Banning Municipal Code Ch. 1.20 Administrative Citations

A. This division provides for administrative citations which are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this Code.

B. Prior to institution of any charge or the making of any claim for a violation of a provision of this Banning Ordinance Code or any general law enforceable by the city, and administrative citation or citations may be issued for such violation. Such citation may also be issued in conjunction with any other enforcement action.

(Code 1965, § 1-29.01.)

For purposes of this chapter, "enforcement officer" shall mean any city employee or agent of the city with the authority to enforce any provision of this Code.

(Code 1965, § 1-29.02.)

A. Whenever an enforcement officer charged with the enforcement of any provision of this Code determines that a violation of that provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.

B. Each administrative citation shall contain the following information:

1. The date of the violation;

2. The address or a definite description of the location where the violation occurred;

3. The section of this Code violated and a description of the violation;

4. The amount of the fine for the code violation;

5. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

6. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

7. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and

8. The name and signature of the citing enforcement officer.

(Code 1965, § 1-29.03.)

A. The amounts of the fines for code violations imposed pursuant to this division shall be set forth in the schedule of fines established by resolution of the city council.

B. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person within thirty-six months from the date of an administrative citation.

C. The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date.

(Code 1965, § 1-29.04.)

A. The fine shall be paid to the city within thirty days from the date of the administrative citation.

B. Any administrative citation fine paid pursuant to subsection A shall be refunded in accordance with Section 1.20.100 if it is determined, after hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

C. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.

(Code 1965, § 1-29.05.)

Any person who fails to pay to the city any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due shall also be liable for the payment of any applicable late payment charges as set forth in the schedule of fines.

(Code 1965, § 1-29.06.)

A. Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible party by completing a request for hearing form and returning it to the city within fifteen calendar days from the date of the administrative citation, together with an advance deposit of the fine, or notice that a request for an advance hardship waiver has been filed pursuant to Section 1.20.080.

B. A request for hearing form may be obtained from the department specified on the administrative citation.

C. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.

D. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, a copy of this additional report shall be served on the person requesting the hearing at least five days prior to the date of the hearing.

(Code 1965, § 1-29.07.)

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 as required in Section 1.20.070(A) may file a request for an advance deposit hardship waiver.

B. The request shall be filed with the building and safety department on an advance deposit hardship waiver application form, available from the department of finance, within ten days of the date of the administrative citation.

C. The requirement of depositing the full amount of the fine as described in Section 1.20.070(A) shall be stayed unless or until the director of finance makes a determination not to issue the advance deposit hardship waiver.

D. The director may waive the requirement of an advance deposit set forth in Section 1.20.070(A) and issue the advance deposit hardship waiver only if the cited party submits to the director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the director the person's actual financial inability to deposit with the city the full amount of the fine in advance of the hearing.

E. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the facts contained in those respective documents.

F. The determination of the finance director shall be final and not subject to appeal except as an appeal of the final action.

(Code 1965, § 1-29.08.)

The city manager shall designate the hearing officer for the administrative citation hearing. The foregoing notwithstanding, the city shall grant the appellant's request for a hearing officer selected by both parties upon receipt of such request in writing and deposit with the city by the appellant of fees in an amount sufficient to cover the cost of such hearing officer. A hardship waiver may be granted for such costs under the procedures set forth herein for advance deposit of fees.

(Code 1965, § 1-29.09.)

A. No hearing to contest an administrative citation before a hearing officer shall be held unless the fine has been deposited in advance in accordance with Section 1.20.070 or an advance deposit hardship waiver has been issued in accordance with Section 1.20.080.

B. A hearing before the hearing officer shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter.

C. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

D. 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.

E. The administrative citation and any additional report submitted by the code enforcement officer shall constitute prima facie evidence of the facts contained in those respective documents.

F. 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.

(Code 1965, § 1-29.10.)

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to either 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, the fine amount on deposit with the city shall be retained by the city. When the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, and there is no immediate danger to health or safety, the decision shall allow the appellant ten calendar days within which to correct or otherwise remedy the violation before forfeiture of the deposit shall be deemed to have occurred.

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 forth in the decision a payment schedule for the fine imposed.

D. If the hearing officer determines that the administrative citation should be canceled and the fine was deposited with the city, the city shall promptly refund the amount of the deposited fine, together with interest at the average rate earned on the city's portfolio for the period of time the fine amount was held by the city.

E. The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision.

F. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.

(Code 1965, § 1-29.11.)

The city may collect any past due administrative citation fine or late payment charge by use of all available legal means. The city also may recover its collection costs.

(Code 1965, § 1-29.12.)

Any person aggrieved by an administrative decision of a hearing officer or an administrative citation may obtain review of the administrative decision by filing a petition for review with the municipal court of Riverside County in accordance with the time lines and provisions set forth in California Government Code Section 53069.4.

(Code 1965, § 1-29.13.)

The administrative citation and all notices required to be given by this chapter shall 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 such person at his or her last known business or residence address as the same appears in the records of the county recorder, or other records pertaining to the matter to which such notice is directed. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.

(Code 1965, § 1-29.14.)

The city manager is hereby authorized to promulgate such policies and procedures as are necessary for the successful implementation of this division. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in chapter 1.32 of this Code.

(Code 1965, § 1-29.15.)

(Ord. No. 1598, § 4, 2-27-24)