Ord 2020-011 Muni Code Penalties for Code Violations

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SECTION 2. AMENDMENT TO THE SAN LEANDRO MUNICIPAL CODE. San Leandro Municipal Code Section 1-12-415 of Article 4 of Chapter 1-12 of Title 1 is hereby amended as follows (with additions in italics and deletions in st-rikethfoug ): "CHAPTER 1-12 CITATION - VIOLATIONS ARTICLE 4. ADMINISTRATIVE ENFORCEMENT. 1-12-415 ISSUANCE OF ADMINISTRATIVE PENALTIES. (a) Whenever an Enforcement Officer finds that a provision of this Code has been violated, including but not limited to a failure to comply with a condition imposed by any agreement, entitlement, permit, license or environmental document issued or approved by or on behalf of the City or failure to comply with any County, State or Federal laws the violation of which constitutes a public nuisance, such Enforcement Officer is authorized to issue administrative penalties. Administrative penalties may be issued for the enforcement of any section or provision of this Code. Such penalties may be issued to the responsible party. (b) Administrative penalties shall be issued on forms approved by the City Attorney. Each penalty shall indicate, at a minimum, the following information: (1) The name of the person or entity to whom the penalty is issued. (2) The address or location where the violation is observed. (3) The section of this Code that is being violated. (4) The date by which an appeal of the penalty must be sought before the penalty becomes final. (5) The procedure for seeking an appeal of the penalty. (6) The amount of the administrative penalty to be imposed for each violation in accordance with California Government Code section 36900. One 14un ,.oa Fifty Dollars ($ 50 nm for a first violation, Thfee Hundred Dollars ($300.00) for- a seeend vielation of the safne or-dinan within ene year-, and Six H+tndr-ed Dollars ($600.00) for each -Additie-fl.-All iolation within one ye—ar-, and the first day that any sueh penalty will be imposed. (7) The manner of payment of the administrative penalty. (8) If the violation pertains to building, electrical, or other similar structural or zoning issues where the violation does not create an immediate threat to health or safety, the responsible party shall be provided not less than ten (10) calendar days in which to correct, abate, or otherwise remedy the violation before a penalty is imposed. (c) Service of the penalty shall be made upon the responsible party or the owner, personally or by First Class U.S. mail, with certificate of mailing, and if by such mail to the owner it shall be sent to the last known address listed on the most recent tax assessor's records. In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of service by First Class U.S. mail, service shall be deemed complete at the time of deposit into the United States mail. Where service is by First Class U.S. mail upon the owner, a copy of the penalty shall be conspicuously posted at the affected property. The failure of any person to receive a copy of the penalty that was sent via First Class U.S. mail shall not affect the validity of any enforcement proceedings under this Chapter. (d) 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 violation, nor prevent ORDINANCE NO. 2020-011 2