The Code Enforcement Division of California City works closely with the City's Police and Fire Departments and has been given the responsibility to enforce laws related to safety, health, public welfare, neighborhood enhancement and quality of life.

In late 2013, the City Council moved to place the Code Enforcement Division under the Fire Department and the direction of the Fire Chief. This Division consists of 2 Code Enforcement Officer Positions and is staffed 7 days a week. The primary responsibility and mission of this Division is the enforcement of the California City Municipal Code (CCMC). The Officers at times can assist with enforcement of the California Fire Code and Building Code; working closely with the Building Department and Fire Department Administration.

The most common issues that the Code Enforcement Division responds to are dangerous/abandoned buildings, fire hazards, State Housing Law violations, zoning requirements, non­ permitted construction activity, illegal businesses.

Currently the Code Enforcement Offices are located at the Fire Department where you may request to speak to a Code Enforcement Officer or you may call (760) 373-8606. Voice mail is available to leave a message with your case number (if applicable}, your name and call back number.

You may report violations to the Code Enforcement Division by filling out a complaint form. Complaint forms are available at the Police Department Front Desk or in the lobby at City Hall. Please be advised the forms are made available at City Hall only as a convenience for the public. Completed complaint forms must be delivered by the citizen filing the complaint to the Front Desk at the Fire Department.

It's likely that the Code Enforcement Division has already started investigating your complaint. Part of an investigation involves researching property ownership, title, occupants, past or current permits, prior Code Enforcement actions, etc. The investigation may also involve working closely with other Departments and/or Agencies. A significant portion of Code Enforcement investigations arc performed "behind the scenes" by exchanging correspondence with the violator, sending legal notices, etc.

When the violator fails or refuses to correct the violation, the Code Enforcement Division initiates a formal legal process to compel compliance, which may extend the amount of time to resolve the violation. For non-hazardous situations, it is requested that you wait a minimum of 30 days after filing the complaint before checking on the status of a complaint. This allows time to initiate an investigation, contact the property owner and attempt resolution of the violation

For non-hazardous violations: The first letter you should receive is mailed to you as a courtesy. It is intended to merely advise you that a violation of an applicable law hos been obse1ved. After receipt of the letter, you may correct the problem or contact the Code Enforcement Officer assigned to your case at your earliest convenience to clear up any of the following:

I. The information in the letter is incorrect.

2. You are not responsible for the violation.
3. The violation no longer existing.
   
4. You don't understand a part of the letter.

Once the allowable time specified on your first letter has expired, and if you have not corrected the violation, you may be subject to additional enforcement action.

If it is determined that a hazardous violation exists or that you or the property has been the subject of previous enforcement within the preceding 12 months, you will be notified by an official ·"Notice of Violation and Order to Abate." This notice will state specific Code sections for which you are in violation, the remedies available to you, and any fines, charges and/or penalties that you will be assessed.

If you receive an official "Notice of Violation and Order to Abate," you should contact the Code Enforcement Officer assigned to your case as soon as possible. You may appeal a ''Notice of Violation and Order to Abate" on the basis that you:

• Are not responsible for the violation.
  
• Contest the existence of a violation.

If you have received an administrative citation and wish to contest the citation you can do so by following the process outlined in this informational document.

Request for Hearing.

Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible party by completing a request for a hearing and returning it to the city within 30 days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed.

A request for a hearing form may be obtained from the City Clerk.

The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.

If the Enforcement Officer submits an additional written report concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of this report shall also be served on the person requesting the hearing at least five days prior to the date of the hearing.

Advance Deposit Hardship Waiver.

Any person who intends to request a hearing to contest that there was a violation of the Code, or that he or she is the responsible party, and who is financially unable to make the advance deposit of the fine may file a request for an advance deposit hardship waiver.

The request shall be filed with the City Clerk on an advance deposit hardship waiver application form, available from the City Clerk, within ten days of the date of the administrative citation.

The requirement of depositing the full amount of the fine shall be stayed unless or until the City Clerk makes a determination not to issue the advance deposit hardship waiver.

(The City Clerk may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the City Clerk a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the City Clerk the person's actual financial inability to deposit the full amount of the fine in advance of the hearing.

If the City Clerk determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within ten (10) days of that decision or thirty (30) days from the date of the administrative citation, whichever is later.

The City Clerk shall issue a written determination listing the reasons for his or her determination to issue or not issue the advance deposit hardship waiver. The written determination of the City Clerk shall be final.

The written determination of the City Clerk shall be served upon the person who applied for the advance deposit hardship waiver.

Hearing Officer. The City Manager shall designate one or more Hearing Officers for the administrative citation hearing. The City Manager may maintain a list of qualified hearing officers. The employment performance evaluation, compensation, and any benefit of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of any administrative citation fines that could be upheld by the Hearing Officer.

Hearing Procedure.

A hearing shall be set for not less than fifteen (15) and not more than sixty (60) days from the date the request for a hearing is filed. The person requesting the hearing shall be notified of the time and place for the hearing at least ten days prior to the date of the hearing.

As nearly as practical, the hearing officer shall conduct the hearing consistent with the Administrative Procedures Act. The person contesting the citation may testify and present witnesses and evidence.

The failure of any recipient of an Administrative Citation to appear at the hearing constitutes a forfeiture of the fine unless that person has requested a hearing by written declaration.

The citation and documents submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.

The hearing officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the citation prior to issuing a written decision.

The hearing officer shall issue a written decision within ten days of the hearing to uphold or deny the citation and shall explain the reasons for the decision. The decision of the hearing officer shall be final.

If the hearing officer determines the citation should be upheld, the fine amount on deposit with the City shall be retained by the City. If the Hearing Officer determines that the citation should be upheld and the fine has not been deposited for any reason, the Hearing Officer shall set forth in the decision a payment schedule for the fine. Unless otherwise stated in the decision, fines shall be due and payable on the date the decision is issued. If the hearing officer determines the citation should not be upheld, any deposit shall be refunded.

Conduct of Administrative Hearings.

The following shall govern the administrative hearing process.

Materials received by the City from a person who requests an administrative hearing, or materials City staff desires to submit to the tribunal, shall be filed with the City Clerk. The City Clerk shall distribute copies of the materials to the parties before the proceedings. Except for agency briefs, the materials shall not be distributed to the tribunal except during the hearing.

Members of the tribunal shall avoid private, oral communications with any person who seeks or may seek an administrative review of an agency decision. When such communications occur, despite the member's best efforts to avoid them, the member shall announce the occurrence of such communication and, depending on the communications, may be asked to refrain from taking part in the proceedings.

At the hearing, the City Attorney shall advise the tribunal and the City Prosecutor may represent agency staff if:

There are no communications between City Attorney and the City Prosecutor on the subject matter of the appeal outside the presence of opposing counsel except that, after a decision has been rendered, City Attorney may inform the attorney for the prevailing party to prepare a draft decision. The draft decision shall be transmitted to both attorneys before submitting it to the tribunal.

A person shall not advise the members of the tribunal in an administrative hearing in any of the following circumstances:

The person has served as investigator, prosecutor, or advocate in the proceeding or its pre-adjudicative stage.

The person is subject to the authority, direction, or discretion of a person who has served as investigator, prosecutor, or advocate in the proceeding or its pre-adjudicative stage.

A person may serve as an advisor at successive stages of an adjudicative proceeding.

Right of Judicial Review.

A person aggrieved by the decision of a hearing officer may obtain review by filing a petition for writ of mandate under Code of Civil Procedure Section 1094.6 within the time stated in Government Code Section 53069.4(a)(1).

The Code Enforcement Division utilizes a variety of strategies in order to gain compliance with standards. These strategies include, but are not necessarily limited to:

ADMINISTRATIVE REMEDIES

Levying of fines, withholding, suspending or revoking City issued permits or licenses, nuisance abatement.

CIVIL REMEDIES

An injunction, placing property in receivership.

CRIMINAL REMEDIES

Fines, arrests, probation

Illegal dumping is a problem that continues to occur despite hefty penalties such as fines, arrest, and orders to abate. If the dumping is done by a business, revocation of their business license is almost guaranteed in addition to other penalties. Legally, when trash is dumped on private property, the property owner becomes responsible to remove it. At this time, due to State budget reductions, the City is not able to assist private property owners in removing dumped materials from their property.

I SEE SOMEONE DUMPING TRASH RIGHT NOW. WHO DO I CALL?

This is a crime in progress and you should call the Police Department at (760) 373-8606. Provide as much information as possible such as, a description of the vehicle, license plate number and description of people involved, and items being dumped.

WILL THE CITY RESOLVE A DISPUTE BETWEEN ME AND MY LANDLORD?

The Code Enforcement Division ensures that rental units are safe to live in. The City will not act as referee for landlord­ tenant disputes that involve conditions unrelated to habitability or safety. For example, a dispute involving the color of carpeting would not affect the habitability' of the rental unit. Generally these disputes are best resolved between the renter and property owner.

For information about your rights, responsibilities and suggestions on ways to resolve housing complaints between tenants and landlords, the State of California, Department of Consumer Affairs, 400 R Street, Suite 3090 Sacramento, CA 95814-6200 or call TOLL FREE at (800) 952-5210, has

published several guidelines: LT-3, LT-6 and LT-8. Additional assistance may be available through the Greater Bakersfield Legal Assistance Center, 615 California Avenue, Bakersfield, CA (661) 325-5943.

When contacting your landlord about problems related to your rental unit, it is recommended that you send a letter and keep a copy for your records.

If you have contacted your landlord and he or she is unwilling to make the property habitable, within the limits of his or her responsibility, you can submit a complaint to the Code Enforcement Division.

As California City residents and property owners, we have an interest in maintaining the reputation of an attractive, safe, healthy, and wholesome community. One way we can do this is by being aware of the property maintenance standards that help ensure that the high living quality of our neighborhoods is maintained. The City takes pride in its neighborhoods. Property maintenance standards have been developed to ensure that our neighborhoods remain attractive. Well-kept neighborhoods help to maintain or increase property values, discourage crime and graffiti, encourage quality development, and preserve the quality of life in our City.

Some of the typical problems related to property maintenance are the storage of junk or trash. hazardous/nuisance, overgrown vegetation/weeds, inoperative vehicles/yard parking, auctions, garage/yard sales.

HOW MANY CAN I HAVE?

According to the CCMC, Section 9-2.2A04 Temporary Uses Allowed, identifies under business (a) (I) an auction and in the same section is non-business (b) (I) garage/yard sale. Section 9-2.2A06 (f) (1), auctions; garage/yard sales may be held a total of three (3) consecutive days (four [4] times annually).

WHAT CAN I SELL?

Only merchandise belonging to the owner may be sold.

DO I NEED A CITY PERMIT?

Yes. A City permit is required and you may obtain the permit and pay the fees at the Police Department Front Desk, Monday, 8:00 a.m. to 4:00 p.m., Tuesday through Friday, 8:00 a.m. to 6:00 p.m., Saturday 9 a.m. to 5:00 p.m. Closed on Sundays and Holidays.

WHAT ARE THE FEES AND CAN I PUT UP SIGNS?

Every Auction, Garge/Yard Sale requires a California City Auction, Garage/Yard Sale Permit pursuant to the City's MFR, Section 9-6 and the CCMC, Section 9-2.2A09(g). There is a

$5.00 non-refundable permit fee, made payable to the City of California City and a $50.00 fully reimbursable deposit. The deposit is to be held as collateral to ensure City Regulations and Policies are adhered to. The City no longer issues signs, many were damaged beyond repair. Until the City's Municipal Code is amended, the following procedures are being implemented: Each auction, garage/yard sale is restricted to five (5) "homemade" signs. Each sign must have a permit·: sticker affixed and made visible. The signs shall not be erected more than five days prior to the sale. Posted signs must be collected by the event holder immediately after an event Failure to collect signs in a timely manner will result in a citation and/or forfeiture of deposited funds. Posted auction, garage/yard sale signs are restricted in the manner displayed: May not be posted on public buildings or property. May not be posted on traffic, street light, or utility ·poles. May not be posted on parking control signs or traffic devices. May not be posted on trees located on public property. May not be posted in a manner as to obstruct public sidewalks, medians, or public right-of-ways.

REGISTRATION POLICY FOR AUCTION, GARAGE/YARD SALE

Upon receipt of fees, deposit, and completion of the registration form, all permits and stickers will be provided.

OTHER ADVERTISING OPTIONS

A person wishing to advertise an auction, or garage/yard sale could do so in the local newspaper which is the Mojave Desert News, 8148 California City Boulevard, California City, CA 93505. To find out more information on fees and deadlines, visit their office in the Aspen Mall or call (760) 373-4812,   Fax  (760)  373-2941,  or online  at

classThis email address is being protected from spambots. You need JavaScript enabled to view it.

Pursuant to Section 5-I.IA05 of the CCMC, the person responsible for registering an abandoned, accessible, or distressed property shall pay a registration fee of $40.00 per the Master Fee Resolution {MFR), Section 11-6. Payment can be made payable to the City of California City in person at the Utility Payment Window or mailed to: City of California City, City Hall, 21000 Hacienda Blvd., California City, California 93505-2293. If you have further questions you may call City Hall at (760) 373-8661 or the Code Enforcement Office at (760) 373-7046.

It's likely that the Code Enforcement Division has already started investigating your complaint. Part of an investigation involves researching property ownership, title, occupants, past or current permits, prior Code Enforcement actions, etc. The investigation may also involve working closely with other Departments and/or Agencies. A significant portion of Code Enforcement investigations arc performed "behind the scenes" by exchanging correspondence with the violator, sending legal notices, etc.

When the violator fails or refuses to correct the violation, the Code Enforcement Division initiates a formal legal process to compel compliance, which may extend the amount of time to resolve the violation. For non-hazardous situations, it is requested that you wait a minimum of 30 days after filing the complaint before checking on the status of a complaint. This allows time to initiate an investigation, contact the property owner, and attempt resolution of the violation