Belvedere Municipal Code Ch. 1.15 Administrative Citations

ADMINISTRATIVE CITATIONS

Sections:

• 1.15.010 Purpose and Intent.

• 1.15.020 Definitions.

• 1.15.030 Administrative Compliance Order Issuance.

• 1.15.040 Administrative Citation Issuance.

• 1.15.050 Notices.

• 1.15.060 Administrative Fine and Payment.

• 1.15.070 Administrative Citation Hearing Request.

• 1.15.080 Notice of Administrative Citation Hearing.

• 1.15.090 Hearing Procedure and Decision.

• 1.15.100 Hardship Waiver.

• 1.15.110 Collection of unpaid fines, penalties, and related costs.

The purpose and intent of this Chapter is to provide for administrative citations that 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, including violations of any condition or term of project approval or other public nuisances. It is also the purpose and intent of this Chapter to provide due process of law to any person who is directly affected by an administrative citation, including notice and an opportunity to be heard upon request.

• A. “Administrative Citation” is an official notification on a form meeting the criteria of this Chapter that requires the correction of the Code violations it identifies and imposes financial penalties on the Responsible Person(s).

B. “Administrative Hearing Officer” shall mean any person appointed by the City Manager to preside at administrative hearings.

C. “Administrative Compliance Order” is an official notification on a form meeting the criteria of this Chapter that requires correction of the Code violation it identifies.

D. “Enforcement Officer” is any City employee or agent authorized by the City Manager to enforce any provision of this Code.

E. “Responsible Person” means any person who an Enforcement Officer determines is committing, or allowing, a violation of this Code. A Responsible Person includes without limitation any person who exercises legal or physical control over a property, business or other organization that is in violation of this Code.

A. When an Enforcement Officer observes a violation of the Code, including a continuing violation of this Code pertaining to building, plumbing, electrical, or other similar structural or zoning issues, that does not create an immediate danger to health or safety, the Enforcement Officer may issue an Administrative Compliance Order on a form approved by the City Manager to a Responsible Person.

• B. An Administrative Compliance Order shall contain all of the following information:

  1. The date, location, and approximate time the violation was observed.

  2. The Code section violated and a description of the violation.

  3. An order requiring the correction of the violation within fifteen (15) days of the Administrative Compliance Order, or within such other reasonable time as the Enforcement Officer may determine.

4. A statement of the amount of fine that will be imposed if the violation is not corrected within the correction period.

5. An order prohibiting the continued or repeated Code violation.

6. The name and signature of the Enforcement Officer, and the date of issuance of the Administrative Compliance Order.

7. The name, address, and other identifying information of the Responsible Person.

C. If the Enforcement Officer determines that all violations specified in the Administrative Compliance Order have been corrected within the correction period, no further action shall be taken against the Responsible Person. If all violations specified in the Administrative Compliance Order are not corrected within the correction period, the Enforcement Officer may issue an Administrative Citation. Issuance of an Administrative Citation does not alter any obligation to fully comply with the Administrative Compliance Order.

A. An Enforcement Officer may issue an Administrative Citation if an Administrative Compliance Order has not been corrected within the correction period; or upon observation of one of the following:

1. A Code violation creating an immediate danger to health or safety.

2. A violation of Municipal Code Chapter 8.10 (excessive noise including use of gasoline engine powered blowers.)

• B. Each Administrative Citation shall be in writing and include all of the following information:

  1. The date, location, and approximate time the violation was observed.

  2. The Code section violated and description of the violation.

  3. The amount of fine imposed for the violation.

  4. A description of how, when, and where the fine must be paid.

  5. An order prohibiting the continued or repeated Code violation.

6. A description of the Administrative Citation review process, including a statement that the Responsible Person has the right to contest the Administrative Citation by requesting a hearing within ten (10) days from the date of the Administrative Citation, the place from which to obtain a form to request a hearing, and a statement that the decision of the Administrative Hearing Officer may be appealed to the Marin County Superior Court pursuant to Government Code section 53069.4.

7. The name and signature of the Enforcement Officer, and the date of issuance of the Administrative Citation.

8. The name, address, and other identifying information of the Responsible Person.

All notices, including Administrative Compliance Orders and Administrative Citations, required under this Chapter shall be served on the Responsible Person(s) pursuant to the following provisions:

A. Notices may be personally served on a Responsible Person. When an Enforcement Officer issues an Administrative Compliance Order or an Administrative Citation in the presence of a Responsible Person, that Responsible Person shall be asked to sign the order or citation to acknowledge receipt. A Responsible Person’s failure or refusal to sign an order or citation shall not affect its validity.

B. Notices may be mailed to the Responsible Person by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by first-class mail, postage prepaid. If a notice sent by certified mail is returned unclaimed, service by first-class mail shall nevertheless be effective if that mail is not returned. Notices may be sent via electronic mail, where the email address is known.

C. The Enforcement Officer may post notice on the property where the violation occurred in a conspicuous place, when the Responsible Person resides at an unknown address. A copy of the notice shall be also be sent to the owner of the property where the violation occurred, at the address shown on the County’s last property tax assessment rolls by certified mail, postage prepaid, return receipt requested.

D. If an Administrative Compliance Order or Administrative Citation is issued for a Code violation by a business or other organization, and if the Responsible Person is not the sole owner of that business or other organization, a copy of the order or citation shall also be personally delivered or shall be sent by first-class mail, postage prepaid, to the owner or director of that business or other organization, as may be revealed by the Enforcement Officer’s reasonable investigation.

E. If an Administrative Compliance Order or an Administrative Citation is issued for a Code violation existing on real property, and if the Responsible Person is not shown in the official records of the County of Marin as the sole owner in fee simple of the real property, a copy of the order or citation shall also be personally delivered or shall be sent by first-class mail, postage prepaid, to any owners of interests in that property that may be affected by the violation, at the address shown on the last equalized County assessment roll, and at such other address as may be revealed by the Enforcement Officer’s reasonable investigation.

F. If the Enforcement Officer does not succeed in serving the Responsible Person personally, and if the Enforcement Officer’s reasonable investigation reveals no home or business address for the Responsible Person, and if the violation does not consist of any condition of real property, the Enforcement Officer shall cause the notice to be published once a week for four (4) successive weeks in a local newspaper that is published at least once per week.

G. Service of any notice in accordance with these requirements may be proven by declaration or affidavit. Service is complete upon personal delivery, upon deposit with the United States Postal Service, or upon completion of publication pursuant to this Section. Failure of any person with an interest in the Administrative Compliance Order or Administrative Citation to receive a properly served notice shall not affect the validity of any proceedings under this Chapter.

A. The amount of fines for violations under this Chapter shall be set forth in the schedule of fines established by City Council resolution. If no such fine is established by resolution for a particular violation, then the fine shall be that set forth in California Government Code section 36900. The schedule of fines shall specify any increased fine for repeat violations of the same Code violation by the same person within thirty-six (36) months from the date of an Administrative Citation. The schedule of fines shall specify the amount of any late fine.

B. The fine shall be paid to the City within thirty (30) days from the date of the Administrative Citation. If after a hearing the Administrative Hearing Officer determines that the person charged was not responsible for the violation or that there was no violation, then any fine paid to the City shall be refunded in full within a reasonable time.

C. Pursuant to Government Code section 53069.4(a)(2), where a person is responsible for a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety, the City shall provide a reasonable time to correct the violation prior to the imposition of fines.

A. A Responsible Person may contest an Administrative Citation no later than ten (10) days from the date of service of the Administrative Citation in writing on a form furnished by the City specifying the basis for contesting the citation. The Responsible Person must either deposit the fine or give written notice that a request for a Hardship Waiver has been submitted pursuant to this Chapter.

B. Failure to submit an Administrative Citation hearing request in compliance with this Section shall constitute a waiver of the Responsible Person’s right to contest all matters set forth in the Administrative Citation.

A. After receiving an Administrative Citation hearing request, and receiving either a deposit of the fine in full or a Hardship Waiver pursuant to this Chapter, the City shall set the date and time for an Administrative Citation Hearing no more than forty-five (45) days from the date the fine was deposited or Hardship Waiver issued.

B. The City shall send notice to the person requesting the hearing of the date, time, and place of the Administrative Citation Hearing by certified mail with return receipt requested at least ten (10) days prior to the hearing date.

C. Any documentation, other than the Administrative Citation, that will be used by the Administrative Hearing Officer shall be served on the person requesting the hearing by certified mail with return receipt requested at least five (5) days prior to the hearing date.

D. The Responsible Person or the City may request a continuance of the hearing to a mutually agreeable date, but in no event may the hearing begin later than sixty (60) days from the date the fine was deposited or Hardship Waiver issued.

A. The City Manager shall designate the Administrative Hearing Officer who may, but need not be, an employee of the City.

B. The Responsible Person contesting the Administrative Citation shall have the opportunity to testify and present evidence, including witnesses, concerning the violation. Any other interested party, including without limitation the property owner or neighbors, may also testify and present other evidence. The Administrative Hearing Officer shall limit the testimony and other evidence to that relevant to the violation.

C. If the Responsible Person or other interested person fails to attend the scheduled hearing, that person shall have waived any right to testify or present other evidence. Failure to attend a scheduled hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.

D. The Administrative Citation and other reports and documents presented by the Enforcement Officer shall constitute prima facie evidence of the facts in those documents.

E. The Administrative Hearing Officer may continue the hearing for good cause, in her or his discretion, and may request additional information.

F. Within thirty (30) days of the hearing, the Administrative Hearing Officer shall issue a written decision including findings to uphold, cancel, or modify the Administrative Citation, which decision shall be promptly served upon the Responsible Person by hand or certified mail, return receipt requested. The decision shall be supported by substantial evidence, and shall be final and not subject to further City appeal. A review of the City’s decision may be obtained by filing a petition for review in the Marin County Superior Court pursuant to California Government Code section 53069.4.

G. If the Administrative Citation is cancelled or modified, then any fine amount deposited with the City shall be promptly returned pursuant to the decision. If the Administrative Hearing Officer upholds the Administrative Citation, the fine amount deposited shall be retained. If the Administrative Hearing Officer upholds the Administrative Citation and a fine was not deposited pursuant to a Hardship Waiver, then the decision shall specify a payment schedule for the fine.

Any Responsible Person who intends to request a hearing to contest an Administrative Citation and who is financially unable to make the advanced deposit of the fine, may request a waiver as follows:

A. The Hardship Waiver must be submitted to the City within ten (10) days of the date of the Administrative Citation.

B. The City Manager or designee may issue a Hardship Waiver if the cited party submits a sworn affidavit together with any supporting documents, demonstrating to the satisfaction of the City Manager or designee, that the person is financially unable to deposit the full amount of the fine in advance of the administrative hearing.

C. The City Manager or designee shall decide within ten (10) days of the receipt of the Hardship Waiver request whether to issue a waiver. The decision shall be in writing and served upon the person requesting the waiver by certified mail, postage prepaid, return receipt requested. The decision shall be final.

D. If the City Manager or designee denies a Hardship Waiver, the Responsible Person shall deposit the full amount of the fine within ten (10) days of service of the waiver decision or within twenty (20) days from the date of the Administrative Citation, whichever is later.

A. All unpaid fines, penalties, and related costs (including collection costs and attorneys’ fees), arising from Administrative Citations provided by this Chapter shall constitute a debt to the City and are subject to all remedies for debt collection as allowed by law.

B. The City shall be entitled to interest from the date the Administrative Hearing Officer’s order becomes final or 30 (thirty) days after the first fine was imposed, whichever date is later.

C. When an Administrative Citation relates to a specific property, administrative costs may also be recovered by the methods prescribed in California Government Code section 54988.

The Belvedere Municipal Code is current through Ordinance 2026-01, passed July 13, 2026.

Disclaimer: The City Clerk’s office has the official version of the Belvedere Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: www.cityofbelvedere.org

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