CC 5-5-20 #9 Municode Amendments to Title 1_Staff Presentation1
Cupertino City Council
May 5, 2020
Title 1: General Provisions
MCA-2020-01
2019-2020 Work Program Item #14
Administrative Penalty Limits
Code Enforcement Best Practices
Also:
Consistency with State Law
Clarification, Readability and Internal
Consistency
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CC 05/05/2020 Item #9
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Administrative Penalty Limits
(Section 1.10.150)
Existing
$1,000/violation/day
AND
$100,000 Limit
Proposed
$1,000/violation/day
AND
$100,000 Limit
Best Practices
Public Nuisances (Chapter 1.09)
Existing
No abatement until after:
1. Council public hearing
2. Resolution declaring public
nuisance adopted
Proposed
Administrative process
Requires noticing
Allows appeals
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What do other cities do?
Palo Alto
Sunnyvale
Saratoga
Santa Clara
Mountain View
Los Altos
Campbell
San Jose
Nuisance Abatement at
Administrative Level
Proposed Abatement Process
Authorizes staff to investigate complaints
Authorizes abatement work to proceed if
violator does not comply (need a warrant)
Establishes an emergency abatement
process
Establishes process for collection of
abatement costs (property liens and
special assessments)
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Consistency with State Law
Increased fine amounts for building code
violations (Sec. 1.10.170)
Clarification that fine amounts apply to
each violation versus each citation (Sec.
1.10.070)
Addition of hardship waiver process for
reduction of administrative fines (Sec.
1.10.080 new)
Deletion of an invalid lien procedure
Clarification, Readability, and
Internal Consistency
New Section 1.04.030
Summarizes code enforcement remedies
available to City (moved from Section
1.10.010)
Chapter 1.08, Right of Entry
Clarification for when warrant is needed to
conduct inspections on private property
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Clarification, Readability, and
Internal Consistency (Chapter 1.10)
Sec. 1.10.010, Applicability
Sec. 1.10.020, Definitions
Sec. 1.10.050, Administrative Citation –
Issuance
Sec. 1.10.070, Administrative Citation Fines
Sec. 1.10.090, Appeal of Administrative
Citation
Sec. 1.10.120, Administrative Citation
Appeal Hearing
Sec. 1.10.130, Hearing Officer’s Decision
on Administrative Citation
Sec. 1.10.150, Administrative Penalties
Imposed by Council
Clarification, Readability, and
Internal Consistency (Chapter 1.10)
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Clarification, Readability, and
Internal Consistency
Chapter 1.12, General Penalty and
Criminal Enforcement
Section 1.12.010, Violation of Code
Section 1.12.030, Public Nuisance
Abatement (Moved to Chapter 1.09)
Recommended Action:
That the City Council:
1. Find that the proposed actions are exempt from
CEQA; and
2. Conduct the first reading of Ordinance No. 20-
2203, entitled: “An Ordinance Of The City Council Of
The City Of Cupertino Amending Chapter 1.04,
General Provisions; Chapter 1.08, Right Of Entry For
Inspection; Chapter 1.09, Nuisance Abatement;
Chapter 1.10, Administrative Citations, Fines, And
Penalties; Chapter 1.12, General Penalty” to improve
process efficiency by adopting Best Practices,
readability and internal consistency.
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