Chapter 6.30 — ADMINISTRATIVE FINES AND PENALTIES

State Law reference— Establishment of amounts, procedures, and appeals for administrative fines and penalties, Government Code § 53069.4.

Each violation of a provision of this Code for which the penalty is an infraction or misdemeanor shall be subject to an administrative fine and penalty pursuant to this Code. 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 any violation of codes, ordinances, mandates, regulations, resolutions, rules or other laws adopted by the city. Use of this chapter shall be at the sole discretion of the city. Nothing in this chapter shall prevent the city from initiating a civil, criminal or other legal or equitable proceedings.

(Code 1969, § 6.30.010; Ord. No. 789, § 1(part), 2003)

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

Administrative citation means a notice issued by an enforcement officer pursuant to this chapter that there has been a violation of the code or any code it adopts by reference, including a notice of noncorrection unless the context clearly indicates otherwise.

Building code violations means any violations of chapter 15.08.

Code commission means a commission of three or more people appointed by the city council to serve as the hearing authority.

Code violation means any violation of this Code, any code adopted by reference in this Code, or any other ordinance of the city.

Enforcement officer means an individual enumerated in section 1.01.160 and designated by the city manager to enforce the provisions of the code.

Hearing authority means the code commission; provided, however, that unless three or more individuals have been appointed by the city council to serve on the code commission and are currently serving in that capacity, then the city council shall appoint one or more hearing officers to serve as the hearing authority for a fixed term.

Issuance date means the day an administrative citation is personally served on a responsible person, is mailed to a responsible person or is posted on real property where a property related violation occurs.

Issue means to give, mail or post an administrative citation.

Notice of decision means a notice that informs a responsible person of a decision made pursuant to provisions of this chapter.

Notice of noncorrection means a notice contained in a second administrative citation issued for a building code violation that notifies the responsible person that the violation on the prior administrative citation has not been corrected within the applicable correction period.

Responsible person means any of the following:

(1)

An individual or legal entity causing a code violation.

(2)

An individual or legal entity that, by his 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 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 normally working daily at the site when the business is open and responsible for the activities at such business.

(6)

A natural person or legal entity, and the owners, majority stockholders, controlling owners, corporate officers, trustees and/or general partners of a legal entity that is a responsible person under subsections (1) through (5) of this definition.

(Code 1969, § 6.30.020; Ord. No. 789, § 1(part), 2003; Ord. No. 882-2011, § 2, 5-16-2011)

(a)

When a violation does not create an immediate danger to the health, safety or welfare of the general public, the city shall provide a reasonable period of time before the imposition of an administrative citation for a responsible person to correct or otherwise remedy a violation. After determining that a responsible person has violated a provision of this Code and has not corrected such violation after a reasonable time, an enforcement officer may issue an administrative citation to that person.

(b)

If, following an investigation, an enforcement officer determines that a responsible person committed a code violation, he may issue an administrative citation for a violation whether or not he personally observed the creation of the circumstances which constitute a code violation.

(c)

A responsible person to whom an administrative citation is issued shall be liable for, and shall pay to the city, the fine pursuant to the administrative citation on the date specified in the administrative citation.

(d)

Every responsible person who applies for and receives a permit, license or other approval (e.g., subdivision map, special use permit, variance, zoning clearance) shall comply with all conditions imposed upon the issuance of the permit, license or other approval. If a responsible person violates any condition of such permit, license or other approval, an enforcement officer may issue an administrative citation to that responsible person, who shall be liable for payment of any civil fines.

(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 for violation of one or more code sections.

(g)

The city council, planning commission or city staff may consider the fact that a responsible person has been issued administrative citations when determining whether to grant, suspend, revoke or deny any permit, license or other approval to that responsible person and such administrative citation shall be evidence that the responsible person has committed acts that threaten the health, safety and welfare of the general public.

(Code 1969, § 6.30.030; Ord. No. 789, § 1(part), 2003)

(a)

When a responsible person is issued an administrative citation for a building code violation, the enforcement officer shall provide the responsible person 30 days in which to correct the violation. No responsible person issued an administrative citation for a building code violation shall be liable for a civil fine unless the violation continues after the 30 days allowed for its correction, including any written extensions granted by the city manager, and after the responsible person is issued a second administrative citation containing a notice of noncorrection.

(b)

A responsible person issued an administrative citation for a building code violation may request an extension of the correction period, provided that such request is filed with the city manager prior to the expiration of the original 30-day correction period.

(c)

The city manager may grant a reasonable extension of the period of time to correct a violation if the responsible person has submitted substantial evidence showing that the correction cannot be made within the 30-day period. The city manager's decision to grant or deny the request for an extension shall be in writing and shall be final and nonappealable.

(d)

The filing for an extension does not, unless granted, extend the 30-day correction periods.

(e)

If a building code violation has not been corrected during the correction period, an enforcement officer may issue a second administrative citation. A responsible person issued an administrative citation containing a notice of noncorrection shall be liable for, and shall pay to the city, the fines described in the second administrative citation by the date specified in that second administrative citation. An enforcement officer may issue additional administrative citations and impose fines for every day the code violation continues uncorrected from the end of the correction period.

(f)

If, upon reinspection, an enforcement officer determines a code violation has been corrected, the enforcement officer shall issue a notice to the responsible person stating such conclusion.

(Code 1969, § 6.30.040; Ord. No. 789, § 1(part), 2003)

(a)

Every administrative citation shall contain the following:

(1)

Name of the responsible persons.

(2)

Date on which an inspection established the code violations.

(3)

The code sections violated.

(4)

Address where the code violations occurred.

(5)

Description of the code violations.

(6)

The amount and effective date of the fine which will be, or is, imposed.

(7)

Procedures to pay the fine, if imposed.

(8)

For building code violations, the date that the 30-day correction period expires and the procedure to request an extension of that period.

(9)

Description of the procedure for requesting the preliminary review, waiver of fine deposit and hearing to contest the administrative citation.

(10)

A statement that the cited code violation is a public nuisance and that collection of any unpaid fines and/or nuisance abatement costs may be placed as a special assessment or lien against the property where a violation occurs.

(11)

Signature of the enforcement officer issuing the administrative citation.

(12)

Date of issuance.

(13)

Any other information deemed necessary by the city attorney for enforcement or collection of the administrative fines.

(b)

A self-addressed envelope in which the responsible person may mail to the city the fine or request a hearing regarding the waiver of fine deposit and/or hearing shall accompany any administrative citation.

(Code 1969, § 6.30.050; Ord. No. 789, § 1(part), 2003)

An administrative citation may be issued as follows:

(1)

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

(2)

An enforcement officer may mail the administrative citation by first class mail.

(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 violation to the responsible person at the address where the violation occurred.

(Code 1969, § 6.30.060; Ord. No. 789, § 1(part), 2003)

(a)

The fines for violations of this Code shall be established by resolution of the city council. The schedule of fines may include escalating fine amounts for repeated code violations within specific 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.

(Code 1969, § 6.30.070; Ord. No. 789, § 1(part), 2003)

(a)

All fines are due on the day specified in the administrative citation.

(b)

Fines shall be paid to the city manager. Payment shall be made by mailing the envelope included with the administrative citation and enclosing the fine amount paid by check or money order. Cash payments may be made only 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 violation of this Code.

(d)

Pending a hearing by the hearing authority, payment of a fine may be stayed if the city manager determines, pursuant to section 6.30.090, that a responsible person is unable to deposit the fine.

(Code 1969, § 6.30.080; Ord. No. 789, § 1(part), 2003)

(a)

If the request is made within 14 days of the date that an administrative citation that does not contain a notice of noncorrection is issued, any responsible person may request a preliminary review.

(b)

A request for a preliminary review shall be made on a form specified by the city manager, shall be filed with the city manager, and shall include all information that the responsible person desires the city manager to consider in his preliminary review of the citation. A request for preliminary review may include a request for waiver of the fine deposit. A responsible person requesting a waiver of fine deposit bears the burden to establish by substantial evidence, including a sworn affidavit, that he is unable to deposit the fine associated with the administrative citation.

(c)

The preliminary review shall be conducted by the city manager.

(d)

The preliminary review shall include a review of the administrative citation, the written request for an administrative review and any evidence the responsible person may submit with the written request.

(e)

The responsible person shall be notified of the results of the preliminary review within ten working days of filing a written request for preliminary review. The decision on a preliminary review is not a final disposition of a citation and therefore is not subject to judicial review.

(f)

A request for preliminary review shall not extend any time period for compliance, the due date of any fine imposed or the time to request an administrative hearing.

(g)

If the city manager concludes that no code violation occurred or that the responsible person was not responsible for the code violation, then he shall dismiss the administrative citation, without prejudice to the issuance of a further administrative citation should additional evidence be developed.

(h)

The city manager shall also rule whether the responsible person qualifies for waiver of the fine deposit, if such a request has been made.

(Code 1969, § 6.30.090; Ord. No. 789, § 1(part), 2003)

(a)

A responsible person may request a hearing, except that a hearing for a building code violation may not be requested unless and until a second administrative citation containing a notice of noncorrection has been issued.

(b)

A request for a hearing shall be filed with the city manager on a form established by the city manager within 30 days of the issuance of the administrative citation, and shall include any grounds for the hearing which the responsible person wishes the city to consider. Unless waived upon preliminary review, the request shall be accompanied by a deposit of the fine imposed by the administrative citation.

(c)

A responsible person may request one continuance of a hearing provided he does so in writing in advance of the date of the hearing and states a reasonable basis for the request. Unless the city issues a written notice of continuance, a responsible person shall attend the hearing at the date, time and location specified in the notice of hearing transmitted by the city to the responsible person. A responsible person's failure to attend a hearing shall constitute an abandonment of the request for the hearing and a failure to exhaust the administrative remedies.

(Code 1969, § 6.30.100; Ord. No. 789, § 1(part), 2003)

(a)

The hearing shall be conducted by the hearing authority at the date, time and location specified in the notice of hearing transmitted by the city to the responsible person.

(b)

The city manager shall provide all information relevant to the administrative citation to the hearing authority prior to the hearing date. If an enforcement officer submits a written report concerning the administrative citation to the hearing authority, a copy of this report shall be issued to the responsible person at least five calendar days prior to the hearing. Issuance shall be deemed complete at the time the report is deposited in the mail and addressed to the person at the address indicated on the administrative hearing request form or such other address for the responsible person of which the city has notice.

(c)

An administrative citation and other reports prepared by an enforcement officer concerning a code violation and any attempted correction of a code violation shall be accepted by the hearing authority as prima facie evidence of the facts stated in such documents.

(d)

The hearing authority shall allow the responsible person an opportunity to testify at the hearing and to present evidence concerning the administrative citation, any financial hardship or any code violation specified by the administrative citation.

(e)

The enforcement officer or any other representatives of the city shall not be required to attend the hearing. The hearing authority shall not require that the enforcement officer submit any evidence other than a copy of the administrative citation. The enforcement officer may, in his discretion, appear at the hearing and/or submit additional evidence at the hearing.

(f)

The hearing authority may continue a hearing from time to time and allow a responsible person additional time to remedy a violation. In addition, the hearing authority may request additional information or evidence from the recipient of an administrative citation prior to issuing a decision.

(g)

All hearings shall be recorded on a video or audio device, unless the city elects to use a court reporter. If a court reporter is not used, the city need not provide transcriptions of any hearings, but, within 15 days after payment of a reasonable duplication fee, shall make the video or audio recordings available to the responsible person. If a court reporter is used, a recipient of the administrative citation may obtain a copy of the transcript upon payment 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 admission 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, the hearing authority shall issue a written decision to affirm, modify or dismiss the administrative citation. The decision shall include the hearing authority's findings, as well as information regarding the recipient's right to seek judicial review of the decision and the time in which to do so. The city manager shall issue the responsible person a copy of the hearing authority's written decision. The decision of the hearing authority shall be final and non- appealable.

(j)

If the hearing authority determines that the administrative citation should be affirmed, the fine and/or penalty amount on deposit with the city shall be retained by the city.

(Code 1969, § 6.30.110; Ord. No. 789, § 1(part), 2003)

(a)

A responsible person may seek judicial review of the hearing authority's decision pursuant to Government Code § 53069.4 within 20 calendar days after he receives a copy of the notice of decision. The appeal shall be heard de novo, except that the contents of the city's file in the case shall be received in evidence. A copy of the document or instrument of the city providing notice of the violation and imposing the administrative fine and penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. The responsible person shall personally serve or mail, by first class mail, a copy of his request for judicial review on or to the city clerk.

(b)

If the court finds in favor of the responsible person, the city shall reimburse the fine and any interest and penalties in accordance with the judgment of the court.

(c)

If no request for judicial review of a decision of the hearing authority is filed within the time set forth in this section, the order or decision shall be final for all purposes.

(Code 1969, § 6.30.120; Ord. No. 789, § 1(part), 2003)

(a)

The city may pursue any and all legal and equitable remedies for the collection of fines, including interest and penalties.

(b)

If a responsible person owes the city any delinquent fines, interest, penalties, liens or assessments, 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 and delinquent fines.

(c)

The city prosecutor may issue a criminal citation or complaint against any responsible person who does not timely pay any fine due to the city.

(d)

Any violation of this Code shall constitute a public nuisance. The city may seek to abate the public nuisance and collect the costs incurred by the city by recording a nuisance abatement lien and/or special assessment against the property on which a property-related violation occurred pursuant to Government Code § 38773.1 or 38773.5, or other applicable law.

(e)

Any delinquent fines, interest and penalties may be recovered as a lien or special assessment against the property on which the code violation occurred.

(f)

Prior to recording a lien or special assessment, the city shall prepare a cost report itemizing the amount owed by the responsible person.

(g)

The city shall notify each responsible person of the time, date and location that the city council will consider any cost report imposing a lien or special assessment on property.

(h)

At a public hearing, the city council shall consider the cost report and any objections of any responsible person and may modify the cost report if it determines that the public interest requires it to do so.

(i)

Upon approval by the city council, the city shall file a certified copy of the cost report with the county treasurer-tax collector. The city shall request that the treasurer-tax collect enter each assessment on the tax roll and collect each assessment at the time and in the manner of ordinary municipal taxes.

(Code 1969, § 6.30.130; Ord. No. 789, § 1(part), 2003)

The administrative citation process described in this chapter does not preclude the city from recovering any code violation abatement costs incurred by the city in performing its code enforcement efforts pursuant to this Code.

(Code 1969, § 6.30.140; Ord. No. 789, § 1(part), 2003)