Redding in order to determine the existence of a
violation of any provision of the Municipal Code and to make any inspection, examination, or survey
as may be necessary to perform enforcement duties. All entries, inspections, examinations, and
surveys shall be done in a reasonable manner. If an owner, occupant, or agent refuses permission to
enter or inspect, the enforcement officer may seek an administrative inspection warrant pursuant to
California Code of Civil Procedure section 1822.50 through 1822.59, as may be amended from time
to time.
1.13.060 Opportunity to Cure Non-Urgent Violations
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The administrative citation process set forth in this chapter may be utilized to enforce continuing
violations of this code provided, however, that the person responsible for any such continuing
violation shall be allowed a reasonable period of time to correct or otherwise remedy the violation
prior to the City's issuance of an administrative citation. Nothing in this section, however, shall
require the City to provide any such correction period concerning violations creating an immediate
danger to health or safety, or to any building, plumbing, electrical, or other similar structural or
zoning code violations which are transient and non-continuing in nature.
1.13.070 Authority to Issue Administrative Citation
Whenever an enforcement officer determines that a violation of any provision of the Municipal Code
has occurred, the enforcement officer shall have the authority to issue an administrative citation to
any applicable responsible party. If the enforcement officer determines that multiple code violations
have occurred, the administrative citation shall address all such violations. Administrative citations
shall be served in accordance with Section 1.13.210.
1.13.080 Contents of Administrative Citation
Each administrative citation issued pursuant to this chapter shall contain the following information:
A. The date of the violation;
B. The address or a definite description of the location where the violation occurred;
C. The section of this code violated and a description of the violation;
D. The amount of the fine for the code violation;
E. A description of the fine payment process, including a description of the time within which and
the place to which the fme shall be paid;
F. An order prohibiting the continuation or repeated occurrence of the code violation described in
the administrative citation;
G. A description of the administrative citation review process, including the time within which the
administrative citation may be contested and the place to obtain a Request for Hearing form to
contest the administrative citation; and
H. The name and signature of the citing enforcement officer.
1.13.090 Amount of Fines
A. An administrative fine shall be directly assessed by means of an administrative citation issued by
an enforcement officer.
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B. The amounts of the fines for code violations imposed pursuant to this chapter shall be set forth
in the schedule of fmes established by resolution of the City Council.
C. The schedule of fines shall specify any increased fines for repeat violations of the same code
proVIsIon.
D. The schedule of fines shall specify the amount of any late payment charges 'imposed for the
payment of a fme after its due date.
1.13.100 Payment of Fines
A. Any fine imposed under this chapter shall be made payable to the City of Redding, and shall be
submitted to the City Treasurer within thirty calendar days from the date of the administrative
citation.
B. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated
occurrence of the code violation that is the subject of the administrative citation.
C. Any payment of a fine shall be refunded upon the issuance of an Administrative Enforcement
Order finding that the person charged in the administrative citation was not responsible for the
violation or that there was no violation as charged in the administrative citation.
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 enforcement officer within thirty calendar days from the date of the administrative
citation. The Request for Hearing form must be accompanied by an advance deposit of the fme 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 fme 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 reque~t for a hearing on the administrative citation, and the amount of the fme shall
become immediately due and payable.
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1.13.120 Advance Deposit Hardship Waiver
A. Any person who intends to request a hearing to contest an administrative citation, and who claims
to be financially unable to make the advance deposit of the fine as required in section 1.13.11 OA may
request an Advance Deposit Hardship Waiver in accordance with this section.
B. A request that the City waive all or part of the advance deposit must be filed on an Advance
Deposit Hardship Waiver application form. The request must be filed with the enforcement officer
within thirty calendar days of the date of the a<4ninistrative citation. The request must include a
sworn declaration together with any supporting: documentation or materials describing the cited
person's fmancial inability to deposit the full am~unt of the fme in advance of the hearing. The cited
person bears the burden of demonstrating to the City his or her inability to deposit 1the full amount
of the fme in advance of the hearing.
C. The City may issue an Advance Deposit Hardship Waiver that waives the requirement of an
advance deposit of the fine or requires a partial deposit of the fine, only if the person requesting the
waiver has demonstrated an actual inability to deposit with the City the full amount of the fine in
advance of the hearing.
D. If the City denies the request for an Advance Deposit Hardship Waiver, it shall issue a written
determination listing the reasons for the denial. Such determination shall be fmal, and shall be served
by mail on the person requesting waiver.
E.lfthe City denies the issuance of an Advance Deposit Hardship Waiver, the person requesting the
waiver shall remit the advance deposit of the full fme amount to the City within ten calendar days
of the date of the denial or thirty calendar days from the date of the administrative citation,
whichever is later.
F. If the City determines that the person requesting the waiver is required to deposit only a specified
part of the amount of the fine, that person shall remit the required amount to the City within ten
calendar days of the date of the decision or thirty calendar days from the date of the administrative
citation, whichever is later.
1.13.130 Setting the Hearing; Additional Reports; Failure to Appear
A. Hearings contesting the issuance of an administrative citation shall be conducted by the
Administrative Hearings Board or a hearing officer.
B. The Administrative Hearings Board or hearing officer, as applicable, has continuing jurisdiction
over the subject matter of an administrative appeal hearing for the purposes of granting a
continuance, ensuring compliance with an administrative citation, modifying an administrative order,
or where extraordinary circumstances exist, granting a new hearing.
C. No hearing to contest an administrative citation before the Administrative Hearings Board or a
hearing officer shall be held unless the fine has been deposited in advance in accordance with section
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1.13.110A or an Advance Deposit Hardship Waiver has been issued in accordance with section
1.13.120C.
D. If the enforcement officer submits an additional written report concerning the administrative
citation to the Administrative Hearings Board or hearing officer for consideration at the hearing, then
a copy of this report also shall be served on the person requesting the hearing at least five calendar
days prior to the date of the hearing.
E. The failure of the cited person to appear at the hearing to contest an administrative citation shall
constitute a forfeiture of the fine and a failure to exhaust that person's administrative remedies.
1.13.140 Hearings Conducted by the Administrative Hearings Board
A. The chairperson of the Administrative Hearings Board, or the vice-chairperson in the
chairperson's absence, shall set the hearing date or the dates for regular meetings of the Board where
hearings are conducted to contest administrative citations. Such hearing shall be set for a date not
( less than fifteen calendar days and not more than sixty calendar days from the date that the request
for hearing is filed or the date of issuance of the Advance Deposit Hardship Waiver, whichever is
later.
B. The Administrative Hearings Board shall serve notice of the administrative citation hearing upon
the cited person. Service shall be made pursuant to section 1.13.210 at least ten calendar days prior
to the date of the hearing. The notice of hearing shall contain the date, time and place at which the
hearing will be conducted.
C. The hearing shall be conducted in accordance with the Administrative Hearings Board rules
governing the conduct of administrative hearings, as set forth in section 2.57.090.
D. Upon a showing of good cause by either party or on its own motion, the Administrative Hearings
Board shall have the authority to continue any hearing, to issue subpoenas for persons to appear and
produce testimony and/or for persons to produce documents if the Board beHeves that the
information is relevant, material and necessary to make a determination on the matter. The Board
may seek judicial validation of any subpoena which has not been complied with and it shall
thereafter be unlawful, subject to prosecution as a misdemeanor, for any person to refuse to obey
such a subpoena.
E. After considering all of the testimony and evidence submitted at the hearing, the Board shall vote
to uphold or dismiss each violation in the administrative citation. Such action shall be taken only
after approval by at least three members of the Board. After voting, the Board's chairperson shall
inform the parties of the decision, and appoint a member of the Board to prepare a written
Administrative Enforcement Order that meets the requirements of section 1.13.170.
1.13.150 Hearings Conducted by Hearing Officer
A. Upon appointment by the City Manager, the Hearing Officer shall set the date for a hearing to
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contest an administrative citation. The date shall be set not less than fifteen calendar days and not
more than sixty calendar days from either the date that the request for hearing is filed in accordance
with provisions of this chapter or the date of issuance of the Advance Deposit Hardship Waiver,
whichever is later.
B. The City Manager shall serve notice of the Administrative Citation Hearing upon the cited person.
Service shall be made pursuant to section 1.13.210 at least ten calendar days prior to the date of the
hearing. The notice of hearing shall contain the date, time and place at which the hearing will be
conducted.
C. The hearing shall be conducted in accordance with the following rules:
1. Administrative hearings are intended to be informal in nature. Formal rules of evidence
and discovery do not apply. Irrelevant, immaterial, and unduly repetitious evidence shall
be excluded, but all other evidence of a type commonly relied upon by reasonably
prudent persons in the conduct of their affairs shall be admissible, whether or not such
evidence would be admissible in a trial in the courts of this state. Fundamental due
process shall be observed and shall govern the proceedings. The procedure and format
of the administrative hearing shall follow the procedures promulgated by the City
Manager.
2. The alleged violator has the right to represent himself or herself, or to be represented by
anyone of his or her choice.
3. Any party to the hearing shall be given the opportunity to testify, cross-examine
witnesses, and present evidence as to the existence of the cited violation or as to whether
or not the cited person is the responsible party.
4. The Hearing Officer may inquire of any witness testifying at the hearing. The alleged
violator or his or her representative, if any, and the officer presenting the City's case
before the Hearing Officer, shall be permitted to inquire of any witness testifying at the
hearing. All parties to the hearing shall be permitted to present brief opening and closing
statements.
5. Upon a showing of good cause by either party or on its own motion, the Hearing Officer
shall have the authority to continue any hearing and to issue subpoenas for persons to
appear and produce testimony and/or for persons to produce documents if the Board
believes that the information is relevant, material and necessary for the Board to make
a determination on the matter. The Hearing Officer may seek judicial validation of any
subpoena which has not been complied with and it shall thereafter be unlawful, subject
to prosecution as a misdemeanor, for any person to refuse to obey such a subpoena.
6. The City bears the burden of proof at an administrative enforcement hearing to establish
the existence of a violation of the Municipal Code.
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7. The standard of proof to be used by the Hearing Officer in deciding the issues at an
administrative hearing is by a preponderance of the evidence.
8. Continuances for good cause may be granted on the motion of any party or upon the
Hearing Officer's own motion. The Hearing Officer may request additional information
from any party prior to issuing a written decision.
9. All hearings shall be recorded to audiotape or any other electronic format that ensures
an accurate record of the meeting. The proceedings at the hearing may also be reported
by a certified shorthand reporter if such reporter is provided by the responsible party at
his or her own expense.
10. All hearings and proceedings shall be open to the public.
D. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer
shall prepare a written Administrative Enforcement Order that meets the requirements of Section
1:.13.170.
1.13.160 Scope of Hearing
A. At a hearing conducted under this chapter, the Administrative Hearings Board or Hearing Officer,
as applicable, shall hear and consider all relevant evidence, including, but not limited to, the
testimony of the responsible party, City personnel, neighbors, witnesses, or other interested parties,
and may consider staff reports or other written materials, on any of the following issues:
1. Whether the responsible party caused or maintained a violation of the Municipal Code
as stated in the administrative citation.
2. Whether the person or persons named in the administrative citation are responsible
parties.
3. Whether the amount of the fine imposed is consistent with the schedule of fines
established by resolution of the City Council.
B. The administrative citation and any additional report submitted by the enforcement officer shall
constitute prima facie evidence of the respective facts contained in those documents.
1.13.170 Administrative Enforcement Order
A. An Administrative Enforcement Order shall address each contested violation in the administrative
citation and contain findings of fact for each such violation. The findings shall be supported by
evidence received at the hearing.
B. The Administrative Enforcement Order may:
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1. Affirm, reject, or modify any fine imposed by the administrative citation;
2. Impose conditions and deadlines to correct the violations set forth in the administrative
citation;
3. Assess reasonable citation costs incurred by the City.
C. The Administrative Enforcement Order shall be served on the parties to the hearing within fifteen
calendar days of the hearing in accordance with Section 1.13.210.
D. If the Board or Hearing Officer determines that the administrative citation should be upheld, then
the fine amount on deposit with the City shall be retained by the City, less any reduction authorized
by the order.
E. If the Board or Hearing Officer determines that the violations set forth in the administrative
citation should be upheld and the fine has not been deposited pursuant to an Advance Deposit
Hardship Waiver, the Board or Hearing Officer, as applicable, shall set forth in the order a payment
schedule for payment of the fine.
F. If the Board or Hearing Officer determines that any violations set forth in the administrative
citation should be dismissed and the fine for those violations was deposited with the City, then the
City shall promptly refund the amount of the deposited fine.
G. An Administrative Enforcement Order constitutes the final decision of the Board or Hearing
Officer and the final decision of the City. Notwithstanding any other contrary provision in this
Municipal Code, a final decision rendered in accordance with this section is not appealable to the
City Council.
1.13.180 Late Payment Charges
Any person who fails to pay to the City any fine or any scheduled partial payment of such fine on
or before the due date shall be liable for the payment of any applicable late payment charges set forth
in the schedule of administrative citation fines established by resolution by the City Council.
1.13.190 Recovery of Fines and Costs
The City may use all available legal means to collect any past due administrative citation fines, late
payment charges, and costs of collection.
1.13.200 Right to Judicial Review
A. Any person aggrieved by an order of the Administrative Hearings Board or a Hearing Officer
pursuant to this chapter may obtain judicial review of the order by filing a Petition for Review with
the Shasta County Superior Court within twenty calendar days of service of the Administrative
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Enforcement Order, in accordance with the time lines and provisions set forth in California
Government Code section 53069.4.
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. .
1.13.210 Service of Notices
A. All written notices required under the provisions of this chapter shall be served in the following
manner:
1. By personal delivery, or
2. By deposit in the United States Mail, in a sealed envelope postage prepaid, addressed to
the person at his or her last-known business or residence address as it appears on the last
equalized assessment roll, or to any other reliable address known by the Enforcement
Officer. Service by mail shall be deemed completed on the date of mailing.
B. Where personal service or service by mail upon a person cannot be made despite a diligent effort,
a copy of the notice shall be conspicuously posted at the property where the violation has occurred.
C. Notwithstanding any provision in this section, service by regular mail may be made to any person
at any address authorized or requested by such person.
D. The failure of any person to receive a notice required under this chapter, provided such notice
was properly served, mailed, or posted, shall not affect the validity of any proceedings taken under
this chapter.
Section 2. Chapter 1.14 (Administrative Penalties andAbatement) is added to the Redding
Municipal Code to read asfollows:
Chapter 1.14
ADMINISTRATIVE PENAL TIES AND ABATEMENT
Part I. General Provisions
1.14.010 Purpose and Intent
The City Council has determined that the enforcement of the Redding Municipal Code throughout
the City is an important public service and is vital to the protection of the public's peace, health,
safety, and quality oflife. The Council has also determined that the imposition of an administrative
penalty and abatement program is an appropriate method of enhancing and promoting the
maintenance of real property, improving the livability, appearance, and. the social and economic
conditions of the community, and will ensure that the real properties do not reach such a state of
deterioration or disrepair as to cause the depreciation of the value of the surrounding neighborhood
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or be materially detrimental to nearby properties and improvements. This chapter provides uniform
procedures for issuing administrative penalties, ordering ab~tement proceedings, conducting
administrative hearings, and is in addition to all other administrative, civil, or criminal remedies that
may be pursued by the City to address any violation of the Municipal Code. Use of this chapter as
a remedy shall be at the sole discretion of the City.
1.14.020 Definitions
As used in this Chapter:
A. "Abate" means action to terminate, stop, cease, repair, rehabilitate, replace, demolish, correct, or
otherwise remedy nuisance activity, condition, premises or conduct by such means and in such
manner as to bring the activity, condition, premises, or conduct into compliance with the laws or
regulations of the City of Redding and/or the State of California or in such manner as is necessary
to promote the health, safety, or general welfare of the public.
B. "Abatement costs" means the actual costs paid or incurred by the City in connection with the
matter, including, but not limited to:
1. Costs of investigation;
2. Personnel costs;
3. City overhead incurred in the preparation for any hearing and appearing at the hearing
itself;
4. Fees paid to a Hearing Officer;
5. Costs incurred for all inspections and re-inspections necessary to enforce any order
issued under this chapter;
6. Costs of preparation of notices, specifications, and contracts and inspecting the work
performed under contract;
7. Costs of mailing and printing notices and documents;
8. The cost, including staffing costs, expended or incurred by the City in abating the
conditions or violations pursuant to any order under this chapter;
9. The cost of repairing, securing, demolishing, or otherwise abating a building or structure;
10. The cost of title reports, placing or removing liens and closing the file, and any other
related administrative costs.
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C. "Board" means the Administrative Hearings Board of the City of Redding, as described in chapter
2.57.
D. "City Manager" means the City of Redding's City Manager, or duly authorized designee of the
City Manager.
E. "Compliance Order" means a written notice of violation of a provision of the Redding Municipal
Code, which may include an order to carry out remedial actions to correct the violation or abate the
condition that is the subject of the violation.
F. "Enforcement officer" means any City officer, employee, or agent of the City designated by the
Municipal Code or the City Manager to enforce particular provisions of the Municipal Code or any
code adopted by the City, and includes the City's health officer, fire chief, building official, director
of development services, enforcement officer, and their respective designees.
G. "Hearing Officer" means an individual that meets or exceeds minimum qualification criteria
established by the City Manager for training and experience in the subject matters of this chapter.
Hearing Officers assigned to conduct hearings under this chapter shall be selected by the City
Manager in a manner that does not create a risk that the Hearing Officer will be rewarded with future
remunerative employment for decisions favorable to the City.
H. "Administrative Abatement and Penalties Order" means a written order issued by the
Administrative Hearings Board or a Hearing Officer following an administrative hearing on the
subject of a violation of a provision of the Municipal Code.
1. "Owner" means the owner or owners of any premises or real property.
J. "Person" or "persons" mean any individual, partnership, corporation, joint venture, receiver,
limited liability company, trust, estate, cooperative, association, or any other entity.
K. "Responsible Party" means any person in charge of the premises or location where the code
violation exists as well as any person responsible for causing or maintaining the violation, and
includes, but is not limited to, any of the following:
1. The person who owns the property where the violations exist;
2. The person in charge of the premises where the violation exists;
3. The person using the premises when the violation exists;
4. If any such person is a minor, the parent or guardians of such minor shall be the
responsible party;
5. If the person is a corporation or limited liability company, any senior officer of that
corporation or limited liability company shall be a responsible party;
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6. If the person is a partnership, joint venture, cooperative, or association, any partner or
member of the joint venture, cooperative, or association shall be a responsible party;
7. If the person is a trust, any trustee shall be a responsible party;
8. If the person is an estate, the administrator of the estate shall be a responsible party; or,
9. If the person is a business entity, the manager or on-site supervisor where the violation
exists shall be a responsible party.
1.14.030 Responsibility for Property Maintenance
Every responsible party who owns, controls or is in possession of premises within the City is
required to maintain such premises in a manner so as not to violate the provisions of the Municipal
Code. Any responsible party who fails to do so shall be guilty of a misdemeanor for each day such
violation continues.
1.14.040 Alternative Actions
The administrative procedures provided in this chapter shall be cumulative and in addition to any
other procedure or legal remedy provided for in the Redding Municipal Code or by state law for the
abatement of nuisance related activities, premises, conditions, or conduct. Nothing in this chapter
shall be deemed to prevent the City from commencing alternative administrative, civil, or criminal
proceedings to abate or penalize a nuisance under applicable civil, criminal, or Municipal Code
provisions as an alternative to the proceedings set forth in this chapter.
1.14.050 Imposition of Administrative Penalty
A. Any person violating any provision of the Municipal Code may be subject to the assessment of
administrative civil penalties pursuant to the procedures provided in this chapter.
B. Administrative civil penalties may be directly assessed by means of an Administrative Abatement
and Penalties Order issued under this chapter. Administrative civil penalties may be collected as
special assessments, recorded as a lien upon and against real property, or recovered by legal action
brought by the City.
C. Administrative civil penalties for violations of the Municipal Code shall be assessed at a daily
rate determined by the Administrative Hearings Board or a Hearing Officer pursuant to the criteria
listed in Section 1.14.190. The maximum rate shall be $2,500 per violation. The maximum amount
of administrative civil penalties shall not exceed $100,000 per parcel or structure for any related
series of violations.
D. For the purposes of this chapter, each and every day a violation of any provision of the Municipal
Code exists constitutes a separate and distinct violation.
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1.14.060 Service of Notices
A. All written notices required to be given under the provisions of this chapter shall be served in the
following manner:
1. By personal delivery, or
2. By deposit in the United States Mail, in a sealed envelope postage prepaid, addressed to
the person at his or her last-known business or residence address as it appears on the last
equalized assessment roll, or to any other reliable address known by the Enforcement
Officer. Service by mail shall be deemed completed on the date of mailing.
B. Where personal service or service by mail upon a person cannot be made despite a diligent effort,
a copy of the notice shall be conspicuously posted at the property where the public nuisance is
occurnng.
C. Notwithstanding any provision in this section, service by regular mail may be made to any person
at any address authorized or requested by such person.
D. The failure of any person to receive any notice required under this chapter and properly served,
mailed, or posted under this chapter shall not affect the validity of any proceedings taken under this
chapter.
Part II. Unlawful Conditions
1.14.070 Unlawful Property Conditions
It is unlawful for any Responsible Party to maintain such property in any condition that violates the
provisions of the Redding Municipal Code including, but not limited to, the conditions described in
Chapter 1.15. Any condition meeting the description of an "immediately dangerous building,"
"immediately dangerous condition," "dangerous building," "substandard building," or "public
nuisance" as these terms are defmed in Section 1.15.020, is hereby declared to be a public nuisance,
and is subject to administrative enforcement under this chapter. Such procedures shall not be
exclusive and shall not in any manner limit or restrict the City from imposing fmes or penalties or
abating public nuisances in any other manner provided by law.
1.14.080 Authority to Enter, Inspect, and Abate Property
For the purposes of this chapter, any Enforcement Officer shall have the power to enter onto any
public or private property within the City of Redding in order to determine the existence of a
violation of any provision of the Municipal Code, and to make any inspection, examination, or
survey as may be necessary to perform enforcement duties. Any Enforcement Officer shall also have
the power to abate any building or premises whenever necessary to secure compliance with, or
prevent violation of any provision of this chapter. All entries, inspections, examinations, surveys,
and abatements shall be done in a reasonable manner. If an owner, occupant, or agent refuses
15
permission to enter, inspect, or abate, the Enforcement Officer may seek an administrative inspection
warrant pursuant to California Code of Civil Procedure section 1822.50 through 1822.59, as may be
amended from time to time.
Part III. Procedure
1.14.090 Compliance Order
A. Whenever an enforcement officer determines that any property is maintained in violation of the
Municipal Code, he or she may serve on the responsible party a written Compliance Order. In
addition to any information required for particular violations pursuant to Chapter 1.15, the
Compliance Order shall contain:
1. The date and location of the violation;
2. The section of the code violated and a description of the violation;
3. The actions required to correct the violation(s);
4. The time period after which administrative penalties will begin to accrue if compliance
with the order has not been achieved. .
5. An explanation of the consequences of noncompliance with the Compliance Order and
a description of the hearing procedure and appeal process.
B. Service of the Compliance Order shall be made as set forth in Section 1.14.060.
1.14.100 Notice of pendency of action
Concurrent with service of the Compliance Order as provided for in section 1.14.090, the
Enforcement Officer shall 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 substantially the following form:
NOTICE OF PENDENCY OF ACTION
NOTICE IS HEREBY GIVEN that pursuant to Redding Municipal Code Chapter 1.15, an
administrative abatement action was commenced on , by the City of Redding against
the property described herein and the action is now pending.
The action alleges that the property is in violation of Redding Municipal Code Chapter 1.15 in that
it constitutes a dangerous building and that such dangerous building must be abated.
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As of the date of commencement of the abatement action, the name and address of th,e record owner
of the property described herein is:
The real property against which the abatement action is pending is that certain real property
commonly known as , Assessor Parcel Number , and more
particularly described in Exhibit A, attached hereto and incorporated by reference herein.
CITY OF REDDING
Dated:
Name of Enforcement Officer
1.14.110 Notice of final disposition
The Enforcement Officer shall record a Notice of Final Disposition of Action within fifteen calendar
days following the earlier of the following dates: (1) the date the enforcement officer verifies both .
voluntary compliance with the Compliance Order and payment of all accrued costs to which the City
is entitled pursuant to this chapter; or (2) the date offinal resolution of the action. The notice offinal
disposition of action shall be in substantially the following form:
NOTICE OF FINAL DISPOSITION OF ACTION
NOTICE IS HEREBY GIVEN THAT pursuant to Redding Municipal Code chapter 1.14:
1. Final disposition has been reached in the administrative action referenced in that notice of
pendency of action recorded on , in Book , at Page _, of the Official Records of Shasta
County, California.
2. The City of Redding does hereby withdraw the above-referenced notice of pendency of action.
3. The above-referenced notice of pendency of action affected that certain real property commonly
known as , Assessor Parcel Number , and more particularly
described in Exhibit A, attached hereto and incorporated by reference herein.
CITY OF REDDING
Dated:
Name of Officer
1.14.120 Request for Bearing; Failure to Appear
A. The Enforcement Officer shall request that an Administrative Penalties and Abatement Hearing
be set when the Responsible Party fails to comply with the terms of the Compliance Order. Failure
17
to comply includes failure to commence and complete corrections by the established deadlines, and
failure to refrain from continuing violations of the Municipal Code.
B. The Administrative Penalties and Abatement Hearing shall be conducted by the Administrative
Hearings Board or a Hearing Officer.
C. The Administrative Hearings Board or Hearing Officer has continuing jurisdiction over the
subject matter of an administrative appeal hearing for the purposes of granting a continuance,
ensuring compliance with a Compliance Order, modifying a Compliance Order, or where
extraordinary circumstances exist, granting a new hearing.
D. The Administrative Penalties and Abatement Hearing shall provide a full opportunity for the
Responsible Parties subject to a Compliance Order to object to the order's determination that a
violation has occurred; that the violation has continued to exist or has recurred; that the person is
responsible for creating, maintaining, or fostering the violation; or that the condition constituting the
violation should be abated in accordarice with the Compliance Order.
E. The failure of any person subject to a Compliance Order pursuant to this chapter to appear at the
Administrative Penalties and Abatement Hearing shall constitute an admission of the facts in the
Compliance Order and shall constitute a failure to exhaust administrative remedies.
1.14.130 Hearings Conducted by the Administrative Hearings Boanl
A. The chairperson of the Administrative Hearings Board, or the vice-chairperson in the
chairperson's absence, shall set the date for the Administrative Penalties and Abatement Hearing,
and for any other hearing held before the Board under the provisions of this chapter. The hearing date
shall be not less than fifteen calendar days nor more than sixty calendar days from the date of the
Notice of Hearing, unless the person setting the hearing determines the matter is urgent or good
cause exists for an extension of time.
B. The Board shall serve the Notice of Hearing upon the person whose property is the subject of the
hearing. Service shall be made pursuant to Section 1.14.060 at least fourteen calendar days prior to
the date of the hearing. The Notice of Hearing shall contain the time, date, and place at which the
hearing will be conducted.
C. The hearing shall be conducted in accordance with the Board's rules governing the conduct of
administrative hearings, as set forth in Section 2.57.090.
D. After considering all of the testimony and evidence submitted at a hearing, the Board shall vote
to take appropriate action. Such action shall be taken only upon a motion approved by at least three
members of the Board. After voting, the Board's chairperson shall inform the parties of the Board's
decision, and appoint a member of the Board to prepare a written order that meets the requirements
of Section 1.14.170.
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1.14.140 Hearings Conducted by Hearing Officer
A. The Hearing Officer shall set the date for the Administrative Penalties and Abatement Hearing,
and for any other hearing required by this chapter. The hearing date shall be not less than fifteen
calendar days nor more than sixty calendar days from the date of the Notice of Hearing, unless the
Hearing Officer determines the matter is urgent or good cause exists for an extension of time.
B. The City Manager or his or her designee shall serve the Notice of Hearing upon the person whose
property is the subject of the hearing. Service shall be made pursuant to Section 1.14.060 at least
fourteen calendar days prior to the date of the hearing. The notice of hearing shall contain the time,
date, and place at which the hearing will be conducted.
C. The hearing shall be conducted in accordance with the following rules:
1. Administrative hearings are intended to be informal in nature. Formal rules of evidence
and discovery do not apply. Irrelevant, immaterial, and unduly repetitious evidence shall
be excluded, but all other evidence of a type commonly relied upon by reasonably
prudent persons in the conduct of their affairs shall be admissible, whether or not such
evidence would be admissible in a trial in the courts of this state. Fundamental due
process shall be observed and shall govern the proceedings. The procedure and format
of the administrative hearing shall follow the procedures promulgated by the City
manager.
2. The alleged violator has the right to represent himself or herself, or to be represented by
anyone of his or her choice.
3. Any party to the hearing shall be given the opportunity to testify, cross-examine
witnesses, and present evidence as to the existence of the cited violation or as to whether
or not the cited person is the Responsible Party.
4. The Hearing Officer may inquire of any witness testifying at the hearing. The alleged
violator or his or her representative, if any, and the officer presenting the City's case
before the Hearing Officer, shall be permitted to inquire of any witness testifying at the
hearing. All parties to the hearing shall be permitted to present brief opening and closing
statements.
5. At the request of either party, for good cause shown, the Hearing Officer may continue
any hearing and issue a subpoena in accordance with the provisions of the California
Administrative Procedures Act to compel the production of documents or the attendance
of a third party witnesses, if the compelling of such information is relevant, material and
deemed necessary for the Hearing Officer to reach a decision. However, subpoenas shall
not be requested for or issued as a means to compel testimony or the production of
documents from the City or any of its employees or officers, or from the Responsible
Party. It is unlawful for any person to refuse to obey a subpoena issued by a Hearing
Officer, if such subpoena has been judicially validated by a court. Failure to obey a
19
subpoena which has been judicially validated constitutes contempt and may be
prosecuted as a misdemeanor.
6. The City bears the burden of proof at an administrative enforcement hearing to establish
the existence of a violation of the Municipal Code.
7. The standard of proof to be used by the Hearing Officer in deciding the issues at an
administrative hearing is by a preponderance of the evidence.
8. Continuances for good cause may be granted on the motion of any party or upon the
Hearing Officer's own motion. The Hearing Officer may request additional information
from any party prior to issuing a written decision.
9. All hearings shall be recorded onto audiotape or any other electronic format that ensures
an accurate record of the meeting. The proceedings at the hearing may also be reported
by a certified shorthand reporter if such reporter is provided by the responsible party at
his or her own expense.
10. All hearings and proceedings shall be open to the public.
D. After considering all of the testimony and evidence submitted at a hearing, the Hearing Officer
shall prepare a written order that meets the requirements of Section 1.14.170.
1.14.150 Scope of Hearing
A. The Administrative Hearings Board or Hearing Officer, as applicable, shall hear and consider all
relevant evidence, including, but not limited to, the testimony of the responsible party, City
personnel, neighbors, witnesses, or other interested parties, and may consider staff reports or other
written materials, on any of the following issues:
1. Whether the responsible party caused or maintained a violation of the Municipal Code
as stated in the Compliance Order.
2. Whether the person or persons named in the Compliance Order are responsible parties.
3. Whether the method of abatement described in the Compliance Order is appropriate.
4. The amount of administrative penalties and interest to be assessed.
5. Whether the responsible party has complied with a previous order of the Administrative
Hearings Board or a Hearing Officer pursuant to this chapter.
6. The amount of abatement costs. Abatement costs may include scheduling and processing
of the hearing and all subsequent actions related to the hearing.
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B. The Compliance Order and any additional report submitted by the Enforcement Officer shall
constitute prima facie evidence of the respective facts contained in those documents.
1.14.160 Inspection of Property
The Administrative Hearings Board or the Hearing Officer, as applicable, may, with the owner(s)
consent, inspect the building or premises involved in the hearing prior to, during, or after the hearing,
provided that:
A. Notice of such inspection shall be given to the parties before the inspection is made;
B. The parties are given an opportunity to be present during the inspection; and
C. The Board or Hearing Officer shall state for the record during the hearing, or file a written
statement after the hearing for inclusion in the hearing record, upon completion of the inspection,
the material facts observed and the conclusion drawn from the inspection; and
D. Each party then shall have a right to rebut or explain the matters so stated by Board or the Hearing
Officer either for the record during the hearing or by filing a written statement after the hearing for
inclusion in the hearing record.
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.
2. For a hearing conducted to determine compliance with an Administrative Abatement and
Penalties Order, a determination regarding whether such compliance has been achieved.
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.
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. Any
person aggrieved by such orders may obtain review of the order within ninety days by filing with the
Shasta County Superior Court a petition for review pursuant to California Code of Civil Procedure
21
section 1094.5, except however, if the Administrative Abatement and Penalties Order contains the
imposition of Administrative Penalties judicial review of the order shall be pursued by filing a
petition for review with the Shasta County Superior Court within twenty calendar days of service of
the Administrative Abatement and Penalties Order, in accordance with the time lines and provisions
set forth in California Government Code section 53069.4.. Enforcement of any order made pursuant
to this chapter shall be stayed during the pendency of a properly and timely filed petition for review.
Part IV. Penalty and Abatement Orders
1.14.180 Administrative Abatement and Penalties Order
A. An Administrative Abatement and Penalties Order shall address each contested violation in the
Compliance Order, and contain fmdings of fact for each such violation. The fmdings shall be
supported by evidence received at the hearing.
B. An Administrative Abatement and Penalties Order shall affirm, reject, or modify the terms of the
Compliance Order. The Administrative Abatement and Penalties Order may impose or order any or
all of the following:
1. Administrative penalties.
2. An order to abate the nuisance within a specific time.
3. Administrative costs, including, but not limited to, costs of investigation, staffing
costs incurred in preparation for the hearing and the hearing itself, and costs for all
re-inspections necessary to enforce the Compliance Order.
4. Interest on the penalties and costs imposed at the legal rate from the date of the order.
C. The Administrative Abatement and Penalties Order shall also state that if the responsible party
fails, refuses, or neglects to abate the condition constituting the violation within the time set forth
therein, the City may abate the condition at the expense of the responsible party, and the expense
thereof recovered by way of special assessment or lien on the property.
D. The Administrative Abatement and Penalties Order shall be served upon any responsible party
and the enforcement officer pursuant to Section 1.14.060.
1.14.190 Administrative Penalties
A. In determining the amount of the administrative civil penalties to be assessed, the Administrative
Hearings Board or any Hearing Officer may consider some or all of the following factors:
1. The duration of the violation.
2. The frequency of recurrence of the violation.
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3. The seriousness of the violation.
4. The history of the violation.
5. The responsible party's conduct.
6. The good faith effort by the responsible party to comply.
7. The economic impact of the penalty on the responsible party.
8. The impact of the violation upon the community.
9. Any other factors that justice may require.
.
B. Administrative penalties imposed shall accrue from and after the date specified in the Compliance
Order and shall cease to accrue on the date the violation is corrected as determined by the
enforcement officer. Administrative penalties may be suspended for any period of time during which
the violator has filed for necessary permits and such permit applications are actively pending before
the City, state, or other appropriate agency.
C. The City Manager may establish a penalty schedule for use as a guideline in determining the
amount of administrative civil penalties.
1.14.200 Requirement to Abate
A. The public nuisance found to exist on the property shall be abated by having such property,
building, or structures rehabilitated, repaired, or demolished within the time specified, and in the
manner and means specifically set forth in any Administrative Abatement and Penalties Order issued
by the Administrative Hearings Board or a Hearing Officer.
B. Every person subject to an Administrative Abatement and Penalties Order shall comply with that
order and with all applicable laws, permits, or other approvals of the federal, state, or local
governments in any and all actions taken pursuant to or in order to comply with the order, including,
without limitation, the payment of all applicable permit fees.
C. Any such person who fails to comply with an Administrative Abatement and Penalties Order is
guilty of a misdemeanor.
1.14.210 Failure to Obey Administrative Abatement and Penalties Order - Dangerous
Conditions
A. Whenever the required abatement is not commenced or completed within the time limits
prescribed in a Compliance Order or Administrative Abatement and Penalties Order and a building
is in such condition as to make it immediately dangerous to the life, limb, property, or safety of the
public or its occupants, or if the City's building official determines that abatement of a building
23
cannot be accomplished without making it immediately dangerous to life, limb, property, or safety
of the public or its occupants, the building official shall order the building to be vacated pursuant to
a notice to vacate.
B. Every notice to vacate ordered shall be served pursuant to Section 1.14.060, and shall also be
posted at or upon each exit of the building or upon any individual unit to be vacated in substantially
the following form:
DANGEROUS BillLDING
DO NOT ENTER
UNSAFE TO OCCUPY
You are hereby ordered and required to vacate this building/premises on or before
It is a misdemeanor pursuant to Redding Municipal Code Sections 1.14.200 and 1.15.080 to occupy
this building on or after or to remove or deface this notice.
Building Official
City of Redding
By
C. Whenever a notice to vacate is posted, the Enforcement Officer shall specify in the notice and
order to vacate the conditions that necessitate an immediate notice to vacate.
D. No person shall remain in or enter any building, structure, or premises that have been so posted,
except that entry may be made to abate the property or building under permit without the consent of
the building official. No person shall remove or deface any such notice after it is posted until the
required abatement has been completed, and a certificate of occupancy issued pursuant to the
provisions of the Redding Municipal Code and the California Building Code, if necessary. Any
person violating this subsection shall be guilty of a misdemeanor.
E. The building official may permit occupancy of the building or individual units if the owner
corrects those problems which pose an immediate danger to life, limb, property, and safety of the
public or occupants.
F. Whenever a notice to vacate has been posted and served in accordance with this subsection, the
building official may order the immediate disconnection of any utility services determined to be
hazardous by the building official. If the sewer service is ordered disconnected pursuant to this
section, City water service to such building shall also be disconnected in order to prevent the
accumulation of sewage on such premises. It shall be unlawful and a misdemeanor for any person
to fail to disconnect utility services when ordered to do so pursuant to the provisions of this
subsection.
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G. Prior to issuing a notice to vacate, the building official shall obtain approval of the City Attorney
or his/her representative.
1.14.220 Interference with Work Prohibited
It is unlawful and a misdemeanor for any person to obstruct, impede, or interfere with any officer,
employee, contractor, or authorized representative of the City, or with any person who owns or holds
legal interest in a property on which a condition exists that has been ordered abated and/or vacated
under the provisions of this chapter when such persons are engaged in the work of abating and/or
vacating such property or condition pursuant to the provisions of this chapter, or is performing any
necessary act preliminary to or incidental to such work or authorized or directed pursuant to this
chapter.
1.14.230 Compliance Report
If an Enforcement Officer determines that compliance with an Administrative Abatement and
Penalties Order has been achieved, the Enforcement Officer shall notify the responsible party and
file a report with the City Manager indicating that compliance has been achieved and the date of the
City's fmal inspection of the property.
1.14.240 Compliance Dispute; Hearing; Finality
A. If an Enforcement Officer does not file a compliance report pursuant to Section 1.14.230, any
person subject to an Administrative Abatement and Penalties Order who believes that compliance
has been achieved may request a compliance hearing by filing a written request for a hearing with
the City Manager.
B. The compliance hearing shall be conducted by the Administrative Hearings Board pursuant to
Section 1.14.130, unless the City Manager appoints a Hearing Officer to conduct the hearing
pursuant to Section 1.14.170.
C. The Administrative Hearings Board or Hearing Officer, as applicable, shall determine whether
compliance with the Administrative Abatement and Penalties Order has been achieved and, if so,
when achieved. The determination shall be issued and served in accordance with the provisions of
Section 1.14.160.
Part V. Abatement by City
1.14.250 Abatement of Public Nuisance by the City
A. If an enforcement officer determines that compliance with an Administrative Abatement and
Penalties Order has not been achieved and the time for compliance has lapsed, the nuisance
conditions may be abated by City personnel or by a private contractor.
B. City personnel or a private contractor may enter upon private property in a reasonable manner as
25
provided by law to abate the public nuisance as specified in the Administrative Abatement and
Penalties Order.
C. When any abatement work is to be done pursuant to this section, the enforcement officer shall
provide the final order or decision to the Building Official or City Engineer (as appropriate) and the
work shall be accomplished by City personnel or by private contract after obtaining any necessary
permits and in accordance with approved plans and specifications.
D. If the responsible party abates the nuisance conditions before the City performs the actual
abatement pursuant to the Administrative Abatement and Penalties Order, the City may still assess
all abatement costs incurred by the City against the responsible party pursuant to the procedures set
forth in this chapter.
E. The cost of such abatement work may be made a lien against the property involved and made a
personal obligation of the property owner. All administrative and actual costs incurred by the City
in abating the violations may be assessed and recovered against the responsible party pursuant to the
provisions set forth in this chapter.
1.14.260 Sale of Materials
A. In the event the City abates a building or property and the abatement consists in the removal of
materials or demolition of a building or structure, the City may, at the City's sole discretion, sell the
removed materials or materials contained in the demolished building or structure at public sale to
the highest responsible bidder. The City shall notice the sale by publication at least five days prior
to the date of the sale. The notice shall be published twice in a newspaper of general circulation in
the City. The notice by publication may occur either before or after the removal of the materials or
demolition of the building or structure.
B. Any moneys received from the sale of such removed materials or materials contained in the
demolished building or structure shall be deducted from the expense of abatement.
1.14.270 Account of Abatement Costs
A. The enforcement officer shall keep an itemized account of all expenses incurred by the City in
the abatement of a condition or nuisance under this chapter.
B. The enforcement officer shall keep an itemized account of all revenue received by the City for any
sale of materials pursuant to Section 1.14.260.
C. Upon the completion of the work, the enforcement officer shall prepare a report, verified by the
City official in charge of doing the work, specifying the following information:
1. The work done in abating the condition or public nuisance, if any.
26
2. The itemized and total cost of the abatement proceedings undertaken pursuant to this
chapter.
3. The itemized and total revenue received from any sale of materials pursuant to
Section 1.14.260.
4. The net expense of the abatement (gross expenses less the revenue from any sale of
materials pursuant to Section 1.14.260).
5. A description of the real property upon which the building or condition is or was
located.
6. The names and addresses of the persons entitled to notice pursuant to Section
1.14.060.
7. Notice of the time, date, and place when and where the Administrative Hearings
Board or Hearing Officer, as applicable, will hear and pass upon the report, together
with any objections or protests which may be filed by any person interested in or
affected by the proposed charge, and shall confirm, reject, or modify the report and
determine whether the charge shall be made a personal obligation of the property
owner(s) and charged as a lien or special assessment against the property involved.
8. A statement that an order issued by the Administrative Hearings Board or a Hearing
Officer is a final decision, and is subject to judicial review pursuant to California
Code of Civil Procedure section 1094.5.
1.14.280 Abatement Hearing
A. The City Manager or his designee shall schedule an Abatement Hearing unless waived in writing
by all responsible parties. The Abatement Hearing shall be conducted by the Administrative Hearings
Board pursuant to Section 1.14.130, unless the City Manager appoints a Hearing Officer to conduct
the hearing pursuant to Section 1.14.140.
B. Service of the enforcement officer's report of abatement costs and the notice of the Abatement
Hearing shall be made pursuant to 1.14.060. Service of the report and the notice shall be made at
least ten calendar days prior to the date set for hearing. All costs associated with service of the report
and notice shall be added to total costs to be reviewed by the Administrative Hearings Board or
Hearing Officer.
1.14.290 Objection to Abatement Costs; Objection to Summary Abatement
A. Any person interested in or affected by the proposed charge of abatement costs may file written
protests or objections with the enforcement officer at any time prior to the time set for the Abatement
Hearing, or may make an oral objection at the hearing. Each written objection must contain a
description of the property that is the subject of the protest and the grounds of such objection. The
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enforcement officer shall endorse on every such written objection the date it was received by him
or her. The enforcement officer shall present such written objections to the Administrative Hearings
Board or Hearing Officer, as applicable, at the time set for the hearing, and no other written
objections shall be considered.
B. No objection concerning actions of the enforcement officer, the Administrative Hearings Board,
or any Hearing Officer, in ordering the abatement of the condition or nuisance, shall be heard at this
time.
C. Notwithstanding subsection B, any person interested in or affected by summary abatement
procedures performed in accordance with Section 1.15.080 may make written and oral objections
regarding whether the action to summarily abate was proper and whether any ongoing summary
abatement procedures should continue.
1.14.300 Confmnation, Rejection, or Modification of Abatement Costs
A. On the date and time set for the hearing, the Administrative Hearings Board or Hearing Officer,
as applicable, shall consider the abatement costs report of the enforcement officer together with any
appropriately made objections, and shall confirm, reject, or modify the report by issuing a written
Abatement Costs Order.
B. Where the hearing concerns summary abatement procedures performed in accordance with
Section 1.15.080, the Administrative Hearings Board or Hearing Officer, as applicable, may
determine whether or not the action to summarily abate was proper and whether any ongoing
summary abatement procedures should continue, and may modify the abatement costs in any manner
deemed appropriate.
C. Decisions made pursuant to this section shall be issued and served in accordance with the
provisions of Section 1.14.170.
Part VI. Recovery of Penalties and Abatement Costs
1.14.310 Recovery of Penalties and Costs
A. Administrative penalties and abatement costs shall be a debt to the City and subject to all
remedies for debt collection as allowed by law.
B. When a violation involves privately owned real property and the abatement costs and penalties
are unpaid within the prescribed time set forth in the applicable order, the amount of such costs and
penalties may be recorded as a lien upon and against the real property or collected as special
assessments without further hearing, subject to the provisions of Sections 1.14.320 or 1.14.330.
C. The City may recover its collection costs pursuant to Section 1.04.050.
D. In addition to any other means of enforcement, the City Attorney is authorized to bring a civil
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action against the responsible party for collection of administrative penalties and abatement costs
in any court of competent jurisdiction.
1.14.320 Lien Procedure
A. The City may make any unpaid abatement costs or unpaid administrative penalties a lien against
the real property that was the subject of proceedings an Administrative Abatement and Penalties
Order issued in accordance with Part IV of this Chapter or an Abatement Costs Order issued in
accordance with Part V of this Chapter.
B. Upon determination by the City Manager that the abatement costs and penalties contained in an
Administrative Abatement and Penalties Order or an Abatement Costs Order have not been satisfied
in full within ninety calendar days of the date specified in the order, and the order has not been
successfully challenged by a timely appeal for review before the superior court, the City Manager
may prepare a Nuisance Abatement Lien stating the name of the City of Redding as the agency on
whose behalf the lien is imposed; the total amounts due and owing; the date of the Administrative
Abatement and Penalties Order or the Abatement Costs Order; the street address, legal description,
and assessor's parcel number of the subject property; and the name and address of the recorded
owner of the property. A copy of the Administrative Abatement and Penalties Order or the
Abatement Costs Order shall be attached to and made a part of the lien.
C. Prior to recording the Nuisance Abatement Lien, the City Manager shall serve a copy of the lien
on the property owner, along with notice to the property owner that a lien in the amounts stated in
the Nuisance Abatement Lien will be filed against the subject property in the office of the Shasta
County Assessor-Recorder.
D. The Nuisance Abatement Lien shall be served in the same manner as summons in a civil action
in accordance with Code of Civil Procedure ~ 415.10 et seq. If the owner of record, after diligent
search cannot be found, the lien may be served by posting a copy thereof in a conspicuous place upon
the property for a period of 10 days and publication thereof in a newspaper of general circulation
published in Shasta County.
E. Following proper notice to the owner of record as provided in subsection D above, the Nuisance
Abatement Lien shall be recorded with the Shasta County Assessor-Recorder. Once recorded, the
Nuisance Abatement Lien shall have the force and effect and priority of a judgment lien governed
by the provisions of Sections 697.340 of the Code of Civil Procedure and may be extended as
provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.
F. A copy of the Nuisance Abatement Lien shall be filed in the office of the City Clerk.
G. Interest at the legal rate per year shall accrue on the principal amount of the lien until satisfied
pursuant to law.
H. A lien pursuant to this section may be foreclosed by an action brought by the City for a money
judgment.
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1.14.330 Special Assessment Procedure
A. As an alternative to the procedure authorized by Section 1.14.320, the City may make any unpaid
abatement costs or penalties a special assessment against the real property that was the subject of an
Administrative Abatement and Penalties Order issued in accordance with Part N of this Chapter
or an Abatement Costs Order issued in accordance with Part V of this Chapter.
B. Upon determination by the City Manager that the abatement costs and penalties contained in an
Administrative Abatement and Penalties Order or an Abatement Costs Order have not been satisfied
in full within ninety calendar days of the date specified in the order, and the order has not been
successfully challenged by a timely appeal for review before the superior court, the City Manager
may prepare a Notice of Assessment Lien stating the name of the City of Redding as the agency on
whose behalf the lien is imposed; the total amounts due and owing; the date of the Administrative
Abatement and Penalties Order or the Abatement Costs Order; the street address, legal description,
and assessor's parcel number of the subject property; and the name and address of the recorded
owner of the property. A copy of the Administrative Abatement and Penalties Order or the
Abatement Costs Order shall be attached to and made a part of the lien.
C. The City Manager shall serve a copy of the Notice of Assessment Lien on the property owner.
Such notice shall be served by certified mail to the property owner. If the owner of record, after
diligent search cannot be found, notice may be served by posting a copy thereof in a conspicuous
place upon the property for a period of 10 days and publication thereof in a newspaper of general
circulation published in Shasta County. The tax collector's power of sale shall not be affected by the
failure of the property owner to receive the notice.
D. Upon service of the Notice of Assessment Lien on the property owner, the City Manager shall
cause a certified copy of the notice to be recorded with the Shasta County Assessor-Recorder, which
shall add the amount of the assessment to the next regular tax bill levied against the property in the
same manner as ordinary municipal taxes. The assessment lien shall be subordinate to all existing
special assessment liens previously imposed upon the same property and paramount to all other liens
except state, county, and municipal taxes with which it shall have parity. The assessment lien shall
continue until the assessment and all interest due and payable thereon has been paid.
E. The assessment may be collected at the same time and in the same manner as ordinary municipal
taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case
of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection,
and enforcement of municipal taxes shall be applicable to the special assessment. However, if any
real property to which the assessment relates has been transferred or conveyed to a bona fide
purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches
thereon, prior to the date on which the first installment of the taxes would become delinquent, then
the assessment shall not result in a lien against the real property but instead shall be transferred to
the unsecured roll for collection.
F. A copy of the Notice of Assessment Lien shall be filed in the office of the City Clerk.
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G. Interest shall accrue on the principal amount of the assessment until satisfied pursuant to law.
H. The City may, subject to the requirements applicable to the sale of property pursuant to Section
3691 of the Revenue and Taxation Code, conduct a sale of vacant residential developed property for
which the payment of the assessment is delinquent.
1.14.340 Satisfaction of lien or special assessment
For any lien or special assessment imposed under this chapter, once payment in full has been
received by the City, the City Clerk shall either record a Notice of Satisfaction or provide the
property owner or applicable financial institution with a Notice of Satisfaction so they may record
such notice with the Shasta County Assessor-Recorder. The Notice of Satisfaction shall cancel the
City's lien or special assessment.
Section 3. Chapter 1.15 (Abatement of Properties, Buildings, and Conditions) is added
to the Redding Municipal Code to read as follows:
Chapter 1.15
ABATEMENT OF PROPERTIES, BUILDINGS, AND CONDITIONS
Part I. General Provisions
1.15.010 Applicability
This chapter provides abatement procedures for violations of the Redding Municipal Code and other
codes adopted by the City when such violations create immediately dangerous, dangerous or
substandard buildings or conditions on real property or otherwise constitute a public nuisance that
endangers the life, limb, health, property, safety, or welfare of the public.
1.15.020 Def'mitions
As used in this Chapter:
A. "Combustible materials" means materials that are readily ignitable, free-burning, or that will
ignite through contact with flames of ordinary temperatures and includes combustible decorative
materials, combustible fibers, combustible liquids, and combustible waste material as those terms
are defined in the California Fire Code adopted by the City.
B. "Dangerous building" means any building or structure that has one or more of the conditions or
defects described in section 1.15.090.
C. "Enforcement officer" means any City officer, employee, or agent of the City designated by the
Municipal Code or the City Manager to enforce particular provisions of the Municipal Code or any
code adopted by the City, and includes the City's health officer, fire chief, building official, director
31
of development services, enforcement officer, and their respective designees.
D. "Immediately dangerous building" means any building or structure that has been so damaged by
fire, infestation, seismic disturbance, or by any other cause, including neglect, to the extent that its
structural integrity is irreparably damaged or destroyed and is in imminent danger of collapsing or
where the condition of the structure poses an immediate and present threat to life, health, or safety
of the public.
E. "Immediately dangerous condition" means a condition on any property that, in the opinion of the
enforcement officer, is of such a nature as to be imminently dangerous to the health, safety, or
welfare of the public, and that would subject any person to potential harm of a serious nature unless
abated without delay.
F. "Junk" means any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable,
worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon,
cement, plastic or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of Paris,
rubber, terra cotta, wool, cotton, cloth, canvas, organic matter, or other substance, having no
substantial market value or requiring reconditioning in order to be used for its original purpose.
G. "Junk yard" means ajunkyard as that term is defined in Title 18 or any property on which any
junk is abandoned, bailed, bartered, bought, brought, bundled, deposited, disassembled, disposed of,
exchanged, handled, kept, packed, processed, scattered, shipped, sold, stored, or transported,
regardless of whether or not such activity is done for profit.
H. "Owner" means the owner of record of real property, occupant, lessee, sublessee, interested
holder in real property, or homeowners association, as the case may be. For purposes of this chapter,
a homeowners association that exercises management and/or control over a common area shall be
deemed an owner of the area over which such control is exercised. Exercising control includes but
is not limited to ownership, maintenance, easements and/or assessing fees on property owners
pursuant to agreements, deeds, or recorded documents.
I. "Person" means individuals, partnerships, corporations, joint ventures, receivers, limited liability
company, trust, estate, cooperative, association or any other entity.
J. "Property" means any real property and/or improvements thereon, as the case may be, including
but not limited to, an area designated as a common area within a condominium or similar project.
K. "Public nuisance" means any property, building, or structure that has one or more of the
conditions or defects described in section 1.15.150.
L. "Rubbish" includes all waste, refuse and rejected matter, whether animal, vegetable or mineral,
manufactured or natural, including but not limited to; ,cast away furniture, packing materials,
construction waste, dry manure, debris, tree or shrub trimmings, or other matter that could constitute
or increase a fire hazard.
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M. "Substandard building" means any building or structure that has one or more of the conditions
or defects described in section 1.15.140.
N. "Weeds" include plants that bear seeds of a downy or winged nature; sagebrush, chaparral,
manzanita, berry bushes, bamboo, and any other brush that can become a fire hazard to the property
or adjacent property; poison oak; and dry grass, grass or weed stubble, dry or dead brush or shrubs.
1.15.030 Code requirements
A. All buildings, structures, and properties that are required to be repaired, demolished, secured, or
otherwise abated under the provisions of this chapter shall be subject to the requirements and
standards set forth in the Redding Municipal Code or any other code adopted by the City.
B. All buildings, structures, and properties within the scope of this chapter and all construction or
work for which a permit is required shall be subject to inspection in accordance with and in the
manner provided by applicable provisions of the Redding Municipal Code or any other code adopted
by the City.
1.15.040 Responsibility for maintenance of property
Every owner of real property within the City is required to maintain such property in a manner so
as not to violate the provisions of the Redding Municipal Code or any other code adopted by the
City, and such owner remains liable for violations thereof regardless of any contract or agreement
with any third party regarding such property.
1.15.050 Civil actions-Private parties
A. Any property owner or tenant of property within five hundred feet of an immediately dangerous
building, an immediately dangerous condition, a dangerous building, a substandard building or a
public nuisance, as defined in this chapter, is declared to be damaged thereby.
B. Any such party may institute a civil action against the property owner or lessee, sublessee, or
occupant who creates or maintains an immediately dangerous building, an immediately dangerous
condition, a dangerous building, a substandard building or a public nuisance to obtain damages
and/or require compliance with the requirements of the Redding Municipal Code or any other code
adopted by the City. Damages shall include actual damages, costs, attorney's fees, and a civil penalty
of up to five hundred dollars in addition thereto.
C. Nothing in this provision shall be construed to limit any other right or remedy otherwise available
in law or equity to any party, nor shall this provision in any way limit the City's right to enforcement
under any other provision of this code nor shall it create a duty or obligation on the part of the City.
1.15.060 Abatement, repair, and demolition fund
A. The City council shall establish a special revolving fund to be designated as the abatement, repair,
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and demolition fund. Payments shall be made out of the fund upon the demand of the enforcement
officer to defray the costs and expenses that may be incurred by the City in doing or causing to be
done the necessary work of abatement, repair, demolition, or securement pursuant to this chapter.
B. The City Council may at any time transfer to the abatement, repair, and demolition fund, out of
any money in the general fund or applicable enterprise fund of the City, such sums as it may deem
necessary to expedite the performance of the work of abatement, repair, demolition, or securement,
and any sum so transferred shall be deemed a loan to the abatement, repair, and demolition fund and
shall be repaid out of the proceeds of the collections provided for in this chapter. All funds collected
under the proceedings in this chapter shall be paid to the City Treasurer who shall credit the same
to the abatement, repair, and demolition fund.
1.15.070 Penalties and costs
A. Any party who has maintained an immediately dangerous building, an immediately dangerous
condition, a dangerous building, a substandard building, or a public nuisance may be subject to
penalties following an administrative hearing conducted in accordance with the provisions of
Chapter 1.14 of this code.
B. The cost of abatement, including all reasonable administrative and engineering costs incurred by
the City as a result of the abatement, as well as any penalties imposed in connection with the
abatement, may be collected as a special assessment against, or made a lien against, the property
upon which the immediately dangerous building or immediately dangerous condition was located
in accordance with the provisions of Chapters 1.14 and 1.15 of this code.
Part II. Immediately Dangerous Buildings and Conditions
1.15.080 Summary abatement of immediately dangerous buildings and conditions
A. Whenever an enforcement officer has inspected or caused to be inspected any building or
structure and has found and determined that such building or structure is an "immediately dangerous
building" as defmed in this chapter, the immediately dangerous building may be summarily abated
and removed by the City without prior notice to any person who owns or occupies the building or
structure.
B. Whenever an enforcement officer has inspected or caused to be inspected any property and has
found and determined there exists on such property an "immediately dangerous condition" as defined
in this chapter, the immediately dangerous condition may be summarily abated and removed by the
City without prior notice to any person who owns or occupies the property.
C. The enforcement officer may summarily abate the immediately dangerous building or
immediately dangerous condition in any reasonable manner that he or she determines will eliminate
the immediate threat to the health, safety, and welfare of the public. Reasonable means to abate the
immediately dangerous building or immediately dangerous condition include, but are not limited to,
demolition, repairing, boarding to City specifications, securing, fencing, and vacating.
34
D. At any time after the initiation of summary abatement procedures pursuant to this section, any
owner or occupant of the premises subject to summary abatement may make a written request to the
City Manager for a hearing to determine whether summary abatement procedures are appropriate and
whether such procedures should continue. Upon such request, the City Manager shall schedule an
Abatement Hearing to be conducted in accordance with Sections 1.14.280 through 1.14.300 as soon
as practicable. During the scheduling and pendency of any hearing requested pursuant to this
section, the enforcement officer's order shall remain in full force and effect unless or until such time
that it is modified by the Administrative Hearings Board or a Hearing Officer.
Part III. Dangerous Buildings
1.15.090 Dangerous buildings specified
Any building or structure that has one or more of the following conditions or defects shall be deemed
to be a dangerous building when such conditions or defects endanger the life, health, property, or
safety of the occupants or the public.
A. Whenever any door, aisle, hallway, passageway, stairway, or other means of exit is not of
sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case
of fire or panic.
B. Whenever the walking surface of any aisle, hallway, passageway, stairway, or other means of exit
is so warped, buckled, worn, loose, tom, or otherwise unsafe as to not provide safe and adequate
means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads,
is more than one and one-halftimes the working stress or stresses allowed in the Redding Municipal
Code, the California Building Code, or any other code adopted by the City for new buildings of
similar structure, purpose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other
cause, to such an extent that the structural strength or stability thereof is materially less than it was
before such catastrophe and is less than the minimum requirements of the Redding Municipal Code,
the California Building Code, or any other code adopted by the City for new buildings of similar
structure, purpose, or location.
E. Whenever any portion or member of a building or appurtenance thereof is likely to fail, or to
become detached or dislodged, or to collapse and thereby injure persons or damage property.
F. Whenever any portion of a building or any member, appurtenance, or ornamentation on the
exterior thereof is not of sufficient strength or stability, or is not so anchored, attached, or fastened
in place so as to be capable of resisting a wind pressure of two thirds of that specified in the Redding
Municipal Code, the California Building Code, or any other code adopted by the City for new
buildings of similar structure, purpose, or location without exceeding the working stresses permitted
in the Redding Municipal Code, the California Building Code, or any other code adopted by the City
35
for such buildings.
G. Whenever any portion thereof has wracked, warped, buckled, or settled to such an extent that
walls or other structural portions have materially less resistance to winds or earthquakes than is
required in the case of similar new construction.
H. Whenever the building or structure, or any portion thereof, is likely to partially or completely
collapse because of:
1. Dilapidation, deterioration, or decay;
2. Faulty construction;
3. The removal, movement, or instability of any portion of the ground necessary for the
purpose of supporting such building;
4. The deterioration, decay, or inadequacy of its foundation; or
5. Any other cause.
I. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe
for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an
extent that a plumb line passing through the center of gravity does not fall inside the middle one-
third of the base.
K. Whenever the building or structure, exclusive of the foundation, shows thirty-three percent or
more damage or deterioration of its supporting member or members, or fifty percent damage or
deterioration of its non-supporting members, enclosing or outside walls or coverings.
L. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or
has become so dilapidated or deteriorated as to become an attractive nuisance to children or a harbor
for vagrants or criminals.
M. Whenever any building or structure has been constructed, exists, or is maintained in violation
of any specific requirement or prohibition applicable to such building or structure provided by the
Redding Municipal Code, the California Building Code, the California Fire Code, any other code
adopted by the City, or any law or ordinance of this state or City relating to the condition, location,
or structure of buildings.
N. Whenever any building or structure which, whether or not erected in accordance with all
applicable laws and ordinances, has in any non-supporting part, member, or portion, less than fifty
percent or in any supporting part, member, or portion less than sixty-six percent, of the (1) strength,
(2) fire-resisting qualities or characteristics, or (3) weather- resisting qualities or characteristics
36
required by law in the case of a newly constructed building oflike area, height, and occupancy in the
same location.
O. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction, or arrangement,
inadequate light, air or sanitation facilities, insects, rodents, pests or other vectors, or otherwise, is
determined by the building official or health officer to be unsanitary, unfit for human habitation, or
in such a condition that is likely to cause sickness or disease.
P. Whenever the fire chief has determined that a building, structure, or the premises thereof
constitute a fire hazard for any of the following reasons:
1. Dangerous or unlawful amounts of combustible, explosive, or otherwise hazardous
materials;
2. Hazardous conditions arising from defective or improperly installed equipment for
handling or using combustible, explosive, or otherwise hazardous materials;
3. Dangerous accumu,lations of rubbish, waste paper, boxes, shavings, or other highly
flammable materials;
4. Accumulations of dust or waste material in air conditioning or ventilating systems,
or accumulations of grease in kitchen or other exhaust ducts;
5. Obstructions to or upon fIre escapes, stairs, passageways, doors, or windows, liable
to interfere with the operations of the fire department or egress of occupants in case
of fire;
6. Other conditions including, but not limited to, want of repairs, lack of adequate exit
facilities, required automatic or other fIre alarm apparatus or fIre extinguishing
equipment, which create a hazardous condition.
Q. Whenever any building or structure, because oflack of fIre-resistive construction, or other cause,
is determined by the building official or fIre chief to be a fIre hazard to life, health, or property.
R. Whenever any building or structure, because of faulty electrical wiring or other cause, is
determined by the building official or fIre chief to be an electrical or fire hazard to life, health, or
property.
S. Whenever any building or structure, because offaulty gas connections, heating apparatus or water
and sewer systems, or other cause, is determined by the building official or fIre chief to be a hazard
to life, health, or property.
T. Whenever any portion of a building or structure remains on a site after the demolition or
destruction of the building or structure or whenever any building or structure is vacant, unoccupied,
37
or abandoned for a period in excess of six months such that the building or portion thereof is an
attractive nuisance or hazard to the health, safety, and welfare of the public.
u. Whenever any well, septic tank, or other excavation appurtenant to any existing or demolished
structure has been abandoned.
1.15.100 Dangerous buildings - violation
A. No owner, agent, manager, lessee, sublessee, or occupant shall maintain a property in any of the
conditions described in sections 1.15.090, or shall cause or permit the property to become or remain
in such a condition.
B. Any person violating the provisions of section 1.15.090 shall be guilty of a misdemeanor for each
day such violation continues. In addition, the City Attorney may seek civil penalties in any civil
action brought to enforce the provisions of this chapter.
1.15.110 Abatement of dangerous buildings
A. Whenever an enforcement officer has inspected or caused to be inspected any building or
structure and has found and determined that such building or structure is a "dangerous building" as
defmed in this chapter, he or she shall commence an administrative proceeding to repair, vacate,
secure, or demolish the building or structure.
B. Administrative proceedings to repair, vacate, secure, or demolish a dangerous building shall be
governed by the provisions of chapter 1.14 . To commence such action, an enforcement officer shall
issue a Compliance Order. In addition to the information required by Section 1.14.090, the
Compliance Order shall contain:
1. A statement that the enforcement officer has found the building to be dangerous, with
a brief and concise description of the conditions found to render the building
dangerous under the provisions of Section 1.15.090.
2. A statement that the building must be repaired or demolished at the option of the
owner within the following time limits:
a. If the owner elects to repair the building, all required permits for repair shall
be secured therefore and the work physically commenced. within thirty
calendar days from the date of the Compliance Order and completed within
such time as the enforcement officer shall determine is reasonable under all
of the circumstances, or
b. If the owner elects to demolish the building, all required demolition permits
shall be secured, and demolition commenced, not later than thirty calendar
days from the date of the order, and that demolition be completed within such
time as the enforcement officer shall determine is reasonable.
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3. A statement advising that if, prior to compliance, the building or conditions in the
building or on the property becomes an immediately dangerous building or
immediately dangerous condition as defined in this chapter, the City may abate the
immediately dangerous building as provided for such buildings or conditions in this
chapter.
4. A statement advising that if any required repair or demolition work is not
commenced or completed within the time specified, the enforcement officer:
a. May order the building vacated and posted to prevent further occupancy until
the work is completed if the building or structure is in such condition as to
make it immediately dangerous to the life, limb, property, or safety of the
public or its occupants, or if the City's building official determines that repair
or demolition of the building or structure cannot be accomplished without
making it immediately dangerous to life, limb, property or safety of the public
or its occupants;
b. May order the immediate disconnection of hazardous utility servIces
(electricity, gas, sewer, or water); and
c. May proceed to repair, secure, or demolish the building and charge the costs
thereof against the property and its owner.
1.15.120 Notice of pendency of action
Concurrent with service of the Compliance Order, the enforcement officer shall 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 substantially the
following form:
NOTICE OF PENDENCY OF ACTION
NOTICE IS HEREBY GWEN that pursuant to Redding Municipal Code Chapter 1.15, an
administrative abatement action was commenced on , by the City of Redding against
the property described herein and the action is now pending.
The action alleges that the property is in violation of Redding Municipal Code Chapter 1.15 in that
it constitutes a dangerous building and that such dangerous building must be abated.
As of the date of commencement of the abatement action, the name and address of the record owner
of the property described herein is:
The real property against which the abatement action is pending is that certain real property
39
commonly known as , Assessor Parcel Number , and more
particularly described in Exhibit A, attached hereto and incorporated by reference herein.
CITY OF REDDING
Dated:
Name of Officer
1.15.130 Notice of fmal disposition of abatement action
The enforcement officer shall record a notice of fmal disposition of action within fIfteen calendar
days following the earlier of the following dates: (1) the date the enforcement officer verifies both
voluntary compliance in abating the dangerous building and payment of all accrued costs of
abatement to which the City is entitled pursuant to this chapter; or (2) the date offmal resolution of
the abatement action. The notice of final disposition of action shall be in substantially the following
form:
NOTICE OF FINAL DISPOSITION OF ACTION
NOTICE IS HEREBY GWEN THAT pursuant to Redding Municipal Code chapter 1.15:
1. Final disposition has been reached in the administrative abatement action referenced in that notice
of pendency of action recorded on , in Book , at Page -' of the Official Records of
Shasta County, California.
2. The City of Redding does hereby withdraw the above-referenced notice of pendency of action.
3. The above-referenced notice of pendency of action affected that certain real property commonly
known as , Assessor Parcel Number , and more particularly
described in Exhibit A, attached hereto and incorporated by reference herein.
CITY OF REDDING
Dated:
Name of Officer
Part IV. Substandard Buildings, Public Nuisances, and Blighted Conditions
1.15.140 Substandard buildings specified
Any building or structure, or any portion thereof, including any dwelling unit, guest room, or suite
of rooms, or the premises on which the same is located, in which there exists any of the following
40
conditions to the extent that it endangers the life, limb, health, property, safety, or welfare of the
public or the occupants thereof shall be deemed and hereby is declared to be a substandard building
and a public nuisance.
A. Inadequate Sanitation. Inadequate sanitation shall include but not be limited to the following:
1. Lack of, or improper, water closet, lavatory, bathtub, or shower in a dwelling unit,
lodging house, or congregate residence.
2. Lack of, or improper, water closets, lavatories, and bath tubs, or showers per number
of guests in a hotel.
3. Lack of, or improper, kitchen sink.
4. Lack of hot and cold running water to plumbing fixtures in a dwelling unit, lodging
house, hotel, or congregate residence.
5. Lack of adequate heating facilities.
6. Lack of, or improper operation of, required ventilating equipment.
7. Lack of minimum amounts of natural light and ventilation required by the Redding
Municipal Code, the California Building Code, or any other code adopted by the
City.
8. Room and space dimension less than required by the Redding Municipal Code, the
California Building Code, or any other code adopted by the City. However, a
condition that would require displacement of sound walls or ceilings to meet height,
length, or width requirements for ceilings, rooms, and dwelling units shall not by
itself be considered sufficient existence of dangerous conditions making a building
a substandard building, unless the building was constructed, altered, or converted in
violation of such requirements in effect at the time of construction, alteration or
conversIOn.
9. Lack of required electrical lighting.
10. Dampness of habitable rooms.
11. Infestation of insects, vermin, or rodents as determined by the enforcement officer.
12. General dilapidation or improper maintenance.
13. Lack of connection to required sewage disposal system.
14. Lack of adequate garbage and rubbish storage and removal facilities as determined
41
by the enforcement officer.
B. Structural Hazards. Structural hazards shall include but not be limited to the following:
1. Deteriorated or inadequate foundations.
2. Defective or deteriorated flooring or floor supports.
3. Flooring or floor supports of insufficient size to carry imposed loads with safety.
4. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle
due to defective material or deterioration.
5. Members of walls, partitions, or other vertical supports that are of insufficient size
to carry imposed loads with safety.
6. Members of ceilings, roofs, ceiling and roof supports or other horizontal members
that sag, split, or buckle due to defective material or deterioration.
7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members
that are of insufficient size to carry imposed loads with safety.
8. Fireplaces or chimneys that list, bulge, or settle due to defective material or
deterioration.
9. Fireplaces or chimneys that are of insufficient size or strength to carry imposed loads
with safety.
C. Nuisances. Any nuisance as defined in this code, state law, or common law.
D. Hazardous Wiring. Hazardous wiring includes all wiring not installed, maintained or used in
conformance with the Redding Municipal Code, the California Building Code, the California
Electrical Code, or any other code adopted by the City. Except as provided in any federal, state, or
local law or ordinance now or hereinafter enacted, hazardous wiring shall not include wiring that
conformed with all applicable laws in effect at the time of installation and that has been adequately
maintained in a good and safe condition and is being used in a safe manner.
E. Hazardous Plumbing. Hazardous plumbing includes all plumbing not installed, maintained or
used in conformance with the Redding Municipal Code, the California Building Code, or any other
code adopted by the City. Except as provided in any federal, state, or local law or ordinance now or
hereinafter enacted, hazardous plumbing shall not include plumbing that conformed with all
applicable laws in effect at the time of installation and that has been adequately maintained in a good
and safe condition and that is free of cross-connections and siphonage between fixtures.
F. Hazardous Mechanical Equipment. Hazardous mechanical equipment includes all mechanical
42
equipment, including vents, not installed, maintained or used in conformance with the Redding
Municipal Code, the California Building Code, or any other code adopted by the City. Except as
provided in any federal, state, or local law or ordinance now or hereinafter enacted, hazardous
mechanical equipment shall not include mechanical equipment that conformed with all applicable
laws in effect at the time of installation and that has been adequately maintained in a good and safe
condition and is being used in a safe manner.
G. Faulty Weather Protection. Faulty weather protection, which shall include, but not be limited to,
the following:
1. Deteriorated, crumbling, or loose plaster.
2. Deteriorated or ineffective waterproofmg of exterior walls, roof, foundations, or
floors, including broken windows or doors.
3. Defective or lack of weather protection for exterior wall coverings, including lack of
paint or weathering due to lack of paint or other approved protective covering.
4. Broke~ rotted, split, or buckled exterior wall coverings or roof coverings.
H. Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste,
or vegetation which, in the opinion of the building official or fire chief, is in such a condition as to
cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or
explosion arising from any cause, shall be deemed to be a fire hazard.
I. Faulty Materials of Construction. Faulty materials of construction shall include all materials of
construction except those that are specifically allowed or approved by Redding Municipal Code, the
California Building Code, and any other code adopted by the City, and that have been adequately
maintained in good and safe condition.
J. Hazardous or Unsanitary Properties. Hazardous or unsanitary properties shall include those
properties on which an accumulation of weeds, vegetation, junk, dead organic matter, debris,
garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or
conditions that, in the opinion of City officials or the health officer, constitute fire, health, or safety
hazards. '
K. Unsafe Building. Any building or portion thereof that is determined to be an unsafe building due
to inadequate maintenance or any other reaso~ in accordance with the Redding Municipal Code, the
California Building Code, the California Fire Code or any other code adopted by the City.
L. Inadequate Exits.
1. Inadequate exits includes all buildings or portions thereof not provided with adequate
exit facilities as required by the Redding Municipal Code, the California Building
Code, the California Fire Code, or any other code adopted by the City. Except as
43
provided in any federal, state, or local law, or ordinance now or hereinafter enacted,
inadequate exits shall not include those buildings or portions thereof whose exit
facilities conformed with all applicable laws at the time of their construction and that
have been adequately maintained in a good and safe condition and increased in
relation to any increase in occupant load, alteration or addition, or any change in
occupancy.
2. When an unsafe condition exists through lack of, or improper location of exits,
additional exits may be required to be installed.
M. Inadequate Fire-Protection or Fire-Fighting Equipment. Inadequate frre-protection or frre-
fighting equipment includes all buildings or portions thereof that are not provided with the fire-
resistive construction or fire-extinguishing systems or equipment required by the Redlding Municipal
Code, the California Building Code, the California Fire Code, or any other code adopted by the City.
Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted,
inadequate fire-protection or fire-fighting equipment shall not include those buildings or portions
thereof that conformed with all applicable laws at the time of their construction and whose fire-
resistive integrity and frre-extinguishing systems or equipment have been adequately maintained in
good and safe condition and improved in relation to any increase in occupant load, alteration or
addition, or any change in occupancy.
N. Improper Occupancy. Improper occupancy includes all buildings or portions thereof occupied
for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for
such occupancies.
O. Inadequate Structural Resistance. Inadequate structural resistance includes all buildings or
portions thereof not constructed with adequate structural resistance to horizontal forces as required
by the Redding Municipal Code, the California Building Code, or any other code adopted by the
City. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted,
inadequate structural resistance shall not include any building that conformed with all applicable
laws at the time of its construction and that has been adequately maintained in a good and safe
condition and is being used in a safe manner.
1.15.150 Public nuisances specified
It is declared a public nuisance for any person owning, leasing, subleasing, occupying, or having
charge or possession of any property in this City to maintain such property in such a manner that any
one or more of the following conditions or activities are found to exist.
A. The keeping, storage, depositing, or accumulation on the property of any personal property that
is within the view of persons on adjacent or nearby real property or the public right of way when
such personal property constitutes visual blight, reduces the aesthetic appearance of the
neighborhood, is offensive to the senses, or is detrimental to nearby property or property values. For
purposes of this section, "personal property" includes, but is not limited to, junk as defined in section
1.15.020; abandoned, wrecked or dismantled automobiles; abandoned, wrecked, dismantled, or not
44
seaworthy boats or vessels; automotive parts and equipment; appliances; furniture; containers;
packing materials; scrap metal; wood; building materials; rubbish; and debris. Wood and building
materials being used or to be used for a project of repair or renovation for which an active building
permit is in existence may be stored for such period of time as is necessary to expeditiously complete
the project. Upon finalization, expiration, or cancellation of the permit, the w{)od and building
materials of any nature for the project must be immediately removed.
B. The keeping, storage, depositing, or accumulation on the property of any dead grass, weeds,
brush, combustible materials, or rubbish of any kind in such a manner as to constitute a fire hazard,
or any manure, dead animals, decayed vegetables, offal, or other similar matter that is in the view
of persons on adjacent or nearby real property or the public right-of-way when such items constitutes
visual blight, a danger to the health, safety or welfare of the public, reduces the aesthetic appearance
of the neighborhood, or is offensive to the senses or is detrimental to nearby property or property
values.
C. The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar
materials that constitutes visual blight or reduces the aesthetic appearance of the neighborhood or
is offensive to the senses or is detrimental to nearby property or property values.
D. The operation of a junk yard or automobile dismantling yard, except in an industrial zone
pursuant to a use permit.
E. Any dangerous, unsightly, or blighted condition that is detrimental to the health, safety or welfare
of the public.
F. Any condition in violation of Title 7 (Animals) of the Redding Municipal Code.
G. Any condition in violation of Title 9 (Health and Safety) of the Redding Municipal Code or in
violation of the California Fire Code.
H. Any condition in violation of Title 16 (Buildings and Construction) of the Redding Municipal
Code, or in violation of the California Building Code, the Uniform Housing Code, the California
Electrical Code, the California Plumbing Code or the California Mechanical Code.
I. Any condition in violation of Title 18 (Zoning) of the Redding Municipal Code.
J. Any condition specified in the Redding Municipal Code as a public nuisance.
K. Any condition recognized in law or in equity as constituting a public nuisance.
L. The maintenance of the exterior of any vacant or unoccupied building or the interior of any such
building that is readily visible from any public street or adjacent parcel of property in a state of
unsightliness so as to constitute a blighted condition detrimental to the property values in the
neighborhood or otherwise detrimental to the public welfare.
45
M. The draining or allowing or suffering to be drained any sewage into or onto the ground of any
property, whether or not occupied or improved, except that sewage may be properly disposed of in
an adequate private sewage disposal system as otherwise permitted by law.
N. Any unimproved real property, or improved but unoccupied real property, that has become a
dumping ground for litter, garbage, junk, debris, discarded vehicles, vehicle parts, and which real
property has been subject of two or more written requests by the City to remove litter, garbage, junk,
debris, discarded vehicles, vehicle parts from the property within a twelve-month time period or
which has been subject to abatement action on one or more occasions by the City. Once proceedings
have been commenced pursuant to this chapter to declare property a public nuisance under this
subsection, no such property shall be deemed to be in compliance with this chapter solely because
such property thereafter becomes occupied.
1.15.160 Blighted property
Any property on which there exists anyone or more of the following conditions or activities is a
blighted property for the purposes of this chapter:
A. Abandoned Building or Structure.
1. A building or structure that is not being inhabited, occupied, or used, and is
unsecured. For purposes of this section, a building or structure is unsecured when the
public can gain unimpeded or undeterred entry without the consent of the owner.
2. A partially constructed, reconstructed, or demolished building or structure upon
which work is abandoned.
B. Attractive Nuisance. Property which is in an unsecured state so as to potentially constitute an
attraction to children, a harbor for vagrants, criminals, or other unauthorized persons, or so as to
enable persons to resort thereto for the purpose of committing a nuisance or unlawful act.
C. A Building or Structure that is in a State of Disrepair.
1. Exterior wall and/or roof coverings that have become deteriorated and do not provide
adequate weather protection.
2. Broken or missing windows or doors that constitute a hazardous condition or a
potential attraction to trespassers.
3. Building exteriors, walls, fences, and retaining walls that are broken, deteriorated, or
substantially defaced to the extent that the disrepair visually impacts neighboring
property or presents an endangerment to public safety; and driveways or walkways
that are broken, deteriorated, or substantially defaced to the extent that the disrepair
presents an endangerment to public safety. For purposes of this subsection, defacing
includes, without limitation, writings, inscriptions, figures, scratches or other
46
markings commonly referred to as "graffiti."
4. Building exteriors, walls, fences, or retaining walls on which any painted surface is
peeling, disintegrating, or sloughing-off to the extent that the disrepair visually
impacts neighboring property or presents an endangerment to public safety.
D. Property Inadequately Maintained.
1. Overgrown, diseased, dead or decayed trees, weeds, or other vegeta.tion that:
a. Constitute a fire hazard or a condition considered dangerous to the public
health, safety, and general welfare; or
b. Are likely to harbor rats, vermin, and other nuisances; or
c. Detract from the property values of neighboring properties.
2. Landscaping that is not installed or maintained as required by this code or any permit
issued pursuant to this code.
3. Solid waste, which by reason of its location and character either detrimentally
impacts the surrounding neighborhood or community, or which is allowed or
permitted to be transported by wind or otherwise onto or upon a public street, alley,
or sidewalk. For purposes of this subsection, solid waste means all putrescible and
nonputrescible solid and semisolid waste material including without limitation
garbage, rubbish, demolition and construction wastes, industrial wastes, vegetable
and animal solid and semisolid wastes, reusable or recyclable material, bulky goods,
and other discarded solid and semisolid wastes.
4. Substantial accumulation of dirt, litter, or. debris in \vestibules or doorways of
residential, commercial or industrial buildings.
5. Any swimming pool, pond, or other body of water that is abandoned, unattended,
unfiltered, or not otherwise maintained, resulting in the water becoming polluted
water. For purposes of this subsection, "polluted water" means water which contains
bacterial growth, including algae, remains of rubbish, refuse, debris, papers, and any
other foreign matter or material or deleterious substance which, because of its nature
or location, constitutes an unhealthy or unsafe condition or water which is defined
as "polluted water" or other similar term under state or federal law.
E. Property That Creates a Dangerous Condition.
1. Land having a topography, geology, or configuration which, as a result of grading
operations or improvements to said land, causes erosion, subsidence, unstable soil
conditions, or surface or subsurface drainage problems so as to pose a threat to or be
47
injurious to adjacent properties.
2. Any condition or object maintained on private property that obscures the visibility
to the public of public streets or public street intersections to such a degree as to
constitute a hazard. Such conditions include without limitation vehicles, landscaping,
fencing, and signs.
3. Conditions that due to their accessibility to the public may prove hazardous or
dangerous, including without limitation:
a. Unused and broken equipment;
b. Abandoned wells, shafts, or basements;
c. Hazardous or unprotected pools, ponds, or excavations with barriers and/or
fences that are dilapidated and unsafe;
d. Structurally unsound fences, walls, or structures;
e. Machinery that is inadequately secured or protected;
f. Lumber, trash, fences, solid waste, or debris that may prove a hazard for the
public. For purposes of this subsection, solid waste is defined as set forth in
subsection D(3) of this section;
g. Storing or keeping chemicals, gasoline, motor oil, or other substances that
may prove a hazard to the public.
F. Signage Conditions.
1. Signs that have not been maintained or are in a state of disrepair for a period of more
than thirty days, including without limitation, broken signs, signs with missing parts,
panels, letters or light bulbs, signs with exposed wiring, or signs out of plumb.
2. Signs that are unsafe, dangerous to the public, or a hazard to traffic.
3. Illegal signs as defined in Section 18.61.020.
4. Abandoned signs as defined in Section 18.61.020.
5. Sniping as defmed in Section 18.61.020.
6. Defaced Signs. For purposes of this subsection, defacing includes without limitation,
unauthorized, unrelated or offe~ive writing, inscriptions, figures, scratches, or other
markings commonly known as graffiti.
48
G. Parking, Storing, or Maintaining of the Following Items in Areas Zoned for Residential Uses or
Zoned Unclassified and Designated by the Redding General Plan as Residential:
1. Any airplane or other aircraft, or any parts thereof, in the front yard. Airplane or other
aircraft, or any parts thereof, may be stored in the side or back yards if such items are
concealed by a fence.
2. Any construction equipment, machinery, vehicles, or material except as follows:
a Such items may be temporarily kept within or upon the property for and
during the time such equipment, machinery, or materials are required for the
construction or installation of improvements or facilities on the property for
which all required permits have been obtained and are valid.
b. Such items may be kept in the side yard or rear yard areas if such items are
used for the maintenance of the property or facilities on the property and if
such items are concealed by a fence, shrubbery, or other similar means.
3. Any commercial equipment, machinery, vehicles, or material not authorized by a
valid City permit when such items constitute visual blight, reduce the aesthetic
appearance of the neighborhood, or are detrimental to nearby property or property
values. Commercial equipment, machinery, vehicles, or material not otherwise
authorized by a valid City permit may be kept in the side yard or rear yard areas if
such items are used for the maintenance of the property or facilities on the property
and if such items are screened by a fence, shrubbery, or other similar means.
4. Special mobile equipment as defined in Section 575 of the Vehicle Code or a utility
trailer or boat and/or boat trailer for a period of time in excess of seventy-two
consecutive hours in front yard areas or in side yard or rear yard areas not screened
by a fence, shrubbery, or similar means.
a. Any parking, keeping, or storing of such items in the side yard or rear yard
area shall be either in an accessory building constructed, located, and used in
accordance with the provisions of this code or in an area concealed by a
fence, shrubbery, or other similar means. In addition, fifteen hundred square
feet, or at least sixty percent of the remaining rear yard area, whichever is
less, must be maintained as usable outdoor recreational space.
b. No such item shall be parked, stored, or kept within five feet of any required
exit, including exit windows.
c. For purposes of this subsection, an item is unlawfully parked, kept, or stored
in any area for a period of time in excess of seventy-two consecutive hours
when either the item has not been removed from such area for an intervening
period of time in excess of seventy-two consecutive hours, or the item has
49
been parked, kept, or stored during the intervening period of time upon any
public street.
5. Any refrigerator, washing machine, sink, stove, heater, boiler, tank, or any other
household equipment, machinery, furniture, appliance or appliances, or any parts of
any of the listed items, for a period of time in excess of seventy-two consecutive
hours. For purposes of this subsection, an item is unlawfully kept or stored in any
area for a period of time in excess of seventy-two consecutive hours when either the
item has not been removed from such area for an intervening period of time in excess
of seventy-two consecutive hours, or the item has been parked, kept, or stored during
the intervening period of time upon any public street. This subsection does not
prohibit the following:
a. Machinery installed in the rear setback areas for household or recreational
use.
b. Furniture designed and used for outdoor activities.
c. Any item stored or kept within an enclosed storage structure or unit. For the
purpose of this subsection, a storage unit is a prefabricated enclosure which
is not required to have a building permit and is not permanently affixed to the
ground, but which is not on wheels or mobile.
6. Storing or keeping packing boxes, lumber, dirt, solid waste, and other debris, except
as allowed by this code for the purposes of construction, in any areas visible from
public property or neighboring properties for a period of time in excess of seventy-
two consecutive hours. For purposes of this subsection, solid waste is defined as set
forth in subsection (D)(3) of this section. For purposes of this subsection, an item is
unlawfully kept or stored in any area for a period of time in excess of seventy-two
consecutive hours when either the item has not been removed from such area for an
intervening period of time in excess of seventy-two consecutive hours, or the item
has been kept or stored during the intervening period of time upon any public street.
H. Permit Requirement. Any use which does not have all permits pursuant to Title 18 of this code
or where such permits have lapsed or been revoked or where such use is not in compliance with such
permits.
I. General Conditions.
1. Any condition that is detrimental to the public health, safety, or general welfare, or
that constitutes a nuisance under any other City ordinance, state law, or common law;
2. Any condition of deterioration or disrepair that has a substantial impact on
neighboring properties.
50
J. Exceptions. This chapter shall not prohibit the following:
1. A vehicle or part thereof that is completely enclosed within a building in a lawful
manner where it is not visible from the street or other public or private property; or
2. A vehicle or part thereof that is stored or parked in a lawful manner on private
property on which is conducted the business of a licensed dismantler, licensed
vehicle dealer, or a junkyard which is a legal nonconforming use. This exception
shall not authorize the maintenance of a public or private nuisance as defmed under
provisions of law other than this chapter.
1.15.170 Substandard buildings, public nuisances, and blighted conditions - violation
A. No owner, agent, manager, lessee, sublessee, or occupant shall maintain a property in any of the
conditions described in sections 1.15.160, or shall cause or permit the property to become or remain
in such a condition.
B. Any person violating the provisions of section 1.15.160 shall be guilty of a misdemeanor for each
day such violation continues. In addition, the City Attorney may seek civil penalties in any civil
action brought to enforce any provision of this chapter.
1.15.180 Abatement of substandard buildings, public nuisances, and blighted conditions
A. Whenever an enforcement officer has inspected or caused to be inspected any building, structure,
or property and has found and determined that such building or structure is a "substandard building,"
that such property is a "public nuisance," or that such property contains "blighted conditions," as
these terms are defmed in this chapter, he or she may commence an administrative proceeding to
abate the building, nuisance, or condition.
B. Administrative proceedings to abate a substandard building, public nuisance, or blighted condition
shall be governed by the provisions of chapter 1.14. To commence such action, an enforcement
officer shall issue a Compliance Order. In addition to the information required by Section 1.14.100,
the Compliance Order shall contain a statement that the enforcement officer has found (1) the
building to be substandard, with a description of the conditions found to render the building
substandard, and/or (2) that the property constitutes a public nuisance with a description of the
conditions that constitute the public nuisance, and/or (3) that the property contains a blighted
condition with a description of such conditions.
Section 4. Chapter 2.57 (Administrative Hearings Board) is added to the Redd~ng
Municipal Code to read asfollows:
Chapter 2.57
Administrative Hearings Board
51
2.57.010 Purpose and jurisdiction
The purpose of this chapter is to create a Administrative Hearings Board with authority to impose
administrative fines and penalties to provide an equitable, expeditious, effective, and inexpensive
method of enforcing the Redding Municipal Code.
2.57.020 Administrative Appeals Board
A Administrative Hearings Board for the City of Redding is hereby created as a citizen board of the
City of Redding, to determine the existence of violations oflaw, to impose administrative fines and
penalties, to order appropriate methods of abatement, to make determinations regarding compliance
with administrative orders, and to establish appropriate abatement costs.
2.57.030 Definitions
For purposes of this chapter; the following definitions shall apply:
A. "Board" means the City of Redding Administrative Hearings Board.
B. "City" means the City of Redding.
C. "City Council" means the governing body of the City of Redding.
D. "City Attorney" means the legal counsel for the City of Redding.
2.57.040.
Administrative Hearings Board membership; organization
A. The Administrative Hearings Board shall consist of three members appointed by the Mayor with
the approval of the City Council. Members shall be either City residents, employed with the City or
business owners within the City and shall have experience or an interest in the fields of zoning and
building control and shall serve without compensation. To the extent possible, the membership of
the Board shall include persons with professional experience in law, law enforcement, dispute
resolution, administrative processes, engineering, general contracting, subcontracting or real estate.
B. The initial appointments to the board shall be as follows:
1. One member appointed for a term of two years.
2. One member appointed for a term of three years.
3. One member appointed for a term of four years.
C. After the initial appointments, each term shall be for a period of four years. An appointment to
fill any vacancy on the Board shall be for the remainder of the unexpired term of office.
D. If any member of the board fails to attend two of three successive meetings without cause and
52
without prior approval of the chairman, the Board shall declare the member's office vacant and the
Mayor and City Council shall promptly fill such vacancy.
E. The members of the Board shall elect a chairperson and vice-chairperson, who shall be voting
members, from among the members of the Board. The presence of three members shall constitute
a quorum of the Board. Members of the Board shall serve without compensation, but may be
reimbursed for such travel, mileage, and per diem expenses as may be authorized by the City
Council.
F. A conflict of interest code shall be adopted for the members and staff of the Board. All members
of the Board shall be required to complete and file statements of economic interests in accordance
with the conflict of interest code.
2.57.050 Legal counsel
The City Attorney may either serve as counsel to the Administrative Hearings Board or represent the
city by presenting cases before the Board, but in no case shall the City Attorney serve in both
capacities.
2.57.060 Jurisdiction
A. The Administrative Hearings Board shall have jurisdiction to hear and decide alleged violations
of the Redding Municipal Code, which includes other codes adopted by the City of Redding,
including but not limited to, the California Building Code, the California Fire Code, and the Uniform
Housing Code.
B. The jurisdiction of the Board shall not be exclusive. Any alleged violation of any of the aforesaid
codes may be pursued by appropriate remedy in court at the option of the City Attorney.
2.57.070 Powers of the Administrative Hearings Board
The Administrative Hearings Board shall have the power to:
A. Adopt rules for the conduct of its hearings.
B. Subpoena the presence of alleged violators and witnesses to its hearings.
C. Subpoena the presence of evidence relevant to the matters before it.
D. Take testimony under oath.
E. Issue orders having the force oflaw to compel the payment of administrative fines, penalties, and
costs, and command whatever steps are necessary to bring a violation into compliance.
53
2.57.080 Board Member Disqualification From Hearing
Any Administrative Hearings Board member is subject to disqualification from participation in a
hearing for bias, prejudice, interest, or for any other reason for which a judge may be disqualified
in a court of law. Rules and procedures for the disqualification of a Board member shall be
promulgated by the City Manager.
2.57.090 Conduct of Administrative Hearings
A. The Board shall conduct administrative hearings at its regularly scheduled meetings, which shall
be calendared at a frequency to be determined by the Board. The Board shall have the right to
schedule special meetings in addition to those regularly scheduled, and may also adjourn a regularly
scheduled meeting when determined to be in the best interests of the Board.
B. All Board hearings, including the public notice of such hearings, shall be conducted in accordance
with the Ralph M. Brown Act. All hearings and proceedings shall be open to the public.
C. Administrative hearings are intended to be informal in nature. Formal rules of evidence and
discovery do not apply. Irrelevant, immaterial, and unduly repetitious evidence shall be excluded,
but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct
of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in
the courts of this state. Fundamental due process shall be observed and shall govern the proceedings.
The procedure and format of the administrative hearing shall follow the procedures promulgated by
the City Manager.
D. Any alleged violator has the right to represent himself or herself, or to be represented by anyone
of his or her choice.
E. Any party to the hearing shall be given the opportunity to testify, cross-examine witnesses, and
present evidence as to the existence of the cited violation or as to whether or not the alleged violator
is the party responsible for the violation.
F. Any member of the Administrative Hearings Board, or the counsel to the Board, may inquire of
any witness testifying at a hearing. The alleged violator or his or her representative, if any, and the
officer presenting the City's case before the Board, shall be permitted to inquire of any witness
testifying at the hearing. All parties to the hearing shall be permitted to present brief opening and
closing statements.
G. Upon a showing of good cause by either party or on its own motion, the Administrative Hearings
Board shall have the authority to continue any hearing and to issue subpoenas for persons to appear
and produce testimony and or for persons to produce documents if the Board believes that the
information is relevant, material and necessary for the Board to make a determination on the matter.
The Board may seek judicial validation of any subpoena which has not been complied with and it
shall thereafter be unlawful, subject to prosecution as a misdemeanor, for any person to refuse to
obey such a subpoena.
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H. The City bears the burden of proof at an administrative enforcement hearing to establish the
existence of a violation of the Municipal Code.
I. The standard of proof to be used by the Administrative Hearings Board in deciding the issues at
an administrative hearing is by a preponderance of the evidence. All actions of the Board shall
require an affirmative vote of at least two members of the Board.
J. Continuances for good cause may be granted on the motion of any party or upon the Board's own
motion. The Board may request additional information from any party prior to issuing a written
decision.
K. All Board meetings shall be recorded to audiotape or any other electronic format that ensures an
accurate record of the meeting. Any hearing conducted by the Board may also be reported by a
certified shorthand reporter if such reporter is provided by the alleged violator at his or her own
expense.
L. Minutes shall be kept of all Board hearings.
Section 5. Section 9.09.130 (Enforcement) of Chapter 9.09 (Neglected Vacant
Buildings) of the Redding Municipal Code is amended to read asfollows:
9.09.130 Enfor~ement.
Violations of this chapter may be abated as a public nuisance pursuant to Chapter] .] 5 of this code.
Section 6.
repealed.
Chapter 9.10 (Property Blight) of the Redding Municipal Code is hereby
Section 7. Chapter 9.11 (Relocation Benefitsfor Displaced Tenants) of the Redding
Municipal Code is hereby repealed.
Section 8. Sections 9.20.190 (Penalties) and 9.20.200 (Enforcement-Citation
Authority) of Chapter 9.20 (Fire Prevention) of the Redding Municipal Code are amended to read
as follows:
9.20.190 Penalties
A. In addition to any other remedy the City may have, a violation of the California Fire Code as
adopted pursuant to Section 9.20.010, the provisions of Chapters 9.20 and 9.28, subsection E of
Section 16.08.020, the provisions in Chapter 1.15 that concern issues offrre retention or fire control,
the provisions of the California Building Code which concern issues of fire prevention or fire control
or life safety, or any state statute addressing fire prevention or fire control may be enforced by means
of an administrative citation issued by an enforce~ent officer in accordance with Chapter 1.13 or a
criminal citation issued in accordance with 9.20.200.
55
B. The amounts of the fmes for violations enforced by means of an administrative citation shall be
set forth in the schedule offmes established by resolution of the City Council, as described in section
1.13.
C. Any criminal citation issued pursuant to section 9.20.200 shall be punishable as follows:
1. A violation is an infraction punishable by a fine not to exceed one hundred dollars;
2. A second violation of the same section within one year is an infraction punishable by
a fme not to exceed two hundred dollars; and ,
3. A third violation of the same section within five years of a first violation is a
misdemeanor.
D. Any criminal citation issued for a violation of Section 9.20.180 is punishable as follows:
1. A violation is an infraction punishable by a fme of not less than one hundred dollars
nor more than five hundred dollars;
2. A second violation within five years of a first violation is an infraction punishable by
a fine of not less than two hundred fifty dollars nor more than five hundred dollars;
3. A third violation within five years of a first violation is a misdemeanor punishable
by a fine of not less than five hundred dollars.
9.20.200 Enforcement-Citation authority
A. The fire chief, fire marshal, assistant fire marshal, battalion chiefs, fire captains and fire inspectors
( designated officials) are authorized to issue field citations to any person whenever a designated
official has reasonable cause to believe that the person has committed a violation of the California
Fire Code as adopted by Section 9.20.010, the provisions of Chapters 9.20 and 9.28, subsection E
of Section 16.08.020, the provisions in Chapter 1.15 that concern issues of fire prevention or fire
control, the provisions of the California Building Code which concern issues of fire prevention or
fire control or life safety, or any state statute addressing fire prevention or fire control in his or her
presence, and are further authorized to exercise the authority provided by Penal Code Sections 19.7
and 836.5.
B. Nothing in this section or Section 9.20.190 shall diminish or otherwise modify the authority of
persons who are empowered to enforce the Redding Municipal Code or state law because of their
status as peace officers or because of other authorizing status.
Section 9. Title 15 (Abatement) of the Redding Municipal Code is hereby repealed;
said title number is reserved for future use.
56
Section 10. The passage of this ordinance is not a "project" according to the definition
in the California Environmental Quality Act (CaL Pub. Res. Code * 21000 et seq.), and is not
subject to the provisions requiring environmental review.
Section 11. q any portion of this ordinance or the application thereof to any person or
circumstance shall be invalid or unenforceable to any extent, the remainder 0/ this ordinance
shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
Section 12. This ordinance shall take effect January 1, 2006, and the City Clerk shall
certify to the adoption thereof and cause its publication according to law.
I HEREBY CERTIlFY that this ordinance was introduced and read at a regular meeting of
the City Council on the 1 st day of November, 2005; and was read and adopted at a regular meeting
of the City Council on the 15th day of November, 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pohlmeyer, Stegall, and Dickerson
None
Murray and Mathena
None
t4L~
Dick Dickerson, Mayor Pro Tern
Attest:
~'
r
Form Approved:
Ri~~~
f~
o
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