Bishop Municipal Code Ch. 1.14 Administrative Citations

This chapter is enacted under authority of Government Code § 53069.4 to make the violation of any ordinance enacted by the city subject to administrative citation and fine. Enforcement actions under this chapter shall be in addition to all other legal remedies, available to the city to enforce its ordinances. Use of this chapter shall be at the sole discretion of the city.

(Code 1985, § 1.14.010; Ord. No. 559, § 1, 11-26-2018)

• Issuance of administrative citation; contents; reasonable period to remedy violation.

A. When the enforcement officer determines that a violation of a city ordinance has occurred, the enforcement officer shall have the authority to issue an administrative citation to the person violating the ordinance. If the code enforcement officer determines that multiple Code violations have occurred, the administrative citation may address all the violations.

B. Each administrative citation shall contain the following information:

1. The date of the violation;

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

3. The Code sections violated and a description of each violation;

4. An order prohibiting the continuation or repeated occurrence of the Code violations described in the administrative citation;

5. An order levying a fine in a specified amount for each Code violation;

6. A description of the fine payment process, including the time within which the fine shall be paid;

7. The number of days, if any, to correct continuing violations pursuant to subsection C of this section;

8. A description of the administrative citation appeal process, including the time for filing an appeal; and

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

C. If the violation is of a continuing nature or pertains to a building, plumbing, electrical or other similar structural or zoning violation that does not create an immediate danger to health or safety, the enforcement officer shall not immediately assess an administrative fine but shall establish a reasonable period of time for the responsible person to correct or otherwise remedy the violation prior to the imposition of an administrative fine. In no event shall the period of time given to correct or remedy the violation be less than three days.

(Code 1985, § 1.14.020; Ord. No. 559, § 1, 11-26-2018)

A. The amount of fines for violations of city ordinances shall be established by resolution of the city council. Enhanced fines may be established for second or subsequent violations.

B. Any fine imposed pursuant to this chapter shall be delinquent if not paid in accordance with the terms and provisions of this chapter. Delinquent fines shall be subject to a late payment charge in an amount established by resolution of the city council. Interest shall accrue on all delinquent fine amounts, exclusive of the late payment charge, at the rate of one-half of one percent per month, pro rata, of the total delinquent fine amount, from the date the fine amount becomes delinquent until the date that the total delinquent fine amount is paid to the city.

C. Copies of resolutions establishing the amount of fines and late payment charges shall be made available to the public at the office of the city clerk.

(Code 1985, § 1.14.030; Ord. No. 559, § 1, 11-26-2018)

A. Any fine imposed under this chapter shall be due and payable to the city within 30 days from the date of the administrative citation, unless a valid and complete administrative citation hearing request has been filed under section 1.14.050.

B. 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 1985, § 1.14.040; Ord. No. 559, § 1, 11-26-2018)

A. A person charged in an administrative citation may appeal the citation by filing with the city clerk an administrative citation hearing request form, together with payment of the fine, or a completed hardship waiver request form in compliance with section 1.14.060, within 30 days from the date of issuance of the administrative citation.

B. The administrative citation hearing request form shall include a statement of the grounds for the appeal.

C. Upon receipt of a completed administrative citation hearing request form, and payment of the fine and/or receipt of an approved hardship waiver, the city administrator shall notify the appealing party in writing of the time and place of the hearing. Notice shall be given no later than ten days prior to the hearing date.

(Code 1985, § 1.14.050; Ord. No. 559, § 1, 11-26-2018)

A. An appealing party who is financially unable to make payment of the full amount of the fine at the time an administrative citation hearing request form is filed may file a request for a hardship waiver of all or part of the fine.

B. A hardship waiver request form shall be filed with the city clerk and shall include a sworn declaration and any other supporting documents or materials showing the appealing party's actual financial inability to deposit the full amount of the fine in advance of the hearing. The hardship waiver request shall be reviewed by the city administrator or the administrator's designee. The appealing party shall bear the burden of demonstrating to the satisfaction of the city administrator the appealing party's inability to deposit the full amount of the fine in advance of the hearing.

C. The city administrator shall file with the city clerk a written decision, together with a statement of findings of fact, approving or denying, in whole or in part, the hardship waiver request. The written decision of the city administrator shall be final and shall be served on the appealing party.

D. If the city administrator denies the hardship waiver request in whole or in part, the appealing party shall pay that portion of the fine not waived within ten days of the date the decision is served. Failure to timely pay the fine, or portion thereof, shall be deemed a withdrawal of the request for an appeal hearing, and the full amount of the fine shall become immediately due and payable.

(Code 1985, § 1.14.060; Ord. No. 559, § 1, 11-26-2018)

The city administrator shall appoint a hearing officer for administrative citation hearings under this chapter. There may be more than one hearing officer at any administrative citation hearing.

(Code 1985, § 1.14.070; Ord. No. 559, § 1, 11-26-2018)

A. The hearing shall be conducted by the administrative hearing officer in accordance with this section and as the officer otherwise deems necessary or convenient to achieve justice and effectuate the purposes of this chapter.

B. 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 report shall be served on the appealing party at least five days prior to the date of the hearing.

C. The administrative hearing officer shall have the power and authority to require and administer oaths or affirmations where appropriate, and to take and hear evidence concerning any matter pending before the administrative hearing officer.

D. The rules of evidence generally applicable in the courts shall not be binding on the administrative hearing officer. Hearsay evidence and any and all other evidence which the administrative hearing officer deems relevant and proper may be admitted and considered.

E. Any party may appear at the hearing to offer such documents, oral testimony, written declarations or other evidence as may be relevant to the proceedings.

F. The administrative hearing officer may grant or order not more than two continuances of the hearing for not more than ten working days each. Additional continuances may be granted only if all parties stipulate in writing. Such continuances may be granted or ordered at the administrative hearing without further written notice to the parties.

G. Neither the administrative hearing officer nor the city shall be responsible for recording or reporting the hearing. Any party, individually or jointly, may make arrangements for recording or reporting the hearing.

H. The failure of the cited person to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

(Code 1985, § 1.14.080; Ord. No. 559, § 1, 11-26-2018)

A. Upon conclusion of the hearing and within 15 days after the matter is taken under submission, the hearing officer shall issue a written statement of decision on each contested violation in the administrative citation, along with written findings of facts upon which the decision is based. The decision of the hearing officer shall constitute the final administrative decision and shall be served on the appealing party and the city administrator within 15 days of the date of the hearing.

B. If the hearing officer upholds charges, the fine paid to the city for those charges shall be retained by the city.

C. If the hearing officer upholds charges and all or part of the fine has not been paid pursuant to hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fines for those violations.

D. If the hearing officer dismisses charges and the fine for those charges has been paid to the city, the city shall promptly refund the amount paid for the dismissed charges together with interest at the rate earned on the city's deposit in the local agency investment fund of the state controller's office for the period that the amount of the fine was held by the city.

E. 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 1985, § 1.14.090; Ord. No. 559, § 1, 11-26-2018)

A. The city may collect any past due administrative citation fines and late payment charges by use of all available legal means.

B. Any person who fails to pay an administrative citation fine, interest charge, or late payment charge owed to the city shall be liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorney's fees. Such collection costs shall be in addition to any penalties, interest and late charges imposed pursuant to this chapter.

(Code 1985, § 1.14.100; Ord. No. 559, § 1, 11-26-2018)

Any person aggrieved by the decision of a hearing officer issued under section 1.14.090 on an administrative citation may obtain review of the administrative decision by filing a petition for review under Government Code § 53069.4.

(Code 1985, § 1.14.110; Ord. No. 559, § 1, 11-26-2018)

A. The administrative citation, all notices and all other documents required to be served by this chapter shall be served on the cited person by personal delivery or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to such person at their last-known business or residence address as the same appears in the public records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

B. Failure to receive any notice specified in this chapter does not affect the validity of the proceedings conducted hereunder.

(Code 1985, § 1.14.120; Ord. No. 559, § 1, 11-26-2018)