1 ORDINANCE NO. 1445
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE AMENDING AND CLARIFYING PORTIONS OF CHAPTER 9.50 OF THE MARYSVILLE MUNICIPAL
CODE PERTAINING TO NUISANCE ABATEMENT
WHEREAS, the City of Marysville is a Charter City and in accordance with California Constitution Section 5, subdivision (a) is empowered and make and enforce all ordinances and regulations with respect to its municipal affairs; and
WHEREAS, Section 6 of the City of Marysville’ Charter empowers the City to make and endorse all laws and regulations with respect to its municipal affairs; and WHEREAS, it is hereby declared that the abatement of nuisances which exist in the City is a municipal affair; and
WHEREAS, in keeping with the aforementioned powers of the City, certain clarifying amendments are in order with respect to Chapter 9.50 of the City’s Municipal Code.
NOW, THEREFORE, the City Council of the City of Marysville does ordain as follows:
SECTION ONE.
Subdivision (b) of Section 9.50.020 of the Marysville Municipal Code is amended to read in its entirety as follows:
“(b) Provisions of this Chapter are to be supplementary and complimentary to all of the provisions of the City’s Municipal Code, state law (including Civil Code Section 3479, et seq., Government Code Section 38771, et seq., Government Code Section 53069.4, Penal Code Section 370, et seq., Health and Safety Code Section 14875, et seq.) and any law, common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City to abate any and all nuisances and impose administrative penalties for a violation of this Chapter.”
SECTION TWO.
Subdivision (8) of subsection (b) of Section 9.50.160 of the Marysville Municipal Code is amended to read in its entirety as follows:
“(8) A statement that any person, corporation, or entity that has exhausted the appeal hearing process may seek judicial review of the notice and order imposing the administrative penalty pursuant to this Chapter, and that the hearing examiner’s order shall be final unless a timely judicial appeal is filed.”
2 SECTION THREE.
Section 9.50.170 of the Marysville Municipal Code is amended in its entirety to read as follows:
“9.50.170 Establishing Amount of Administrative Penalties.
Unless otherwise provided in this Chapter, administrative penalties shall be imposed in the following amounts: one hundred dollars for a first violation; two hundred dollars for a second violation of the same nature within one year; and three hundred dollars for each additional violation of the same nature within one year of the second violation. If a nuisance is abated within the time specified by a notice to correct pursuant to Section 9.50.150, no administrative penalty shall be imposed. If a nuisance is not corrected within the time specified in a notice to correct pursuant to Section 9.50.150, penalties shall commence effective on the date that such notice to correct was served and shall continue each day thereafter such that each day any violation continues beyond the date of service of a notice to correct constitutes a separate violation. The City enforcement officer may waive the administrative penalty if he or she finds that imposition of the penalty is not warranted or is not in the interest of justice.”
SECTION FOUR.
Subdivision (1) of subsection (e) of Section 9.50.180 of the Marysville Municipal Code is amended to read in its entirety as follows:
“(1) Format of Hearing Examiner’s Decision. The hearing examiner shall issue a written decision containing findings of fact and a determination of the issues presented. The hearing examiner may assess daily administrative penalties from the date of service of the notice to correct pursuant to Section 9.50.105. The hearing examiner may affirm, modify or reverse the notice to correct, or the notice of violation and penalty order imposed by the City, or find that the imposition of the penalty is not warranted or is not in the interest of justice.
SECTION FIVE.
(B) of subdivision (2) of subsection (e) of Section 9.50.180 of the Marysville Municipal Code is amended in its entirety to read as follows:
“(B) If the decision affirms the imposition of an administrative penalty, the penalty shall continue to accrue until the nuisance is abated. The decision shall also require appellant to pay the administrative penalty in accordance with, and subject to, the provision of Section 9.50.200. The decision shall inform the owner that if the penalty is not paid within the time specified, it may be made a personal obligation of the owner, and if the violation relates to an event occurring on, or condition existing on, property in the City, it may also be made a lien against the property which may be collected by special assessment. The hearing examiner’s decision shall also inform the person, corporation or entity against whom an administrative penalty has been imposed that any appeal of the hearing examiner’s decision must be filed within twenty days of service of the hearing examiner’s decision, as provided in Government Code Section 53069.4. An administrative penalty shall continue to accrue for each day a violation continues to exist after the date set for abatement 3 under subsection (e)(2)(A) of this section in the hearing examiner’s decision until all violations which are the subject of the hearing examiner's decision had been abated. If the City implements the abatement order, the administrative penalties shall accrue from the date of service of the notice to correct (per section 9.50.150) until the date of abatement and shall be recovered according to the procedures set forth in Sections 9.50.250, 9.50.260 and 9.50.270. If the City does not abate the violations which are the subject of the hearing examiner’s decision (and as a consequence does not incur costs and expenses of abating such nuisance) then, in such event, the City may recover the additional daily administrative penalties which accrue from the date set for abatement under Section (e)(2)(A) of this Section in the hearing examiner’s decision until the date of abatement pursuant to the provision of Section 7.60.265).”
SECTION SIX.
Subsection (a) of Section 9.50.200 of the Marysville Municipal Code is amended in its entirety to read as follows:
“(a) When Payment is Due. Payment of administrative penalties is due at the following times:
(1) If a request for an appeal hearing is not filed in relation to the notice of violation and penalty order, the administrative penalty set out in the notice and order shall be due and payable ten calendar days after service of the notice and order, provided that additional daily penalties shall accrue until the nuisance is abated.
(2) If a request for an appeal hearing is timely filed and there is no judicial review of the hearing examiner’s decision of the administrative penalty, the administrative penalty shall be due and payable thirty calendar days after the date of a hearing decision, or the date the hearing request is withdrawn by the appellant. The amount of penalty payable shall be set by the hearing examiner in the decision after hearing, of the amount set forth in the notice of violation and penalty order if there are no hearing decisions, to include additional daily penalties until the nuisance is abated.
(3) If there is judicial review of the hearing examiner’s decision, the monetary sanction shall be due and payable ten calendar days after the date of the final court order in relation to that review. The amount due shall be the amount ordered by the hearing examiner plus ongoing daily penalties at the applicable rate (one hundred dollars, two hundred dollars or three hundred dollars per day as provided in Section 9.50.170) until the court renders its decision, or abatement of the nuisance, whichever is earlier.”
SECTION SEVEN.
There is hereby added to the Marysville Municipal Code Section 9.50.290 to read in its entirety as follows:
4 “9.50.280 Municipal Affairs.
This chapter is enacted pursuant to Section 6 of the City of Marysville Charter. Pursuant to California constitution Article 11 Section 5(a), the City enacts this chapter as a matter of its municipal affairs such that the provisions in this chapter shall supersede any state law to the contrary.
The City declares that the amendments to chapter 9.50 of the Marysville Municipal Code contained within this ordinance are declarative of existing City law and to the extent it might be determined otherwise, the provisions of this ordinance shall apply retroactively.” SECTION EIGHT.
This Ordinance shall take effect thirty (30) days after its adoption by the Marysville City Council.
The foregoing Ordinance is passed by the City Council of the City of Marysville on the ____ day of __________ 2023 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this ____ day of ___________, 2023.
CITY OF MARYSVILLE, CALIFORNIA
By its City Council
By: ________________________________
Chris Branscum, Mayor
By: _____________________________
Nicole Moe, City Clerk
Attestation Date: __________________