Atascadero Municipal Code Ch. 2 Administrative Citations

The following words and phrases shall, for the purpose of this chapter, have the meanings ascribed to them in this section:

"Administrative citation"

means the written notice provided to a responsible person to inform that person of a violation of this Code, its adopted codes, or applicable State Code.

"Enforcement officer"

means any officer or employee with the authority to enforce this Code, or applicable State Codes as provided in Section 12-2.02.

"Non-emergency health" or "safety violation"

means a violation of any building, plumbing, electrical or other similar structural or zoning ordinance which does not create an immediate danger to health or safety.

"Responsible person"

means any individual or legal entity who is the owner, tenant, co-tenant, lessee, sublessee, occupant or other person with any right to possession of the 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 18 years, who causes, permits or maintains a violation of this Code, its adopted codes, or applicable State Code.

(Ord. 460 § 4, 2004)

(a) Any responsible person violating any non-emergency health or safety violation provision of this Code, its adopted codes, 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 this 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 or portion thereof that a violation of the Municipal Code, adopted 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 an enforcement officer and shall be payable directly to the City of Atascadero, Administrative Services Office, located at 6905 El Camino Real, Suite #6, Atascadero, CA 93422.

(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 $100 for a first violation;

(2) A fine not exceeding $200 for a second violation of the same provision or permit within one year from the date of the first violation;

(3) A fine not exceeding $500 for each additional violation of the same ordinance or permit within one year from the date of the first violation.

(Ord. 460 § 4, 2004)

(a) The City Council hereby finds that there is a need for an alternative method of code enforcement to the traditional civil, criminal or administrative abatement actions, to effect compliance with the Municipal Code, adopted codes and applicable State Codes. The City Council further finds that an appropriate alternative method of enforcement for non-emergency health or safety 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, administrative abatement, or any other legal remedy established by law, which may be pursued to address violations of the Municipal Code, adopted codes or applicable State Codes.

(c) Use of this chapter shall be at the sole discretion of the City.

(Ord. 460 § 4, 2004)

(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:

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

i. The enforcement officer shall attempt to locate and personally serve the responsible person and, if possible, obtain the signature of the responsible person on the administrative citation.

ii. 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. Service by mail shall be sent to the responsible person's address as shown on public records or as known to the City. If the administrative 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 the first class mail is not returned.

(3) Service of Citation by Posting Notice. If the enforcement officer does not succeed in personally serving the responsible person, or by certified mail or regular mail, the enforcement officer may post the administrative citation at a conspicuous location 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. Service shall be deemed effective pursuant to posting on the date that it is actually posted.

(Ord. 460 §4, 2004)

(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) A description of the action required to correct the violation;

(4) 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);

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

(6) An explanation of how the fine shall be paid, the time period by which it shall be paid, and the place to which the fine shall be paid;

(7) An order prohibiting the continuation or repeated occurrence of the Code violation described in the administrative citation;

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

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

(Ord. 460 § 4, 2004)

(a) Upon receipt of an administrative citation, the responsible person must do the following:

(1) Pay the fine to the City within 15 calendar days from the correction date on the administrative citation. All fines assessed shall be payable to the City of Atascadero, Administrative Services Department. 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 corrective date provided on the administrative citation, no fine shall be imposed.

(b) If the responsible person fails to correct the violation(s) set forth in the administrative citation, 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 the rate specified in Section 12-2.02.

(Ord. 460 § 4, 2004)

(a) Any recipient of an administrative citation may contest that there was a violation of this Code or that he or she is the responsible person by completing a notice of appeal and request for hearing form and filing it at the City within 15 calendar days from the date of issuance of the administration citation, together with an advance deposit of the total amount of the fine, or the timely filing of a request for an advance deposit hardship waiver pursuant to Section 12-2.10. Any administrative citation fine, which 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.

(b) In addition to the requirements listed in subsection (a) of this section, any appeal of the administrative citation must include a detailed written explanation as to the grounds for appeal of the administrative citation.

(Ord. 460 § 4, 2004)

(a) The Atascadero City Manager shall designate the hearing officer for the administrative citation hearing. The hearing officer shall not be an Atascadero City employee.

(b) The employment, performance evaluation, compensation or benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.

(Ord. 460 § 4, 2004)

(a) No hearing to contest an administrative citation before a hearing officer shall be held unless and until a notice of appeal and request for hearing form has been completed and timely filed, and either the total amount of the fine has been timely deposited in advance with the City, or, as indicated on the notice of appeal and request for hearing form, that a request for an advance deposit hardship waiver has been timely filed pursuant to Section 12-2.10.

(b) The hearing before the hearing officer shall be set for a date that is not less than 15 and not more than 60 calendar days from the date that the notice of appeal and request for hearing form 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 10 calendar days prior to the date of the hearing.

(c) The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible person has caused, maintained or allowed the violation(s) of the Municipal Code, adopted code or other applicable State Code on the date(s) specified in the administrative citation.

(d) The 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 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 to the hearing officer for consideration at the hearing, then a copy of this report also shall be served by first class mail on the person requesting the hearing at least five days prior to the date of the hearing.

(h) At least 10 days prior to the date of 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 officer 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.

(j) The hearing officer is not required to provide transcriptions of hearings, but is required to make available tapes of hearings for a fee.

(Ord. 460 § 4, 2004)

(a) 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.

(b) The request shall be filed with the Administrative Services Department on a request for an advance deposit hardship waiver form, available from the Administrative Services Department, within five days of the date of the issuance of the administrative citation.

(c) The requirement of depositing the full amount of the fine as described in Section 12-2.07(a) shall be stayed unless or until the Director of Administrative Services makes a determination not to issue the advance deposit hardship waiver.

(d) The Director may waive the requirement for advance deposit only if the cited party submits to the Director a declaration under penalty of perjury, supported by evidence, that shows to the Director's satisfaction that the person is financially unable to deposit the total amount of the fine in advance of the hearing.

(e) If the Director determines not to issue an advance deposit hardship waiver, the cited party shall remit the deposit to the City within five days of the date of that decision or 15 days from the date of issuance of the administrative citation, whichever is later.

(f) The Director shall list his or her reasons for granting or not granting an advance deposit hardship waiver in writing and serve it on the cited party. The Director's decision is final.

(Ord. 460 § 4, 2004)

(a) After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within 10 days of the date of the hearing to uphold or cancel the administrative citation 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 should be upheld, then the City shall retain the fine amount on deposit with the City.

(c) If the hearing officer determines that the administrative citation should be upheld, and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set a fine payment schedule for the payment of the fine.

(d) If the hearing officer determines 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.

(e) The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision in the manner prescribed by Section 12-2.04 of this Code.

(Ord. 460 § 4, 2004)

(a) 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 City of Atascadero, Administrative Services Department to file a claim with the Small Claims Court. Alternatively, the City may pursue any other legal remedy to collect the civil fines.

(b) Any person who fails to pay to the City any fine imposed pursuant to this chapter on or before the date that fine is due also shall be liable for the payment of late payment charges in the amount of $25, plus interest at the maximum rate permitted by law.

(Ord. 460 § 4, 2004)

Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the San Luis Obispo County Superior Court in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4.

(Ord. 460 § 4, 2004)

(a) 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 Section 12-2.04 of this Code, where applicable.

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

(Ord. 460 § 4, 2004)

Statutory References