SEC. 1-067. DECLARATION OF PURPOSE:
The Council finds that there is a need for an alternative method of enforcement
for enforcing more serious violations of the Stockton Municipal Code and applicable
state codes. The Council further finds that the assessment of civil penalties
through an administrative hearing procedure for code violations is a necessary
alternative method of code enforcement. The administrative assessment of civil
penalties is in addition to any other administrative or judicial remedy established
by law which may be pursued to address serious violations of the Municipal Code
or applicable state codes.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-068. AUTHORITY:
A. Any person violating any provision of the Municipal Code or applicable state
code may be subject to the assessment of civil penalties pursuant to the
administrative procedures provided in Section 1-070 of this Division.
B. Each and every day a violation of any provision of the Municipal Code or
applicable state code exists constitutes a separate and distinct violation.
C. Civil penalties may be directly assessed in conjunction with a Notice and
Order issued by the Director, or affirmed by a Hearing Officer. Civil penalties
assessed shall be collected in accordance with the procedures specified in
this Division.
D. Civil penalties for violations of any provision of the Municipal Code or
applicable state codes shall be assessed at a daily rate determined by the
Director or Hearing Officer pursuant to the criteria listed in Section 1-070
of this Division. Except as authorized pursuant to State and Federal laws,
the maximum civil penalty shall be $1,000 per violation per day with the maximum
amount of civil penalties not exceeding $100,000 per parcel or structure for
any related series of violations in a year.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-069. PROCEDURES - ISSUANCE OF NOTICE AND ORDER:
A. Whenever the Director determines that a violation of one or more provisions
of the Municipal Code or applicable state codes has occurred or continues
to exist, a civil penalty may be issued in conjunction with a Notice and
Order to the Responsible Person.
B. The Notice and Order shall refer to all code sections violated and describe
how each section is or has been violated.
C. The Notice and Order shall refer to the dates and locations of the violations.
D. The Notice and Order shall address the action required to correct the outstanding
violations and establish time frames for completion.
E. The Notice and Order shall establish a daily amount of civil penalties.
The Director shall determine the daily amount of civil penalties pursuant to
the criteria in Section 1-070 of this Division.
F. The Notice and Order shall identify a date when the civil penalties began
to accrue and a date when the assessment of civil penalties ended, unless the
violation is continuous. In the case of a continuous violation, there shall
be an ongoing assessment of penalties at the daily rate established in the
Notice and Order until the violations are corrected.
G. If a Director determines that the violations are continuing, the Notice
and Order shall demand that the Responsible Person cease and desist from further
action causing the violations, or take affirmative action to cease from maintaining
or permitting the violation to exist, and commence and complete all action
to correct the outstanding violations under the guidance of the appropriate
City Departments.
H. The Notice and Order shall enumerate any other consequences should the Responsible
Person fail to comply with the terms and deadlines as prescribed in the Notice
and Order.
I. The Notice and Order shall identify appropriate hearing procedures as required
by Division 7, Part VII of this Chapter.
J. The Notice and Order shall be served upon the Responsible Person by any
one of the methods of service listed in Section 1-018 of this Chapter.
K. The Notice and Order shall identify the factors used by the Director in
determining the duration and the daily amount of civil penalties.
L. More than one Notice and Order may be issued against the same Responsible
Person if it encompasses either different dates or different violations.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-070. DETERMINATION OF CIVIL PENALTIES:
A. In determining the date when civil penalties started to accrue, a Director
may consider the date when the Department first discovered the violations
as evidenced by the issuance of a Notice of Violation or any other written
correspondence.
B. The assessment of civil penalties shall end when all action required by
the Notice and Order has been completed.
C. In determining the amount of the civil penalty to be assessed on a daily
rate, the Director may consider some or all of the following factors:
1. The duration of the violation.
2. The frequency or recurrence of the violation.
3. The seriousness of the violation.
4. The history of the violation.
5. The Responsible Person's conduct after issuance of the Notice and Order.
6. The good faith effort by the Responsible Person to comply.
7. The economic impact of the penalty on the Responsible Person.
8. The impact of the violation upon the community.
9. Any other factors that justice may require.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-071. RECOVERY OF CIVIL PENALTIES:
The Director may collect all civil penalties and related administrative costs
by the use of all appropriate legal means, including, but not limited to,
the recordation of a Code Enforcement Lien pursuant to the procedures set
forth in this Chapter. If unable to collect the obligation, the Director
may refer the obligation to the City Attorney to file a court action to recover
these penalties and costs.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-072. CANCELLATION OF CODE ENFORCEMENT LIEN:
Once payment in full is received for the outstanding civil penalties and costs
or the amount is deemed satisfied pursuant to a subsequent administrative
or judicial order, the Director shall, within 10 days from the date payment
is made or decision is final, record a Notice of Satisfaction with the County
Recorder's office. The Notice of Satisfaction shall include the same information
as provided for in the original Code Enforcement Lien. Such Notice of Satisfaction
shall cancel the Code Enforcement Lien.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-073. ADMINISTRATIVE COSTS:
The Director or Hearing Officer is authorized to assess any reasonable administrative
costs. Administrative costs may include scheduling and processing of the
hearing and all subsequent actions.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-074. FAILURE TO COMPLY WITH NOTICE AND ORDER:
The Director shall request the City Manager to appoint a Hearing Officer and
the Director shall establish a date, time and place for the civil penalties
hearing in accordance with Division 7 of Part VII of Chapter 1 when the Responsible
Person fails to comply with the terms of the Notice and Order. Failure to
comply includes failure to pay the assessed civil penalties, failure to commence
and complete corrections by the established deadlines or failure to refrain
from continuing violations of the Municipal Code or applicable state codes.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-075. CIVIL PENALTIES HEARING:
A. The procedures for the civil penalties hearing are the same as the hearing
procedures set forth in Division 7 of Part VII of Chapter 1.
B. The Hearing Officer shall only consider evidence that is relevant to the
following issues: (1) whether the Responsible Person has caused or maintained
a violation of the Municipal Code or applicable state code that existed on
the dates specified in the Notice and Order; and (2) whether the amount of
civil penalties assessed by the Director pursuant to the procedures and criteria
outlined in Section 1-070 was reasonable.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
Stockton,
CA 
