Imperial Beach City Council
June 7, 2023

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EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Imperial Beach shall cause this Ordinance to be published pursuant to the provisions of Government Code section 36933.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, California on the 7
th day of June 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

NONE

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK
APPROVED AS TO FORM:
_____________________________
JENNIFER M. LYON

CITY ATTORNEY

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EXHIBIT “A”

1.12.010 Designated violations—Misdemeanors and infractions.

A. It is unlawful for any person to violate a provision of this code, to advertise an activity that violates a provision of this code, or to fail to comply with a requirement of this code.

Violating a provision of this code, advertising an activity that violates a provision of this code, or failing to comply with a mandatory requirement of this code is a misdemeanor.

Notwithstanding any other provision of this code, a violation that is a misdemeanor may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an infraction. Notwithstanding any other provision of this code, a violation of a provision relating to parking, operation of bicycles, operation of motor vehicles, or the use of freeways, highways and streets by animals, bicycles, motor vehicles or pedestrians is an infraction.

B. Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise made in this code, is punishable by a fine of not more than $1,000.00, or by imprisonment in the County Jail for a period of not more than six months, or by both fine and imprisonment.

C. Any person convicted of an infraction under the provisions of this code, unless provision is otherwise made in this code, is punishable by fine only as follows:

1. A fine not exceeding $100.00 for a first violation;

2. A fine not exceeding $200.00 for a second violation of the same ordinance within one year;

3. A fine not exceeding $500.00 for each additional violation of the same ordinance within one year.

4. A person may request a hardship waiver under Government Code section 36900(e) which, if granted, may reduce the amount of the fine issued pursuant to Section 1.12.010 C.2. or C.3. above upon a showing by the responsible person that the responsible person has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible person.

D. Any infraction violation of the City’s regulations concerning short-term rentals, as defined by Section 19.04.692, which poses a threat to public health or safety, is punishable by the following:

1. A fine not exceeding $1,500.00 for a first violation.

2. A fine not exceeding $3,000.00 for a second violation for the same ordinance within one year.

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3. A fine not exceeding $5,000.00 for each additional violation of the same ordinance within one year of the first violation.

4. The fines described herein shall not apply to a first time offense of failure to register or pay a business license fee for short term rentals.

5. A person may request a hardship waiver under Government Code section 36900(e) for which, if granted, may reduce the amount of the fine upon a showing by the responsible person that the responsible person has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible person.

E. Any violation of local building and safety codes determined to be an infraction is punishable by the following:

1. A fine not exceeding one hundred thirty dollars ($130) for a first violation.

2. A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.

3. (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.

4. A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

5. A person may request a hardship waiver under Government Code section 36900(e) which, if granted, may reduce the amount of the fine issued pursuant to Section 1.12.010 E.2. or E.3. above upon a showing by the responsible person that the responsible person has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible person.

D.F. Each such person shall be charged with a separate offense for each and every day during any portion of which a violation of any provision of this code is committed, continued or permitted by such person, and shall, upon conviction, be punished accordingly.

EG. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance, and may be summarily abated as such by this City; and each day that such condition continues shall be regarded as a new and separate offense.

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FH. A violation of this code may be subject to an administrative citation issued under Chapter 1.22 of this code.

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EXHIBIT “B”
Chapter 1.16 NUISANCE ABATEMENT

1.16.010 Intent of chapter.

1.16.015 Definitions.

1.16.020 Responsibilities for property maintenance.

1.16.030 Classification of nuisances.

1.16.040 Declaration of nuisance—Notice—Service of notice.

1.16.050 Voluntary abatement of nuisances.

1.16.060 Failure to voluntarily abate a declared nuisance—Notice of intent to abate.

1.16.070 Notice of intention to abate public nuisance—Contents.

1.16.080 Service of notices and order to abate.

1.16.090 Authority to enter upon land.

1.16.100 Right to appeal.

1.16.110 Decision of the hearing officer.

1.16.120 Service of the abatement order.

1.16.130 Abatement by property owner.

1.16.140 Abatement by the City.

1.16.150 Record of cost for abatement—Invoice.

1.16.160 Invoice—Hearing and proceedings.

1.16.170 Assessment of costs against property.

1.16.180 Violations.

1.16.190 Grievance with final order—Appeal to City Council.

1.16.200 Summary abatement.

1.16.210 Limitation on filing judicial action.

1.16.220 Alternatives.

1.16.230 Confirmation of costs.

1.16.240 Recovery as a lien.

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1.16.250 Recovery as a special assessment.

1.16.260 Release of lien.

1.16.010 Intent of chapter.

This chapter is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, or with private restrictions placed upon property by covenant, deed, or other private agreement or with restrictive covenants running with the land to which the City is a party. However, where this chapter imposes a greater restriction upon property or structures than is imposed or required by existing provisions of law, ordinance, contract or deed, the provisions of this chapter control. The purpose of this chapter is to provide minimum standards for the maintenance of property in the City and to allow for abatement of nuisances on property through means other than criminal prosecution. At the direction of authorized personnel and pursuant to a written agreement, the City may use the services of an independent contractor to implement the provisions of this chapter.

1.16.015 Definitions.

When used in this chapter, the following definitions apply unless the context or more specific definition indicates otherwise:
“Enforcement officer” means any City employee or agent of the City, any officer or employee of the City with the authority to enforce the Imperial Beach Municipal Code, including, but not limited to, a code enforcement officer, lifeguard, parking enforcement officer, inspector, and the fire marshal, which has the authority and responsibility to enforce provisions of this code.
“Sidewalk” means that portion of a street between the curb-line and the adjacent property line intended for the use of pedestrians and may be contiguous or noncontiguous to the curb.
“Street” includes all streets, highways, avenues, parkways, lanes, alleys, courts, places, squares, curbs, or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.

1.16.020 Responsibilities for property maintenance.

A. Every owner, lessee, occupant, or person having charge of property within the City is required to maintain such property in a manner so as not to violate the provisions of this code or any law, including obtaining all required permits or approvals from governmental agencies, and such owner, lessee, occupant, or person having charge of property remains liable for violations regardless of any contract or agreement with any

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third party regarding such property. The duty imposed by this section on a property owner in no instance relieves those persons from the similar duty.

B. All parcels must be mowed and/or cleared a distance of 100 feet from any structure or adjacent structure if the parcel is unimproved and up to 50 feet along each side of established regularly traveled roadways or driveways. Clearance of property must be accomplished by methods that will not disturb native soil or root stock. The required width is at the discretion of the Fire Chief or designee.

C. Any condition caused, maintained or permitted to exist in violation of any provisions of this code or applicable State Codes that constitutes a public nuisance may be abated by the City pursuant to the procedures set forth in this chapter.

1.16.030 Classification of nuisances.

The following acts and conditions when performed or existing upon any property within the City are hereby declared to be unlawful and are defined as and declared to be public nuisances which are injurious or potentially injurious to the public health, safety and welfare and which have a tendency to degrade the appearance and property values of surrounding property or which cause damage to public rights-of-way:

A. Any condition of any structure or building, both permanent and temporary, or other lot improvements, or vacant or unimproved land that is caused, maintained or permitted to exist in violation of any provisions of this code or applicable State Codes which constitutes a public nuisance, including, but not limited to, the following:

1. Actions or conditions of property which threaten the public health, safety or welfare as determined by the City Manager or designee or which create a violation of any provision of this code;

2. Buildings or structures which are built without the necessary permits or which are constructed or erected in violation of the provisions of Titles 15 and 19 of this code;

3. Buildings or structures which do not comply with the terms of a development permit, including landscaping requirements;

4. Grading which does not comply with Title 15 of this code;

5. Buildings that are abandoned, partially destroyed, or unreasonably permitted to remain in a state of partial construction;

6. Buildings, walls, and other structures that have been damaged by fire, decay, or otherwise to such an extent that they cannot be repaired to conform with the requirements of the building code; and

7. Buildings with a major portion unpainted or infested with dry rot or termites.

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B. Any condition of any structure or building, both permanent and temporary, or other lot improvements, or vacant or unimproved land which does not comply with the terms of a development permit, including landscaping requirements.

C. All weeds or dry grasses over four inches in height, dead shrubs, dead trees or tree limbs within 10 feet of a chimney, rubbish, or any material growing or discarded upon the streets, parking areas, sidewalks, or upon private property within the City which bear seeds of a wingy or downy nature or which by reason of their size, manner of growth and location constitute a fire hazard to any building, improvement, crops or other property, and weeds or grasses which, when dry, will in reasonable probability constitute such a fire hazard are hereby declared to be a public nuisance. Cultivated and useful grasses and pastures are not a public nuisance; provided, however, that if the Fire Chief determines it necessary to protect adjacent improved property from fire exposure, an adequate fire break may be required.

D. Overgrown vegetation that is likely to harbor rats, vermin, or other nuisances or to be detrimental to nearby property or property values;
E. Dead, decayed, diseased, or hazardous trees, weeds, or other vegetation that is unsightly, dangerous to public safety or welfare, detrimental to nearby property or property values, or reasonably deemed to be a fire hazard; F. Faulty weather protection, including, but not limited to, crumbling, cracked, missing, broken, or loose exterior plaster or other siding, roofs, foundations or floors broken or missing windows or doors, or unpainted surfaces causing dry rot, warping, or termite infestation.

G. Fences or walls which are in a hazardous condition, or which are in disrepair, or which hinder free access to public sidewalks.

H. Vehicles, motor vehicles, campers, camper trailers, trailers, unmounted campers, trailer coaches, motorcycles, boats, and other similar conveyances stored on unpaved surfaces.

I. Storage or scattering over the property of any of the following:

1. Debris, rubbish, or trash not stored in trash receptacles;

2. Abandoned, discarded, broken, wrecked, inoperable or discarded household furnishings, appliances, machines, vehicles, tools, or similar objects or equipment;

3. Discarded building materials or machinery;

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4. Any rubble, asphalt, concrete, plaster, tile, rubbish, crate, carton, or metal or glass container that, by reason of its location and character materially hampers or interferes with the prevention or suspension or suppression of fire on any lot, property or premises.

J. Signs which are a traffic hazard.

K. Unpaved or deteriorated parking lots containing uneven surfaces, drainage problems or that are hazardous to the public.

L. Continuing to use a property after a temporary use permit for that use expires.

M. Features installed or constructed to provide disabled access in conjunction with the requirements of a building permit issued by the City which are not maintained in such a manner as to continue to provide proper access to persons with disabilities and therefore have become hazardous to persons with disabilities and others. This does not include enforcement of the requirements of the Americans with Disabilities Act (ADA) which are not the enforcement responsibility of the local jurisdiction.

N. Maintenance of premises in such conditions as to be detrimental to the public health, safety, or general welfare or in such manner as to constitute a public nuisance as defined by Section 3480 of the California Civil Code.

O. Graffiti on private or public property creates a condition tending to reduce the value of private or public property, to promote blight and deterioration, to reflect badly on the community, and may be injurious to health, safety and general welfare. Furthermore, graffiti has been used as a forum for gang-related activities and can lead to an increase in crime in the City. Therefore, the presence of graffiti on private or public property is declared to constitute a public nuisance which may be abated as such in accordance with provisions of this chapter, or any other applicable provision of law.

P. The feeding of pigeons and seagulls not maintained within a primary enclosure or maintenance of premises in violation of Title 19.

Q. Failure to maintain the required off-street parking required by Chapter 19.48 of this code.

R. Any place where mosquitoes breed.

S. Attractive nuisances that are dangerous to children, including, but not limited to, abandoned and broken equipment, ice boxes, refrigerators, and unprotected or hazardous pools, ponds, and excavations.

1.16.040 Declaration of nuisance—Notice—Service of notice.

A. Whenever the enforcement officer, finds that a nuisance exists in accordance with this code on any premises located within the City, he or she may cause, including through the use of a third party contractor, a notice to be issued to the property owner,

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lessee or occupant of the property on which the nuisance is located of the nuisance and direct that the nuisance be abated.

B. This notice may be sent by first class mail, postage prepaid and need not be served in accordance with Section 1.16.080. The notification must detail the violations and establish a reasonable abatement period which is not less than 10 days.

1.16.050 Voluntary abatement of nuisances.

The owner, lessee or occupant of any building, structure or property alleged to be a nuisance under the provisions of this chapter may abate the nuisance at any time within the abatement period provided in Section 1.16.040 of this chapter by rehabilitation, repair, removal, or demolition. The owner, lessee, or occupant must advise the enforcement officer upon completion. Once advised, the enforcement officer must inspect, or cause to be inspected, the premises to insure that the nuisance has been abated.

1.16.060 Failure to voluntarily abate a declared nuisance—Notice of intent to abate.

If an alleged nuisance is not properly abated within the period established under the provisions of Sections 1.16.040 and 1.16.050, the property owner, lessee or occupant may be served with a written notice of intention to abate the nuisance in accordance with Sections 1.16.070 and 1.16.080 of this chapter by the enforcement officer.

1.16.070 Notice of intention to abate public nuisance—Contents.

The notice of intention to abate public nuisance described in Section 1.16.060 of this chapter must provide all of the following:

A. A description of the property in general terms reasonably sufficient to identify the location of the property;
B. A reference to the applicable code or statutory provision rendering the property a public nuisance;
C. Describe and demand the action required to abate the public nuisance, which may include corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or other appropriate action;
D. Establish time frames by which each action must occur, which will not be less than 10 days;
E. Explain the consequences of failing to comply with the terms of the notice; F. In the event the notice of intention to abate requires removal of graffiti, notice that if the property owner, within 10 days after mailing of the notice, provides the City with a written consent to remove the graffiti, the City will remove the graffiti at no cost to the property owner, and that if the property owner does not provide the City with written

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consent to remove the graffiti, and the graffiti has not been removed within the 10-day period, the City may commence nuisance abatement proceedings in accordance with this title; and
G. Identify all applicable hearing and appeal rights as set forth in Section 1.16.100.

1.16.080 Service of notices and order to abate.

Service of notice of intent to abate must be made in accordance with the following methods:

A. By posting at a conspicuous place on the lot, property or premises or abutting public right-of-way for five consecutive days. Service is deemed complete on the day after the fifth day after posting; and
B. By either of the following:

1. Personal service on the owner, occupant or person in charge or control of the lot, property or premises. Service is complete upon such personal service; or

2. Registered mail addressed to the owner or person in charge and control of the lot, property or premises, at the address shown on the last available property assessment roll, or as otherwise known. Service is deemed complete upon the deposit of said notice, postage prepaid, in the United States mail.

1.16.090 Authority to enter upon land.

The enforcement officer may enter upon the land for posting or serving notice.

1.16.100 Right to appeal.

A. The responsible person may appeal the notice of intent to abate issued under Section 1.16.060 and request a hearing in accordance with the procedures set forth in Section 1.18.040; provided however, that the written request for a hearing must be filed with the Office of the City Clerk within 10 calendar days after the date of service of the notice of intent to abate. The City Clerk must then forward the hearing request to the hearing officer. No payment for a hearing shall be required for a hearing requested pursuant to this Chapter by the responsible person.

B. Upon receiving a written request for a hearing on a notice of intent to abate, the hearing officer must follow the procedures set forth in Section 1.18.040 and hear any objections as to why abatement should not be ordered and effected.

C. In the event a responsible person files an appeal pursuant to this section, abatement may not proceed until the administrative appeal process is complete, unless the City Manager concludes that an imminent threat to the public’s health and safety exists and justifies summary abatement pursuant to Government Code Section 38773 and Section 1.16.200.

1.16.110 Decision of the hearing officer.

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A. In the case of all nuisance abatement proceedings, if the hearing officer determines that a public nuisance exists and that there is sufficient cause to abate the nuisance, the City may abate the public nuisance pursuant to the procedures of this chapter if no appeal has been filed within the time specified for an appeal to the City Council in accordance with Section 1.16.190. “Sufficient cause” for purposes of graffiti abatement on private property exists where the Community Development Director finds, in writing, that the graffiti tends to reduce the value of private property, to promote blight and deterioration and be injurious to the health, safety and general welfare, and that proposed abatement costs are reasonable. The decision of the hearing officer is final unless an appeal is filed in accordance with Section 1.16.190.

B. In the event a responsible person files an appeal to City Council pursuant to this section, abatement may not proceed until the appeal is complete, unless the City Manager concludes that an imminent threat to the public’s health and safety exists and justifies summary abatement pursuant to Government Code Section 38773 and Section

1.16.200.

1.16.120 Service of the abatement order.

Within five days after issuance of the hearing officer’s decision pursuant to Section 1.16.110, the property owner, lessee, occupant or the person having charge or control of the property must be served with a copy of the written order in the manner provided in Section 1.16.080. Failure to serve the decision does not affect the validity of the decision or actions taken in reliance thereon.

1.16.130 Abatement by property owner.

The property owner, lessee, occupant, or person having care or control of the property may, at his or her own expense, abate the nuisance as prescribed by the enforcement officer or hearing officer at any time prior to abatement by the City. If the nuisance has been inspected by a representative of the City and has been abated in accordance with the requirements, proceedings will be terminated.

1.16.140 Abatement by the City.

If a declared nuisance is not completely abated by the owner, lessee, occupant, or person having charge or control of the property within the time prescribed by the enforcement officer or hearing officer, the enforcement officer, or any designated City official, is authorized and directed to cause the nuisance to be abated by City forces or private contract in accordance with applicable laws. The City Manager is authorized to pursue any administrative or judicial remedy to abate the public nuisance.

1.16.150 Record of cost for abatement—Invoice.

A. The enforcement officer or such other City official or private contractor as may be designated, must keep an account of the costs of abating a nuisance on each separate lot or parcel of land where the work is done and render an itemized report, in writing, to

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the Community Development Director, showing the cost of abatement and the rehabilitation, demolition or repair of the premises, building or structures, less any salvage value relating thereto. The costs must include the City’s administrative costs, which may be 25% of the other costs and which include the expense and costs of the City in preparing notices, specifications and contracts, in inspecting the work, legal fees, and other related costs required hereunder.

B. The Community Development Director, enforcement officer, or such other City official or private contractor as may be designated, must send an invoice for the costs of abating the nuisance to the owner of the property where the abatement activity occurred. Service of the invoice must be made in a manner provided in Section 1.16.080.

1.16.160 Invoice—Hearing and proceedings.

A property owner who receives an invoice for the abatement of a nuisance may request an administrative hearing on the costs set forth in the invoice in accordance with the procedures set forth in Section 1.16.190 by filing an appeal with the City Clerk within 10 days after receiving the invoice.

1.16.170 Assessment of costs against property.

When the total cost for abating a nuisance is received by the Finance Department of the City, the City may collect the cost as a special assessment pursuant to Section 1.16.250 or a lien pursuant to Section 1.16.240 against the respective lot or parcel of land to which it relates.

1.16.180 Violations.

A. Any owner, lessee, occupant, or other person having charge or control of any such buildings, or premises, who maintains any public nuisance defined in this chapter, and who fails to comply with the order of abatement served as provided in Section 1.16.080 of this chapter violates this code and is guilty of a misdemeanor.

B. Any person who removes any notice or order posted as required in this chapter, for the purposes of interfering with the enforcement of the provisions of this chapter, violates this code and is guilty of a misdemeanor.

C. Any person who obstructs, impedes or interferes with any representative of the City or with any person who owns, leases or occupies property when any of the aforementioned individuals are lawfully engaged in proceedings involving the abatement of a nuisance under this chapter violates this code and is guilty of a misdemeanor.

1.16.190 Grievance with final order—Appeal to City Council.

A. Whenever any person is aggrieved by any final order of the hearing officer issued pursuant to Section 1.16.110 or with an invoice for abatement received from the City pursuant to Section 1.16.150, such person may appeal to the City Council the issuance

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of the order by filing a written notice of appeal with the City Clerk no later than two days after the date of the hearing under Section 1.16.110 and paying any appeal fee established by resolution of the City Council.

B. The written notice of appeal must be filed with the City Clerk and state the grounds for the appeal and the specific factual and/or legal errors committed by the hearing officer in issuing its order.

C. The City Clerk must transmit one copy of said notice of appeal to the Community Development Director, or designee.

D. The Community Development Director, or designee, must transmit to the City Council, no later than 20 days after receiving a notice of appeal, and copies of all other papers constituting the record upon which the decision was taken, including, but not limited to, the minutes of all hearings thereon, a written report, prepared from the record upon which the final determination was made, stating the factual and legal basis on which the Director, or designee, reached his or her decision.

E. The City Council may affirm, reverse or modify, in whole or in part, any final determination, assessment, or order of the hearing officer, Director, or designee which is subject to an appeal pursuant to this section. After reviewing the proceedings relating to the decision appealed from, including, but not limited to, minutes of hearings, notice of appeal and the report of the Director, or designee, the City Council, by resolution, may affirm without further action the determination, assessment, or order appealed from.

F. Except as provided in Section 1.16.200, on the date a notice of appeal is filed under this section, all proceedings in furtherance of the determination or order appealed from must be stayed until the final determination by the City Council of the appeal.

G. All decisions of the hearing officer, Community Development Director, or the designee of either are final unless appealed within the time prescribed herein.

H. A hearing held pursuant to this section may be combined with the hearing allowed pursuant to Section 1.16.160.

1.16.200 Summary abatement.

A. Notwithstanding other provisions in this code, whenever the City Manager determines that an imminent life safety hazard exists that requires immediate correction or elimination, the City Manager may exercise the following powers without prior notice to the responsible person:

1. Order the immediate vacation of any tenants and prohibit occupancy until all repairs are completed;

2. Post the premises as unsafe, substandard or dangerous;

3. Board, fence or secure the building or site;

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4. Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public;

5. Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; or

6. Take any other action as appropriate under the circumstances.

B. The City Manager may pursue only the minimum level of correction or abatement necessary to eliminate the immediacy of the hazard. Costs incurred by the City during the summary abatement process will be assessed and recovered against the responsible person through the procedures established in Sections 1.16.150 through 1.16.170 of this chapter.

C. The City Manager is also authorized to pursue any administrative or judicial remedy to abate any remaining public nuisance.

1.16.210 Limitation on filing judicial action.

The responsible person aggrieved by any final decision of the City in ordering the abatement of any public nuisance under the provision of this chapter, must bring an action to appeal such decision within 30 days after the date of such decision of the City Council. Otherwise, all objections to such decision are deemed waived.

1.16.220 Alternatives.

A. Nothing in the foregoing sections prevent the City Council from ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein.

B. Nothing in the foregoing sections prevent the City from pursuing other enforcement options, including but not limited to those in Chapter 1.22.

B. In any action, administrative proceeding, or special proceeding to abate a public nuisance, the prevailing party is entitled to recover reasonable attorneys’ fees.

Notwithstanding the foregoing, recovery of attorneys’ fees is available only in those actions or proceedings in which the City elects, at the initiation of such action or proceeding, to seek recovery of its own attorneys’ fees, if it prevails in the action or proceeding. Prior to invoking such a right to recover attorneys’ fees, the City Attorney must obtain authorization from the City Manager. In no action, administrative proceeding, or special proceeding may an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding.

1.16.230 Confirmation of costs.

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The City may collect costs under the procedures provided for liens or special assessments in Sections 1.16.240 and 1.16.250 after such costs are confirmed under the procedures and requirements found in Sections 1.16.150 through 1.16.160.

1.16.240 Recovery as a lien.

A. To the extent permitted by law, the City may establish a lien in the amount of the fee, cost, or charge confirmed by the City in accordance with Section 1.16.230 against the real property where the violation occurred, unless the City has established an assessment for those same fees, costs, or charges pursuant to Section 1.16.250. If the real property where the violation occurred is not occupied by the owner, the lien amount may also include accrued fines and penalties.

B. Notice of Lien Prior to Recording. Prior to recording a lien, notice must be served on the owner of record based on the last equalized assessment roll or the supplemental roll, whichever is more current, in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record cannot be found after a diligent search, the notice may be served by posting copy of the notice in a conspicuous place on the property for a period of 10 days and publishing the notice in a newspaper of general circulation published in San Diego County pursuant to Government Code Section 6062.

C. Content of Notice. The notice of lien for recordation must be in a form substantially as follows:

NOTICE OF LIEN
(Claim of City of Imperial Beach)
Pursuant to the authority vested by the provisions of Section 1.16.140 of the City of Imperial Beach Municipal Code, the City of Imperial Beach did, on or about the _____ day of __________, 20_____, cause the premises hereinafter described, to be rehabilitated, or the building or structure of the property hereafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City of Imperial Beach, did on the _____ day of __________, 20_____, assess the cost of such rehabilitation, repair or demolition upon the real property hereinafter described and that said City of Imperial Beach does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $__________ and the same is a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Imperial Beach, County of San Diego, State of California, and particularly described as follows:
(Description)

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Assessor’s Parcel No. ________
Street Address: _____________
Name of owner of record: _____________
DATED: This _____ day of _________, 20____.
_________________________
City Clerk of the City of Imperial Beach, California
(ACKNOWLEDGMENT)

1.16.250 Recovery as a special assessment.

A. To the extent permitted by law, the City may establish an assessment in the amount of the fee, cost, or charge confirmed by the City in accordance with Section 1.16.230 against the real property where the violation occurred, unless the City has established a lien for those same fees, costs, or charges pursuant to Section 1.16.240. If the real property where the violation occurred is not occupied by the owner, the assessment amount may also include accrued fines and penalties.

B. Notice of Assessment. Prior to establishing an assessment, notice must be served on the owner of record based on the last equalized assessment roll or the supplemental roll, whichever is more current, in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record cannot be found after a diligent search, the notice may be served by posting copy of the notice in a conspicuous place on the property for a period of 10 days and publishing the notice in a newspaper of general circulation published in San Diego County pursuant to Government Code Section 6062.

1. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes are applicable to the special assessment.

2. If the identity of the owner of the real property can be determined, the City must send notice of the special assessment to the owner by certified mail at the time of imposing the assessment. Such notice will specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

The tax collector’s power of sale is not affected by the failure of the property owner to receive notice. Assessment of administrative fines as provided hereunder does not preclude assessment of other costs of abatement of any nuisance against the same property at a later date.

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3. If any real property against which the special assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement will not result in a lien against the real property but instead will be transferred to the unsecured roll for collection.

4. A sale of vacant residential developed property for which the payment of a special assessment imposed pursuant to this chapter is delinquent may be conducted, subject to the requirements applicable to the sale of property pursuant to Section 3691 of the Revenue and Taxation Code.

5. Notices or instruments relating to the special assessment are entitled to recordation.

1.16.260 Release of lien.

In the event a special assessment or lien is discharged, released, or satisfied, through payment, foreclosure or forgiveness, notice of the discharge containing the information specified below must be recorded by the City or be provided by the City to the responsible party to be recorded. The notice of discharge must specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the 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. The City Manager, or designee, is authorized to take all actions necessary to release a special assessment or lien that has been fully satisfied and charge the person requesting the lien or assessment release for any costs associated with releasing the lien or assessment.
 1.16.010 Maintenance of property—Nuisances.
 1.16.020 Authority to declare nuisance.
 1.16.030 Abatement required—Not exclusive procedure.
 1.16.040 Summary abatement.
 1.16.050 Remedies cumulative.
 1.16.060 Violations declared.
 1.16.070 Violation defined.
 1.16.080 Severability.

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 1.16.090 Judicial challenges.
 1.16.100 Preliminary determination.
 1.16.110 Notice of abatement.
 1.16.120 Posting and serving notice—Recipients and time.  1.16.130 Hearing by City Council.
 1.16.140 Decision by Council.
 1.16.150 Alternative decision.
 1.16.160 Notice of Council decision.
 1.16.170 Abatement by property owner.
 1.16.180 Abatement by City—Authority.
 1.16.190 Abatement by City—Cost.
 1.16.200 Cost report—Hearing.
 1.16.210 Costs—Recording.
 1.16.220 Assessment of costs—Lien.
 1.16.240 Administrative fee.

1.16.010 Maintenance of property—Nuisances.

The Council declares that its purpose in adopting this chapter is to establish a procedure for the abatement of municipal code violations. The procedures established in this section may be used in addition to any other legal remedy, criminal or civil, which may be pursued to address violations of this code. This chapter is also intended to be used as an alternative to existing nuisance abatement procedures established in other chapters of this code.

The City Council declares that a public nuisance exists when any condition caused, maintained, or permitted to exist in violation of any provision of this code obstructs, injures, or interferes with the reasonable or free use of property belonging to a neighborhood, community, or any considerable number of persons and poses a serious threat to the public’s health, safety, or welfare. A public nuisance may be summarily abated under this chapter.

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Any person owning, leasing, occupying, or controlling any premises in this City on which a public nuisance exists is responsible for the public nuisance. Each of the following conditions is a public nuisance:

A. Land, whether in a natural state or as a result of human activity, that causes runoff pollution, erosion, sinking, or a surface water drainage problem that is injurious or potentially injurious to the public health, safety, or welfare or to nearby properties; B. Buildings that are abandoned, partially destroyed, or unreasonably permitted to remain in a state of partial construction;
C. Buildings, walls, and other structures that have been damaged by fire, decay, or otherwise to such an extent that they cannot be repaired to conform with the requirements of the building code;
D. The failure to close, by means acceptable to the building official, all doorways, windows, and other openings into vacant structures;
E. Buildings with a major portion unpainted or infested with dry rot or termites; F. Broken windows that are hazardous and invite trespassers or malicious mischief; G. Overgrown vegetation that is likely to harbor rats, vermin, or other nuisances or to be detrimental to nearby property or property values;
H. Dead, decayed, diseased, or hazardous trees, weeds, or other vegetation that is unsightly, dangerous to public safety or welfare, detrimental to nearby property or property values, or reasonably deemed to be a fire hazard; I. Attractive nuisances that are dangerous to children, including, but not limited to, abandoned and broken equipment, ice boxes, refrigerators, and unprotected or hazardous pools, ponds, and excavations;
J. Junk that is stored in such a manner as to constitute a fire, health, or safety hazard;
K. Garbage that is stored in such a manner as to constitute a fire, health, or safety hazard;
L. Garbage that is stored in such a manner as to promote disease-causing organisms, vermin, or litter;
M. Garbage that is stored in containers that are not watertight, nonabsorbent, and puncture and tear-resistant;

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N. Trash and garbage containers that are stored in front or side yards and are visible from public streets;
O. Trash and garbage containers left at curbside in excess of 24 consecutive hours; P. Packing boxes, lumber, trash, dirt, and other debris that is stored outside commercial buildings and visible from public streets;
Q. Dirt, litter, or debris that is accumulated in entrances, doorways, or the adjoining sidewalks of commercial or industrial buildings;
R. Property maintained in such condition as to be detrimental to the public health, safety, or general welfare, to create a dangerous or substandard property or dangerous condition under Chapter 8.50, or to constitute a public nuisance as defined by Civil Code Section 3480;
S. Property that is so defective, unsightly, or deteriorated that it is detrimental to nearby property or property values;
T. Property that is so out of harmony with the maintenance standards of adjacent properties that it is detrimental to nearby property or property values; U. Property maintained in such a condition as to constitute visual blight. For purposes of this chapter, “visual blight” includes the storage of lumber, junk, trash, or debris; abandoned, discarded, or unused appliances, equipment, vehicles, cans, or containers; excavations; or any device, decoration, design, fence, structure, clothesline, or unsightly vegetation. For purposes of this chapter, there must be detriment to the property of others for a condition to constitute “visual blight”;
V. Property developed, as “development” is defined in Chapter 19.04, in violation of a development permit issued by the City;
W. Property developed, as “development” is defined in Chapter 19.04, without required permits;
X. Any condition caused, maintained, or permitted to exist in violation of any provision of this code. (Ord. 2003-1000 § 2; Ord. 98-934 § 1; Ord. 98-931 § 3)

1.16.020 Authority to declare nuisance.

A. All authorized personnel may determine whether a public nuisance exists on any private property and initiate abatement proceedings.

B. The City Council may declare the existence of a public nuisance and initiate abatement proceedings at any time. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

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1.16.030 Abatement required—Not exclusive procedure.

All public nuisances must be abated by rehabilitation, demolition, or repair, pursuant to the procedures in this chapter. The procedures in this chapter are not exclusive and do not in any manner limit or restrict the City from enforcing City ordinances or abating public nuisances in any other manner provided by law. (Ord. 2003-1000 § 2; Ord. 98- 931 § 3)

1.16.040 Summary abatement.

A. When the Council believes that a nuisance constitutes an immediate threat to the public’s health or safety, the nuisance may be summarily abated at the expense of the person creating, causing, committing, or maintaining it, or the owner of the property on which it is maintained, without notice or hearing.

B. Where appropriate, the provisions of the latest edition of the Uniform Housing Code governing summary abatement may be used to abate substandard buildings and recover the costs of the abatement. Violations of this chapter may be considered nuisances under those provisions. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.050 Remedies cumulative.

Except for the alternative procedures in this chapter, the remedies provided by this code are cumulative and do not preclude any other civil or criminal procedures or remedies.

Where violations of this code are declared to be criminal, the City Council may also order the City Attorney or other appropriate official to commence an appropriate criminal proceeding. Violators may be cited pursuant to Chapters 1.12 and 2.48 of this code, in addition to having their premises subjected to abatement procedures. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.060 Violations declared.

A. The owner or other person occupying or controlling any property on which a public nuisance exists, or who violates any order of abatement made pursuant to this chapter, is guilty of an infraction.

B. Any person who fails to vacate a building or structure in accordance with an order given under this chapter is guilty of an infraction.

C. Any person who removes any notice or order posted as required in this chapter is guilty of an infraction.

D. A person may not obstruct or interfere with any City representative or with any person who owns or holds any interest in a building which has been ordered to be

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vacated, repaired, rehabilitated, or demolished and removed, or with any person to whom any such building has been lawfully sold, whenever the representative, purchaser, or interested person is engaged in vacating, repairing, rehabilitating, or demolishing and removing the building pursuant to this chapter, including performing any necessary act incidental to the work.

E. The violations defined in this section are misdemeanors when they qualify by virtue of repetitiveness under Chapter 1.12. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.070 Violation defined.

For purposes of this chapter, every day that each violation exists is a separate offense. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.080 Severability.

If any portion of this chapter is held invalid facially or as applied, that portion will not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application. To this extent only, the provisions of this chapter are declared to be severable. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.090 Judicial challenges.

Any owner or other interested person having any objections or feeling aggrieved at any proceeding taken by the City Council in ordering the abatement of any public nuisance or in assessing the costs of abatement must bring an action to contest the decision within 30 days after the date the decision is made. All other objections are deemed to be waived. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.100 Preliminary determination.

Whenever the City Manager or the City Manager’s designee determines that any premises within the City may be maintained contrary to one or more of the provisions of this code, a notice must be given and a public hearing held by the City Council to ascertain whether a public nuisance exists. The abatement of public nuisances is appropriate under the police power of the City. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.110 Notice of abatement.

A. The notice of abatement must contain:

1. The name and address of the owner of the property;

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2. A legal description of the property and a description in general terms reasonably sufficient to identify the property;

3. A statement of the code provisions allegedly violated, including a description of the manner in which the alleged violation occurred and facts sufficient to place the property owner on notice of the circumstances constituting a nuisance;

4. The date by which the nuisance must be abated;

5. A description of the consequences of failure to abate, including, but not limited to, a recorded abatement notice against the property, abatement of the nuisance by the City at the owner’s expense, a property assessment, and a lien for abatement costs;

6. Either the date, time, and location, which has been set for a hearing by the City Council or a statement of a right to appeal to the City Council. Notices for the abatement of substandard property nuisances must contain an established hearing date. The determination of whether to set a hearing date or provide an appeal option to the property owner must be otherwise based upon the following factors:
a. The extent of intrusion upon private property to effect the abatement, b. The difficulty of the abatement,
c. The potential harm from delaying abatement;

7. Reference to this chapter.

B. The City Council establishes the period for compliance. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.120 Posting and serving notice—Recipients and time.

A. The notice of abatement must be served upon the following persons:

1. The persons creating, causing, committing, or maintaining the nuisance, if known;

2. The owners of the real property on which the nuisance exists. The owners will be determined according to the last equalized assessment roll;

3. Any residents or occupants of the property.

B. At least 10 days before the date of the hearing, a copy of the notice must be sent by certified or registered United States mail, enclosed in a sealed envelope, with postage fully prepaid.

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C. The notice must also be posted conspicuously in at least one location on the subject property at least 10 days prior to the date of the Council hearing.

D. Proof of posting and service of notice must be made by declaration, under penalty of perjury, and filed with the City Clerk prior to the Council hearing.

E. The failure of any person to receive notice does not affect the validity of the abatement proceedings. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.130 Hearing by City Council.

A. At the time stated in the notice, the City Council must hear and consider all relevant evidence, objections, and protests. The City Council will receive testimony from owners, witnesses, City personnel, and interested persons regarding the alleged public nuisance and the proposed rehabilitation, repair, or demolition of the premises. Any person desiring to be heard may address the Council. All witnesses are subject to crossexamination by the persons allegedly responsible for the nuisance. The Mayor must ensure that the testimony and cross-examination are germane and do not violate the decorum of the meeting. The Mayor has all powers granted by law to order the silencing or removal, if necessary, of all persons violating the requirements of germaneness and decorum.

B. The decision of the Council must be based on first-hand, personal observations and knowledge of the witnesses, including reports by City staff members or other public officials when the author of the report is available for cross-examination. Except as expressly provided in this section, the Council’s hearing is not bound by formal judicial rules of evidence or procedure.

C. The hearing may be continued from time to time. (Ord. 2003-1000 § 2; Ord. 98- 931 § 3)

1.16.140 Decision by Council.

At the conclusion of the hearing, the City Council must determine whether the premises constitutes a public nuisance. If the City Council finds that a public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, or repair the property, the City Council will adopt a resolution stating its findings and ordering the owner or other person controlling the premises to abate the nuisance in the manner and by the means specifically set forth in its resolution. The resolution must state the times within which the work must be commenced and completed, as well as a detailed list of needed corrections and abatement methods. The abatement period must be reasonable, taking into account the gravity and nature of the problems, the cost and difficulty of solution, and the responsible parties’ awareness of the hearing. The decisions and order of the City Council are final. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

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1.16.150 Alternative decision.

As an alternative to the provisions of this chapter, the Council may, at the conclusion of its hearing, direct the City Attorney to take action in any court of competent jurisdiction to abate the nuisance. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.160 Notice of Council decision.

A copy of the City Council’s resolution and a copy of this chapter must be served upon the same parties and posted on the property in the same manner as required in Section 1.16.120. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.170 Abatement by property owner.

A property owner may comply with the City Council’s resolution at his or her own expense, provided compliance is completed prior to the expiration of the abatement period. If the owner abates the public nuisance and complies with the resolution in full, then proceedings under this chapter will terminate. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.180 Abatement by City—Authority.

If a nuisance is not completely abated by the property owner within the designated abatement period, then the City Manager or the City Manager’s designee must cause the abatement to be completed by City forces or private contract. The City Manager or the City Manager’s designee is expressly authorized to enter the premises on which the nuisance exists for abatement purposes. Other City departments must cooperate fully and render reasonable assistance in abating a nuisance. (Ord. 2003-1000 § 2; Ord. 98- 931 § 3)

1.16.190 Abatement by City—Cost.

A. If the City or its contractor abates a nuisance, the City Manager, or the City Manager’s designee, must keep an account of the cost (including incidental expenses) of abating the nuisance on each separate lot or parcel where the work is done. The City Manager must submit an itemized report in writing to the City Council, showing the cost of abating, rehabilitating, demolishing, or repairing the premises, including any salvage value.

B. A copy of the cost report must be posted for at least five days upon the abated premises, together with a notice of the time when the report will be heard by the City Council for confirmation. The report and the notice of the Council’s hearing must also be served on the same parties and in the same manner as required in Section 1.16.120,

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except that notice need be sent only to those persons proposed to be charged for the work.

C. The City Council must set the matter for hearing, to determine the correctness and reasonableness of the costs.

D. Proof of posting and service must be made by declaration, under penalty of perjury, and filed with the City Clerk.

E. Because Council policy requires full cost recovery, the term “incidental expenses,” as used in this chapter, includes, but is not limited to, the actual expenses and costs of the City in preparing notices, specifications, and contracts, in inspecting the work, and in printing and mailing the required items. The term also includes all legal costs where applicable. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.200 Cost report—Hearing.

At the time and place specified in the notice, the City Council must hear and rule on the cost report and any objections or protests. The City Council may make revisions, corrections, or modifications to the report as it deems just, including deducting any amounts already paid by the property owner. The City Council must confirm the report, either as submitted or as revised. The decision of the City Council on all protests and objections is final and conclusive. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.210 Costs—Recording.

The City Manager or the City Manager’s designee must record with the County Recorder all notices and instruments relating to the abatement proceeding and any special assessment. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.220 Assessment of costs—Lien.

A. The cost for abating a nuisance, as confirmed by the City Council, is a special assessment against the lot or parcel of land to which it relates. Upon recording a notice of lien in the office of the County Recorder, the cost is a lien on the property for the amount of the assessment. The assessment will be collected at the same time and in the same manner as ordinary municipal taxes are collected and, in case of delinquency, is subject to the same penalties and procedures as provided for ordinary municipal taxes. All laws of the state applicable to the levy, collection, and enforcement of municipal assessments apply. The assessment is also a personal obligation of the property owner.

B. If any real property against which the cost of abatement has been assessed is sold, or if a bona fide lien attaches to the property prior to the date on which the first installment of the taxes would be delinquent, then the cost of abatement will not result in

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a lien against the real property. Instead, the cost of abatement will be transferred to the unsecured roll for collection.

C. After confirmation and recordation, a certified copy of the City Council’s decision must be sent to the tax division of the County Auditor and Controller’s office. It is the duty of the Auditor and Controller to add the amounts of the assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes. Thereafter, the amounts must be collected at the same time and in the same manner as ordinary municipal taxes are collected and, in case of delinquency, are subject to the same penalties and procedures as provided for ordinary municipal taxes. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.240 Administrative fee.

Any person who is responsible for a public nuisance may be charged an administrative fee to cover the costs incurred by the City in enforcing this chapter. The amount of the fee is set by the City Council. The fee will be included in the cost report submitted to the City Council under Section 1.16.200 and may be included in any lien assessed under Section 1.16.220.

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EXHIBIT “C”

1.22.030 Issuance of administrative citation.

A. Any person who violates any provision of the Imperial Beach Municipal Code or regulation of the City, any condition of approval of a permit or entitlement, any condition of an environmental review, or any term or condition of any agreement with the City made pursuant to the police power may be issued an administrative citation by an enforcement officer as provided in this chapter. A violation of this code includes, but is not limited to, all violations of the municipal code and the failure to comply with any condition imposed by any entitlement, permit, City agreement or environmental review issued or approved pursuant to this code.

B. Each and every day that a violation of the municipal code exists constitutes a separate and distinct offense. A separate citation may be issued for each day a violation occurs.

C. A civil fine shall be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the City of Imperial Beach.

D. Fines shall be assessed in the amounts specified by resolution of the City Council, or as follows where no amount is otherwise specified:

1. A fine not exceeding $100.00 for a first violation;

2. A fine not exceeding $200.00 for a second violation of the same ordinance or permit within an 18-month period from the date of the first violation;

3. A fine not exceeding $500.00 for the third violation of the same ordinance or permit within an 18-month period from the date of the first violation;

4. A fine not exceeding $1,000.00 for each additional violation of the same ordinance or permit within an 18-month period from the date of the first violation.

E. A second or subsequent violation need only be of the same ordinance, term, or condition to require the larger fine, and need not involve the same personnel or property, provided that the same responsible person is cited. The fine amounts shall be cumulative where multiple citations are issued.

F. If the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to life, health, or safety of persons or property, then the responsible person shall be issued a warning only on the first violation. The warning will advise the responsible person of the nature of the violation and the date upon which the violation shall be corrected. The responsible person will be given a reasonable period of time to correct the violations, and the time provided to correct the violation will depend on the nature and extent of work required. If

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the violation is not corrected within that time period, an administrative citation with a fine shall be issued.

G. Cost Recovery, Generally. Any person who violates any provision of the municipal code, any condition of approval of a permit or entitlement, any condition or provision of an environmental review, or any term or condition of any City agreement is liable for all costs incurred by the City to investigate, remedy, and prosecute such violation, including, but not limited to, the cost to compile the invoice and attorneys’ fees. The City will maintain an accurate accounting of its costs and may recover such costs in accordance with the procedures outlined in Section 1.16.230 of this code after proceeding through the invoice and hearing procedures found in Sections 1.16.150 through 1.16.160.

1.22.165 Issuance of notice of violation.

In addition to, or in the alternative to, issuing an administrative citation, the City Manager or enforcement officer is authorized to serve a notice of violation upon a responsible person in response to any violation of the Imperial Beach Municipal Code or regulation of the City, any condition of approval of a permit or entitlement, any condition of an environmental review, or any term or condition of any agreement with the City made pursuant to the police power, or any order by or on behalf of the City or by a Hearing Officer. The notice of violation shall include the following information:

1. The name and address of the responsible person;

2. Date, approximate time, and address or definite description of the location where the violation(s) was observed;

3. The code sections or conditions violated and a description of the violation(s);

4. A description of corrective actions needed to bring the property into compliance;

5. A reasonable deadline for completion of the corrective actions needed to bring the property into compliance;

6. The City Manager or enforcement officer may extend the deadline to complete the corrective action for a reasonable period beyond those limits in the discretion of the City Manager or enforcement officer;

7. The consequences that may occur for failure to bring the property into compliance within the deadline provided in the notice including, but not limited to, any other remedy available under the municipal code, administrative citations, administrative hearing, recordation of notices of violation, civil or criminal action, and nuisance abatement as set forth in Chapter 1.16.

8. A notice of violation may be recorded only if the following conditions are met:

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a. The violation(s) have remained uncorrected on the property for at least 30 days following service of the notice of violation;
b. The owner, if not the responsible person, has been notified of the possibility of recordation and has been afforded the opportunity to correct the violation(s); and
c. The property owner and responsible person have been noticed and offered a hearing before a Hearing Officer as described in this Chapter 1.22 or, as an alternative if the violation constitutes a nuisance, the nuisance abatement hearing procedures set forth in Chapter 1.16, to contest the notice of violation, proposed corrective action, and proposed recordation.

9. The City Manager or enforcement officer is authorized to record the notice of violation pursuant to this section if (a) the violation continues to exist and (b) there is no timely hearing requested, or at the conclusion of any hearing, should the city prevail.

10. The City Manager, or designee, shall issue to the property owner and responsible person a signed notice of compliance which states on its face that it cancels the notice of violation once all violations have been corrected and any administrative penalties, costs and fines involved in the enforcement process have been paid. The notice of compliance shall be recorded by the City Manager, or designee, if the notice of violation was recorded.

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June 7, 2023
ITEM TITLE: CONSIDERATION OF RESOLUTION NO. 2023-48 APPROVING AN ANNUAL

PROCLAMATION IN THE MONTH OF JUNE IN RECOGNITION OF PRIDE MONTH AND THE LGBTQIA+ COMMUNITY. (0410-30)
ORIGINATING DEPARTMENT:

Mayor
EXECUTIVE SUMMARY:

The City of Imperial Beach recognizes the importance of equality and freedom of all. In addition to raising the PRIDE flag every year in the month of June per Resolution 2022-36, at the request of the Mayor, the City Council shall implement an annual proclamation at the first regular City Council meeting in the month of June in recognition of PRIDE month and the LGBTQIA+ community. The City Council supports the LGBTQIA+ community and strives to provide a safe and welcoming place for all families, friends and loved ones.

RECOMMENDATION:

To approve resolution number 2023-48 approving the execution of an annual proclamation at the first regular City Council meeting in the month of June by the City Council recognizing PRIDE month and the LGBTQIA+ community.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

ATTACHMENTS:

ATT 1 - Resolution 2023-48 - Annual LGBTQIA+ and PRIDE Proclamation_DRAFT

Attachment 1
RESOLUTION NO. 2023-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA,

APPROVING THE EXECUTION OF AN ANNUAL PROCLAMATION AT THE FIRST REGULAR

CITY COUNCIL MEETING IN THE MONTH OF JUNE BY THE CITY COUNCIL RECOGNIZING PRIDE MONTH AND THE LGBTQIA+ COMMUNITY
WHEREAS, the City of Imperial Beach cherishes the value and dignity of each person and appreciates the importance of equality and freedom; and WHEREAS, all are welcome in the City of Imperial Beach to live, work, play, and every family, in any shape, deserves a place to call home where they are safe, happy, and supported by friends and neighbors; and
WHEREAS, the City of Imperial Beach denounces prejudice and unfair discrimination based on age, gender identity, gender expression, race, color, religion, marital status, national origin, sexual orientation, or physical attributes as an affront to our fundamental principles; and WHEREAS, the City of Imperial Beach recognizes the cultural, civic, and economic contributions of Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Intersex, Asexual or Aromantic, and others (LGBTQIA+) community which strengthen our social welfare; and WHEREAS, it is imperative that young people in our community, regardless of sexual orientation, gender identity, and expression, feel valued, safe, empowered, and supported by their peers and community leaders; and
WHEREAS, the City of Imperial Beach stands united against those who threaten the safety of our LGBTQIA+ community members and unequivocally condemns any hate speech, hate violence, or any kind of aggression or discrimination against them; and WHEREAS, the City Council of Imperial Beach is proud to support, uplift the unheard voices and proclaim to our LGBTQIA+ community their right to exist, to be equal under the law, and to pursue happiness; and
WHEREAS, numerous and diverse community groups, residents, and allies wish to engage in activities that support the understanding, uplifting, and affirmation of the LGBTQIA+ community.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach, California from this day forward, to execute an annual proclamation at the first regular City Council meeting in the month of June by the City Council to commemorate the City’s support and affirmation of PRIDE month and our LGBTQIA+ community.

Section 1
The recitals in the preamble of this resolution are deemed to be true and incorporated into this resolution.

Section 2
The City Council shall execute a proclamation annually at the first regular City Council meeting in the month of June in acknowledgement and recognition of PRIDE month and the LGBTQIA+ community.

Resolution No. 2023-48

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 7
th day of June 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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June 7, 2023
ITEM TITLE: ADOPTION OF RESOLUTION NO. 2023-46 AUTHORIZING AN AGREEMENT

BETWEEN CITY OF CHULA VISTA AND THE CITY OF IMPERIAL BEACH FOR THE PURPOSE OF PROVIDING ANIMAL CARE AND ANIMAL CONTROL SERVICES. (0200-50) ORIGINATING DEPARTMENT:

City Manager
EXECUTIVE SUMMARY:

Animal control and care services are specialized services that the city does not provide with its own employees or resources. Staff research confirms that since the 1990’s, the City of Imperial Beach has contracted with various agencies for animal care and shelter services. Resolution No. 2023-46 would authorize the City Manager or designee to enter into an agreement with the City of Chula Vista to provide animal care and animal control services in Imperial Beach. The agreement includes animal care services such as shelter and licensing and animal control of 40 hours a week, from Friday through Sunday with after-hours availability. The city will have has the ability to modify the hours based on community needs. The City of Chula Vista is working on providing a dedicated officer to Imperial Beach by the second year of the contract. Additional collaborations with the City of Chula Vista include the possibility of implementing a safe off-leash dog beach after collaborating with appropriate federal agencies and conducting community outreach, training staff, hold spay/neuter, microchip and vaccine events. The City of Chula Vista has been providing services to the City of Imperial Beach intermittently since 1992 and currently partners with the City of National City and Lemon Grove.

RECOMMENDATION:

Staff recommends that the City Council approve Resolution No. 2023-46 authorizing the City Manager or designee to execute an agreement between the City of Chula Vista and the City of Imperial Beach for the purpose of providing animal care and animal control services in Imperial Beach.

OPTIONS:
● Approve Resolution No. 2023-46 authorizing the City Manager or designee to execute an agreement between the City of Chula Vista and the City of Imperial Beach for the purpose of providing animal care and animal control services.
● Request additional information and bring back the item at the next regular City Council meeting.
● Deny Resolution No. 2023-46.

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BACKGROUND/ANALYSIS:

Animal control and care services are specialized services that the city does not provide with its own employees or resources. Staff research confirms that since the 1990’s, the City of Imperial Beach has contracted with various agencies for animal care and shelter services. Over the last few decades, staff have repeatedly researched alternative animal care providers serving surrounding communities including their ability to provide services to Imperial Beach. Over the years Imperial Beach has partnered with agencies such as the City of Chula Vista since 1992- 1996, then from 1999-2017, County of San Diego from 1997 - 1999, and recently the San Diego Humane Society from 2017 to current. It’s not uncommon for the City to contract with agencies that provide greater service at competitive costs while improving overall customer satisfaction.

Per the agreement with San Diego Humane Society, the city provided proper notice to the agency of its intent to terminate the agreement without cause. Both parties also followed up with a meeting to discuss the notice. The city expressed appreciation for their partnership and the opportunity to work together. The agreement and services are expected to end June 30, 2023.

The City’s current contract with San Diego Humane Society (SDHS) was scheduled to expire June 30, 2025, for a total cost of $398,208 a year in FY25; $373,896 as of July 1, 2023 (FY24).

The City of Chula Vista submitted a proposal for consideration for a three (3) year agreement commencing July 1, 2023, for a total of $377,681 year 1 (FY24), $3,785 more than SDHS in year 1, however that includes a vehicle, then the cost reduces to $299,118 in year 2 (FY25), a savings of $99,090 with the option of a dedicated officer for Imperial Beach. It’s anticipated that the cost for year 3 will either increase by 5% ($314,074) or reduce depending on the number of animals taken into shelter per year. The City of Chula Vista utilizes an annual formula based on the number of shelter intakes performed in Imperial Beach, therefore if the intake reduces, the cost to the city reduces.

The agreement includes shelter, animal control services, licensing, and field services for 40 hours a week, Friday through Sunday, with after-hours availability. These hours may change based on community needs. Additional collaborations with the City of Chula Vista include the possibility of assisting city staff implementing a safe off-leash dog beach after outreach is conducted with federal agencies and residents; training lifeguards, park rangers, and other staff; hold spay/neuter, microchip and vaccine events which are most grant funded.

The Chula Vista Animal Shelter is under new management by John Skeel, Director of Animal Services. They are hiring more staff including another dispatcher and officers. City staff have toured the facility which is just minutes away from Imperial Beach residents providing convenient and centralized services. The City of Chula Vista is considering expanding their shelter to allow for more capacity.

The City of Chula Vista City Council unanimously voted on the agreement between the City of Chula Vista and the City of Imperial Beach for animal care and animal control during their Tuesday, May 23, 2023, regular City Council meeting. The agreement being considered will be effective July 1, 2023. Staff will work with City of Chula Vista staff to update signage and Imperial Beach Municipal Code language to be consistent with the services being provided by the City of Chula Vista.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

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FISCAL IMPACT: Resolution No. 2023-46 will result in a cost of $377,681 in FY24. A slight increase of $3,785 from FY23, however the agreement with the City of Chula Vista includes the purchase and fitting of an animal control vehicle. The cost would be reduced to $299,118 FY25, a savings of $99,090 with the option of a dedicated officer for Imperial Beach. The cost of both years has been accounted for in the recently adopted FY24/25 Municipal Budget.

ATTACHMENTS:

ATT 1 – Resolution No. 2023-46
ATT 2 – Agreement with City of Chula Vista

ATTACHMENT 1
RESOLUTION NO. 2023-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA,

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO AN AGREEMENT

WITH THE CITY OF CHULA VISTA TO PROVIDE ANIMAL CARE AND ANIMAL CONTROL

SERVICES
WHEREAS, animal control and care services are specialized services that the City does not provide with its own employees or resources; and
WHEREAS, staff research confirms that since the 1990’s, the City of Imperial Beach has contracted with various agencies for animal care and shelter services; and WHEREAS, over the last decades, staff have repeatedly researched alternative animal care providers serving surrounding communities including their ability to provide services to Imperial Beach; and
WHEREAS, it’s not uncommon for the City to contract with agencies that provide greater service at competitive costs while improving overall customer satisfaction; and WHEREAS, the City provided proper notice to San Diego Humane Society of its intent to terminate the agreement without cause; and
WHEREAS, the City of Chula Vista submitted a proposal for consideration for a three (3) year agreement commencing July 1, 2023.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:

1. The City Manager or designee is authorized to enter into an agreement with the City of Chula Vista for animal care and animal control services effective July 1, 2023 for a three (3) year agreement.

2. The cost of the agreement for FY24 is anticipated at $377,681 with the City of Chula Vista purchasing and fitting the animal control vehicle. The cost for FY25 is anticipated at $299,118 with the option of a dedicated officer for Imperial Beach.

3. The adopted FY24/25 & FY25/26 Municipal Budget accounts for these expenditures.

4. The Finance Director is authorized to process and pay any invoices due to the City of Chula Vista as required per the agreement.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 7th day of June 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

Animal Control Services Agreement

AGREEMENT BETWEEN CITY OF CHULA VISTA AND

CITY OF IMPERIAL BEACH TO

PROVIDE ANIMAL CARE AND ANIMAL CONTROL SERVICES
This agreement (“Agreement”), effective July 1, 2023, is between the City of Chula Vista, (“City”), a chartered municipal corporation of the State of California, and the City of Imperial Beach (“Imperial Beach”), a municipal corporation of the State of California. The City and Imperial Beach may each be referred to herein individually as a “Party” and collectively as “Parties.” This Agreement is made with reference to the following facts:

RECITALS
WHEREAS, City owns and operates an animal care facility, located at 130 Beyer Way, Chula Vista, California and provides a full range of animal control services to the citizens of Chula Vista; and,
WHEREAS, Imperial Beach desires to enter into an agreement with City, whereby City will provide animal shelter and animal control services for the impounding, adoption, redemption, and the care and disposition of dogs, cats, and other small animals; and
WHEREAS, City has the authority to enter into contracts with other agencies to provide such services.

NOW, THEREFORE, in consideration of their mutual promises, and other good and valuable consideration, the Parties hereto do hereby agree as follows:

ARTICLE I. TERM

1.1 Term. This Agreement shall commence on July 1, 2023 and shall terminate on June 30, 2025.
(A) Options to Extend. Notwithstanding the term set forth above, the Parties have the option to extend, upon mutual agreement, this Agreement for three additional terms, defined as a one-year increment. The City Manager of Chula Vista, in the City Manager’s sole discretion, shall be authorized to exercise the extensions on behalf of the City of Chula Vista. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided the amounts specified in Section 4.1 below may be increased as described in Section 4.1(B) below. The City Manager of Imperial Beach is authorized to execute any extensions on behalf of the City of Imperial Beach.
(B) Notice. Imperial Beach shall provide written notice to City at least sixty (60) calendar days, but no more than ninety (90) calendar days, prior to the ATTACHMENT 2

Animal Control Services Agreement

expiration of the term of this Agreement expressing its intent to exercise an option to extend this Agreement.

ARTICLE II. SCOPE OF SERVICES

2.1 General Services. City shall provide general animal control, shelter, and related administrative services to the residents of Imperial Beach to the extent and in the manner set forth herein.
(A) Field Services. City shall provide the “Field Services” in the type and manner provided for below.
(1) Officer. City shall provide a uniformed Animal Control Officer (“Officer”) to patrol Imperial Beach in the manner and to the extent that City deems appropriate, unless a specific request is made by Imperial Beach, in which case such request shall be a priority.
(a) Regular Hours. The Officer shall conduct patrols three (3) days per week, Friday through Sunday, not to exceed 24 hours per week. (b) Standby Hours. The Officer shall be available on a stand by basis for 16 hours per week, Monday through Thursday.
(c) The total combined regular and standby hours shall not exceed 40 hours per week. Any hours over 40 will be charged as overtime hours.
(d) Overtime Hours. City will respond to the best of its ability to reported emergencies occurring prior to or after the patrol and standby hours identified above in Section 2.1(A)(1)(a) and (b). Imperial Beach shall pay for any and all costs associated with such overtime emergency responses in the manner set forth in Section 4.1(A)(2). (2) Scope of Field Services. Except as provided in Article III, Field Services shall include emergency transportation of injured or sick animals, the issuance of citations for violations of state and local laws and ordinances, impounding of strays, investigation of biting incidents, vicious or dangerous animals complaints, trapping of animals, investigating humane complaints, investigating barking dog or animal noise complaints, picking up dead animals, and educating the public about pet responsibility.
(3) Responses to Requests for Service. All requests for service will be handled in a reasonable time and manner and based on the priority system set forth below (see Priority Response Chart and Guidelines).

Animal Control Services Agreement

(a) Priority Response Chart.

Type of Service In Progress Not in Progress
Dangerous Animal Threatening Human 1 3
Possible Rabid/Biter Animal at Large 1 3
Major Injury to Animal 1 3
Cruelty to Animal 1 3
Animal Inside Vehicle 1 3
Fighting Animals 1 3
Dog Harassing Livestock 1 3
Sick or Minor Injury to Animal 2 3
Animal Welfare Investigation 2 3
Quarantine Biter Animal 3 N/A
Confined Stay Animal 3 N/A
Field Relinquished Animal 3 N/A
Dog Running at Large 3* 4*
Wild Life N/A N/A
(b) Priority Level Response Guidelines
Level 1 First priority, Officer will respond ASAP*
Level 2 Second priority, Officer will make every effort to respond within 12 hours of receipt
Level 3 Third priority, Officer will make every effort to respond within 24 hours of receipt
Level 4 Fourth priority, Officer will make every effort to respond within 72 hours of receipt
*During normal business hours an Officer will respond ASAP (4) Additional Field Services. City shall conduct the following additional field services as requested.
(a) Special Enforcement. City will conduct special enforcement animal control patrols as needed or as requested by Imperial Beach, provided there are no conflicts with the City's needs. This will include special animal control patrol hours, sweeps and enforcement. All overtime costs for special enforcement patrols will be paid in the amount and manner set forth by Section 4.1(A)(2). (b) Special Events. City will provide Animal Control personnel for scheduled special events as requested, provided there are no conflicts with City's needs. These events will be performed on an

Animal Control Services Agreement

overtime full recovery basis and all overtime full recovery costs for special events will be paid by Imperial Beach.
(5) Livestock. Livestock will be removed under contract with a separate agency chosen by the City. The contracting agency will be capable of removing livestock and will provide its own equipment and personnel.

Actual trailering, board and other fees related to livestock will be paid by Imperial Beach.
(B) Shelter Services. City shall provide the shelter services to the residents of Imperial Beach in the manner and type described below:
(1) Shelter Location. Shelter Services shall be provided at the facility located in the City of Chula Vista at 130 Beyer Way (“Facility”). (2) Hours of Operation. The Facility hours are currently 10:00am to 5:00pm, Tuesday through Friday, and 10:00am to 4:00pm on Saturday.

The Facility will be closed on Sunday, Monday, and all major holidays. (a) Changes in Hours of Operation. City shall notify Imperial Beach of changes to Facility hours as soon as practicable in advance of such changes.
(3) Scope of Shelter Services.
(a) General. City shall accept animals to the Facility that are not microchipped, or that have medical or behavioral issues, whether microchipped or not. Imperial Beach shall house at its own facility in Imperial Beach all animals that are microchipped and do not have medical or behavioral issues. Exceptions may be made upon mutual, written agreement of the Parties.
(b) Strays. City shall accept strays at no charge to the Imperial Beach residents.
(c) Relinquishing Animals. Imperial Beach residents may relinquish owned animals to the Facility for euthanasia or adoption as space allows. There is a fee to the customer for the service. (d) Redeeming Animals. Imperial Beach residents may redeem animals from the Facility.
(e) Holding. City agrees to hold all dogs and cats for the minimum holding period required by the California Food and Agricultural Code and other applicable state law. As per applicable state code sections, animals with communicable diseases and severe injuries

Animal Control Services Agreement

or illness may be euthanized prior to the expiration of the normal holding period. Veterinary medical care will be provided as needed for all impounded animals for the duration of their hold period as needed. City will attempt to notify owners of identified animals that their animal is in the custody of the Facility and advise them of the holding period. Imperial Beach shall relinquish to City for disposition in accordance with all applicable laws, policies or procedures as deemed appropriate by the City Animal Care Facility Administrator all animals held in the Facility and not claimed or adopted. Upon payment of all appropriate fees, City will release to the legal owner, any impounded domestic animal. City will have discretion without recourse to Imperial Beach to release animals under special circumstances regardless of payment of fees.
(i) No Medical Research. City will not sell or give any live animal to a medical research facility at any time or from any
jurisdiction.
(e) Spaying and Neutering. City will ensure all dogs, cats and rabbits adopted from the shelter are spayed or neutered at the time of adoption. Additionally, the Facility will provide the public with low-cost spay/neuter information and assistance. This service is made possible through grants and donations as available.
(f) Spay and Neuter Clinics. City will provide staff and a Spay Neuter vehicle for Spay and Neuter clinics, provided there are no conflicts with city needs.
(g) Licensing. City will provide dog and/or cat licensing to Imperial Beach residents through DocuPet.
(h) Special Events. The City shall hold one special event per quarter in Imperial Beach, either a Health Clinic or a Microchip/Vaccine event.

Such special events shall be grant funded or reimbursed at the fee listed in Section 4.1(D). City will provide staff for special events provided there are no conflicts with city needs.
(i) Administrative Hearings. City is authorized by Imperial Beach and will conduct all impound and administrative hearings as required by law, including Imperial Beach’s Municipal Code. Imperial Beach will provide a hearing officer if City is unable to provide one due to conflicts of interest or prejudice or if the Imperial Beach Municipal Code specifies the hearing officer will be an officer from Imperial Beach. The fees per Hearing are listed in Section 4.1(E).

Animal Control Services Agreement

(g) Maintenance of Facility. City shall maintain its Facility in a humane manner and shall keep its Facility in a sanitary condition at all times.

All services furnished by City shall be provided in accordance with local laws and the laws of the State of California. City shall use humane methods in the care, euthanizing, and disposition of any animal coming under its jurisdiction.
(C) Administrative Services. City shall provide the following administrative services.
(1) Meetings. City will provide a representative to attend any Imperial Beach meetings that involve animal control issues upon request and with reasonable notice.
(2) Meet and Confer. A City representative will meet and confer in good faith with an Imperial Beach administrator over operational issues associated with the administration of this Agreement.
(3) Reports. City will provide monthly reports to Imperial Beach. These reports will include the number of impounds, redemptions, euthanizations, service responses, and adoptions.
(4) Notification. City shall establish a notification policy for its officers with the assistance of Imperial Beach officials. The policy shall identify the types of incidents for which City Animal Control will be required to notify designated Imperial Beach officials. Notification shall include the nature, circumstances, and status of the incident. City will also provide, if requested, copies of all supporting documents and information involving the incident. Imperial Beach will provide a list of its designated city officials to City and the recommended methods to contact the designated individuals.
(5) Testimony. When requested by Imperial Beach, and at no additional cost, City shall make its employees and/or other percipient witness under its control, available for any challenge stemming from the services provided herein (including but not limited to Municipal Code citations) as needed to testify in a court of law, administrative or other proceeding.

This duty shall survive the termination of this Agreement.

ARTICLE III. EXCLUDED SERVICES

3.1 Excluded Services. The following services are not included in the Scope of Services covered under this Agreement
(A) Indigenous Animals. City will not trap skunks, opossums, or other indigenous small animals for the purpose of nuisance control. Wildlife will only be

Animal Control Services Agreement

handled for purposes of public safety or for humane reasons. Cat traps will be provided and monitored by City. Only dangerous snakes will be removed from private property.
(B) Dead and Injured Animals. Dead animals on private property are the responsibility of the property owner. Sick or injured animals are the responsibility of the animal owner.

ARTICLE IV. IMPERIAL BEACH OBLIGATIONS

4.1 Payment. For the provision of services described herein, Imperial Beach shall pay the City the following in the amount and manner set forth herein. (A) Monthly Payments. Commencing on July 1, 2023, Imperial Beach agrees to pay City $31,474 per month for FY 2023/2024 (July 1, 2023- June 30, 2024).

Commencing on July 1, 2024, Imperial Beach agrees to pay City $24,927 per month for FY 2024/2025 (July 1, 2024 – June 30, 2025).
(1) Invoices and Payment Date. The City Finance Office intends to submit a quarterly billing invoice to Imperial Beach on or before the 15th day of the month following the billing period. The billed invoice amount shall be due and payable to City within thirty (30) calendar days of the invoice date.
(2) Overtime for Animal Control Officers. Overtime costs for Animal Control Officers accrued in response to reported emergencies occurring prior to or after regular patrol or standby hours will be billed on a monthly basis in addition to the regular billing identified in section 4.1 (A). The overtime rate is $60.00 per hour with a minimum of two hours of overtime plus a call back rate of $50 per response.
(3) Redemption Fees. Monthly payments shall be reduced by any Redemption Fees (fees paid by owners if a pet is redeemed) collected under this agreement.
(4) Late Payments. A penalty of five percent (5%) will be assessed on late payments. Additionally, a one and one half (1½%) finance charge per month will be assessed on the original delinquent amount. (B) Pricing of Contract Extensions. Pricing for contract extensions for each subsequent fiscal year beyond June 30, 2025 shall be based on an average of Animal Intakes from the preceding year and the estimated cost for Animal Control Services in the coming year.

Animal Control Services Agreement

(1) No later than April 30 each year, the City will notify Imperial Beach of the actual Animal Intakes for the preceding year, and the proposed contract pricing for the upcoming fiscal year.
(2) If Imperial Beach desires to execute an option to extend, it shall notify City in writing no later than May 31 of each year that it accepts the proposed contract pricing for the upcoming fiscal year and, thereby, intends to execute an option to extend the contract for an additional one (1) year term.
(C) Cat and Dog Spay/Neuter Clinics. As long as the Facility receives grants and donations for monthly low cost spay/neuter clinics, this service will be provided at no cost to Imperial Beach. If grants/donations do not cover monthly clinics Imperial Beach will pay $1,500 per clinic up to 4 clinics per year.
(D) Special Events. As long as the Facility receives grants and donations to cover special events, such events will be provided at no cost to Imperial Beach. If grants/donations do not cover quarterly special events, Imperial Beach will pay up to $2,500 per quarterly special event.
(E) Administrative Hearings. Imperial Beach will pay $500 per hearing if City provides the Hearing Officer and $300 per hearing if Imperial Beach provides the Hearing Officer.

4.2 Vehicles and Supplies. City shall provide a vehicle and supplies when responding to an animal control service call. The City shall be the legal and registered owner of the vehicle. City shall maintain ownership and title of the vehicle during the term of the Agreement, including all extensions, and after completion of the Agreement.

4.3 Support Services.
(A) Provision of Data. Imperial Beach shall provide City with a current listing of all animal licenses issued, including permits or licenses for dogs, cats, dangerous dogs or animals, exotic animals, kennels, pet shops, ranches or farms, dog shows, obedience trials and circuses.
(B) Notice of Scheduled Meetings. Imperial Beach shall notify City at least 72 hours in advance of any animal-related issues, which are anticipated to be scheduled on an agenda for the City Council or any legislative or administrative body of Imperial Beach when City employees will be required to appear.

Animal Control Services Agreement

(C) Police Services. Imperial Beach shall provide all law enforcement services necessary to carry out its duties including law enforcement backup upon request of a City Animal Control Officer.
(D) Weapons. Imperial Beach shall permit City Animal Control Officers to carry and use tasers and tranquilizer guns within the Imperial Beach city limits while on duty in their animal control uniform
(E) Legal Representation. Imperial Beach will provide legal representation in cases of public nuisance, dangerous and potentially dangerous animal cases, and for lawsuits, claims, or litigation pertaining to these cases.

ARTICLE V. FEES

5.1 Fees Charged Imperial Beach Residents. Imperial Beach residents shall be required to pay fees for certain services provided for Animal Care and Control. (A) Relinquishment and Redemption. Fees will be charged in accordance with City's master fee schedule unless otherwise agreed to separately with Imperial Beach.

5.2 Fee Updates. On occasion, City may be required to update fees to account for increased costs. As new fees are adopted, for the purpose of this Agreement, such fees shall replace those currently in effect. Imperial Beach shall be notified by City prior to any increase in fees to Imperial Beach residents.

ARTICLE VI. INDEMNITY

6.1 Imperial Beach to Indemnify. Imperial Beach shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, employees, agents, and volunteers, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons in any manner arising out of, related to, or in connection with the destruction of any animal delivered to and accepted by the Facility. In addition, this indemnity provision shall cover any alleged acts, omissions, negligence, or willful misconduct of Imperial Beach, its officials, officers, employees, agents, and volunteers. This indemnity provision, however, does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees, agents, and volunteers.

6.2 City Duty to Indemnify. City shall indemnify and hold Imperial Beach, its elected officials, employees, officers, agents and representatives harmless for any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the City, or its employees, agents, and officers, arising out of any services performed under this Agreement. City’s duty to defend and

Animal Control Services Agreement

indemnify shall not extend to any claims or liabilities arising from the sole negligence or sole willful misconduct of Imperial Beach, its agents, officers or employees.

6.3 Costs of Defense and Award. Included in the obligations in Sections 6.1 and 6.2, above, is the Indemnitor’s obligation to defend, at Indemnitor’s own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the Indemnitee, its directors, officials, officers, employees, agents and/or volunteers. Indemnitor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitee, its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith.

6.4 Insurance Proceeds. Indemnitor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Indemnitee, its directors, officials, officers, employees, agents, and/or volunteers.

6.5 Enforcement Costs. Indemnitor shall pay any and all costs Indemnitee incurs enforcing the indemnity and defense provisions set forth in Article VI.

6.6 Survival. Indemnitor’s obligations under Article VI shall survive the termination of this Agreement.

ARTICLE VII. FORCE MAJEURE

7.1 Definition. An Event of Force Majeure means an occurrence beyond the control and without the fault or negligence of a Party, including but not limited to unusually severe weather, flood, earthquake, fire, lightning, and other natural catastrophes, acts of God or the public enemy, war, terrorist act, riot, insurrection, civil disturbance or disobedience, strike, labor dispute, road impediments, expropriation or confiscation of facilities, changes of applicable law, laws or orders related to pandemics, such as COVID-19, or sabotage of facilities, so long as such Party makes good faith and reasonable efforts to remedy the delays or failures in performance caused thereby.

7.2 Force Majeure. City shall be excused for any delay or failure to perform its duties and obligations under this Agreement to the extent that such failure or delay is caused by an Event of Force Majeure as set forth in section 7.1. Delay or failure in performance by a Party which is the result of an Event of Force Majeure set forth in section 7.1 shall be deemed excused for a period no longer than the delay or failure in performance caused by such Event.

City reserves the right, at its sole discretion, to temporarily suspend, change and resume the type and frequency of services provided to comply with Federal, State, County and City laws or orders in response to an Event of Force Majeure.

Examples of changed or limited services include but are not limited to closing the

Animal Control Services Agreement

shelter to the public or offering essential services by appointment only, such as identifying a lost pet, and suspending in-person services such as vaccinations, licensing, owner surrenders, microchipping, trap rental, and spay-neuter services.

Resources and staffing allowing, City will make reasonable efforts to educate the public of service changes through its webpage and social media platforms, as well as to provide services such as adoptions and licensing through its website or by email.

7.3 Notice. City shall give written notice to Imperial Beach as soon after becoming aware of the delay or failure in performance caused by an Event of Force Majeure as is reasonably possible, but in any event within five (5) working days after City becomes aware of such delay or failure.

7.4 No Adjustments. No Event of Force Majeure shall be a basis for monetary adjustment to amounts payable under this Agreement.

ARTICLE VIII. TERMINATION OF AGREEMENT

8.1 Termination for Convenience. Either Party may terminate this Agreement at any time and for any reason, by giving specific written notice of such termination and specifying the effective date thereof at least ninety (90) days before the effective date of such termination. If the Agreement is terminated by Imperial Beach as provided for in this paragraph, City shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination.

8.2 Termination for Cause. If, through any cause, either party shall substantially fail to fulfill in a timely and proper manner any obligation under this Agreement, or violate any of its covenants, agreements or conditions, the Party not in breach shall have the right to terminate this Agreement by giving written notification of such termination and specifying the effective date thereof at least five (5) days before termination. If the Agreement is terminated by Imperial Beach as provided for in this paragraph, City shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination.

ARTICLE IX. NOTICES

9.1 Method of Notification. All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid, addressed to the Administrator, or his/her designee, designated below for the respective party.

9.2 Designation and Contact Information. The following, including their respective addresses, are hereby designated as Administrators for the purposes of this Agreement only:
(A) City of Chula Vista

Animal Control Services Agreement

City Manager, and/or his/her designee
276 Fourth Avenue
Chula Vista, CA 91910
(B) City Imperial Beach
City Manager, and his/her designee
825 Imperial Beach Blvd.

Imperial Beach, CA 91932

9.3 Changes. If the Administrator, designee or address of either party changes, notice of the change shall be sent to the other party. After the receipt of the notice of change, all future notices or demands shall be sent as required by the notice of change.

ARTICLE X. MISCELLANEOUS PROVISIONS

10.1 Headings. All article headings are for convenience only and shall not affect the interpretation of this Agreement.

10.2 Gender & Number. Whenever the context requires, the use herein of (i) the neuter gender includes the masculine and the feminine genders and (ii) the singular number includes the plural number.

10.3 Reference to Paragraphs. Each reference in this Agreement to a section refers, unless otherwise stated, to a section this Agreement.

10.4 Incorporation of Recitals and Exhibits. All recitals herein and exhibits attached hereto are incorporated into this Agreement and are made a part hereof.

10.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on the part of the City or Imperial Beach shall be deemed to be both covenants and conditions.

10.6 Integration. This Agreement and any exhibits or references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and agreements are merged into this Agreement.

10.7 Severability. In the event that any phrase, clause, paragraph, section or other portion of this Agreement shall become illegal, null or void, or against public policy, for any reason, or shall be held by any court of competent jurisdiction to

Animal Control Services Agreement

be illegal, null or void, against public policy, or otherwise unenforceable, the remaining portions of this Agreement shall not be affected and shall remain in force and effect to the fullest extent permitted by law.

10.8 Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.

10.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this Agreement and any exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control.

Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.

10.10 Compliance With Law. The parties shall, at their sole cost and expense, comply with all the requirements of municipal, state, and federal authorities now in effect or which may hereafter be in effect related to this Agreement.

10.11 Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. This Agreement shall be deemed made and entered into in San Diego County, California.

10.12 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Imperial Beach shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement

10.13 Fees. In the event any action or proceeding shall be instituted in connection with this Agreement, including without limitation the enforcement of any indemnification obligation contained herein, the losing Party shall pay to the prevailing Party a reasonable sum for attorneys' fees and costs incurred in bringing or defending such action or proceeding and/or enforcing any judgment granted.

Animal Control Services Agreement

10.14 Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.

10.15 Municipal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a chartered city of the State of California.

10.16 Assignment. Neither City nor Imperial Beach shall assign this Agreement or any right or privilege hereunder to any third party without the express written consent of the other Party. Consent to an assignment shall not be deemed to be consent to any subsequent assignment. Any such assignment without such consent shall be void.

10.17 No Waiver. No failure of either Party to insist upon the strict performance by the other Party of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any default hereunder shall be implied from any omission to take any action on account of such default. The consent or approval to or of any act requiring consent or approval shall not be deemed to waive or render unnecessary future consent or approval for any subsequent similar acts. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach.

10.18 Additional Rights. No rights other than those specifically identified herein shall be implied from this Agreement.

10.19 Cumulative Remedies. All rights, options, and remedies of City contained in this Agreement shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and City shall have the right to pursue any one or all of such remedies or to seek damages or specific performance in the event of any breach of the terms hereof or to pursue any other remedy or relief which may be provided by law or equity, whether or not stated in this Agreement.

10.20 Independent Contractor. Unless otherwise stated in this Agreement, all persons employed in the performance of services and functions for Imperial Beach under this Agreement shall be City employees, agents, or contractors thereof. No Imperial Beach employee shall perform services or functions that City is obligated to provide under this Agreement. All City employees who are employed by City to perform the services pursuant to this Agreement shall be

Animal Control Services Agreement

entitled solely to the rights and privileges given to City employees and shall not be entitled, as a result of providing services pursuant to this Agreement, to any additional rights and privileges given to Imperial Beach employees. Imperial Beach shall not be liable for the direct payment of any salaries, wages, or the compensation to City personnel, agents, or contractors performing services pursuant to this Agreement, or any liability other than that provided for in this Agreement. Unless specified otherwise, Imperial Beach shall not be liable for compensation or indemnity to any City employee, agent, or contractor for injury or sickness or any other claims arising out of his or her employment. City is an independent contractor, and no agency relationship, either expressed or implied, is created by the execution of this Agreement.

10.21 Good Faith. The Parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. Both Parties agree to meet and confer in good faith with City's Animal Care Facility Administrator regarding operational matters upon request.

10.22 Signing Authority. The representative for each Party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.

CITY OF CHULA VISTA
Date:

Approved as to form:
______________________________ ________________________________ Jill D.S. Maland Maria V. Kachadoorian
Lounsbery Ferguson Altona & Peak City Manager
Acting City Attorney

CITY OF IMPERIAL BEACH
Date:

Approved as to form:
______________________________ ________________________________ Jennifer M. Lyon Tyler Foltz
City Attorney City Manager