HomeMy WebLinkAboutOrdinance 1615 (Code & Zoning Violation Cost Recovery)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and
Ex -officio Clerk of the Council of said City, do hereby certify that
the foregoing Charter Ordinance No. 1615 entitled:
"AN ORDINANCE AMENDING TITLE 2 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD
CHAPTER 2.50 TO PROVIDE FOR RECOVERY OF COSTS RELATED TO ADMINISTRATIVE
PROCESSING AND ENFORCEMENT OF CODE AND ZONING VIOLATIONS AND TO ADD
SECTIONS 2.50.010, 2.50.020, 2.50.030 AND 2.50.040"
is a true and correct copy of an ordinance of said City and was
introduced at a REGULAR meeting of the City Council
of the City of San Rafael, held on the 18th day of
MAY , 1992, published as required by City Charter in the
MARIN INDEPENDENT JOURNAL , a newspaper published in the City
of San Rafael and passed and adopted as an ordinance of said City at
a REGULAR meeting of the City Council of said City
held on the 1st day of JUNE , 1992, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Shippey
WITNESS my hand and the official seal
of the City of San Rafael this
kith day of JUNE
1992.
�bZ-JEA M�LEONCINI, City Clerk
ORDINANCE NO. 1615
AN ORDINANCE AMENDING TITLE 2 OF THE SAN
RAFAEL MUNICIPAL CODE TO ADD CHAPTER 2.50 TO
PROVIDE FOR RECOVERY OF COSTS RELATED TO
ADMINISTRATIVE PROCESSING AND ENFORCEMENT OF
CODE AND ZONING VIOLATIONS AND TO ADD SECTIONS
2.50.010, 2.50.020, 2.50.030 AND 2.50.040.
THE COUNCIL OF CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1:
Title 2 of the Municipal Code of the City of San Rafael is
hereby amended by adding Chapter 2.50 Recovery of Costs and
sections 2.50.010, 2.50.020 and 2.50.030 and 2.50.040 to provide as
follows:
Section 2.50.010 - Recovery of Costs
1. Purpose and Intent
This section establishes procedures for the recovery of
administrative costs including staff time expended in the enforce-
ment of the provisions of the San Rafael Municipal Code in cases
where no permit is required in order to cure a violation of
building, zoning, setbacks, animals, health and sanitation, public
works, tree planting and maintenance, watercourses, abandoned
vehicles, signs, flood hazard, open space and use of premises
violations. The intent of this section is to recoup administrative
costs reasonably related to enforcement.
2. Definitions
For the purpose of this section, the following words and
phrases shall have the meanings ascribed to them herein.
Department: The Department of Public Works of the City
of San Rafael;
Director: The terms Director of Public Works, Director
of Code Enforcement, City Building Inspector, Chief Building
Inspector, Department of Public Works, Department of Building and
Safety and City are to be considered synonymous with the terms
Building Official, Building Department and City respectively, as
they appear in the uniform codes and this chapter. For the
purposes of this chapter, "Building Official" shall mean "Director
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0F4GINRt
s
of Public Works";
Owner: The record owner or any person having possession
and control of the subject property;
Costs: Administrative costs, including staff time
expended and reasonably related to enforcement, for items including
site inspections, summaries, reports, telephone contacts and
correspondence;
3. Costs
The Department of Public Works shall maintain records of
all administrative costs, incurred by responsible City departments,
associated with the processing of violations and enforcement of
this code and shall recover such costs from the property owner as
provided herein. Staff time shall be calculated at hourly rates as
established and revised from time to time by the City Council.
4. Notice
Upon investigation and a determination that a violation
of any provisions of this code is found to exist as described in
Title 1, 4, 6, excepting chapter 6.10, chapter 8.12 of Title 8, 9,
10, 11, 12, 13, 14, 16, 17 and 18 of this code, the Director, or
any person within the department authorized by the Director, shall
notify the record owner, or any person having possession or control
of the subject property, by mail of the existence of the violation,
the department's intent to charge the property owner for all
administrative costs associated with enforcement, and the owner's
right to a hearing on the objections thereto.
The notice shall be in substantially the following form:
NOTICE
The Department of Public Works has determined that
conditions exist at the property at
which
violate section of the Municipal Code, to wit:
(Description of Violation)
Notice is hereby given that at the conclusion of this
case you will receive a summary of administrative costs
associated with the processing of this violation, at
hourly rates as established and adjusted from time to
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time by the City Council. The hourly rates presently in
effect are per hour of general staff
time.
You will have the right to object to these charges by
filing a Request for Hearing with the Department of
Public Works within ten (10) days of service of the
summary of charges pursuant to section 6 hereof.
5. At the conclusion of the case, the Director shall send a
summary of costs associated with enforcement to the owner and/or
person having possession or control of the subject property by
certified mail. Said summary shall include a notice in substan-
tially the following form:
NOTICE
If you object to these charges you must file a Request
for Hearing on the enclosed form within ten (10) days of
the date of this notice.
IF YOU FAIL TO TIMELY REQUEST A HEARING, YOUR RIGHT TO
OBJECT WILL BE WAIVED AND YOU WILL BE LIABLE TO THE CITY
FOR THESE CHARGES, TO BE RECOVERED IN A CIVIL ACTION IN
THE NAME OF THE CITY, IN ANY COURT OF COMPETENT JURISDIC-
TION WITHIN THE CITY.
DATED:
DIRECTOR
6. Reauest for Hearinq
In the event that (a) no Request for Hearing is timely
filed or, (b) after a hearing the Director affirms the validity of
the costs, the property owner or person in control and possession
shall be liable to the City in the amount stated in the summary or
any lesser amount as determined by the Director. These costs shall
be recoverable in a civil action in the name of the City, in any
court of competent jurisdiction within the County of Marin.
Any property owner, or other person having possession and
control thereof, who receives a summary of costs under this section
shall have the right to a hearing before the Director on his
objections to the proposed costs in accordance with the procedures
set forth herein.
K
A. A request for hearing shall be filed with the
department within ten (10) days of the service by mail of the
department's summary of costs, on a form provided by the depart-
ment.
B. Within thirty (30) days of the filing of the
request, and ten (10) days written notice to the owner, the
Director shall hold a hearing on the owner's objections, and
determine the validity thereof.
C. In determining the validity of the costs, the
Director shall consider whether total costs are reasonable in the
circumstances of the case. Factors to be considered include, but
are not limited to, the following: Whether there is a present
ability to correct the violation; whether the owner moved promptly
to correct the violation; the degree of cooperation by the owner.
D. The Director's decision shall be appealable to the
City Council pursuant to section 2.50.040.
Section 2.50.020 -- Processing Fee Assessment
Any person who shall erect, construct, alter, enlarge, move or
maintain any building or structure, or institute a use for which a
permit is required by this Title without first having obtained a
permit therefore, shall, if subsequently granted a permit for that
building, structure or use, or any related building, structure or
use on the property, first pay such additional permit processing
fees as established from time to time by the City Council.
Section 2.50.030 -- Limitations on Issuance of Land Use and/or
Building Permits
A Land Use Permit and/or a Building Permit shall be issued
only if all the following determinations are made:
1. That the proposed development is located on a legally
created lot as determined by the City Engineer and/or County
Surveyor.
2. That the subject property is in compliance with all laws,
rules and regulations pertaining to zoning uses, subdivisions,
setbacks and any other applicable provisions of this Article, and
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such zoning violation and/or code enforcement processing fees as
established by resolution from time to time by the City Council
have been paid. This subsection shall not be interpreted to impose
new requirements on legal non -conforming uses and structures.
Section 2.50.040 -- Administration
1. Administration and Enforcement
The Department of Public Works is responsible for
administering and enforcing this Title and providing an inspector
to enforce this and other City and State building and safety laws.
The Code Enforcement Officer shall have the duty of educating the
public in the use of the codes, inspection, and enforcement and of
each of the codes adopted by reference in this code above, the City
zoning and enabling codes, including its amendments or revisions
and all other State and City laws referring to building and
materials and land use. He may obtain assistance from other City
officials or employees when necessary to enforce these provisions,
regulations or other City or State laws under his jurisdiction.
2. Appeal
Any person may appeal a decision of the Director of
Department of Public Works to the City Council by filing a written
notice of appeal within thirty (30) days of the decision of the
Director.
3. The City Clerk shall notice a hearing before the City
Council within thirty (30) days of the appeal on ten (10) days
written notice to the owner. The City Council shall hold a hearing
on the owner's objections and determine the validity thereof.
4. Such appeal shall be heard by said City Council which may
affirm, amend or reverse the order or take other action deemed
appropriate. The decision of the City Council is final.
DIVISION 2:
If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this Ordi-
nance. The Council hereby declares that it would have adopted the
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Ordinance and each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
DIVISION 3:
This Ordinance shall be published once in full before its
final passage in a newspaper of general circulation, published and
circulated in the City of San Rafael, and shall be in full force
and effect thirty (30) days after its final passage.
U�
A B T J. ORO, Mayor
Attest:
J 1TE M. LEONCI I, City Clerk
The foregoing Ordinance No. 1615 was read and introduced at a
Regular Meeting of the City Council of the City of San Rafael, held
on the 18th day of May , 1992, and ordered
passed to print by the following vote, to wit:
AYES: Councilmembers: Breiner, Cohen, Thayer & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Shippey
and will come up for adoption as an Ordinance of the City of San
Rafael at a Regular Meeting of the Council to be held on the
lst day of June , 1992.
JGXN91?'-M. LEONCINI City Clerk
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