Chapter 5 — CITATION PROCEDURE

Section

1-5.01 State code violations

1-5.02 Municipal code violations

1-5.03 Administrative citations; issuance

1-5.03.1 Vector abatement

1-5.04 Administrative citations; contents

1-5.05 Administrative review

1-5.06 Fines; amounts

1-5.07 Fines; due dates

1-5.08 Fines; payments

1-5.09 Collection of unpaid fines and late penalties; special assessment lien procedures

Cross-reference:

General misdemeanor penalty provisions, see §§ 1-2.01 et seq.

The provisions of any and all state laws relating to the issuance of citations and/or arrest are hereby adopted and made a part of this chapter as though fully set forth herein.

(Ord. 999-C-S, passed 9-10-02)

In addition to the other remedies provided in this code and in state law for violations of this code, there is hereby established a procedure for the imposition of administrative fines and penalties, hereafter referred to as "fines." At the discretion of the relevant enforcement officer, this chapter may be used for the enforcement of any section or provision of this code.

(Ord. 999-C-S, passed 9-10-02)

All police officers, the City Attorney, the Neighborhood Improvement Coordinator, Code Enforcement Officers, Animal Control Officers, Community Service Officers, employees authorized to inspect and monitor for stormwater discharge compliance, and any other position designated by the City Manager in writing, are authorized to issue administrative citations. Animal Control Officers may issue citations only regarding Title 6, Chapter 1 of this code. Stormwater compliance employees may issue citations only regarding Title 6, Chapter 9 of this code. Administrative citations may be issued for the enforcement of any section or provision of this code. Such citations may be issued to individuals, to the owners of real property, to the owners of businesses, to the owners of vehicles, or to such other person, firm, or entity irrespective of corporate form or organization, which is responsible for the violation or has the ability to correct it.

(Ord. 999-C-S, passed 9-10-02)

Field employees of the Contra Costa Mosquito and Vector Control District are authorized, in addition to city employees, to issue administrative citations on behalf of the city pursuant to division (FF) of § 5-1.201 relative to committing or maintenance of a public nuisance. Such district employees are also authorized to summarily abate vector-related public nuisances pursuant to §5-1.314.

(Ord. 1030-C-S, passed 8-10-04)

Administrative citations shall be issued on forms approved by the City Attorney. Each citation shall indicate, at a minimum, the following information:

(A) The name of the person or entity to whom the citation is issued;

(B) The address or location where the violation is observed;

(C) The section of this code that is being violated;

(D) The date by which an administrative review of the citation must be sought before the administrative fine becomes final;

(E) The procedure for seeking administrative review of the citation;

(F) The amount of the administrative fine;

(G) The manner of payment of the administrative fine;

(H) If the citation is issued for violation of zoning, building, plumbing, electrical or similar structural or zoning issues that do not relate to immediate danger to health or safety, a reasonable time shall be designated for compliance, not to exceed 30 calendar days, prior to the imposition of administrative fines or penalties. The manner of requesting a re-inspection shall be described on the citation.

(Ord. 999-C-S, passed 9-10-02)

(A) A panel of at least three members of the Board of Administrative Appeals shall constitute the "Administrative Review Panel" ("ARP"). The ARP shall be available, at such times as the ARP shall determine, to review the issuance of citations and the proposed imposition of administrative fines. The ARP shall conduct an informal administrative hearing, without the use of the formal rules of evidence, to determine whether the citation was properly issued as a result of a code violation, whether more time should be granted for compliance, and whether the amount of the proposed administrative fine should be reduced or waived. At the administrative hearing, a copy of the city's document or instrument, file, photographs, or other written material shall be admitted as prima facie evidence of the facts stated therein, and it shall not be required to have the issuing employee attend the administrative hearing. An appellant must achieve a majority vote of the ARP members present in his or her favor to win the appeal.

(B) In the case of an appeal of an administrative citation, an advance deposit in the full amount of the fine imposed by the administrative citation shall be submitted with the written appeal request. Upon receiving a request for an administrative hearing, the ARP or its designee shall notify the requesting party in writing of the time, date and place of the administrative hearing. Such hearing may be continued from time to time for good cause but not to exceed a maximum of 60 days from the initial hearing.

(C) Decisions shall be made by majority vote of the ARP, which may be taken and announced subsequent to the hearing. The decision of the ARP shall be final and conclusive for the city as to the imposition of the administrative fine. The ARP or its designee shall notify the person or entity to which the citation was issued in writing as to the decision regarding the matter, including whether the advance deposit collected pursuant to division (B) of this section, or a portion thereof, is forfeited as payment of the administrative citation or all or a portion thereof will be returned, notifying the appellant of the deadline for payment of any fine or penalty not already collected in advance, and giving notice of the opportunity for judicial review pursuant to Cal. Gov’t Code § 53069.4.

(D) Any person who requests an administrative review of an administrative citation and is unable to make the advance deposit of the fine required under division (B) of this section may file an advance deposit hardship waiver application.

(1) Such hardship waiver shall be filed with the city on an advance hardship waiver application, along with the written request for administrative review. The city shall not grant the hardship waiver unless the party seeking review submits a sworn declaration under penalty of perjury, together with supporting documentation, which supports his or her financial inability to deposit with the city the full amount of the fine in advance of the hearing. Such documentation includes, but is not limited to, a copy of the person's prior tax year federal or state tax returns showing adjusted gross income, evidence he or she is currently receiving Social Security disability income (SSI), public assistance, unemployment insurance, or similar fixed and limited sole source income.

(2) The city shall issue a written determination of its reasons to either grant or deny the hardship waiver. The written determination shall be served on the applicant by regular first class mail at the

address provided in the hardship waiver application and such determination shall be final and not subject to appeal.

(3) If the city determines that the advance deposit hardship waiver is denied, the cited party shall remit the advance deposit to the city within seven days of the date of the city's notice of denial of the waiver. Failure to submit the advance deposit within the seven-day deadline shall constitute a withdrawal of the request for administrative review.

(Ord. 999-C-S, passed 9-10-02; Am. Ord. 1082-C-S, passed 11-28-06; Am. Ord. 2022-C-S, passed 2-10-09)

(A) The maximum amount of administrative fines authorized in this chapter for violations of the Municipal Code deemed to be infractions shall be as follows:

(1) $100 for the first violation;

(2) $100 for a repeat violation of the same ordinance occurring within one year of the issuance of a notice of a violation when a citation was not issued;

(3) $200 for the second violation of the same ordinance occurring within one year of a citation; and

(4) $500 for the third and subsequent violation of the same ordinance occurring within one year of a citation.

(B) The maximum amount of administrative fines authorized in this chapter for violations of the Municipal Code deemed to be misdemeanors shall be as follows:

(1) $100 for the first violation;

(2) $100 for a repeat violation of the same ordinance occurring within one year of the issuance of a notice of a violation when a citation was not issued;

(3) $500 for the second violation of the same ordinance occurring within one year of a citation;

(4) $1,000 for the third and subsequent violation of the same ordinance occurring within one year of a citation.

(C) Notwithstanding the above, a violation of the local building and safety codes determined to be an infraction is punishable by a fine not exceeding $130 for a first violation; a fine not exceeding $700 for a second violation of the same ordinance within one year; a fine not exceeding $1,300 for each additional violation of the same ordinance within one year of the first violation.

(1) A fine not exceeding $2,500 for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the

time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

(D) A 10% late payment fee shall be imposed on any fine that is not paid within 30 days of the issuance of the citation.

(Ord. 999-C-S, passed 9-10-02; Am. Ord. 1082-C-S, passed 11-28-06; Am. Ord. 2099-C-S, passed 3-10-15; Am. Ord. 2138-C-S, passed 3-13-18; Am. Ord. 2159-C-S, passed 1-8-19)

Fines authorized by this Chapter shall be imposed and shall be due and payable as follows:

(A) Upon the date indicated in the citation and no request for an administrative review has been received; or

(B) If administrative review is requested, upon the date indicated by the decision of the ARP; or

(C) Upon filing a request for administrative hearing as an advance deposit, or upon the date indicated by the decision of the ARP if a hardship waiver of the advance deposit was granted prior to the administrative hearing.

(Ord. 999-C-S, passed 9-10-02; Am. Ord. 1082-C-S, passed 11-28-06)

Fines shall be collected by the Customer Service division of the Finance Department and shall be credited to accounts as determined by the City Manager.

(Ord. 999-C-S, passed 9-10-02)

The city may collect any past due administrative citation fines or late payment charges by use of all available legal means, including, but not limited to, those means available for the collection of judgments, special assessment liens and all actions for recovery of money. The city may also recover its collection costs, including, but not limited to, reasonable attorneys' fees and court costs. Special assessment liens against property shall be applied when the administrative citation fine was issued for a violation directly connected to conditions or activities on the subject real property.

(A) On a periodic basis as determined by City Manager or his or her designee, the City Manager or his or her designee shall prepare and file with the City Clerk a report and assessment list which identifies all real property to which administrative citation fines have been imposed by the city pursuant to this code and for which the owner has not fully reimbursed the city within 30 days of the date of billing. The report and assessment list shall provide a description of the real property, the description of the code violation for which the administrative citation fines were imposed, including any exhibits evidencing the violation, the amount of administrative citation fines and late penalties, and the name and address of the property owner who is entitled to notice.

(B) Upon receipt of the report, the City Clerk shall post a notice of filing of the report in a conspicuous place in the City Hall, with said notice specifying the filing date of the report and assessment list and the time and place when and where the report and assessment list will be submitted to the Board of Administrative Appeals for hearing and confirmation. The City Clerk shall also mail by regular first class mail, postage fully prepaid, a notice to each property owner identified in the report and assessment, at the last known address of the property owner as listed in the county tax assessors or county property records. If, after diligent search, the owner of the property cannot be found, the notice shall be served by posting a copy thereof in a conspicuous location upon the property for a period of ten days. Said notice shall provide a description of the real property on which the violation existed, the nature of the violation, and the amount of the fines and late penalties and shall notify the owner that said fines and late penalties shall be assessed against the property unless objection is made by the owner in writing and submitted to the City Clerk at least two days before the hearing. The failure of any person to receive notice shall not affect the validity of any proceedings under this code.

(C) The notice shall also specify the time and place when and where the proposed assessment will be presented to the Board of Administrative Appeals for hearing and confirmation.

(D) Any owner who objects to the proposed assessment and who desires to challenge the proposed assessment at the hearing must submit any and all objections in writing to the City Clerk at least three days prior to the date of hearing. The failure of any owner to submit written objections to the City Clerk at least three days prior to the hearing shall constitute a waiver of any such objections and the matter may be placed on the consent calendar of the agenda for the Board of Administrative Appeals.

(E) At the time and place fixed for hearing and confirming the proposed assessments, the Board of Administrative Appeals shall consider the same. If no objection has been submitted and the matter placed on the consent calendar, then the Board of Administrative Appeals may make its decision on the documentation presented. If a hearing is conducted, only those persons who have submitted written objections to the City Clerk will be heard by the Board of Administrative Appeals. At the hearing, the Board of Administrative Appeals may correct, modify or eliminate any proposed assessment that the Board may deem factually incorrect. Thereafter, the Board of Administrative Appeals shall confirm each assessment and the amount thereof, as proposed or as corrected and modified, and order it assessed against the property. If the Board of Administrative Appeals orders that an assessment be assessed against the property, they shall also direct that the same be recorded on the tax assessment roll and thereafter the assessment shall constitute a special assessment and lien against the property. Judicial review of the order of the Board of Administrative Appeals may be made pursuant to Cal. Gov’t Code § 53069.4.

(F) The special assessment lien shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the city.

(Ord. 999-C-S, passed 9-10-02; Am. Ord. 1082-C-S, passed 11-28-06)