Chapter 15 — ADMINISTRATIVE ENFORCEMENT OF CODE VIOLATIONS

Each violation of a provision of a code or ordinance shall be subject to an administrative fine and penalty pursuant to this chapter. The provisions of this chapter relating to administrative fines and penalties are in addition to all other remedies, criminal and civil, which may be pursued by the city to address a violation of a code or ordinance, and the administrative citation process described in this chapter does not preclude the city from penal or civil enforcement of a code or ordinance, nor from recovering code violation abatement costs incurred by the city under any applicable provision of law. The determination to issue an administrative citation in addition to or in lieu of any other available remedy shall be at the sole discretion of the city.

(Ord. 1282, passed 3-1-06)

For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CHIEF EXECUTIVE OFFICER. The city's Chief Executive Officer. When any provision of this chapter refers to the Chief Executive Officer, it shall be deemed to include any person designated by the Chief Executive Officer to undertake the action so delegated.

CODE or ORDINANCE. This code, any code or ordinance which has been adopted by the city by reference whether through this code or otherwise, any other city ordinance, and any condition of approval imposed upon any license, permit or other discretionary approval issued by the city pursuant to the authority of this code, any code or ordinance adopted by reference or any other city ordinance. When a reference is made to a code or ordinance, such reference applies to all amendments and additions thereto.

CODE VIOLATION. Any violation of a code or ordinance.

ENFORCEMENT OFFICER. Any individual designated by the Chief Executive Officer to enforce the provisions of a code or ordinance.

HEARING OFFICER. The Chief Executive Officer. The Chief Executive Officer may delegate the duties of hearing officer to a designee, including but not limited to a person retained on contract with the city, provided, however, that the choice of designee shall be consistent with all obligations of law relating to due process for the particular hearing to be held by such designee.

ISSUE. To give, mail, or post an administrative citation.

NOTICE OF VIOLATION. A notice issued to a responsible person of a code violation which does not create an immediate danger to the health, safety or welfare of the general public.

OWNER. As applied to a building or land includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, tenant by the entirety, co-partnerships of the whole or of a part of such building or land, or a person having an interest in community property as a member, or former member, of the community.

RESPONSIBLE PERSON. Any of the following:

(1) An individual who or legal entity which causes a code violation to occur.

(2) An individual or legal entity that, by his, her or its action or failure to act, maintains or allows a code violation to continue.

(3) An individual or legal entity whose agent, employee or independent contractor causes a code violation by his, her or its action or failure to act.

(4) An owner of, or a lessee or sublessee with the current right of possession of, real property on which a code violation occurs.

(5) An on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities at such premises.

(6) The owners, majority stockholders, corporate officers, trustees and/or general partners of a legal entity that is a responsible person under divisions (1) through (5) above.

(Ord. 1282, passed 3-1-06)

(A) Except as set forth in division (B) below, when a code violation does not create an immediate danger to the health, safety, or welfare of the general public, an enforcement officer shall provide a notice of violation to a responsible person prior to issuing an administrative citation. The notice of violation shall state that an administrative citation will issue if the code violation is not corrected or remedied within the period of time specified in the notice of violation. If the code violation pertains to building, plumbing, electrical or similar structural or zoning issues that do not create an immediate danger to health or safety, the period of time specified in the notice of violation shall be 14 days. Otherwise, the period of time shall be a reasonable period of time for the responsible person to correct or otherwise remedy the code violation, as determined by the enforcement officer. After the expiration of such time period, or any extension thereof authorized pursuant to § 15.04, if the enforcement officer determines that the code violation still exists, the enforcement officer may issue an administrative citation to that responsible person.

(B) Notwithstanding the provisions of division (A) of this section, if an enforcement officer determines after investigation that a code violation which does not create an immediate danger to the health, safety, or welfare of the general public exists on a property for which a notice of violation for the same code violation has been issued within the previous three months, the enforcement officer may issue an administrative citation without first issuing another notice of violation.

(C) When a code violation creates an immediate danger to the health, safety, or welfare of the general public, an enforcement officer may issue an administrative citation to a responsible person without first providing a notice of violation as set forth in division (A) of this section.

(D) After conducting an investigation, an enforcement officer may determine that a responsible person committed a code violation and may issue an administrative citation for the code violation whether or not the enforcement officer personally observed the creation of the circumstances which constitute the code violation.

(E) Each day a responsible person allows a code violation to exist shall be a separate violation and that responsible person shall be subject to a separate fine for each such day.

(F) An administrative citation may charge a code violation for one or more days on which a violation exists and may charge violation of one or more code sections.

(Ord. 1282, passed 3-1-06)

(A) A responsible person issued a notice of violation may request an extension of the correction period established by such notice of violation if that such request is filed with the City Clerk prior to the expiration of the original correction period together with evidence showing that the correction cannot be made within the established period.

Notwithstanding the filing of such a request, the correction period as so established shall remain in effect unless and until extended pursuant to this section.

(B) The City Clerk shall forward the request for extension to the Chief Executive Officer who may grant a reasonable extension of the period of time to correct such code violation if the evidence submitted establishes that the correction cannot be made within the established period. The decision to grant or deny the request for an extension shall be in writing and shall be final and non-appealable.

(Ord. 1282, passed 3-1-06)

• (A) Every administrative citation shall contain the following:

• (1) Name of the responsible person(s);

• (2) Date on which an inspection established the code violation(s);

• (3) The code section(s) violated;

• (4) Address where the code violation(s) occurred;

• (5) Description of the code violation(s);

• (6) The amount of the fine;

• (7) The date payment of the fine is required;

• (8) Procedures to pay the fine;

• (9) Procedures to request waiver of the deposit of the fine;

• (10) Procedures to request a hearing to contest the administrative citation;

• (11) Signature of the enforcement officer issuing the administrative citation; and

• (12) Date of issuance.

(B) A self-addressed envelope in which the responsible person may mail the fine to the city shall accompany the administrative citation.

• (Ord. 1282, passed 3-1-06)

An administrative citation may be issued by any of the following means:

(A) Personal service of the citation on the responsible person; the responsible person 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 citation; or

(B) Mailing the administrative citation by registered or certified mail, provided, however, that if such registered or certified mail is refused, the administrative citation may then be served by first class mail, to the owner(s) of the property on which the code violation occurred at the address(es) shown on the latest equalized assessment roll, or to the responsible person at the address of the property on which the code violation occurred; or

(C) If the code violation is property related, posting a copy of the administrative citation on the subject property in a conspicuous place, provided, however, that if the administrative citation is issued by posting, the enforcement officer shall also mail, by first class mail, a copy of the administrative citation to the property owner(s) at the address(es) shown on the latest equalized assessment roll, and, if the responsible person is other than the property owner, to the responsible person at the address of the subject property.

(Ord. 1282, passed 3-1-06)

(A) Administrative fines for code violations shall be established by resolution of the City Council. The schedule of fines may include escalating fine amounts for repeated code violations within specified periods of time.

(B) Administrative fines not paid prior to their due date shall be subject to a penalty and interest for every day of delinquency as established by resolution of the City Council.

(Ord. 1282, passed 3-1-06)

(A) A responsible person to whom an administrative citation is issued shall be liable for, and shall pay to the city, the fine specified in the administrative citation. Fines are due on the day specified in the administrative citation, unless payment is stayed pursuant to the provisions of division (D) of this section.

• (B) Payment shall be made:

(1) By mailing the envelope included with the administrative citation with first-class postage thereon and enclosing the fine amount paid by check or money order, or

(2) By cash, check or money order payment in person at City Hall.

(C) Payment of a fine or penalty pursuant to this chapter shall not excuse or discharge any continued or repeated code violation, nor affect the city's right to enforce any provision of a code or ordinance by any other means, including but not limited to, nuisance abatement proceedings.

(D) Pending a hearing by the hearing officer, payment of a fine may be stayed if a request by the responsible person for a waiver of the fine deposit, accompanied by a sworn affidavit that such responsible person is unable to deposit the fine required by the administrative citation, is filed with the city not less than five business days prior to the time the fine is due. The burden of proof of such inability to post the fine shall be on the responsible person. The Finance Director may stay the payment of the fine if, in his or her sole determination, such burden of proof has been met. The decision to stay payment of the fine is not appealable.

(Ord. 1282, passed 3-1-06)

(A) A responsible person may request a hearing on an administrative citation by filing a request for hearing with the City Clerk on a form established by the city.

(B) The request must be filed prior to the time provided in the administrative citation for payment of the fine or penalty, and shall include any grounds for the hearing which the responsible person wishes the city to consider. The request for hearing shall be accompanied by deposit of the fine imposed by the administrative citation, unless such deposit has been stayed pursuant to § 15.08(D).

(C) Notice of the date, time, and location of a hearing shall be given to the responsible person requesting the hearing by first class mail sent to the address specified in the request for the hearing not less than 15 days prior to the hearing date.

(D) Failure of the responsible person who requested the hearing to attend the hearing shall constitute an abandonment of the request for the hearing and shall be a bar to juridical review of the hearing officer's decision based upon a failure to exhaust administrative remedies.

(Ord. 1282, passed 3-1-06)

(A) The hearing shall be conducted by the hearing officer at the date, time and location specified in the notice of hearing.

(B) The enforcement officer shall provide all information relevant to the administrative citation to the hearing officer prior to the hearing date. If an enforcement officer submits a written report concerning the administrative citation to the hearing officer at least five days prior to the date of the hearing, a copy of such report shall be deposited in the United States mail, first class postage prepaid, addressed to the responsible person at the address set forth on such person's request for hearing. If a written report is submitted by an enforcement officer to the hearing authority less than five days prior to the date of the hearing, a copy of any written report shall be provided to the responsible person at the hearing. Failure of the responsible person to receive the report shall not invalidate the hearing.

(C) An administrative citation and any additional document submitted by the enforcement officer shall be accepted by the hearing officer as prima facie evidence of the facts stated in such document(s).

(D) The hearing officer shall allow the responsible person an opportunity to testify at the hearing and to present evidence concerning the administrative citation, including but not limited to the code violation specified in the administrative citation, efforts to correct the code violation, and any financial hardship.

(E) The enforcement officer or any other representatives of the city shall not be required to attend the hearing. The hearing officer shall not require that the enforcement officer submit any evidence other than a copy of the administrative citation. Notwithstanding the foregoing, the enforcement officer and/or other city representative(s) may, but need not, appear at the hearing and/or submit additional evidence at the hearing.

(F) The hearing officer may continue a hearing from time to time. The hearing officer may request additional information or evidence from the responsible person who filed the request for hearing prior to issuing a decision. The hearing officer may allow the responsible person additional time to correct the code violation prior to rendering his or her decision.

(G) All hearings shall be recorded on a video or audio device, unless the city elects to use a court reporter. The city need not provide transcriptions of any hearings. All audio and video recordings are public records, available pursuant to the city's established provisions regarding public records. If a court reporter is used, the responsible person who requested the hearing may obtain a copy of the transcript upon payment to the court reporter of any applicable fees or costs.

s to use a court reporter. The city need not provide transcriptions of any hearings. All audio and video recordings are public records, available pursuant to the city's established provisions regarding public records. If a court reporter is used, the responsible person who requested the hearing may obtain a copy of the transcript upon payment to the court reporter of any applicable fees or costs.

(H) A hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence shall 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 which might consider such evidence improper in a civil action. Oral evidence shall be taken only on oath or affirmation. Irrelevant or unduly repetitious evidence shall be excluded.

(I) After considering all testimony and evidence submitted at the hearing, within ten days of the hearing, the hearing officer shall issue a written decision to affirm, modify, or dismiss the administrative citation. The decision shall include the hearing officer's findings, as well as information regarding the responsible person's right to seek judicial review of the decision and the time in which to do so. The decision of the hearing officer shall be the final administrative order or decision of the city and is non-appealable.

(J) The decision of the hearing officer shall be served on the responsible person by mailing a copy thereof to the responsible person at the address indicated on the hearing request form. Service shall be deemed complete five days after deposit of such copy in the United States mail, first class postage prepaid.

(K) If the hearing officer determines that the administrative citation should be affirmed, the amount on deposit with the city shall be retained by the city. If the hearing officer modifies the administrative citation in such a manner as to decrease the fine and/or any interest and/or penalties on deposit with the city, any amount on deposit which is in excess of the amount affirmed by the hearing officer shall be returned to the responsible person who filed the hearing

request form. If the hearing officer determines that the administrative citation should be canceled, the city shall promptly refund the amount of any deposited fine.

(Ord. 1282, passed 3-1-06)

The responsible person who filed the hearing request form may seek judicial review of the hearing officer's decision pursuant to California Government Code § 53069.4. The appeal shall be heard by the court as set forth in that section. Service upon the city of the notice of appeal, which is required by that section, shall be upon the City Clerk. (Ord. 1282, passed 3-1-06)

(A) The city may pursue any and all legal and equitable remedies for the collection of fines, interest and penalties. (B) If a responsible person owes the city any delinquent fines, interest, or penalties, the city may refuse to issue, extend, or renew a permit, license or other approval to that person or pertaining to the property that is the subject of the administrative citation or delinquent fines, interest, or penalties.

(Ord. 1282, passed 3-1-06)

The City Council, Planning Commission, or city staff may consider the fact that a responsible person has been issued an administrative citation(s) when determining whether to grant, suspend, revoke or deny any permit, license or other approval to that responsible person and an administrative citation shall be evidence that the responsible person has committed acts that threaten the health, safety and welfare of the general public.

(Ord. 1282, passed 3-1-06)