Auburn Municipal Code Title I General Provisions 10 Rules of Construction; General Penalty

11 CITY STANDARDS

10 RULES OF CONSTRUCTION; GENERAL PENALTY 10 General Provisions (Sections 10.01-10.23) 10 Administrative Enforcement (Sections 10.80-10.99)

10 General Provisions (Sections 10.01-10.23) 10.01 Title Of Code 10.02 Interpretation 10.03 Application To Future Ordinances 10.04 Captions 10.05 Definitions 10.06 Rules Of Interpretation 10.07 Severability 10.08 Reference To Other Sections 10.09 Reference To Offices 10.10 Errors And Omissions 10.11 Official Time 10.12 Reasonable Time 10.13 Ordinances Repealed 10.14 Ordinances Unaffected 10.15 Effective Date Of Ordinances 10.16 Repeal Or Modification Of Ordinance 10.17 Ordinances Which Amend Or Supplement Code 10.18 Section Histories; Statutory References 10.19 Notice; Proof Of Service 10.20 Maintenance Of Code 10.21 Violations; Imposition And Determination Of Penalty 10.22 Place Of Confinement 10.23 Limitation On Liability

This codification of ordinances by and for the City of Auburn, California, shall be designated as the Auburn Municipal Code and may be so cited.

Unless otherwise provided herein or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this code as those governing the interpretation of state law.

All provisions of Title I, compatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.

Headings and captions used in this code other than the title, chapter and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.

1. General rule .

1. Words and phrases shall be taken in their plain, ordinary and usual sense.

2. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

3. Specific definitions . For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CALENDAR YEAR . From January 1 through December 31 of any given year.

CITY, MUNICIPAL CORPORATION or MUNICIPALITY . The City of Auburn, California.

CODE, THIS CODE or THIS MUNICIPAL CODE . This municipal code, as modified by amendment, revision and adoption of new titles, chapters or sections.

COUNCIL . The City Council of the City of Auburn.

COUNTY . Placer County, California.

DAY . A calendar day unless otherwise expressed.

FISCAL YEAR . From July 1 of any given year through June 30 of the following year.

MAY . The act referred to is permissive.

MONTH . A calendar month.

OATH . An affirmation in all cases in which, by law, an AFFIRMATION may be substituted for an OATH , and in such cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED .

OFFICER, OFFICE, EMPLOYEE, COMMISSION or DEPARTMENT . An officer, office, employee, commission or department of the city unless the context clearly requires otherwise.

OWNER . Applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common or joint tenant of the whole or a part of the building or land.

PERSON . Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER , as applied to any unincorporated entity, shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.

PERSONAL PROPERTY . Includes money, goods, chattels, things in action and evidences of debt.

PRECEDING or FOLLOWING . Next before or next after, respectively.

PROPERTY . Both real and personal property.

QUARTERLY . When used to designate a period of time, shall mean the first 3 calendar months of any given year or any succeeding period of 3 calendar months.

REAL PROPERTY . Includes lands, tenements and hereditaments.

SHALL . The act referred to is mandatory.

SIGNATURE or SUBSCRIPTION . Includes a mark when the person cannot write.

STATE . The State of California.

STREET . Includes all streets, highways, avenues, boulevards, alleys, courts, places, squares or other public ways in the city which have been or may hereafter be dedicated and open to public use or other public property so designated in any law of the state.

SUBCHAPTER . A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have SUBCHAPTERS .

TENANT or OCCUPANT . Applied to a building or land, the terms shall include any person who occupies the whole or part of the building or land, whether alone or with others.

WRITTEN . Any representation of words, letters or figures, whether by printing or otherwise.

YEAR . A calendar year unless otherwise expressed; equivalent to the words YEAR OF OUR LORD .

The construction of all ordinances of the city shall be by the following rules unless the construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance:

1. AND or OR . Either conjunction shall include the other as if written "and/or," if the sense requires it.

2. Acts by assistants . When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, the requisition shall be satisfied by the performance of the act by an authorized agent or deputy.

3. Gender; singular and plural; tenses . Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.

4. General term . A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.

If any provision of this code, as now or later amended, or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.

Whenever, in 1 section, reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision.

Reference to a public office or officer shall be deemed to apply to any office, officer or employee of this city exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.

1. If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published.

2. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.

The official time, as established by applicable state/federal laws, shall be the official time within the city for the transaction of all municipal business.

1. In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice.

2. The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be Sunday, it shall be excluded.

This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.

All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.

1. Ordinances take effect 30 days after their final passage.

2. An ordinance takes effect immediately, if it is an ordinance:

   1. Relating to an election;

   2. For immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency, and is passed by a 4/5 vote of the City Council;

   3. Relating to street improvement proceedings;

   4. Relating to taxes for the usual and current expenses of the city; or

   5. Covered by particular provisions of law prescribing the manner of its passage and adoption.

• (Cal. Gov’t Code § 36937)

1. Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the ordinance repealing or modifying it becomes effective unless otherwise expressly provided.

2. No suit, proceedings, right, fine, forfeiture or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall in any way be affected, released or discharged, but may be prosecuted, enjoyed and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.

3. When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause or provision unless it is expressly provided.

1. If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.

2. Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In addition to the indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.

1. As histories for the code sections, the specific number and passage date of the original ordinance, and the amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-1960; Am. Ord. 15, passed 1-1-1970; Am. Ord. 20, passed 1-1-1980; Am. Ord. 25, passed 1-11985)

2. 1. If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: (Cal. Penal Code § 1212) (Ord. 10, passed 1-171980; Am. Ord. 20, passed 1-1-1985)

   2. If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information. Example:

This city shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.

Statutory reference :

Inspection of public records, see Cal. Gov’t Code §§ 6250 et seq .

3. If a section of this code is derived from the previous municipal code of the city published in 1973 and subsequently amended, the 1973 code section number shall be indicated in the history by “(1973 Code, § ).”

1. Whenever a notice is required to be given under this code, unless different provisions are otherwise specifically made in the code, the 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 the 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 the notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the Postal Service.

2. Proof of giving any notice may be made by the certificate of any officer or employee of the city or by affidavit of any person over the age of 18 years, which affidavit shows service in conformity with this code or other provisions of law applicable to the subject matter concerned.

1. 1. Not less than 3 copies of this code shall be filed for use and examination by the public in the office of the City Clerk.

   2. At least 3 additional copies, duly certified by the City Clerk, shall be maintained on file in his or her office as the official copies of the code.

   3. Additional copies of the code shall be distributed to the departments and divisions of the city as shall be prescribed by the City Manager.

2. Upon the adoption of any amendment or addition to this code or upon the repeal of any of its provisions, the City Clerk shall certify thereto and shall make an appropriate notation in the official volumes of this code of the taking of the action, noting the number and date of the ordinance pursuant to which the action is taken.

3. Duly certified copies of each ordinance making changes in the code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference.

4. At least quarterly the City Clerk shall cause the loose leaf pages of this code in which changes have been made to be reproduced, including the notation as to the ordinance number and date pursuant to which the change is adopted, and distributed in order that the loose leaf copies of the code, prepared for the use and convenience of the officers and employees of the city and the general public, may be brought up-to-date.

1. Prohibited acts . Whenever in this code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of the act or omission.

2. Imposition of penalty . The provisions of this code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described.

3. Determination of punishment . Whenever in this code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within the limits as may be prescribed by this code.

Every person found guilty of violating any of the provisions of this code and sentenced to imprisonment shall be imprisoned in the City Jail, County Jail or other authorized facility.

Any provision of this code establishing performance standards or establishing an obligation or duty to act or to refrain from acting by any officer or employee shall not be construed as creating a mandatory duty for the purposes of tort liability if the officer or employee fails to perform a directed obligation or duty.

(Ord. 13-02, eff. 2-13-2013)

10 Administrative Enforcement (Sections 10.80-10.99) 10.80 Purpose; Intent 10.81 Definitions 10.82 Notice Of Violation And/Or Abatement Order 10.83 Issuance Of Notice Of Violation And/Or Abatement Order 10.84 Authority To Inspect 10.85 Notice Of Pending Administrative Enforcement 10.86 Administrative Citations 10.87 Administrative Fines And Penalties 10.88 Contents Of Administrative Citation 10.89 Consideration In Other Proceedings And Applications 10.90 Issuance Of Administrative Citations 10.91 Amount Of Administrative Fines And Penalties 10.92 Payment Of Fines And Penalties 10.93 Request For Administrative Hearing 10.94 Administrative Hearing 10.95 Judicial Review 10.96 Collection Of Delinquent Fines And Penalties And Other Remedies 10.98 Wobbler 10.99 Penalty

The City Council determines that the enforcement of this code, any uniform or other code it adopts by reference, and any other ordinance of the city is an important public service and is vital to protecting the public. The City Council further determines there is a need for alternative methods of code enforcement in addition to other enforcement options available. This chapter is intended to promote the general health, safety and welfare of the public and provide uniform, fair, and efficient code enforcement.

(Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter the most reasonable application.

ABATEMENT . Correction of a nuisance. When the city acts to abate and/or issues an abatement order, ABATEMENT includes any and all steps taken by the city to correct a nuisance or violation of this code, including, but not limited to, investigation, hearings, imposition of fines and penalties, acquisition of warrants, entry and physical correction of violations, and collection of any and all fines, penalties and/or costs of whatever kind or nature.

ADMINISTRATIVE COST(S) . All costs incurred by or on behalf of the city regarding enforcement of this code, from the first discovery of the violation of this code through the appeal process and any court proceeding, and until compliance is achieved, including, but not limited to, staff time investigating the code violation, inspecting the property where the code violation occurred, acquisition of warrants, preparing investigative reports, sending notices of violations, administrative citations, and/or abatement orders, preparing for and attending any appeal or administrative hearing, collection of any and all fines, penalties, and/or costs of whatever kind and nature, and attorneys' fees.

APPELLANT . A responsible party who seeks an administrative hearing on a notice of violation, abatement order, and/or administrative citation in the manner required by this chapter.

CITY MANAGER . The City Manager or his or her designee.

CODE VIOLATION(S) . Any violation of this code or any other ordinance of the city, including any codes adopted by reference and any violation of any condition imposed upon issuing any permit, license, or other approval (e.g., subdivision map, use permit, variance, zoning clearance) under this code or any other ordinance of the city. CODE VIOLATION(S) shall also include a NUISANCE as defined in § 95.25 et seq. of this code.

ENFORCEMENT OFFICER . Any city employee or agent of the city with the authority to enforce any provision of this code designated by the City Manager.

HEARING AUTHORITY . The City Manager or his or her designee.

NOTICE OF VIOLATION . Any notice that informs a responsible party that a code violation has occurred as described in § 10.83, including, but not limited to, an abatement order.

RESPONSIBLE PARTY . Any of the following:

1. A party, who by action or inaction, causes, maintains, permits or allows a code violation;

2. A party, whose agent, employee, or independent contractor, by action or inaction, causes, maintains, permits or allows a code violation;

3. An owner, in whole or in part, of real property on which a code violation occurs;

4. A lessee or sublessee with the current right of possession of real property on which a code violation occurs;

5. A person that uses real property on which a code violation occurs;

6. An on-site manager who regularly works on real property on which a code violation occurs and who is responsible for the business or other activities on that real property;

7. The owners, majority stockholders, corporate officers, trustees, general partners and any other party with the authority to act for a legal entity that is a responsible person under divisions (1) through (6) of this definition;

8. If a party is a minor or incompetent, the parents or guardians of such party shall be deemed the responsible party; and

9. A RESPONSIBLE PERSON as that term is defined in § 95.26.

(Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

1. Whenever an enforcement officer determines that a code violation exists, the enforcement officer may issue a notice of violation and/or an abatement order to any responsible party. The notice of violation and/or abatement order shall include:

   1. A description of the condition creating or constituting the code violation(s) and the code section(s) or other ordinance(s) violated;

   2. The address where the code violation occurs;

   3. The name(s) of the responsible part(ies) and any other involved party known to the enforcement officer;

   4. The date, and if relevant, time at which the code violation was observed;

   5. If applicable, a list of any corrections to bring the property into compliance including, but not limited to, an abatement order;

   6. A description of the procedure for requesting an administrative hearing to contest the notice of violation and/or abatement order;

   7. A deadline by which to correct or abate the code violation;

   8. The signature of the enforcement officer issuing the notice of violation and/or abatement order; and

   9. The date the notice of violation and/or abatement order is issued.

2. The failure of a notice of violation or an abatement order to satisfy the requirements of this section shall not affect the validity of the notice of violation or abatement order or any other enforcement proceedings under this code.

3. Except as otherwise provided by law or any other ordinance of this city, an enforcement officer may issue an administrative citation without first issuing a notice of violation or an abatement order.

(Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

A notice of violation and/or an abatement order may be issued in 1 or more of the following ways:

1. An enforcement officer may personally serve the notice of violation and/or abatement order on the responsible party;

2. An enforcement officer may mail the notice of violation and/or abatement order to the responsible party by first-class mail to the last known address of the responsible party and/or to any address which the responsible party has used in dealings with the city; or

3. An enforcement officer may post a copy of the notice of violation and/or abatement order on the subject property in a conspicuous place for a property-related code violation and, in which case, the enforcement officer shall also mail a copy of the notice of violation and/or abatement order to the responsible party in the manner described in division (B) above.

(Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

Enforcement officers may enter upon any property or premises within the city as allowed by law to ascertain whether the provisions of this code are being obeyed, and to make any examination and surveys as may be necessary in the performance of their enforcement duties. These inspections may include the taking of photographs, samples, or other physical evidence. If an owner or occupant of property or his or her agent refuses to consent to entry and inspection, an enforcement officer may seek an administrative inspection warrant to enter the property or premises for any lawful purpose.

(Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

An enforcement officer may record with the Placer County Recorder a notice against a property which is the subject of an administrative enforcement action to give notice to potential transferees of the property of code violations thereon. A notice of pending administration action shall be on a form approved by the City Manager and shall describe the nature of the administrative action and refer to the code provision governing the pending administrative action.

(Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

If a responsible party violates this code or fails to correct a code violation within the time prescribed in a notice of violation and/or an abatement order, an enforcement officer may issue an administrative citation to each and every responsible party who knew or reasonably should have known of that notice of violation.

(Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

Any violation of a provision of this code, any code it adopts by reference, or other applicable law, may be subject to an administrative fine or penalty pursuant to this chapter. This also includes any violation of any condition imposed upon the issuance of any permit, license, or other approval (e.g., subdivision map, use permit, variance, zoning clearance, etc.) pursuant to this code.

1. Each and every responsible party regarding a code violation(s) is jointly and severally liable for all fines and/or penalties imposed for the code violation(s).

2. A code violation that exists for more than 1 day shall be considered a separate and distinct code violation for each and every day it exists. Each daily code violation may be subject to the maximum fine or penalty permitted under this chapter.

3. An administrative citation may charge a code violation for 1 or more days on which a code violation exists or existed and for violation of 1 or more code sections.

4. The administrative fines and penalties prescribed in this chapter are in addition to, and do not preclude imposition of, any other remedies, criminal, civil, or administrative, available to the city. Imposition of administrative fines or penalties shall be at the sole discretion of the enforcement officer.

(Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

1. An administrative citation shall include the following:

   1. A description of the condition creating the code violation(s) and the code section(s) or other ordinance(s) violated;

   2. The address where the code violation occurs;

   3. The name(s) of the responsible part(ies) and any other involved persons;

   4. The date and, if relevant, time at which the violation was observed;

   5. The amount and due date of the fine and/or penalty;

   6. A description of the procedure to pay the fine and/or penalty;

   7. A description of the procedure for requesting an administrative hearing to contest the administrative citation;

   8. If applicable, a list of any corrections to bring the property into compliance including, but not limited to, an abatement order;

   9. A deadline by which to correct or abate the code violation(s);

   10. A statement that any unpaid fines and/or penalties may be placed as a special assessment or lien against the property where a code violation occurs or occurred;

   11. The signature of the enforcement officer issuing the administrative citation;

   12. The date the administrative citation was issued;

   13. Any other information deemed necessary for enforcement or collection of the administrative fines and/or penalties.

2. An enforcement officer may issue an administrative citation in conjunction with a notice of violation and/or an abatement order.

3. The failure of an administrative citation to satisfy the requirements of this section shall not affect the validity of the administrative citation or any other enforcement proceedings under this code.

(Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

1. The City Council, the Planning Commission, the Historic Design Review Commission, any other board or commission of the city, and city staff may consider the fact that a responsible party has been issued a notice of violation, abatement order, and/or administrative citation when determining whether to grant, suspend, revoke, or deny any permit, license, or other approval, regarding a matter related to the condition causing the code violation, and may consider such notice of violation, abatement order, and/or administrative citation to be evidence that the responsible party has committed acts that threaten the health, safety, and welfare of the general public.

2. The City Council, the Planning Commission, the Historic Design Review Commission, any other board or commission of the city, and city staff may impose a moratorium on issuing new, renewed, or revised permits, licenses, or other approvals to a responsible party pending satisfactory resolution of a notice of violation, abatement order, and/or payment of an administrative citation.

(Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

An administrative citation may be issued in 1 or more of the following ways:

1. An enforcement officer may personally serve the administrative citation on the responsible party. The responsible party is required to sign a copy of the administrative citation showing his or her receipt, but his or her failure to do so shall have no effect on the enforcement of the administrative citation.

2. An enforcement officer may mail the administrative citation to the responsible party by first-class mail to the last known address of the responsible party and/or to any address which the responsible party has used in dealings with the city.

3. An enforcement officer may post a copy of the administrative citation on the subject property in a conspicuous place for a property-related code violation and, in which case, the enforcement officer shall also mail a copy of the administrative citation to the responsible party in the manner described in division (B) above.

(Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

1. For code violations that would otherwise be an infraction, administrative fines shall not exceed $100 for a first violation, $200 for a second violation of the same code section within 1 year, and $500 for each additional violation of the same code section within 1 year.

2. For code violations of local building and safety codes, administrative fines shall not exceed $100 for a first violation, $500 for a second violation of the same provision within 1 year, and $1,000 for each additional violation of the same provision within 1 year of the first violation.

3. If the code violation pertains to building, plumbing, electrical, mechanical or other similar structural or zoning issues and does not pose an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, the responsible party shall be provided a notice of violation including not less than 15 days in which to abate or otherwise correct the code violation(s) prior to the imposition of an administrative fine or penalty. The determination of timely compliance, abatement, mitigation or elimination of the code violation shall be made by the enforcement officer or other authorized city official.

4. Any code violation may be subject to an administrative penalty not exceeding $1,000 per violation.

5. Administrative fines and/or penalties not paid prior to their due date shall result in the imposition of a penalty and interest for every day of delinquency, as set forth in a resolution of the City Council.

6. Each responsible party may be charged with a separate offense for each and every day during any portion of which any code violation is committed, continued or permitted by such responsible party.

(Ord. 06-5, eff. 7-27-2006; Am. Ord. 18-05, passed 6-25-2018)

1. All fines and penalties are due on the day specified in the notice of violation, abatement order, and/or administrative citation.

2. Fines and penalties shall be payable to the city at City Hall, 1225 Lincoln Way, Auburn, CA 95603, or to a collection agency if the fine and/or penalty has been assigned to a collection agency. Payment may be made by credit card, or by mailing the fine and/or penalty amount paid by check or money order to the City Clerk at the same address. Cash payments may only be made in person at the same address.

3. Payment of a fine or penalty pursuant to this chapter shall not excuse or discharge any continued or repeated code violation.

4. Pending an administrative hearing by a hearing officer, payment of a fine and/or penalty may be stayed if the City Manager determines, pursuant to § 10.93, that a responsible party is unable to pay the fine and/or penalty.

(Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

1. A responsible party to whom a notice of violation, abatement order, and/or an administrative citation is issued may request an administrative hearing within 15 days of the issuance of the notice of violation, abatement order, and/or administrative citation. Failure to timely request an administrative hearing in the manner required by this chapter constitutes a waiver of the administrative hearing and a failure to exhaust administrative remedies.

2. A request for an administrative hearing shall be made in writing and filed with the City Clerk at City Hall, 1225 Lincoln Way, Auburn, CA 95603, and shall state all grounds for appeal which the appellant wishes the city to consider.

3. At the time of submitting the request for an administrative hearing, the appellant requesting the administrative hearing shall pay a deposit of any fine and/or penalty imposed by a notice of violation, abatement order, and/or an administrative citation, in the event the fine and/or penalty has not yet been paid. No request for an administrative hearing shall be accepted without payment of the deposit of the fine and/or penalty amount at the time the administrative hearing request is filed. The city may waive or defer the administrative hearing fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with a notice of violation and/or abatement order, and other factors indicating good faith attempts to comply.

4. Enforcement of a notice of violation, abatement order, and/or an administrative citation shall be stayed during the pendency of an administrative hearing therefor which is properly and timely filed, unless a stay would jeopardize public health, safety, or welfare.

5. An appellant may request 1 continuance of an administrative hearing provided he or she does so in writing before the date of the administrative hearing and states a reasonable basis for the request. Unless the city issues a written notice of continuance, the administrative hearing shall take place on the date, time and location specified in a notice of administrative hearing issued to the appellant. An appellant's failure to attend an administrative hearing shall constitute an abandonment of the request for an administrative hearing and a failure to exhaust administrative remedies.

6. Unless otherwise required by the California Building Code, an adopted uniform code, or other provision of law, administrative hearings shall be conducted and heard by a hearing officer.

(Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

1. The administrative hearing shall be conducted by the hearing officer on the date, time, and location specified in the notice of hearing transmitted to the appellant. Notice(s) of violation, abatement order(s), administrative citation(s), and other reports prepared by an enforcement officer concerning a code violation(s) shall be accepted by the hearing officer as prima facie evidence of the facts stated in such documents. The hearing officer shall allow the appellant an opportunity to testify at an administrative hearing and to present evidence about any code violation specified in the notice of violation, abatement order, and/or administrative citation. The enforcement officer or other representatives of the city may, but are not required to, attend the administrative hearing.

2. The hearing officer may continue an administrative hearing from time to time and allow an appellant additional time to remedy a code violation. In addition, the hearing officer may request additional information or evidence from the appellant.

3. An administrative hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence may be admitted if it is evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule

that might consider such admission improper in a civil or criminal proceeding. Irrelevant or unduly repetitious evidence shall be excluded.

4. After considering all testimony and evidence submitted at the administrative hearing, the hearing officer shall issue a written decision to affirm, modify or dismiss the notice(s) of violation, abatement order(s), and/or administrative citation(s). The decision shall include the hearing officer's findings, as well as information regarding the appellant's right to seek judicial review of the decision and the time in which to do so. The city shall issue the appellant a copy of the hearing officer's written decision (the "notice of decision"). The decision of the hearing officer shall be final. If the hearing officer determines that the notice(s) of violation, abatement order(s), and/or administrative citation(s) should be affirmed, the fine and/or penalty amount on deposit with the city, if any, shall be retained by the city.

(Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

An appellant may seek judicial review of a hearing officer's decision by filing a petition for review with the superior court, pursuant to Cal. Gov't Code § 53069.4, within 20 days after service of the notice of decision on appellant. For purposes of this section SERVICE means personal service or deposit in the mail, first-class, postage prepaid, and return receipt requested to the last known address of the appellant and/or to any address which the appellant has used in dealings with the city.

(Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

1. The city may pursue any and all legal and equitable remedies for the collection of fines, interest, administrative costs and attorney's fees incurred. Resort to any 1 remedy shall not foreclose subsequent or simultaneous resort to any other.

2. The city may seek to enforce any notion of violation, abatement order, administrative citation, fine, penalty, interest, administrative costs, and attorney's fees by confirmation from a court of competent jurisdiction. Any of such judicially confirmed may be enforced through all normal enforcement measures, including without limitation, criminal contempt proceedings upon a subsequent violation of such order.

3. Administrative costs may be recorded as a lien or special assessment against a property on which a code violation occurred. Prior to recording a lien or special assessment, the city shall prepare a cost report itemizing the amount owed by the responsible party and give known responsible party reasonable opportunity to be heard with respect to that cost report. The city shall comply with any other law applicable to the recording of any delinquent costs and interest as a lien on the property, or as a special assessment.

4. The notice of violation, abatement order, and administrative citation procedures described in this chapter do not preclude the city from recovering any code violation abatement costs and/or administrative costs incurred by the city in performing its code enforcement efforts.

5. A prevailing party shall be entitled to recover attorney's fees in an amount not to exceed the amount of attorney's fees incurred by the city in such action. Recovery by the city of administrative costs shall be in addition to any fine or penalty imposed on the responsible party.

(Ord. 06-5, eff. 7-26-2006; Am. Ord. 18-05, passed 6-25-2018)

Any person violating any provision or failing to comply with any mandatory requirements of this Code shall be guilty of a misdemeanor except (1) where a violation of this Code is expressly stated to be an infraction or (2) the prosecuting attorney determines to prosecute a violation which would otherwise be a misdemeanor as an infraction in the interests of justice.

(Ord. 08-01, eff. 1-14-2008; Am. Ord. 18-05, passed 6-25-2018)

1. Violations misdemeanors or infractions .

   1. It shall be unlawful for any person to violate any provisions or to fail to comply with any of the requirements of this code or the provisions of any code adopted by reference by this code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code shall be guilty of a misdemeanor or an infraction as designated by, and provided for, in Cal. Penal Code §§ 16, 17, 19.6, and 19.7 and as expressly specified in Cal. Vehicle Code §§ 40000.1 et seq. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code, or the provisions of any code adopted by reference by this code, is committed, continued, or permitted by the person and shall be punishable accordingly.

   2. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than $1,000, or by imprisonment in the County Jail for a period not exceeding 6 months, or by both the fine and imprisonment.

   3. Any person convicted of an infraction under the provisions of this code shall be punishable for a first conviction by a fine of not more than $100, for a second conviction within a period of 1 year by a fine of not more than $200 and for a third or any subsequent conviction within a period of 1 year by a fine of not more than $500.

   4. In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of this code, or the provisions of any code adopted by reference by this code, or any subdivision, building, wiring, plumbing or other similar activity in violation of the provisions of this code shall be deemed a public nuisance and may be summarily abated by the city in a civil action, and each day such condition continues shall be a new and separate offense.

(1973 Code, § 1-2.01)

2. Prohibited acts . Whenever in this code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of the act or omission.

(1973 Code, § 1-2.02)

3. Imposition of penalty . The provisions of this code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described.

(1973 Code, § 1-2.03)

4. Determination of punishment . Whenever in this code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within the limits as may be prescribed by this code.

(1973 Code, § 1-2.04)

5. Place of confinement . Every person found guilty of violating any of the provisions of this code and sentenced to imprisonment shall be imprisoned in the County Jail.

(1973 Code, § 1-2.05)

6. Fees, charges, licenses and taxes made a civil debt . The amount of any fee, service charge, utility charge, license or tax of any nature whatsoever imposed by any provision of this code shall be deemed a civil debt owing to the city. Any action may be commenced in the name of the city in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license or tax, together with any penalties applicable thereto as prescribed by this code. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this code or by law for the purpose of enforcing the provisions thereof.

(1973 Code, § 1-2.06)

7. Violation of administrative provisions . The violation of any administrative provisions of this code by any officer or employee of the city may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office or board within the meaning of the rules and regulations of the city or of the civil service regulations of the city.

(1973 Code, § 1-2.07)

11 CITY STANDARDS

• 11 Official Seal (Section 11.01) 11 Appeals (Sections 11.15-11.18)

11 Official Seal (Section 11.01)

1. A seal is hereby adopted for the city which shall be engraved with the following inscription: "City of Auburn, Placer County, California, Incorporated May 2, 1888."

2. The center of the seal shall have a design consisting of mountain peaks and foothills in the background, a railway train in the middle and a street with houses in the foreground.

(1973 Code, § 2-5.01) (Ord. 651, eff. 6-20-1974)

11 Appeals (Sections 11.15-11.18)

1. Except where an appeals procedure is otherwise specifically set forth in this code, any person excepting to the denial, suspension or revocation of a permit applied for or held by him or her pursuant to any of the provisions of this code, or to any administrative decision made by any official of the city, if the

denial, suspension or revocation of the permit or the determination of the administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code, may appeal in writing to the Council by filing with the City Clerk a written notice of the appeal, setting forth the specific grounds thereof.

2. No appeal may be taken to any such administrative decision made by an official of the city pursuant to the provisions of this subchapter unless the decision to appeal has been first taken up with the department head concerned.

3. No right of appeal to the Council from any administrative decision made by an official of the city pursuant to any of the provisions of this code shall exist when the decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code, whether the administrative decision involves the denial, suspension or revocation of a permit or any other administrative decision.

(1973 Code, § 104.01)

The appellant shall file a notice of appeal with the City Clerk within 14 days after the receipt of the notice of the administrative decision concerned.

(1973 Code, § 104.02)

Upon the filing of the notice of appeal in proper form, the City Clerk shall place the matter on the Council agenda for the next regular meeting of the Council which will be held at least 5 days after the date of the filing of the notice of appeal. Except in cases of emergency when the Council may determine the matter immediately, the Council shall set the matter for hearing at a subsequent meeting, but in no event later than 30 days after the date of the filing of the notice of appeal with the City Clerk. The City Clerk shall cause a written notice of the hearing to be given to the appellant not less than 5 days prior to the hearing unless the notice is waived in writing by the appellant.

(1973 Code, § 104.03)

At the hearing required by the provisions of § 11.17, the appellant shall show cause on the grounds set forth in the notice of appeal why the action appealed from should not be approved. The Council may continue the hearing from time to time and its findings on the appeal shall be final and conclusive in the matter.

(1973 Code, § 104.04)