§ 18.152.100 — Recovery of Costs

This Section establishes procedures for the recovery of administrative costs, including City staff and City Attorney time expended on the enforcement of the provisions of SCCC Title 18 in order to correct a violation. The intent of this Section is to recover all City administrative costs reasonably related to administrative, civil, or criminal enforcement in compliance with Code of Civil Procedure Section 1033.5, SCCC Section 1.05.070, Chapter 1.10 (Administrative Penalties – Citations), and this Section. A. Record of Costs. 1. The Department shall maintain records of all administrative costs incurred by responsible City departments, including City Attorney costs, associated with the processing of violations and enforcement of SCCC Title 18, and shall recover the costs from the property owner(s) or the person(s) in control of the property in compliance with this Section. 2. City staff time shall be calculated at an hourly rate as established and revised from time to time by the Council, or the actual rate charged to the City. B. Notice. Upon investigation and a determination that a violation of any of the provisions of SCCC Title 18 or any condition(s) imposed on a permit or approval is found to exist, the Director shall notify the record owner(s) and/or any person(s) having possession or control of the property by mail, of the existence of the violation(s), the Department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing regarding any objections they may have. The notice shall be in a form approved by the City Attorney. C. Summary of Costs and Notice. 1. At the conclusion of the investigation, the Director shall send a summary of costs associated with enforcement to the property owner(s) and/or person(s) having possession or control of the property by certified and first class mail. 2. The summary shall include a notice in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges for City cost recovery within 10 days following the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges. 3. In the event that no request for hearing is timely filed or, after a hearing the Director affirms the validity of the costs, the property owner(s) and/or person(s) in control shall be liable to the City in the amount stated in the summary or any lesser amount as determined by the Director. 4. The costs shall be recoverable in a civil action in the name of the City, in any court of competent jurisdiction, or by tax assessment or a lien on the property in compliance with Government Code Section 54988, at the City’s election. 5. The obligation to pay any unpaid costs shall be made a personal obligation of the property owner(s). The obligation may be recovered against the property owner(s) through a civil action initiated by the City or its authorized collection agent, or in any other manner provided for by law. The City shall be entitled to recover costs of the civil action, including the City’s Attorney’s fees. D. Attorney’s Fees. In any action or administrative proceeding to enjoin, or abate a nuisance, or seek a civil penalty, the prevailing party in the action or proceeding shall be entitled to recover reasonable attorney’s fees; however, the amount of attorney’s fees awarded to a prevailing party shall not exceed the amount of attorney’s fees incurred by the City in the action or proceeding. Further, an award of attorney’s fees in compliance with this Section shall only be allowed where the City elects, at the initiation of the action or proceeding, to seek recovery of its own attorney’s fees. E. Request for Hearing on Costs. Any property owner(s) and/or other person(s) having possession and control of the subject property who receives a summary of costs shall have the right to a hearing before the Director. 1. A request for hearing shall be filed with the Department within 10 days following the service by mail of the Department's summary of costs, on a form provided by the Department. 2. Within 30 days following the filing of the request, and on 10 days’ written notice to the owner(s), the Director shall hold a hearing on the owner's objections, and determine their validity. 3. In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered shall include: a. Whether the present owner(s) created the violation(s); b. Whether there is a present ability to correct the violation(s); c. Whether the owner(s) moved promptly to correct the violation(s); d. The degree of cooperation provided by the owner(s); and e. Whether reasonable minds differ as to whether a violation(s) exists. 4. The Director’s decision shall be appealable directly to the Planning Commission in compliance with Chapter 18.144 (Appeals).