[Ord. #03-03, § 8.20.1]
The ordinance codified in this section shall hereafter be referred
to and cited as the Administrative Nuisance Abatement Ordinance.
[Ord. #03-03, § 8.20.2]
The purpose of this section is to establish an abatement procedure
to be utilized for serious and/or persistent situations which are
considered to warrant the need for official abatement through the
process set forth herein. This section is not intended to be used
by citizens to insist that any or all complaints should be abated
and/or pursued by the procedures set forth in this section. The City
reserves the right to address abatement in a variety of ways to try
to emphasize cooperative compliance while maintaining the priority
of the use of City resources.
The City Council finds and determines that the existence of
any condition constituting a public nuisance, as defined herein, is
injurious and inimical to the public health, safety and general welfare,
diminishes property values and degrades the quality of life within
the City. The purpose of this chapter is to protect the public from
health and safety hazards resulting from the neglect, misuse or deterioration
of property, to preserve property values, and to maintain the social
and economic viability of the community, to facilitate enforcement
efforts for violations of State, Federal, and local laws, to require
conformance to all laws and regulations, and to provide processes
to address harms and wrongdoings within the City.
This process provides alternative remedies to enable the City
to institute civil suits to enjoin public nuisances by providing the
administrative body with the authority to impose orders and conditions
to abate and to halt public nuisances.
[Ord. #03-03, § 8.20.3]
Except where the context otherwise requires, the following definitions
shall govern the construction of this section:
Shall mean any condition, machine or instrumentality which
is unsafe or unprotected and thereby dangerous to young children,
and which may reasonably be expected to attract young children to
the property and to risk injury by playing with, in or on it.
Shall mean any property or its condition which constitutes
a public nuisance or adversely affects neighboring properties or which
is detrimental to the health or safety of individuals residing within
the community.
See Hearing Board.
Shall mean the City of Albany, its officers, employees or
agents.
Shall mean the Albany Municipal Code ("this Code"), or any
other code ordinance or implementing resolution adopted by the City
Council.
Shall mean any person designated by the City Administrator
and authorized by law to enforce the provisions of City Codes or State
law.
Shall mean the City Council or such other body or person
that it designates to act as the Hearing Board or Hearing Officer.
The City Council may designate one (1) or more members of the City
Council to serve as the Hearing Board or Hearing Officer. Whenever
Hearing Board appears it shall mean Board or Officer.
Shall mean that person designated by the City Council to
serve as the Hearing Board.
Shall mean and include but is not limited to the owner, the
owner's agent or employee, a lessee, the lessee's agent or employee,
a tenant, the tenant's property within the jurisdiction of the City,
or any other individual having charge or control over the operation
or management of the property. If the owner is the occupant of the
property, provisions relating to the owner and the occupant shall
be treated as relating to one (1) person.
Shall mean the owner of record as shown on the last equalized
assessment roll of the county. For purposes of providing notice to
an owner of any action or proceeding under this section, "owner" includes
the actual owner of record, or part owner, or such owner's agent,
employee or other legal representative.
Shall mean any person, firm, partnership, association, corporation,
organization or entity of any kind, or such person's authorized representative.
Shall mean and include any grounds, lot, parcel, tract or
other piece of land, as well as any building, structure or other appurtenance
located thereon.
Shall mean an activity or condition which, in the opinion
of the City, violates a provision of a City Code, or anything which
is injurious to health, or safety, or an obstruction to the free use
of property, so as to unreasonably interfere with the comfortable
enjoyment of life or property by the occupant(s) of adjacent or neighboring
property or by any number of persons in the City irrespective of whether
the annoyance or damage inflicted upon individuals is unequal.
Shall mean any property which is in such condition as to threaten health or safety, depreciate values, impair investments and/or cause substantial diminution of property rights of adjacent properties. Examples of such conditions are set forth in subsection 18-1.6 of this section, describing prohibited activities and unlawful conditions and substandard buildings as defined in the Health and Safety Code.[1]
[1]
Editor's Note: See California Health and Safety Code Section
17920.3, or subsequently enacted provisions.
[Ord. #03-03, § 8.20.4]
a.
It is declared to be a public nuisance for any person owning, leasing,
occupying using or having charge or possession of any public or private
property in the City, or any other person, to cause, or to permit,
or to maintain any prohibited activity or unlawful condition or an
attractive nuisance thereon as described in this section.
b.
The City Council shall have the power to declare by resolution or
ordinance that a particular activity or condition other than and in
addition to those described herein shall constitute a public nuisance
subject to abatement.
[Ord. #03-03, § 8.20.5]
The administration and enforcement of this section shall be
the responsibility of the City Administrator, including but not limited
to any administrative official designated by the City Administrator,
the Code Enforcement Official, and City Attorney, all of whom shall
perform all duties in the manner authorized by law.
[Ord. #03-03, § 8.20.6]
a.
It is unlawful for any person owning, leasing, occupying, using or
having charge or possession of any private property in the City, or
any other person, to cause, or to permit, or to maintain thereon the
following:
1.
Inadequately maintained landscaping, which shall include areas with
overgrown vegetation, or dead or diseased trees, shrubs or other vegetation,
which create a fire hazard, or harbor wild animals or other vectors,
or are dangerous to the public health, safety and welfare, or interfere
with the flow of vehicular or pedestrian traffic, or obstruct visibility
in the public right-of-way;
2.
Buildings, structures or their appurtenances which are deemed to
be substandard, or a public nuisance, or whose condition, or existence
is in violation of any provision of City Codes or the provisions of
the California Health and Safety Code;
3.
Buildings or structures which are abandoned, boarded up, partially
destroyed, or partially constructed after building permits have expired;
4.
Private property, the topography, geology or configuration of which,
whether in a natural state or as a result of grading operations, excavation
or fill, causes erosion subsidence or surface water drainage problems
of such magnitude as to be injurious or potentially injurious to the
public health, safety and welfare, or to adjacent properties;
5.
A violation of any provision of a City permit approval or City Code.
b.
It is unlawful for any person owning, leasing, occupying, using,
or having charge or possession of any private property in the City
to fail or refuse to remove from any public property, or any sidewalk,
alley, or other public right-of-way abutting or adjoining such property,
all loose earth, mounds of soil, dry or dead vegetation, tin cans,
furniture (i.e., chairs, tables) signs, abandoned asphalt or concrete,
rubbish, refuse and waste material of any kind, or any other unsanitary
substance, object, obstruction or condition which may endanger or
injure neighboring property or the health, safety or welfare of the
residents in the vicinity of such property, or which may obstruct
such public property or any sidewalk, alley, or other public right-of-way
and thereby endanger or injure persons traveling thereon.
[Ord. #03-03, § 8.20.7]
Whenever necessary to make an inspection to enforce any of the
provisions of City Codes, or when any Code Enforcement Official has
reasonable cause to believe that there exists, upon any property a
condition or violation which makes such property unsafe or constitutes
a public nuisance, or whenever necessary to abate a nuisance, the
Code Enforcement Official, or his or her duly authorized representative,
may enter such property at all reasonable times to inspect the same
or to perform any action authorized to be taken pursuant to the provisions
of this section. If the property is occupied, the Code Enforcement
Official shall first present proper credentials and request entry;
and if such property is unoccupied, the City Official shall first
make a reasonable effort to locate the owner or occupant of the property
and request entry. If entry is refused, or cannot be obtained, the
Code Enforcement Official, or his or her duly authorized representative,
shall have recourse to every remedy authorized by law to secure entry,
or to abate the nuisance, including an inspection/abatement warrant
issued by any court having jurisdiction.
[Ord. #03-03, § 8.20.8]
Whenever the Code Enforcement Official has inspected or caused
to be inspected any property and has determined that an unlawful condition
constituting a public nuisance exists thereon, the Code Enforcement
Official may use the procedures set forth in this section for the
abatement of such public nuisance that is being committed on public
property or may utilize any other procedure authorized by law; provided,
however, that if the public nuisance is determined to be imminently
dangerous to life or adjacent property as to require immediate removal,
repair or demolition, the Code Enforcement Official may initiate summary
abatement procedures pursuant to this section.
[Ord. #03-03, § 8.20.9]
a.
If in the reasonable opinion of the Code Enforcement Official there
exists a condition which constitutes an imminent threat of serious
injury or harm to any persons of property that is likely to occur
during the pendency of abatement proceedings, such Official may cause
the condition to be summarily abated in accordance with the following
procedure.
1.
The Enforcement Official shall attempt to contact the owner or occupant
or user of the property to notify the responsible individual that
the condition must be immediately abated so as to eliminate the imminent
threat of serious injury or harm or to eliminate the wrongful or unpermitted
use of public property.
2.
If the Enforcement Official is unable to make contact, or if after
contact the owner or occupant or user does not take action within
the prescribed time, the Code Enforcement Official is authorized to
take all actions deemed necessary to remove, repair or isolate such
dangerous condition(s), utilizing the City's own forces or private
contract, or any combination thereof.
3.
The Enforcement Official shall keep an itemized account of the costs
incurred by the City in abating the public nuisance. Such costs may
be recovered by the City in the same manner that abatement costs are
recovered pursuant to this section or pursuant to applicable provisions
of City Codes.
b.
Nothing in this section shall prevent public safety officials from
taking such actions in emergency situations or as part of their law
enforcement duties as they may deem necessary or appropriate in order
to protect the public health, safety and general welfare.
[Ord. #03-03, § 8.20.10]
a.
Whenever the Enforcement Official determines that a violation of
any provision of City Codes or this section is occurring or exists,
the Official may issue a written compliance order, a cease and desist
order, or such other order to any person responsible for the violation.
b.
Any order issued pursuant to this section shall contain the following
information:
1.
The date and location of the violation;
2.
The Code section violated or a description of the violation;
3.
The actions required to correct the violation;
4.
The time period after which administrative penalties will begin to
accrue if compliance with the order has not been achieved;
5.
Either a copy of this section or an explanation of the consequences
of noncompliance with this section and a description of the hearing
procedure and appeal process.
[Ord. #03-03, § 8.20.11]
a.
Where any provision of this section requires the service of any notice
or order, unless different provisions herein are otherwise specifically
made, such notice may be given either by personal delivery thereof
to the person to be notified or by deposit in the United States mail,
in a sealed envelope, postage prepaid, addressed to such person to
be notified at his or her last known business or residence address
as the same appears in the public records or other records pertaining
to the matter to which such notice is directed. Service by mail shall
be deemed to have been completed at the time of deposit in the mail.
b.
Where real property is involved, written notice shall be mailed to
the property owner at the address as shown on the last equalized county
assessment roll, unless such property is owned by the City of Albany.
c.
Where personal service or service by mail upon the property owner
is unsuccessful, a copy of the order shall be conspicuously posted
at the property which is the subject of the order.
d.
The failure of any person to receive any notice required under this
section shall not affect the validity of any proceedings taken under
this section.
[Ord. #03-03, § 8.20.12]
a.
If the Enforcement Official determines that all violations have been
corrected within the time specified in the compliance order, no further
action shall be taken.
b.
If full compliance is not achieved within the time specified in the
compliance order and its summary abatement is not undertaken, the
Enforcement Official shall refer this matter to the City Clerk, who
shall set a hearing before the Hearing Board or such other body or
person so designated by the City Council to serve as a Hearing Board
or Hearing Officer. Nothing herein shall prohibit the City Council
from designating itself or members of the City Council to serve as
a Hearing Board.
The City Council may designate a person to serve as a fact finder
Hearing Officer, hereinafter referred to as fact finder. The fact
finder shall schedule and hold a hearing to receive all information
and thereafter present to the City Council a report and recommendations
based on the information presented at the hearing. The City Council
shall render such decision in the discretion after consideration of
the fact finder's report and such other additional information as
the City Council decides to have presented to it.
c.
The City Clerk, or designee, shall serve as Secretary to the Hearing
Board and shall cause a written notice of the hearing to be served
on the violator and, where real property other than real property
owned by the City is involved, a notice of hearing shall be served
on the property owner at the address as it appears on the last equalized
County assessment roll available on the date the notice is prepared.
[Ord. #03-03, § 8.20.13]
a.
Every notice of hearing on a compliance order shall contain the date,
time and place at which the hearing shall be conducted by the Hearing
Board.
b.
Each hearing shall be set for a date not less than fifteen (15) days
nor more than sixty (60) days from the date of the notice unless the
Code Enforcement Official determines that the matter is urgent or
that good cause exists for an extension of time.
c.
This hearing serves to provide the full opportunity of a person subject
to a compliance or cease and desist order to object to the determination
that a violation has occurred and/or that the violation has continued
to exist. The failure of any person subject to a compliance order,
pursuant to this section, to appear at the hearing shall constitute
a failure to exhaust administrative remedies.
[Ord. #03-03, § 8.20.14]
a.
At the place and time set forth in the notice of hearing, the Hearing
Board or Hearing Officer hereinafter referred to as "Board" shall
conduct a hearing on the compliance order issued pursuant to this
section.
b.
The Board shall consider any written or oral evidence consistent
with its rules and procedures regarding the violation and compliance
by the violator or by the real property owner.
d.
The Board shall issue written findings on each violation. The findings
shall be supported by evidence received at the hearing.
e.
If the Board finds by a preponderance of the evidence that a violation
has occurred and that the violation was not corrected within the time
period specified in the compliance order, the Board shall issue an
administrative order.
f.
If the Board finds that no violation has occurred or that the violation
was corrected within the time period specified in the compliance order,
the Board shall issue a finding of those facts.
[Ord. #03-03, § 8.20.15]
If the Board determines that a violation occurred which was
not corrected within the time period specified in the compliance order,
the Board shall issue an administrative order which imposes any or
all of the following:
a.
An order to correct, including a schedule for correction where appropriate;
b.
An order to discontinue, permanently or temporarily, the use of certain
activity at the subject property and to eliminate, lessen, or prevent
the continuation, exacerbation, or reoccurrence of the activity and/or
impacts of the activity which constitutes a public nuisance.
c.
An order authorizing the City to abate the nuisance where appropriate;
d.
Such other orders as deemed necessary to achieve compliance with
this section and all other laws and regulations.
e.
Administrative penalties;
f.
Administrative costs.
[Ord. #03-03, § 8.20.16]
a.
The Board may impose administrative penalties for the violation of
any provision of City Codes in an amount not to exceed a maximum of
one thousand ($1,000.00) dollars per day for each ongoing violation,
exclusive of administrative costs, interest and restitution for compliance
reinspections, for any related series of violations.
b.
In determining the amount of the administrative penalty, the Board
may take any or all of the following factors into consideration:
1.
The duration of the violation;
2.
The frequency, recurrence and number of violations, related or unrelated,
by the same violator;
3.
The seriousness of the violation;
4.
The good faith efforts of the violator to achieve compliance;
5.
The economic impact of the penalty on the violator;
6.
The impact of the violation on the community;
7.
Such other factors as justice may require.
c.
Administrative penalties imposed by the Board shall accrue from the
date specified in the compliance order and shall cease to accrue on
the date the violation is corrected as determined by the Code Enforcement
Official or the Board.
d.
The Board, in its discretion, may suspend the imposition of applicable
penalties for any period of time which:
e.
Administrative penalties assessed by the Board shall be due by the
date specified in the administrative order and shall accrue interest
at the maximum amount allowed under the law.
f.
Administrative penalties assessed by the Board are a debt owed to
the City and, in addition to all other means of enforcement, if the
violation is located on real property, may be enforced by means of
a lien against the real property on which the violation occurred.
g.
If the violation is not corrected as specified in the Board's order
to correct, administrative penalties shall continue to accrue on a
daily basis until the violation is corrected, subject to the maximum
set forth in this section.
h.
If the violator gives written notice to the Code Enforcement Official
that the violation has been corrected and if the Code Enforcement
Official finds that compliance has been achieved, that Official shall
deem the date the written notice was postmarked or personally delivered
to the Official or the date of the final inspection, whichever first
occurred, to be the date the violation was corrected. If no written
notice is provided to the Code Enforcement Official, the violation
will be deemed corrected on the date of the final inspection.
[Ord. #03-03, § 8.20.17]
a.
The Board shall assess administrative costs against the violator
when it finds that a violation has occurred and that compliance has
not been achieved within the time specified in the compliance order.
b.
The administrative costs may include any and all costs incurred by
the City in connection with the matter before the Hearing Board including,
but not limited to, costs of investigation, staffing costs incurred
in preparation for the hearing and for the hearing itself, costs for
all reinspections necessary to monitor or enforce the compliance order
or administrative order, and if applicable, the costs of abatement,
and attorneys' fees to the extent authorized by law. Any costs or
other charges not paid when due shall accrue interest at the maximum
rate allowed by law.
[Ord. #03-03, § 8.20.18]
Failure to pay the assessed administrative penalties and administrative
costs specified in the administrative order of the Administrative
Hearing Board may be enforced as:
[Ord. #03-03, § 8.20.19]
Any person aggrieved by an administrative order or decision
of the Hearing Board may obtain review of the administrative order
or decision in the Superior Court by filing with the court a petition
for writ of mandate in accordance with Section 1094.6 of the Code
of Civil Procedure of the State of California.
[Ord. #03-03, § 8.20.20]
The City may collect administrative penalties and costs by use
of all available legal means and remedies, including without limitation
recordation and foreclosure of a lien pursuant to this section, or
by means of alternative lien procedures authorized by City Codes or
State law.
[Ord. #03-03, § 8.20.21]
If the Enforcement Official determines that compliance has been
achieved after a compliance order has been sustained by the Board,
the Official shall file a report with the Board indicating that compliance
has been achieved.
[Ord. #03-03, § 8.20.22]
a.
If the Enforcement Official does not file a compliance report, a
violator who believes that compliance has been achieved may request
a compliance hearing before the Hearing Board by filing a request
for a hearing with the Secretary to the Board.
b.
The hearing shall be noticed and conducted in the same manner as
a hearing on a compliance order as provided in this section.
c.
The Board shall determine if compliance has been achieved and, if
so, when it was achieved.
[Ord. #03-03, § 8.20.23]
If ordered by the Board, and/or if undertaken pursuant to court
order, in addition to any other available legal or equitable remedies,
the City is authorized to abate a public nuisance by City staff or
private contract and the City and its agents are expressly authorized
to enter the premises for such purpose.
[Ord. #03-03, § 8.20.24]
a.
Whenever a nuisance is abated by City forces or private contract,
the costs and expenses of such abatement shall be charged against
the owner of the property or against the individual who is the subject
of the abatement proceeding.
b.
The Code Enforcement Official shall keep an accounting of all costs
and incidental expenses incurred by the City in connection with the
abatement of a public nuisance by City forces or private contract,
and shall submit an itemized report of abatement costs to the Board
and shall send a bill to the person or property to be charged. The
person so charged may file a protest with the City Clerk, who shall
schedule a protest hearing before the Hearing Board. The report of
abatement costs, and a notice of the time and place when a hearing
will be conducted by the Hearing Board to consider confirmation of
such report, shall be served by the Secretary to the Board or City
Clerk upon the property owner or person at least ten (10) days prior
to the scheduled date of the hearing. The Hearing Board, after the
hearing, shall adopt a statement confirming, discharging or modifying
the amount of costs.
c.
The failure of any person who has been served with notice pursuant
to this section to appear at the protest hearing shall constitute
a failure to exhaust administrative remedies.
[Ord. #03-03, § 8.20.25]
a.
Whenever the amount of any administrative penalty and/or administrative
cost imposed by the Board pursuant to this section in connection with
real property has not been satisfied in full within ninety (90) days
and/or has not been successfully challenged by a timely writ of mandate,
this obligation may constitute a lien or special assessment against
the real property on which the violation occurred.
b.
The lien provided herein shall have no force and effect until recorded
with the County Recorder. Once recorded, the resolution imposing the
lien shall have the force and effect and priority of a judgment lien
governed by the provisions of Section 697.340 of the Code of Civil
Procedure and may be extended as provided in Sections 683.110 to 683.220,
inclusive, of the Code of Civil Procedure.
c.
Interest shall accrue on the principal amount of the order or judgment
remaining unsatisfied pursuant to law.
d.
Prior to recording any such lien, the Code Enforcement Official shall
prepare and file with the City Clerk a report stating the amounts
assessed by the Board which remain due and owing.
[Ord. #03-03, § 8.20.26]
a.
Any person whose real property is subject to a lien as a result of
proceedings under this section may file a written protest with the
City Clerk within fifteen (15) days from the date of notice of lien.
b.
Each written protest or objection must contain a description of the
property in which the protesting party is interested and the grounds
of such protest or objection.
c.
The City Clerk shall fix a time, date and place for hearing any protests
or objections to the imposition of a lien by the City Council.
d.
The City Clerk shall cause written notice to be served on the property
owner not less than ten (10) days prior to the date set for the hearing.
e.
Following the hearing, any lien levied against real property shall
be approved by resolution of the City Council in the manner provided
herein.
[Ord. #03-03, § 8.20.27]
Following the adoption of a resolution by the City Council imposing
a lien, the City Clerk shall file the same as a judgment lien or tax
lien in the office of the County Recorder of Alameda, California.
The lien may carry such additional administrative charges as set forth
by resolution of the City Council.
[Ord. #03-03, § 8.20.28]
Once payment in full is received by the City for outstanding
penalties and/or costs, the City Clerk shall either record a notice
of satisfaction or provide the property owner or financial institution
with a notice of satisfaction so they may record this notice with
the office of the County Recorder. Such notice of satisfaction shall
cancel the City's lien.
[Ord. #03-03, § 8.20.29]
a.
Pursuant to Section 38773.1 of the Government Code, an administrative order for the collection of abatement costs or penalties may be levied by the City Council as a nuisance abatement lien against the property on which the nuisance was abated. In such event, notice of intent to record such lien shall be served upon the owner of the property, as shown by the latest available County assessment roll, in the same manner as service of a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4, Title 5, Part 2 of the Code of Civil Procedure. If the property owner, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in a newspaper of general circulation in the City.
b.
The notice shall specify the time, date and place for hearing any
protests or objections to the imposition of a lien by the City Council.
c.
Following the adoption of a resolution by the City Council imposing
the lien, the City Clerk shall cause the same to be recorded in the
office of the County Recorder of Alameda County, California, and from
the date of recording, the nuisance abatement lien shall have the
force, effect and priority of a judgment lien and shall continue in
effect until discharged by the City. The lien may carry such additional
administrative charges as set forth by resolution of the City Council.
d.
The nuisance abatement lien recorded pursuant to this subsection
shall identify the City as the agency for whose benefit the lien is
established, the amount of the lien, the date of the order for abatement
of the nuisance, the date of the order for collection of abatement
costs, the address, legal description and assessor's parcel number
of the property on which the lien is imposed, and the name and address
of the recorded owner of the property.
e.
The nuisance abatement lien may be foreclosed by an action brought
by the City for a money judgment. All costs and expenses relating
to the processing, recording and enforcement of the abatement lien,
including recording fees, noticing costs and attorneys' fees shall
be added to the amount of the lien and shall be secured thereby.
f.
Upon payment or other satisfaction of the abatement lien, a notice
of discharge shall be prepared and recorded by the City Clerk in accordance
with applicable provisions of this code and State law.
[Ord. #03-03, § 8.20.30]
a.
As an alternative to any other lien described in this section or
authorized by law, an administrative order for the collection of abatement
costs or penalties may be levied by the City Council as a special
assessment against the real property on which the violation occurred
pursuant to Section 38773.5 of the Government Code and applicable
provisions of this section. In such event, notice of intent to record
such lien shall be served upon the owner of the property if the property
owner's identity can be determined from the County Assessor's or County
Recorder's records, by certified mail not less than ten (10) days
prior to the time set for hearing. The notice shall specify that the
property may be sold after three (3) years by the Tax Collector for
unpaid delinquent assessments.
b.
A certified copy of the resolution imposing the lien shall be transmitted
to the County Tax Assessor and Tax Collector, whereupon the Tax Assessor
and Tax Collector shall add the amount of the lien as a special assessment
on the next regular bill for real estate taxes levied against the
property identified in the resolution. Thereafter, the special assessment
shall be collected at the same time and in the same manner as ordinary
municipal taxes are collected, and shall be subject to the same penalties
and the same procedure and sale in the case of delinquency as provided
by law for ordinary municipal taxes.
[Ord. #03-03, § 8.20.31]
The procedures set forth in this section are not exclusive and
do not, in any manner, limit or restrict the City in the enforcement
of other City ordinances or the abatement of public nuisances in any
manner provided by law. Nothing in this section shall limit or prevent
the City from initiating a criminal or civil action to abate a public
nuisance, in addition to, or as an alternative to administrative abatement
proceedings, or from recovering the costs and expenses of abatement
by means of an administrative or judicial proceeding, or by any other
remedy or procedure authorized by law. The provisions of this section
may be enforced by injunction issued by the Superior Court upon a
suit brought by the City.
