All officials, departments and employees of the city of Kingsburg vested with the authority or duty to issue permits, certificates or licenses, shall comply with the provisions of this title and shall issue no permit, certificate or license which conflicts with the provisions of this title. Any permits, certificates or licenses issued in conflict with the provisions of this code shall be void. Before issuing a business license for any new business or for a new location for any existing business activity, the city finance director or other authorized licensing official shall obtain the approval of the building department with regard to compliance with the provisions of this title.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

The planning and development director, building official, chief of police, fire chief, and public works director, or their respective designees, shall be the officials responsible for the enforcement procedures set forth in this Chapter. In the discharge of their duties, these officials shall have the right to enter on any site, or to enter any structure for the purpose of investigation and inspection, provided the right of entry shall be exercised only at reasonable hours and that, in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. These officials may serve notice requiring the removal of any structure or use in violation of the Kingsburg Municipal Code upon the owner or his/her authorized agent, on a tenant, or on an architect, builder, contractor, or other person who commits or participates in any violation. These officials may also serve notice requiring the termination and/or cure of any other violation of the Kingsburg Municipal Code upon the violator of any provision of the Kingsburg Municipal Code. These officials may call upon the city attorney to institute the necessary legal proceedings to enforce the provisions of the Kingsburg Municipal Code and the city attorney is hereby authorized to institute appropriate actions to that end.

(Amended during 5-08 supplement)

(Ord. No. 2010-02, § 8, 7-21-2010; Ord. No. 2024-07, § 1, 12-18-2024)

Whenever the planning and development director, the building official, the chief of police, the fire chief, the public works director, or their respective designees (collectively "code enforcement officer") has inspected or determines that conditions constituting a violation of the Kingsburg Municipal Code and/or if a public nuisance exists, the code enforcement officer may use the procedures set forth in this Chapter for the abatement, termination and/or cure of such violation or nuisance.

(Amended during 5-08 supplement)

(Ord. No. 2009-02, § 1, 2009; Ord. No. 2010-02, § 9, 7-21-2010)

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

Except as otherwise provided in Section 1.20.010B of Chapter 1.20 of Title 1 of the Kingsburg Municipal Code, any person, firm, corporation, or organization violating any provision of the Kingsburg Municipal Code shall be guilty of an infraction. A person, firm, corporation, or organization shall be deemed guilty of a separate offense for each and every day a violation is committed and continues to exist.

B.

Any violations of the Kingsburg Municipal Code shall be and are hereby declared to be unlawful and a public nuisance. The city attorney is authorized to institute legal proceedings in order to prosecute said infraction and/or for the abatement, removal, enjoinment, termination, or cure of any such violation or public nuisance in the manner provided by law and shall take such other steps as may be necessary in order to enforce the provisions of the Kingsburg Municipal Code.

C.

A fine for violations of the Kingsburg Municipal Code may be assessed by means of an administrative citation issued by the code enforcement officer, and shall be payable to the city.

D.

Fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this chapter.

E.

The city may seek any and all other civil and administrative remedies provided by law.

F.

All remedies provided for herein shall be accumulative and not exclusive.

(Amended during 5-08 supplement)

(Ord. No. 2009-02, § 1, 2009; Ord. No. 2010-02, § 10, 7-21-2010)

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

It is hereby declared to be a public nuisance for any person owning, leasing, occupying or having charge or possession of any property within the city of Kingsburg to maintain such premises in such manner that any of the following conditions are found to exist thereon:

1.

The real property or any buildings, structures, or improvements which violate the city's building code by creating a fire hazard, danger to human life, or hazards to public health, safety and general welfare, including dilapidation, broken equipment, hazardous pools, excavations, neglected machinery, indiscriminate outdoor storage of household goods or equipment, the keeping and outdoor storage of vehicles incapable of moving under their own power, and other similar attractive nuisances.

2.

Premises not maintained so as to constitute a fire hazard by reason of weeds, grass, rank overgrowth or accumulation of debris, or which could harbor rats or other vermin, create unsightly appearance, or create conditions which are detrimental to neighboring properties.

3.

Broken windows or other structural defects which create hazardous conditions and invite trespassing and malicious mischief, including unsafe structural supports, boarded doorways and windows, dry rot, termites and similar hazards.

4.

Clothes lines within front yard areas.

5.

Garbage cans and garbage receptacles permanently stored within front yards which are visible from the public street and neighboring property owners.

6.

Failure to maintain any wall, fence or hedge as to constitute a hazard to persons or property or to create an unsightly appearance.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

The code enforcement officer shall issue an administrative citation, and serve the same in accordance with the provision of Section 17.92.042 on the landowner and the person, if other than the landowner, occupying or otherwise in apparent charge or control of the property. The administrative citation shall contain the following:

A.

The street address or assessor's parcel number and location description sufficient for identification of the property on which the violation and/or public nuisance exists;

B.

A statement that the code enforcement officer has determined that a violation and/or a public nuisance exists on the property, with a brief description of the conditions that render the property in violation and/or as a public nuisance and identification of the section(s) of the Kingsburg Municipal Code or other law or regulation violated;

C.

A statement to require the violator(s) to obtain all appropriate permits and correct the violation or abate the public nuisance within the time period identified in the administrative citation which time period shall not exceed ten (10) days from the date of service of the administrative citation, unless the code enforcement officer identifies a longer period of time on the administrative citation;

D.

A statement advising that the disposal of material removed from the property in order to comply with the administrative citation shall be disposed of in the manner required by law;

E.

A statement advising that if the required work is not commenced within the time specified, the code enforcement officer may proceed to cause the work to be done, and bill the persons named in the administrative citation for all abatement costs and administrative expenses of the city and/or levy the costs against the property by recordation of a notice of lien in accordance with Section 17.92.053 of this chapter;

F.

Amount of fine imposed for the violation(s);

G.

Explanation of how the fine shall be paid and the consequences of failure to pay the fine;

H.

Signature of the code enforcement officer and the signature of the violator if the violator can be located. If the violator refuses or does not sign the administrative citation, the lack of such signature shall in no way affect the validity of the administrative citation and subsequent proceedings;

I.

A statement advising the person or persons identified in the administrative citation that they may appeal the issuance of the administrative citation in accordance with Section 17.92.046 of this chapter.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

The administrative citation, and any documents related thereto shall be served by one of the following methods:

A.

Personal service; or

B.

First class mail, postage prepaid, to each person identified in Section 17.92.041 at the address as it appears on the last equalized assessment roll of the county, or as otherwise known to the code enforcement officer. The address of the property owner shown on the assessment roll shall be conclusively deemed to be the property address for the purpose of service of the administrative citation. Service by mail in the manner described above shall be effective on the date of mailing;

C.

The failure of the person with an interest in the property to receive any administrative citation served in accordance with this section shall not affect the validity of any proceedings taken under this chapter. If the owner of record, after diligent search cannot be found, the administrative citation may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

Proof of service of the administrative citation shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the date and manner in which service was made. If the administrative citation is published, an affidavit of publication shall be obtained from the newspaper publishing the administrative citation.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

Upon receipt of a written request from any person required to comply with the administrative citation, the code enforcement officer may grant an extension of time within which to complete the work or abatement, if the code enforcement officer determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property and if such person has begun and is diligently accomplishing the work or abatement. The code enforcement officer shall have the authority to place reasonable conditions on any such extensions.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

The city council by resolution shall establish the amount of the fine to be assessed for administrative citations issued by the code enforcement officer.

B.

If the violator or property owner fails to correct the violation; subsequent administrative citations may be issued for the same violation(s).

C.

Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.

D.

All fines assessed shall be payable to the city.

E.

The failure of any person to pay a fine assessed by administrative citation within the time specified on the citation shall result in the assessment of additional fines.

F.

The failure of any person to pay a fine assessed by administrative citation within the time specified on the administrative citation constitutes a debt to the city. To enforce that debt, the code enforcement officer may file a claim with the small claims court; impose an assessment lien as set forth in section 17.92.053; or pursue any other legal remedy to collect such money.

(Amended during 5-08 supplement)

(Ord. No. 2009-02, § 1, 2009)

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

Any person receiving an administrative citation may appeal the issuance of the administrative citation to the city council. The notice of appeal must be submitted on an appeal form provided by the building department, must specify the basis for the appeal in detail and must be filed with the building official within ten (10) calendar days after the date on the administrative citation. If the deadline falls on a weekend or city holiday, then the deadline shall be extended until the next regular business day.

B.

If the notice of appeal is filed in accordance with the provisions of subsection A of this section, the enforcement of the violations identified in the administrative citation and the requirement to pay any fine shall be stayed until the date that the appeal hearing is held by the city council. Except that, if the code enforcement officer determines that the violations identified in the administrative citation constitute an immediate threat to the health or safety of the occupant of the property or the public in general, the code enforcement officer shall proceed with enforcement of the violations.

C.

As soon as practicable after receiving the written notice of appeal, the building official or city clerk shall fix a date, time and place for the hearing. Written notice of the date, time and place for the hearing shall be served at least ten (10) calendar days prior to the date of the hearing to the party appealing the administrative citation by any one of the following means:

1.

Personal service;

2.

First class mail and posting the notice of hearing conspicuously on or in front of the property on which the violation is located.

The failure of any person with an interest in the property to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by normal delivery mail in the manner described above shall become effective on the date of mailing.

D.

Failure of any person to file an appeal in accordance with the provisions of this section shall constitute waiver of that person's rights to administrative determination of the merits of the administrative citation and the amount of the fine.

E.

The city council shall conduct an orderly proceeding and accept oral and written evidence regarding the administration citation in the following manner:

1.

The director or the code enforcement officer shall present testimony and evidence relating to the violation and the appropriate means of correcting the violation.

2.

The owner, agent or person responsible for the violation may present testimony or evidence concerning the violation and the means and time frame for correction.

F.

The director shall establish all appropriate rules for conducting hearings and rendering decisions pursuant to this section.

G.

The city council may sustain, notify or overrule the administrative citation.

H.

The decision of the city council regarding any appeal is the final administrative order and decision.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

If the violator and/or property owner fails to comply with the requirements of the administrative citation within the time periods set forth therein, the work to be performed and/or the abatement of the nuisance may, in the discretion of the code enforcement officer, be performed by the city or by a contractor retained by the city.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

The code enforcement officer or any employee, contractor or authorized representative of the city may enter upon private property to abate the violation and/or nuisance in accordance with the provisions of this chapter. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city whenever such person is engaged in the work or abatement, or in performing any necessary act preliminary to or incidental to such work or abatement, as authorized or directed pursuant to this chapter.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

Whenever the code enforcement officer determines that a violation or public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately corrected or isolated, the code enforcement officer may institute the following procedures:

A.

Notice. The code enforcement officer shall attempt to make contact through a personal interview, or by telephone, with the landowner or the person, if any, occupying or otherwise in apparent charge or control of the property. In the event contact is made, the code enforcement officer shall notify such person or persons of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.

B.

Abatement. In the event the code enforcement officer is unable to make contact as herein above noted, or if the appropriate persons, after notification by the code enforcement officer, do not take action as specified by the code enforcement officer, within twenty-four (24) hours or such lesser time as circumstances may warrant in the discretion of the code enforcement officer, then the code enforcement officer may, with the approval of the building official take all steps deemed necessary to repair, remove or isolate such dangerous condition, or conditions with the use of city forces or a contractor retained by the city.

C.

Costs. The code enforcement officer shall keep an itemized account of the work and abatement costs and administrative expenses incurred by the city in repairing, removing, or isolating such condition or conditions. Administrative expenses may be recovered in the same manner that work and abatement costs are recovered.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

Whenever a violation or public nuisance is found to exist as a result of an inspection, the actual work and abatement costs and reasonable administrative expenses as determined by the code enforcement officer shall be paid by the property owner.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

The code enforcement officer shall keep an itemized account of the expenses and costs incurred by the city in the work and abatement of any violation or public nuisance. Upon completion of the work and abatement, the code enforcement officer shall prepare a report specifying the work and abatement performed, the itemized costs of the work on the property, including direct and indirect costs, a description of the property, and the names and addresses of the persons entitled to service pursuant to Section 17.92.042 of this chapter. Any such report may include expenses and costs on any number of properties, whether or not contiguous to each other. Each person named in the administrative citation shall be jointly and severally liable for such work and abatement costs and administrative expenses, and the amount of such costs and expenses shall be a debt owed to the city. Such report shall be served upon the persons identified therein in accordance with Section 17.92.042, together with a demand that the amount identified therein be paid within thirty (30) days of receipt of the report.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

The written demand for payment identified in Section 17.92.051 shall advise the person or persons identified in the written demand that they may appeal the demand for payment and the calculation of the amounts identified in the code enforcement officer's report, within ten (10) days from the date of service of the written demand, which appeal must be made in accordance with the provisions of Section 17.92.046. The appeal shall be conducted in accordance with the provisions of Section 17.92.046.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

Notice of Lien. If a violator fails to pay a fine within the time period identified on the administrative citation or should the violator fail to pay the costs of abatement within the time period identified in Section 17.92.051 or within ten (10) days after the date of the decision of the hearing officer should the hearing officer affirm the collection of a fine or the costs of abatement, the code enforcement officer shall execute and file in the office of the county recorder a notice of lien of substantially the following form:

NOTICE OF LIEN

Pursuant to the authority vested in the Code Enforcement Officer of the City of Kingsburg Municipal Code, said Code Enforcement Officer, by the provisions of the City of Kingsburg Municipal Code, and on or about, said Code Enforcement Officer did assess a fine and/or, on or administrative expenses and abatement costs upon that certain real property commonly known as, Kingsburg, California, and more particularly described in Exhibit "A", which is attached hereto and made a part hereof ("Real Property"), and neither the same has been paid. The City of Kingsburg hereby claims a lien on the Real Property for said fine and/or administrative expenses and abatement costs in the amount of $. This amount shall be a lien upon the Real Property until the sum has been paid in full and discharged of record.

Dated: This day of _______, 2007.
CODE ENFORCEMENT OFFICER OF THE CITY OF KINGSBURG
(ACKNOWLEDGMENT)

B.

Recordation. Immediately upon the recording of the notice of lien, the assessment shall constitute a lien on the real property assessed. Such lien shall, for all purposes, be upon a parity with the lien of state and local taxes.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

Assessment Book. The notice of lien, after recording, shall be delivered to the tax assessor of Fresno or Tulare County, who shall enter the amount on the county assessment book opposite the description of the real property, and the amount shall be collected together with all other taxes levied thereon against the real property.

B.

Collection. Thereafter, the amount set forth in the notice of lien shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are made applicable to such assessment. The amount set forth in the notice of lien shall be returned to the city to the fund designated for code enforcement activities.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

The provisions of this chapter shall not affect the rights of private parties to pursue any and all legal remedies.

(Amended during 5-08 supplement)

Nothing in this chapter shall prevent the city council from requesting the city attorney to commence a civil or criminal proceeding to abate a violation and/or a public nuisance as an alternative to the proceedings set forth in this chapter.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

Enforcement of this chapter by the city may be accomplished by the code enforcement officer in any manner authorized by law. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating violations and/or public nuisances in any other manner provided by law.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

Any person who removes any notice or order posted as required in this chapter without the consent of the city is guilty of an infraction.

B.

Any person who obstructs, impedes or interferes with any representative or contractor of the city or with any person who owns or holds any estate or interest in real property, buildings or premises which has been ordered to be vacated, repaired, rehabilitated or demolished or brought into compliance with this chapter, when any of the aforementioned individuals are engaged in work involving the abatement, is guilty of an infraction.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

It is unlawful for a person to violate any provision or to fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute an infraction which shall be punishable by fine as established by the resolution of the city council.

B.

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

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)