Chapter 1.09 — ADMINISTRATIVE CITATIONS

A.

The city council hereby finds 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 further finds 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 Arvin 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 city, the city of Arvin 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 Arvin;

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 for 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 Arvin;

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. 335 §2(part), 2003).

A.

"Responsible person" shall mean 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 (18) years, who causes or maintains a violation of the Arvin Municipal Code or applicable state code.

B.

"Enforcement officer" shall mean any officer or employee with the authority to enforce the Arvin Municipal Code, or applicable state codes as provided in Chapter 1.12.

(Ord. 335 §2(part), 2003).

A.

Any person violating any provision of the Arvin 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.

Each and every day a violation of the municipal code or applicable state code exists constitutes a separate and distinct offense.

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 Arvin city treasurer's office.

D.

Fines 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 ($100.00) for a first violation;

2.

A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance or permit within one (1) year from the date of the first violation;

3.

A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance or permit within one (1) year from the date of the first violation.

(Ord. 335 §2(part), 2003).

A.

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 or applicable state code in the following manner:

Personal Service. In any case where an administrative citation is issued:

a.

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.

b.

If 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 of subsequent proceedings.

2.

Service of Citation by Mail. If 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.

3.

Service of Citation by Posting Notice. If the enforcement officer does not succeed in serving the responsible person by personal service, 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 posting shall be deemed effective service.

(Ord. 335 §2(part), 2003).

A.

Each administrative citation shall contain the following information:

1.

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

2.

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

3.

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);

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

5.

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

6.

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

7.

The name and signature of the enforcement officer and if possible the signature of the responsible person.

(Ord. 335 §2(part), 2003).

A.

Upon receipt of a citation, the responsible person must do the following:

1.

Pay the fine to the city within fifteen (15) days from the correction date of the administrative citation. All fines assessed shall be payable to the city of Arvin. 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.

2.

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 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 ordinance.

(Ord. 335 §2(part), 2003).

A.

Any recipient of an administrative citation and/or abatement order issued pursuant to Chapter 8, Article 12 may contest that there was a violation of the Arvin Municipal Code or other law or that he or she is the responsible person by completing a request for hearing form and returning it to the city within fifteen (15) days from the correction date of the administrative citation or date of issuance of the abatement order, together with an advanced deposit of any fine or abatement fee. Any administrative citation fine or abatement fee which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation or receiving the abatement order was not responsible for the

violation(s) or public nuisance or that there was no violation(s) as charged in the administrative citation or no public nuisance as claimed in the abatement order.

(Ord. 335 §2(part), 2003).

(Ord. No. 428, § 2, 12-15-2015)

A.

The Arvin city manager shall designate the hearing officer for the administrative citation and/or abatement order hearing. The hearing officer shall not be an Arvin city employee. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines or abatement orders upheld by the hearing officer.

(Ord. 335 §2(part), 2003).

(Ord. No. 428, § 3, 12-15-2015)

A.

No hearing to contest an administrative citation and/or abatement order before a hearing officer shall be held unless and until a request for hearing form has been completed and submitted and the fine and/or abatement fee has been deposited in advance.

B.

A hearing before the hearing officer shall be set for a date that is not less than fifteen (15) and not more than sixty (60) 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 (10) days prior to the date of the hearing.

C.

The enforcement hearing officer shall only consider evidence that is relevant as 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 code on the date(s) specified in the administrative citation and/or abatement order.

D.

The responsible person contesting the administrative citation and/or abatement order shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation and/or abatement order.

E.

The failure of any recipient of an administrative citation and/or abatement order to appear at the administrative citation and/or abatement order hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

F.

The administrative citation, if any, abatement order, if any and any additional documents submitted by the enforcement officer 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 and/or abatement order to the hearing officer for consideration at the hearing, then a copy of this report shall also be served by mail on the person requesting the hearing at least five (5) days prior to the date of the hearing.

H.

At least ten (10) days prior to the hearing, the recipient of an administrative citation and/or abatement order shall be provided with copies of the citations, abatement orders 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 officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation and/or abatement order prior to issuing a written decision.

(Ord. 335 §2(part), 2003).

(Ord. No. 428, § 4, 12-15-2015)

A.

After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within ten (10) days of the hearing to uphold or deny the administrative citation and/or administrative order and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final.

B.

If the hearing officer determines that the administrative citation and/or abatement order should be upheld, then the fine and/or abatement fee amount on deposit with the city shall be retained by the city.

C.

If the hearing officer determines that the administrative citation and/or abatement order should be canceled and the fine and/or abatement fee was deposited with the city, then the city shall promptly refund the amount of the deposited fine and/or abatement fee.

D.

The recipient of the administrative citation and/or abatement order shall be served with a copy of the hearing officer's written decision 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 of the city 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 post office.

(Ord. 335 §2(part), 2003).

(Ord. No. 428, § 5, 12-15-2015)

A.

The failure of any person to pay the civil fines assessed by an administrative citation or abatement order within the time specified on the citation may result in the matter being referred to the Arvin finance director to pursue any and all legal remedies to collect the civil fines and/or abatement order. The city may also recover its attorney's fees and collections costs according to proof.

(Ord. 335 §2(part), 2003).

(Ord. No. 428, § 6, 12-15-2015)

A.

Any person aggrieved by an administrative decision of a hearing officer on an administrative citation or abatement order may obtain review of the administrative decision by filing a petition for review with the Kern County Superior Court - South Division, Arvin/Lamont Branch in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4.

(Ord. 335 §2(part), 2003).

(Ord. No. 428, § 7, 12-15-2015)

A.

Except as otherwise specified in this chapter, the administrative citation and all notices to be given by this chapter shall be served on the responsible person 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 of the city 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 post office.

B.

Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.

(Ord. 335 §2(part), 2003).