§ 1.10.140. Administrative Penalty Hearing Before the City Council.

A. In any instance where staff deems that the imposition of further administrative fines may no longer be effective in compelling compliance, staff may recommend that the City Council consider imposing an administrative penalty due to the egregious nature of a violation, or the repeated failure to correct a violation, of the municipal code and/or applicable statute, rule, code or regulation. The matter may be brought forward to the City Council for a hearing. The city shall provide at least five business days' notice to the violating party that the City Council will be considering such administrative penalty. If the City Council finds by a preponderance of the evidence that a violation has occurred and that the situation warrants the imposition of an administrative penalty, the City Council may issue a final order that imposes any or all of the following:

1. A directive to cease and desist from committing the violation;

2. A directive to correct the violation, including a schedule for correction where appropriate;

3. Administrative penalties based upon the administrative penalty set pursuant to § 1.10.150;

4. Administrative costs; and

5. Interest imposed at the legal rate.

B. The order shall state that failure to comply with its provisions may result in the city proceeding with an abatement consistent with the provisions of § 1.09.100 and charging the cost of abatement plus all administrative costs to the property owner, and may further result in the city collecting the monies due as a personal obligation of the responsible party or as a lien against the parcel and/or as a special assessment, and such lien or special assessment may be recorded, and that such property may be sold after three years by the Tax Collector for unpaid delinquent assessments.

C. If the violator gives written notice to the enforcement officer, City Manager or City Council that the violation has been corrected and if the city finds that compliance has been achieved, the date the written notice was postmarked or personally delivered or the date of the final inspection, whichever first occurred, shall be deemed to be the date the violation was corrected. If no written notice is provided, the violation will be deemed corrected on the date of the final inspection. If the city determines that compliance has been achieved, the enforcement officer shall document that compliance has been achieved. A copy of the compliance documentation shall be served on the responsible party.

D. The order of the City Council is final at the time it is made; however, the City Council shall maintain continuing jurisdiction and shall have the power to modify the order, after providing the person subject to the order with notice and an opportunity to be heard, until full compliance is achieved. The order of the City Council shall be subject to reconsideration pursuant to Chapter 2.08 of this municipal code.

E. The order shall have the same force and effect as a resolution of the City Council for the purpose of filing a lien with the County of Santa Clara or Tax Collector's office pursuant to this municipal code and for the purpose of pursuing any other collection or enforcement action to obtain payment of the amounts owed to the city.

F. The order, if recorded, shall have the same force and effect and priority as a judgment lien governed by the provisions of § 697.340 of the California Code of Civil Procedure and may be extended as provided in §§ 683.110 to 683.220, inclusive, of the California Code of Civil Procedure.

(Ord. 20-2203, § 4, 2020)