CHAPTER 1. GENERAL PROVISIONS.
Article II. Administrative Remedies.
Sec. 1-12. Purpose.
The purpose of this section is to provide alternative
remedies to address acts or omissions set forth in Section 1-12.1 of this
Chapter. Violations may be corrected, abated or addressed in a number of ways.
It is the intent of this subsection to provide the city with additional remedies
to correct violations and, where necessary, to penalize violators for failure to
comply with city codes and ordinances. The city council hereby finds and
determines that enforcement of this Code and other ordinances adopted by the
city are matters of local concern and serve important public purposes.
Consistent with its powers as a charter city, the city adopts this
administrative remedies provision in order to achieve the following
goals:
(a) To protect the public health, safety and welfare of the
city;
(b) To provide for an administrative process that has
objective criteria for the imposition of penalties and provides for a fair
process to appeal the imposition of administrative penalties;
(c) To provide a method to penalize responsible parties who
fail or refuse to comply with provisions of this Code and other
ordinances;
(d) To minimize the expense and delay where the sole remedy
is to pursue responsible parties in the civil or criminal justice
system.
The city council establishes an administrative remedies
procedure. All final administrative orders made pursuant to the procedures set
forth in this subsection shall be subject to review only as provided in
California Code of Civil Procedure Section 1094.6. Should any court of competent
jurisdiction determine that the city must provide an appeal of any final
administrative order in a manner other than set forth in Section 1094.6, then it
is the intent of the city council that the administrative remedies process
remain as provided herein and to provide that any appeal which is timely
requested follow the procedures set forth in Government Code Section 53069.4.
(Ord. No. 2423 (NCS), § 1.)