SEC. 1-042. DECLARATION OF PURPOSE:
The Council finds that the enforcement of the Municipal Code and applicable state
codes throughout the City is an important public service. Code Enforcement is
vital to protection of the public's health, safety and quality of life. The Council
recognizes that enforcement starts with the drafting of precise regulations that
can be effectively applied in administrative enforcement hearings and judicial
proceedings. After consideration of the recommendations of the Property Management
Task Force, the Council further finds that a comprehensive code enforcement system
requires a variety of judicial remedies and administrative remedies to enforce
violations of the Stockton Municipal Code and applicable state codes.
The procedures established in this part shall be in addition to criminal, civil,
or any other legal remedy established by law which may be pursued to address
violations of this Code and applicable state codes.
The Council also finds that there is a need to establish uniform procedures for
administrative enforcement hearings conducted pursuant to the Municipal Code.
It is the purpose and intent of the City Council to afford due process of law
to any person who is directly affected by an administrative action. Due process
of law includes: adequate notice, an opportunity to participate in the administrative
hearing and an adequate explanation of the reasons justifying the administrative
action. These procedures are also intended to establish a forum to efficiently,
expeditiously and fairly resolve issues raised in any administrative enforcement
action.
The City Manager is authorized to develop policies and procedures relating to
the qualifications, appointment and compensation of hearing officers, hearing
officer powers, hearing procedures, scope of the hearing, subpena powers and
other matters relating to administrative enforcement hearings.
(Repealed and Reenacted by Ordinance 033-96C.S. — Effective October 23,
1996)
SEC. 1-043. ADMINISTRATIVE ENFORCEMENT AUTHORITY:
The Community Development Director, designated Code Enforcement Officers, Fire
Chief and other City Directors and/or their designated agents have the authority
and powers necessary to determine whether a violation of the code exists
and the authority to take appropriate action to gain compliance with the
provisions of the Municipal Code and applicable state codes. These powers
include the power to issue Notices of Violation, Administrative Citations,
Notice and Orders, and Civil Penalties, the power to inspect public and private
property and use the administrative remedies which are available under the
Municipal Code, Uniform Codes or applicable state codes.
(Amended by Ordinance 025-97C.S. — Effective October 16, 1997) (Repealed
and Reenacted by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-044. AUTHORITY TO INSPECT:
A Director and any designated Code Enforcement Officer are authorized to enter
upon any property or premises to ascertain whether the provisions of the
Municipal Code or applicable state codes are being obeyed, and to make any
examinations and surveys as may be necessary in the performance of their
enforcement duties. These may include the taking of photographs, samples
or other physical evidence such as the use of a sound level measurement device
to measure noise disturbances. All inspections, entries, examinations and
surveys shall be done in a reasonable manner. If an owner, occupant or agent
or other Responsible Person refuses permission to enter or inspect, the Code
Enforcement Officer may seek an administrative inspection warrant pursuant
to the procedures provided for in the California Code of Civil Procedure.
(Repealed and Reenacted by Ordinance 033-96C.S. — Effective October 23,
1996)
SEC. 1-044.1. CODE ENFORCEMENT FEES; PURPOSE:
A. The Council finds there is a need to recover costs incurred by the City
in its code enforcement efforts including time spent by City personnel inspecting
and reinspecting properties throughout the City, preparing and posting the
various notices that are required under this Code whenever a property is
found to be in violation of a mandatory provision, processing a case file,
towing inoperative vehicles, obtaining inspection warrants, and preparing
for and appearing at Administrative Hearings, which procedures all become
necessary when a responsible person fails to voluntarily correct code violations
on his or her property. These additional code enforcement efforts are not
usually undertaken or employed until after a responsible person has failed
to respond on a voluntary basis to notices and/or warnings from the City
or volunteers.
B. The Council further finds the assessment of fees for the services listed
in subsection A, are an appropriate method to recover costs incurred for the
additional work that is undertaken by City Staff when a responsible person
fails to voluntarily correct code violations on his or her property in a timely
manner. The assessment and collection of these code enforcement fees shall
not preclude the imposition of, and shall be in addition to, any administrative
or judicial civil penalties or fines for violations of the Municipal Code or
applicable state codes.
(Amended by Ordinance 017-00 C.S. – Effective June 22, 2000) (Added by
Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-044.2. ASSESSMENT OF REINSPECTION FEES:
A. Whenever a Code Enforcement Officer and/or designated staff inspects, reinspects
processes a case file, prepares and posts a Notice of Intent to Abate, a
Notice of Violation, Notice to Vacate, Notice and Order of Demolition, Abandoned
Vehicle Abatement Notice, seeks and obtains an inspection warrant, prepares
for and appears at an Administrative Hearing, or any other action as may
be hereinafter designated by Resolution of the Council, for which an action
has been initiated to obtain compliance with the applicable Municipal and
State Code, a Director shall assess the appropriate code enforcement fee
against the Responsible Person.
(Amended by Ordinance 017-00 C.S. – Effective June 22, 2000) (Added by
Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-044.3. AMOUNT OF REINSPECTION FEES:
A code enforcement fee schedule shall be established and revised as necessary
by the City Council to reflect current costs. The code enforcement fee schedule
shall be filed in the City Clerk's office. (Amended by Ordinance 017-00 C.S. – Effective
June 22, 2000) (Added by Ordinance 033-96C.S. — Effective October 23,
1996)
SEC. 1-044.3.1. CODE ENFORCEMENT FEES EXEMPTION:
No fee shall be charged if any of the following circumstances exist:
a. A Notice of Compliance has been issued;
b. It is determined that the previously identified Responsible Person has not
caused the code violation;
c. The Responsible Person fully complies with any violation notice or warning
before the first inspection by code enforcement staff.
(Amended by Ordinance 023-00 C.S. – Effective September 14, 2000) (Added
by Ordinance 017-00 C.S. – Effective June 22, 2000)
SEC. 1-044.4 NOTIFICATION OF ASSESSMENT OF REINSPECTION FEES:
A. Where the assessment of code enforcement fees is authorized under this Division,
the Director shall provide the Responsible Person with a written notice assessing
code enforcement fees. The written assessment shall contain the following
information:
1. The amount of fees charged; and
2. The corresponding dates when code enforcement action took place; and
3. A deadline by which the code enforcement fee must be paid.
B. Notification of the code enforcement fee assessment shall be provided to
the Responsible Person by any of the means outlined in Section 1-018 of this
Code.
C. Code Enforcement fees may be assessed as part of any judicial or administrative
enforcement action as provided for in this Chapter.
D. Code Enforcement fees collected pursuant to this Division shall not be duplicated
in any other action to recover these identical costs.
E. The failure of any Responsible Person to receive notice of the code enforcement
fees shall not affect the validity of any fees imposed under this Division.
(Amended by Ordinance 017-00 C.S. – Effective June 22, 2000) (Added by
Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-044.5. COLLECTION OF REINSPECTION FEE:
The City shall collect the assessed code enforcement and late fees by the use
of all appropriate legal means, including but not limited to: referral to
the Finance Department for collection or assessment against the property.
(Amended by Ordinance 017-00 C.S. – Effective June 22, 2000) (Added by
Ordinance 033-96C.S. — Effective October 23, 1996)
SECTION II. SEVERABILITY.
In the event any section or portion of this ordinance shall be determined invalid
or unconstitutional, such section or portion shall be deemed severable and
all other sections or portions hereof shall remain in full force and effect.
(Added by Ordinance 017-00 C.S. – Effective June 22, 2000)
Stockton,
CA 
