HomeMy WebLinkAboutOrd. 1413-2009ORDINANCE NO. 1.413-2009
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE DELETING CHAPTER 1.25 AND
AMENDING CHAPTER 8.54 OF THE SOUTH SAN
FRANCISCO MUNICIl'AL CODE TO ADD COST RECOVERY
MECHANISMS FOR ADMINISTRATIVE CITATIONS AND
UPDATE CODE ENFORCEMENT PROVISIONS.
WHEREAS, through its general police powers pursuant to Article XI, Section 7 of the
California Constitution, a city may enact and enforce within its limits all local police, sanitary
and other ordinances and regulations not inconsistent with the general laws of the State of
California; and
WHEREAS, the City Council of the City of South San Francisco finds that it is vital and
necessary to the public health, safety, and welfare to enact a more comprehensive regulatory
scheme of code enforcement, providing the City with all available means to enforce applicable
laws and regulations of the City; and
WHEREAS, pursuant to Government Code Section 38773.1, the City Council established
procedures for abatement and cost recovery of certain public nuisance conditions in the Chapter
8.54 of the Municipal Code; and
WHEREAS, Government Code Sections 36901 and 53069.4 authorize the City Council
to establish administrative fines and penalties for violations of local ordinances; and
WHEREAS, South San Francisco Municipal Code Chapter 8.54 currently does not allow
the City to recover delinquent administrative citations and penalties for code violations by lien or
special assessment, and staff recommends amendment said chapter to allow for such cost
recovery; and
WHEREAS, the City Council finds that it is in the public interest for the City to recover
costs incurred in actions or proceedings undertaken to abate nuisance conditions in the manner
and amounts permitted by law.
NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN
as follows:
SECTION 1. AMENDMENTS
The City Council hereby deletes Chapter 1.25 of Title 1 the South San Francisco
Municipal Code and amends Chapter 8.54 of Title 8 to read as follows as follows (with
text in s~l~eeut indicating deletion and double-underlined text indicating addition):
8.54.040 Responsible Person.
"Responsible Person" means any individual, partnership, corporation, association or other
organization that is the owner or occupant of real property, or the parent or the legal guardian of
anv person under the aye of eighteen years, who causes or maintains a violation of the South San
Francisco Municipal Code or applicable state code.
$.54.047 Hearing officer
"Hearing officer" means the_city manager or his or her designee.
8.54.070 Unlawful property nuisance-Private property.
k 3 Any violation of this Municipal Code, including but not limited to a failure to comply with
a term or condition imposed by anv_ agreement, entitlement, permit, license or environmental
document issued or approved by or_ on behalf of the city or the South San Francisco
Redevelopment A~ency.
8.54.102 Administrative citation
Whenever a code enforcement officer charged with the enforcement of any provision of this code
determines that a violation has occurred, including a failure to comply with a term or condition
imposed by anv_ agreement entitlement permit license or environmental document issued or
approved by or on behalf of the city. or a failure to comply with any county, state or federal law,
the enforcement officer shall have the authority to issue ana_ dministrative citation to any person
responsible for that violation pursuant to the city's general police powers, and/or Government
Code Sections 36901 and 53069.4,
(a) Contents of the citation. Each administrative citation shall be issued on a form approved by
the city attorney and shall contain the following information:
(ll The date of the violation;
(21 The address or a definite description of the location where the violation occurred;
(31 The name, address, and other identifyin~ information for the person being cited.
(41 The section of this code violated and a description of the violation;
51 The amount of the fine for the violation;
61 A description of how, when and where the fine must be paid;
7l An order prohibiting the continuation or repeated occurrence of the violation;
(81 Identification of rights of appeal, including the time within which the administrative
citation maybe contested and the place to obtain a reauest for hearing form to contest the
administrative citation;
(9l An order to the responsible person to correct the violations within the time specified,
and an explanation of the conseauences of failure to correct the violation(s); and
(101 The name and signature of the citing enforcement officer
(11) To the extent possible the signature of the responsible person, if he or she can be
located If the responsible person refuses or fails to sign the administrative citation, the
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failure or refusal to sign shall not affect the validity of the citation and subseauent
proceedings.
(b) Each and every day during any portion of which a nuisance condition exists or continues may
be deemed a separate and distinct violation for puraoses of setting the amount of penalty to be
imposed Anv penalty imposed will accrue on a daily basis from the date the penalty becomes
effective until the violation i s corrected.
(c) Service procedures An administrative citation maybe issued to the responsible person by an
enforcement officer for violations of the municipal code or applicable state code in the following
manner:
(1) Personal service In any case where an administrative citation is issued the
enforcement officer shall attempt to locate and personally serve the responsible person and
obtain the signature of the responsible person on the administrative citation. If the responsible
person served refuses or fails to accept the administrative citation the failure or refusal shall not
affect the validity of the administrative citation or of any subseauent proceedings.
_(21 Service of citation by mail If the enforcement officer is unable to locate the
responsible person the administrative citation shall be mailed to the responsible person by
certified mail postage prepaid with a reauest return receipt. Simultaneously, a copy of the
citation maybe sent by first class mail If the citation sent by certified mail is returned unsigned,
then service shall be deemed effective pursuant to first class mail, provided the citation copy sent
by first class mail is not returned.
(3) Service of citation by posting notice If the enforcement officer does not succeed in
e~ally serving the responsible person or is unsuccessful in serving by certified mail or
regular mail the enforcement officer shall post the administrative citation on any real property
within the city in which the city has knowledge that the responsible person has a legal interest,
and such posting shall be deemed effective service.
8 54.103 Amount of fines: uenalties.
a) Penalty/citation amounts for an infraction The amount of any penalty that may be imposed
for a violation that would otherwise be an infraction shall not exceed the amounts set forth in
Government Code Section 36900(b) Every violation determined to be an infraction is
punishable by a fine not exceeding one hundred dollars ($1001 for a first violation; (2) a fine not
exceeding two hundred dollars ($200) for a second violation of the same ordinance: and (3) a
fine not exceeding five hundred dollars ($500) for each additional violation of the same
ordinance within one year.
(b) Penalty/citation amounts for violation of local building and safety codes. The amount of any
penalty that may be imposed for a violation of local building and safety codes determined to be
an infractions is• (1) a fine not exceeding one hundred dollars ($1001 for a first violation; (21 a
fine not exceeding five hundred dollars ($5001 for a second violation of the same ordinance
within one year; and (31 a fine not exceeding one thousand dollars (S l ,0001 for each additional
violation of the same ordinance within one year of the first violation.
(cl The amount of any penalty that may be imposed for all other violations (i.e., violations that
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would otherwise be misdemeanors) shall not exceed one thousand dollars per day, unless
otherwise authorized by law.
(dl In determining the amount of a nenalty. the following factors should be taken into
consideration:
(1) Duration of the violation;
(2) Frequency, re-occurrence. or number of violations by the same person;
(3) Seriousness of the violation and/or its impact on the community and/or the
degree of culpability of the responsible part
(4) Justification, if any. for the existence, or continuance, of the violation;
(5) Whether the violation is susceptible to restoration or other mitigation:
(6) Good faith efforts to mitigate the violation or to come into compliance, pursuant
to the terms of the notice to abate or abatement order;
(7) Sensitivity of any affected resource;
(8) Anv profits or other economic benefit realized by the responsible party
resulting directly or indirectly, from the violation;
(9) The city's schedule of administrative penalties currently existin~_ or
subsequently enacted; and
(10) Such other factors as justice may require.
8 54 104. Satisfaction of administrative citation.
(al Upon receipt of an administrative citation, the responsible person must do the following:
(11 Pay the fine to the city within fifteen days from the correction date of the
administrative citation All penalties assessed shall be paid to the city. Payment of a nenalty shall
not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement
action by the city.
(21 Remedy the violation(s) if the violation(s) is of such a nature that it can be remedied.
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If the violation(s) is corrected before the date provided on the citation, no fine shall be imposed.
If the responsible person fails to correct the violation(s), subsequent administrative citations may
be issued for the same violation(s).
(bl The payment of a penalty by or on behalf of any responsible party shall not relieve such party
from the responsibility of correcting, removing or abating the nuisance condition, or performing
restoration where required, nor prevent further proceedings under this chapter or any other
authority to achieve the correction, removal or abatement of the nuisance, or any reauired
restoration.
8.54.105 Building and zoning violations - Opportunity to correct.
If the violation pertains to a building plumbing electrical or other similar structural or zoning
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matter that does not create an immediate danger to health or safety, the enforcement officer shall
afford the person responsible for the continuing violation a reasonable period, not less than five
days to correct or otherwise remedy the violation prior to the imposition of administrative fines.
The citee of a violation under this section may reauest an extension of the correction period
provided that a reauest is filed with the chief building official before the _correction period ends.
The chief building official may, in his or her discretion grant a reasonable extension of correction
period if the citee has supplied adeauate evidence demonstrating that the correction cannot
reasonably be made within the correction period. The chief building official's decision shall be
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in writing and is final. The filing for such an extension does not, unless granted, extend the
correction period or any other time periods set by this chapter.
8.54.107 Anneal of administrative penalty
~a Any recipient of a citation or Notice to Abate may appeal the determination that there was a
violation of the South San Francisco Municipal Code, that a penalty or the penalty amount is
warranted or that he or she is the responsible person by completing a reauest for appeal hearing
form and returning it to the city within fifteen days from the date of the administrative citation or
Notice to Abate together with an advance deposit in the amount of the penalties assessed. A
request for hearing form may be obtained from the department specified on the administrative
citation.
(bl Advance deposit• hardship waiver No appeal shall proceed without payment of the advance
deposit of the fine owed at the time the appeal is filed: provided, that the_ hearing officer ma_v
waive or defer the advance deposit requirement upop notice that a reauest for an advance deposit
hardship waiver has been filed The reauest for a waiver shall be filed with the Finance
Department on an advance deposit hardship waiver application form available from the Finance
Department within ten days of the date of the administrative citation. _ The reauirement of
depositing the full amount of the fine shall be staved unless or until the finance director makes a
determination not to issue the advance deposit hardship waiver. The finance director may waive
the reauirement of an advance deposit only if the cited party submits to the director a sworn
affidavit together with any supporting documents or materials, demonstrating to the satisfaction
of the director the person's actual financial inability to_ deposit with the city the full amount of
the fine in advance of the hearing If the finance director determines not to issue an advance
deposit hardship waiver the person shall remit the deposit to the city within ten days of that
decision.
(cl If the hearing officer finds that no violation occurred that the violation was corrected within
the specified time period or_that the person cited is not the responsible party, the hearing officer
may issue an administrative order to reflect those facts and the city shall refund the amount of
the deposited fine witnin fifteen days from the determination.
(d) Failure to timely submit a completed reauest for hearing form or to pay the advance deposit
of any penalties constitute_s_ a waiver of the right to anneal and a failure to exhaust administrative
remedies.
8.54.110 Enforcement staved durin!? anneal.
Enforcement of an Notice to Abate or penalty shall be staved during the pendency of an anneal
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therefrom which is properly and timely filed. unless the city obtains an order from a court of
competent iurisdiction reauirin~ or authorizing the abatement of the condition that is the subiect
of the city's enforcement efforts
8.54.115 Anneal hearings
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(a) An appeal hearing based on a reauest for hearing shall be set for a date not less than ten
days nor more than sixty days from the date the reauest for hearing form is filed unless the
enforcement officer determines that the matter is urgent or that good cause exists for an
extension of time in which case the hearing date maybe shortened or extended. as warranted by
the circumstances.
(b) A hearing under authority of this section shall be conducted according to the procedures set
forth herein The failure of the responsible party or other interested party to appear at the hearing
following prover notice shall constitute a waiver of the rieht to be heard and a failure by such
party to exhaust his/her administrative remedies.
1 When a reauest for hearing is filed, the city manager, or his/her designee, shall set the time
and place for hearing pursuant to subsection (a) of this section. and shall serve a notice of
hearing either personally or by U.S. mail, first-class Hostage prepaid, to the appellant at the
address provided in the reauest for hearing form. The time for such hearing shall be no sooner
than ten days from the date of service of the notice of hearing.
2 At the place and time set forth in the notice of hearing, the hearing officer shall conduct a
hearing on the alleged violations. Any responsible party or other interested person(s) may appear
and offer evidence as to whether a violation has occurred and/or whether the violation continues
to exist whether the person cited is the responsible party for anv such violation, whether a
penalty or the amount of a penalty is warranted. or any other matter pertaininu thereto. Evidence
presented by the enforcement officer or other official of the city tending to show that a violation
occurred and that the person named on the Notice to Abate as the responsible party shall
establish a prima facie case that a violation, as charged, actually existed and that the person
named in the Notice to Abate is the responsible party for the violation. The burden of proof shall
then be on the responsible party to refute such evidence The standard to be applied for meeting
such burden shall be a preponderance of evidence.
3 The hearing officer shall consider written or oral testimony or other evidence re~ardin~ the
violation presented by the responsible party the owner, the occupant, any officer, employee, or
a~of the city and any other interested party. Evidence offered during a hearinu must be
credible and relevant in the may adiourn the hearing and take the matter under consideration of
the hearing officer but formal rules ~overnin~ the presentation and consideration of evidence
shall not apply.
4 The hearing officer shall conduct the hearing, order the presentation of evidence, and make
anv rulings necessary to address procedural issues presented during the course of the hearinu.
5 After receivinu all of the evidence presented the hearing officer may then deliberate and
consider what action if any should be taken or may adiourn the hearing and take matters under
consideration.
6 The hearinu officer in his or her discretion may suspend the imposition of any applicable
penalty for a period of time not to exceed sixty days durinu which the responsible party has
demonstrated a willingness to correct the violations listed in the notice to abate or comply with
an abatement order or has applied for permits required to achieve compliance and such permit
applications are actively pending before or have already been issued bv, the city, state, or other
appropriate governmental a~ency or under any other circumstances that would iustifv a
suspension of the penalty.
8.54.120 Decision of the hearing officer and abatement order.
(a) Within ten days following the conclusion of the hearinu, the hearinu officer shall
make a decision re~ardin~ the issues presented during the course of the hearing, and the decision
shall be based on a preponderance of the evidence. After making a decision, the hearing officer
may issue an abatement order.
(b) The responsible party and any interested party reauestinu a copy of an abatement
order or administrative order shall be served with a copy of said order in accordance with section
8.54.135.
(c) An abatement order shall become effective and enforceable immediately after
announcement or service of such order unless the order includes a later effective date. It shall
include a statement of the right to have the order iudicially reviewed by filing a writ of mandate
within ninety days after the administrative decision becomes final (as determined in Code of
Civil Procedure Section 1094.6).
(d) An abatement order may include any combination of the followinu remedies:
1. Impose or uphold a penalty subiect to Government Code Sections 36900(b) and
53069.4.
2 Issue a "cease and desist" order reauirin~ the responsible party, or anv agent,
representative employee or contractor of the responsible party, to immediately stop any act.
conduct or condition that is a violation of this code A cease and desist order issued pursuant to
this section shall be effective upon issuance and shall be served on the responsible party in the
manner specified in section 8.54.135.
3 Reauire the responsible party to correct or eliminate anv violation, including a
proposed schedule for correction or elimination of said violation within a reasonable time. If a
violation pertains_to building. nlumbin~, electrical, or anv other structural or zoning issues and
the violation does not create an immediate threat to health or safety. the responsible party shall
be provided at least fifteen calendar days to correct abate, or otherwise remedy the violation.
4 Reauire the responsible party or to authorize the city to restore a site or location that
has been dammed or disturbed as a result of a violation of this code to a previolation condition.
Any order authorizing the city to undertake restoration efforts shall include provisions for the
city to recover all restoration costs and expenses including administrative costs. from the
responsible party.
5 Reauire th_e responsible party, or authorize the city, to mitigate any damage or
disturbance to protected or environmentally sensitive areas as a result of any violation, including
without limitation off-site replacement of dammed or destroyed natural resources where on-site
restoration or mitigation is not feasible as determined by the city. Anv order authorizing the city
to undertake mitigation efforts shall include provisions for the city to recover all costs of
abatement including mitigation costs and expenses. from the responsible party.
6 T Impose conditions that restrict or regulate the development of. use of, or activity on
real property where a nexus exists between the violation(s) and the development,. use or activity.
Conditions may be imposed until the violations are fully abated. Restrictions and regulations on
current or future development use or activity may include site restoration and/or the suspension
or revocation of any entitlements issued by the city.
7 Authorize the city to abate or cause the abatement of a nuisance condition where the
responsible party has refused or has otherwise neglected to take steps to correct or eliminate said
conditions The abatement order shall specify that if the city undertakes to abate or eliminate any
nuisance condition the city shall be entitled to recover all costs of abatement incurred in
performing such work and other costs necessary to enforce the order. Such costs may be
recovered by the city as a personal obligation and/or through a lien or a special assessment on the
affected property as provided in section 8.54.305.
8 Sustain modify or overrule an Notice to Abate and/or administrative citations issued
by an enforcement officer.
9 Any other order or remedy that serves the interests of iustice.
(e1 The city may seek to enforce any abatement order by confirmation from a court of
competent iurisdiction Any abatement order that is iudicially confirmed may be enforced
through all applicable iudicial enforcement measures including without limitation. contempt
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proceedin~s upon a subsequent violation of such order.
8.54.130. Tudicial review
(al Any responsible party who is a~~rieved by a decision of a hearing officer or department
pursuant to this chapter and who has exhausted the administrative remedies provided in this
code or any other applicable law shall have the right to seek iudicial review of such decision
filing a petition for writ of mandate in accordance with Code of Civil Procedure Section 1094.5.
Apetition for writ of mandate must be filed within ninety days after the administrative decision
becomes final (as determined in Code of Civil Procedure Section 1094.61.
Notwithstanding these time limits where a shorter time limitation is provided by any other
law including that set forth in Government Code Section 53069.4 (see subsection (el of this
section), such shorter time limit shall apply.
(bl Written notice of the time limitation in which a party may seek iudicial review of an
abatement order shall be given to all responsible parties in the matter by the city in substantially
the following form:
"Judicial review of this decision may be sought by following the procedure outlined in Code
of Civil Procedure Section 1094.5. Judicial review must be sought not later than the ninetieth day
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followin~ the date on which this decision becomes final, except that where a shorter time is
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provided by any state or federal law, such shorter time limit shall apply."
(c) This section shall not be deemed to revive any cause of action or grounds for relief through
a special proceeding that is barred by law or equity.
(d) All costs of preparing an administrative record that may be recovered by a local acency
pursuant to Code of Civil Procedure Section 1094 5(a) or successor statute shall be paid by the
petitioner prior to delivery of the record to petitioner.
(e) Anv responsible party against whom a penalty has been imposed and who has exhausted the
administrative remedies provided in this code or other applicable law may obtain iudicial review
of said penalty pursuant to Government Code Section 53069.4 by filing an appeal to the San
Mateo County Superior Court,_ subiect to the time limits described therein. Any such appeal shall
be filed as a limited civil case. Written notice of the subiect time limits shall be given to all
responsible parties against whom a penalty is imposed in substantially the following form:
"The time within which iudicial review of the penalty imposed by this order must be sought is
¢overned by Government Code Section 53069.4. Judicial review must be sou~lit not later than
twenty days after service of the order imposing or confirming such penalty."
Article IV. Cost Recovery
8.54.205 Definition of costs.
For the purposes of this chapter, "costs" means administrative costs, including staff time
expended and reasonably related to nuisance abatement cases, for items including, but not
limited to, investigation, site inspection and monitoring, reports, telephone contracts,
correspondence and meetings with affected parties, the costs of any appeal hearing (including
staff time necessary to prepare for and attend an appeal hearing) any re-inspections required to
determine or confirm that compliance has been achieved, production of all staff reports,
rehabilitation or repair of said property environmental tests or measurements that are deemed
necessary or appropriate by the code enforcement officer. third party inspection(s) or consultant
services as deemed necessary by the city, as well as all attorneys fees for the prevailing party in
an administrative or court action incurred pursuant to abatement proceedings, including but not
limited to filing fees and fees for witnesses, and the actual costs of abating the violation. The
prevailing party shall be entitled to recovery of its attorneys' fees from the other party only if, at
the outset of the action, the city elects to recover its attorneys' fees. Any recovery of attorneys'
fees pursuant to this section shall be subject to the terms and conditions set forth in subdivision
(b) of Government Code section 38773.5 and any successor statutes thereto
Article V. Lien Procedure
8.54.300 Record of cost of abatement.
a) The fire chief shall keep an account of the costs, as defined in Section 8.54.205 for abating
such nuisance on each separate lot or parcel of land where the work is done by the city and shall
render an itemized report in writing to the city council showing the cost of abatement, including,
without limitation, the costs outlined in section _8.54.205, provided that at least seven days before
said report is submitted to the city council, a copy of the same and a notice of the hearinc shall
be mailed to the owners of said property, based on the last equalized assessment roll or the
supplemental roll, whichever is more current.. The notice of hearing shall set forth the time.
date, and location of the city council meeting at which the cost report shall be submitted to the
city council. The cost report shall be a~endized as a "public hearing" item by the city clerk at a
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subsequent city council meeting following the required notice periods. If the owner of record,
after diligent search, cannot be found, the notice may be served by posting a copy thereof in a
conspicuous place upon the property for a period of ten days. Proof of said posting and service
shall be made by affidavit filed with the city clerk.
At the time and place fixed for receiving and considering the cost report, the city council shall
hear a summary of the cost report and any obiections by the responsible party or property owner
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against whom such costs are being charged or against whose property an abatement lien or
special assessment maybe imposed. After considering the cost report and any obiections thereto,
the city council may make such modifications to the cost report as it deems appropriate. after
which the report maybe confirmed by order of the city council.
8.54.305 Assessment lien or special assessment.
(a). Any penalty imposed for violations of this code. including any other codes or statutes that
have been incoroorated into this code any administrative costs or other expenses of enforcement,
and the cost or expenses associated with the abatement of a nuisance condition that are levied in
accordance with this chapter, whether imposed or levied iudicially or administratively, may be
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enforced by the recordation of a lien against the property of the owner of the real property where
the nuisance condition exis~ed Anv such lien shall be recorded in the office of the San Mateo
County recorder, and from the date of recording shall have the force, effect. and priority of a
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iudQment lien Alien authorized by this subsection shall specify the amount of the lien, that the
lien is being imposed on behalf of the city the date of the administrative citation and/or
abatement order the street address legal description and assessor's parcel number of the parcel
on which the lien is imposed, and the name and address of the record owner of the parcel.
(b) Before recordation of a lien authorized by this section, a notice of lien shall be served on the
responsible party and/or owner of record of the parcel of land on which the _nuisance existed,
based on the last equalized assessment roll or the supplemental roll, whichever is more current.
The notice of lien shall be served in the same manner as a summons in a civil action. If the
owner of record cannot be found, after a diluent search, the notice of lien may be served by
posting a copy thereof in a conspicuous place upon the property for a period of ten days and
publication thereof in a newspaper of general circulation published in San Mateo county.
c) Anv fee imposed on the city by the county recorder for costs of processing and recording the
lien as well as the cost of providing notice to the owner in the manner described herein may be
recovered from the owner in any foreclosure action to enforce the lien or upon sale of the
property on which the city has placed a lien following recordation.
(d) As an alternative to the lien procedure described in this section, any penalty imposed for
violations of this code including any other codes or statutes that have been incoroorated into this
code and any costs of enforcement or administration or expenses associated with the abatement
of any nuisance levied in accordance with this chapter, whether imposed or levied iudicially or
administratively, may become a special assessment against the real property where the nuisance
condition(s) existed. Anv special assessment imposed on real property pursuant to this section
may be collected at the same time and in the same manner as ordinary municipal taxes are
collected, and shall be subiect to the same penalties and the same procedure and sale in case of
delinquency as is provided for ordinary municipal taxes. Notice of any special assessment that is
levied on real property pursuant to this section shall be given to the owner by certified mail, and
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shall contain the information set forth in Government Code Section 38773.5(cl. The notice shall
also specify the property may be sold after three years by the tax collector for unpaid delinauent
assessments. For any legal action to enforce the special assessment or to otherwise collect the
amounts due, the city also may choose to recover its collection costs and attorneys' fees, and in
that instance, such costs and fees shall be recoverable by whomever is the prevailing party.
SECTION 2. SEVERABILITY
If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid or unconstitutional, the remainder of this ordinance, including the
application of such part or provision to other persons or circumstances shall not be
affected thereby and shall continue in full force and effect. To this end, provisions of this
ordinance are severable. The City Council of the City of South San Francisco hereby
declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause, or phrase hereof irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held
unconstitutional, invalid, or unenforceable.
SECTION 3. PUBLICATION AND EFFECTIVE DATE
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the
Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall
(a) publish the summary, and (2) post in the City Clerk's office a certified copy of this
Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk
shall (1) publish the summary, and (2) post in the City Clerk's office a certified copy of
the full text of this Ordinance along with the names of those City Council members
voting for and against this Ordinance or otherwise voting. This Ordinance shall become
effective thirty (30) days after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 26th day of August, 2009.
Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City
Council held the 9th day of September, 2009 by the following vote:
AYES: Councilmembers Pedro Gonzalez, Richard A. Garbarino, and Kevin Mullin,
Vice Mayor Mark Addiego and Mayor Karma Matsumoto
NOES: None
ABSTAIN: None
ABSENT:
ATTEST:
City
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 9th day of September, 2009.
1 atsumoto, Mayor