American Canyon Municipal Code Ch. 9.12 Administrative Citations

(A) The city council has determined that there is a need for an alternative method of enforcement for minor violations of the municipal code and applicable state codes. The city council has determined that an appropriate method of enforcement for minor violations is an administrative citation program as authorized by Government Code Section 53069.4.

(B) The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the municipal code or applicable state codes.

(C) The city council hereby finds and determines that enforcement of the American Canyon municipal code, other ordinances adopted by the city, conditions on entitlements and terms and conditions of city agreements are matters of local concern and serve important public purposes. Consistent with its powers as a general law, the city of American Canyon adopts this administrative citation program provision in order to achieve the following goals:

(1) To protect the public health, safety and welfare of the citizens of the city of American Canyon;

(2) To gain compliance with the municipal code and state codes, ordinances and regulations in a timely and efficient manner;

(3) To provide for an administrative process to appeal the imposition of administrative citations and fines;

(4) To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the municipal code, ordinances, agreements or terms and conditions on entitlements in the city of American Canyon; and

(5) To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system.

(D) Use of this chapter shall be at the sole discretion of the city.

Ord. 99-19 § 1, 2000

(A) "Responsible person" means any individual who is the owner or occupant of real property, owner or authorized agent of any business, company, or entity or the parent or the legal guardian of any person under the age of eighteen years, who causes or maintains a violation of the American Canyon municipal code, applicable state codes, or conditions to an entitlement.

(B) "Enforcement officer" means any officer or employee with the authority to enforce the American Canyon municipal code or applicable state codes, or conditions to an entitlement.

(C) "Hearing officers" means the planning commission of the city of American Canyon, and shall hear all appeals from an administrative citation as set forth in Section 9.12.070.

Ord. 99-19 § 1, 2000

(A) Any person violating any provisions of the American Canyon municipal code or applicable state code may be issued an administrative citation by an enforcement officer as provided in this chapter. A violation of this code includes, but is not limited to, all violations of the municipal code, the uniform codes adopted by the city council, failing to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this code.

(B) Section 1.24.010 provides that each day of violation constitutes a separate offense and may be separately punished and that fourth and subsequent violations may be prosecuted as a misdemeanor.

(C) A civil fine shall be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the American Canyon administrative services department.

(D) Fines for specific violations of the municipal code, conditions to entitlements or applicable state codes shall be assessed in the amounts specified by resolution of the city council, or where no amount is specified:

(1) A fine not exceeding one hundred dollars for a first violation;

(2) A fine not exceeding two hundred dollars for a second violation of the same ordinance or permit within one year from the date of the first violation;

(3) A fine not exceeding five hundred dollars for each additional violation of the same ordinance or permit within one year from the date of the first violation.

Ord. 2017-01 § 3, 2017

Ord. 99-19 § 1, 2000

An administrative citation on a form approved by the city manager may be

issued to the responsible person by an enforcement officer for violations of the municipal code, applicable state codes or conditions to an entitlement in the following manner:

(A) Personal Service. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. In the event the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or subsequent proceedings.

(B) Service of Citation by Mail. In the event the enforcement officer is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned.

(C) Service by Citation by Posting Notice. In the event the enforcement officer does not succeed in personally serving the responsible person, or by certified mail or regular mail, the enforcement officer shall post the administrative citation on any real property within the city in which the city has knowledge that the responsible person has a legal interest, and such posted shall be deemed effective service.

Ord. 99-19 § 1, 2000

Each administrative citation shall contain the following information:

(A) Date, approximate time and address or definite description of the location where the violation(s) was observed;

(B) The municipal or state code sections or conditions violated and a description of the violation(s);

(C) An order to the responsible person to correct the violations within the time specified and an explanation of the consequences of failure to correct the violation(s);

(D) The amount of the fine for the violation(s);

(E) An explanation of how the fine shall be paid and the time period by which it shall be paid;

(F) Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation; and

(G) The name and signature of the enforcement officer and, if possible, the signature of the responsible person.

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Upon receipt of an administrative citation, the

responsible person must do the following:

(A) Pay the fine to the city within fifteen days from the correction date of the administrative citation. All fines assessed are payable to the American Canyon city treasurer. Payment of a fine shall not excuse or discharge the failure to correct the violation(s), nor shall it bar further enforcement action by the city;

(B) Remedy the violation(s), if the violation(s) is of such a nature that it can be remedied. If the violation(s) is corrected before the date provided on the administrative citation no fine shall be imposed. If the responsible person fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at a rate specified in this chapter or by resolution of the city council.

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Any recipient of an administrative citation may contest

that there was a violation of the American Canyon municipal code, applicable state codes or conditions of an entitlement, or that he or she is the responsible person, by completing a request for hearing form and returning it to the city within fifteen days from the correction date of the administrative citation, together with an advanced deposit of the fine. Any administrative citation fine that has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.

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The city council designates the planning commission as the hearing officers for

the administrative citation hearing. To the extent practical and consistent with this chapter, appeal hearings shall be conducted on the evenings of regularly scheduled planning commission meetings.

Ord. 99-19 § 1, 2000

(A) No hearing to contest an administrative citation before the hearing officers shall be held unless and until a request for hearing form has been completed and submitted, and the fine has been deposited in advance.

(B) A hearing before the hearing officers shall be set for a date that is not less than fifteen and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter. 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.

(C) The hearing officers shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible person has caused or maintained the violation(s) of the municipal code or other applicable state codes or conditions to an entitlement on the date(s) specified in the administrative citation.

(D) The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

(E) The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

(F) The administrative citation and any additional documents submitted by the hearing enforcement officers shall constitute prima facie evidence of the respective facts contained in those documents.

(G) If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officers for consideration at the hearing, then a copy of this report also shall be served by mail on the person requesting the hearing at least five days prior to the date of the hearing.

(H) At least ten days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the enforcement officer. No other discovery is permitted. Formal rules of evidence shall not apply.

(I) The hearing officers may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

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(A) After considering all of the testimony and evidence submitted at the hearing, the hearing officers shall issue a written decision within ten days of the hearing to uphold or deny the administrative citation and shall list in the decision the reasons for rendering the decision. The decision of the hearing officers shall be final unless a request for judicial review is filed in accordance with the provisions of Section 9.12.120.

(B) If the hearing officers determine that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.

(C) If the hearing officers determine that the administrative citation should be canceled and the fine was deposited with the city, then the city shall promptly refund the amount of the deposited fine.

(D) The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision in the manner prescribed by the American Canyon municipal code.

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The failure of any person to pay the civil fines assessed by an administrative

citation within the time specified on the citation may result in the matter being referred to the American Canyon finance director to file a claim with small claims court. Alternatively, the city may pursue any other legal remedy to collect the civil fines. The city may also recover all costs associated with collecting any fines.

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Any person aggrieved by an administrative decision of the hearing officers

on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Napa County municipal court in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4.

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The administrative citation and all notices to be given by this chapter shall be served on the

responsible person in accordance with the provisions of this chapter and any applicable provisions of the American Canyon municipal code. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.

Ord. 99-19 § 1, 2000