Blythe Municipal Code Ch. 1.26 Administrative Citations

The following definitions apply to the use of these terms for the purposes of this chapter:

A. "Appellant" means a citee who has submitted a valid and timely request for hearing to contest an administrative citation issued pursuant to the provisions of this chapter.

B. "Citee" means the person given an administrative citation charging him or her as a responsible person for a code violation.

C. "City" means the city of Blythe or the area within the territorial city limits of the city of Blythe, and such territory outside of this city over which the city has jurisdiction or control by virtue of any constitutional provision or any law.

D. "City manager" means the city manager or his/her successor as chief executive officer of the city of Blythe, or his/her designee.

E. "Enforcement officer" means any of the following: (1) the city manager, or city officers or employees designated by him/her; (2) any peace officer pursuant to California Penal Code Section 832; (3) any city public safety officer; (4) any city code enforcement officer; (5) any Riverside County Health Care Agency inspector; (6) any city building inspector; (7) any Riverside County Fire Agency inspector; (8) any city animal control officer; and (9) any state or federal employee or officer authorized by statute to enforce applicable state and federal laws.

F. "Hearing officer" means the person designated by the city manager to conduct hearings on contests of administrative citations.

G. "Issue" means giving a citation to the citee and issuance occurs on the date when a citation is personally served on the citee, the date it is mailed to the citee, or the date it is posted on real property where a property related violation occurs.

H. "Land use approval" means any approval required for a particular use of land, including but not limited to permits, licenses, conditional use permits, variances, or subdivision maps.

I. "Owner" means the record owner of a parcel according to the County's latest equalized property tax assessment roll, and includes any part owner, joint owner, tenant in common, or joint tenant, of the whole or a part of parcel.

J. "Person" includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustee, general partners of a legal entity.

K. "Responsible person" means any individual who is the owner or occupant of real property, owner of authorized agent of any business, company, or entity, or the parent of the legal guardian of any person under the age of eighteen years, who causes or maintains a violation of the Blythe Municipal Code or applicable state codes. For the purposes of this chapter, there may be more than one responsible person for any one code violation.

(Ord. No. 848, § 1, 3-8-11)

A. Any person violating any provision of the Blythe Municipal Code, or applicable state code, may be issued an administrative citation by an enforcement officer as provided in this chapter.

B. Every person who applies for and receives any type of land use approval shall comply with all conditions imposed upon the issuance of said land use approval. Violation of any condition of such land use approval may be subject to an administrative fine or penalty as provided under the provision of this chapter.

C. Each day a violation of this code exists shall be a separate violation and be subject to a separate fine. An administrative citation may charge a violation for one or more days on which a violation exists, and for violation of one or more code sections.

D. An administrative citation shall be on a form approved by the city manager and shall contain the following information:

1. Name of the responsible person;

2. Date, time and address or definite identification of the location where the violation(s) was observed;

3. The code section(s) violated and a description of the violation(s);

4. The amount of the fine for the violation(s);

5. The amount of any processing fees, if applicable;

6. A description of the fine payment process, including a specified time within which and the place to which the fine shall be paid to avoid a late payment penalty;

7. Notification of the right to appeal, including the time within which the administrative citation may be appealed in writing, and the place to submit a written request for appeal.

8. The name and signature of the enforcement officer;

9. Date the citation was issued;

10. Designation of the building violation (if applicable), date the thirty day correction period expires, and how to request an extension of that period, and designation of a notice of noncorrection when the building violation has not been corrected;

11. Designation of prior citations issued for the same code violations, if known by the code enforcement officer;

12. Description of the procedure for requesting a hardship mitigation waiver of fine deposit and/or an administrative review to contest a citation;

13. A notice that the code violation is a nuisance and the process for the collection of unpaid fines and/or nuisance abatement costs as more specifically set forth in Section 1-48;

14. A self-addressed envelope in which the citee can send to the city the fine or a request for a hardship mitigation waiver of fine deposit and/or an administrative review;

15. Any other information deemed necessary by the director for enforcement or collection purposes.

(Ord. No. 848, § 1, 3-8-11)

An administrative citation may be issued to a citee by an enforcement officer for violation(s) of the municipal code or applicable state codes in the following manner:

A. Personal Service. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If a responsible person refuses to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.

B. Mail. If the enforcement officer is unable to serve the responsible person by personal service, the administrative citation shall be mailed to the responsible person by certified mail, return receipt requested and by regular, first class mail. Service by mail shall be deemed effective as of the date of deposit in the U.S. Mail.

C. Posting Notice. If the enforcement officer does not succeed in personally serving the responsible person, by certified mail or regular mail, the enforcement officer shall post the administrative citation on any real property within the City, in which the enforcement officer has knowledge that the responsible person has legal interest, and such posting shall be deemed effective service on the date of posting.

(Ord. No. 848, § 1, 3-8-11)

The amount of fines imposed for code violations imposed pursuant to this chapter shall be established by separate resolution of the mayor and city council.

(Ord. No. 848, § 1, 3-8-11)

A. The fine shall be paid in full within fifteen days from the date of service of the administrative citation, as indicated on the citation.

B. A late payment fine of fifty percent of the citation amount shall accrue if the fine is not paid within fifteen days from the date of service of the citation.

C. The requirement for paying the administrative fine, and any penalties that would otherwise accrue, will be stayed if the citee files a request for a hardship mitigation waiver in accordance with Section 1.26.070. The stay shall commence at the time the request is filed and shall terminate once the city manager or his/her designee serves a written determination on the request for a hardship mitigation waiver on the citee.

D. Any administrative citation fine paid pursuant to this section shall be refunded in accordance with Section 1.26.090 if it is determined, after a hearing, that the citee was not responsible for the violation or that there was no violation as charged in the administrative citations.

E. Payment of a fine shall not excuse the citee from correcting the code violation. The issuance of a citation and/or payment of a fine does not bar the City from taking other enforcement action regarding a code violation that is not corrected, including but not limited to, issuing additional administrative citations.

(Ord. No. 848, § 1, 3-8-11)

A. Any citee may contest the citation by submitting a written request to the city for an appeal hearing, clearly stating the reasons for the appeal, within fifteen days from the date of service of the administrative citation, together with an advanced deposit of the fine and the hearing fee which shall be established by resolution of the mayor and city council. The hearing fee shall not exceed the reasonable cost to the city of conducting the hearing.

B. In lieu of the deposit of the fine and payment of the hearing fee, the citee may submit an approved hardship mitigation waiver in accordance with Section 1.26.070. A hearing before the hearing officer shall be set for a date that is not less than fifteen, nor more than sixty days from the date the request for hearing is filed. 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.

(Ord. No. 848, § 1, 3-8-11)

A. Hardship Mitigation Waiver. Any citee who is financially unable to pay and/or deposit the administrative fine and/or the hearing fee may file a request for a hardship mitigation waiver with the city manager within seven days following the date of service of the citation.

B. The request shall be in writing and shall describe why the fine and/or fee cannot be paid, and shall include supporting documents. The request shall be made under penalty of perjury.

C. Once filed the requirement for deposit and/or payment of the administrative fine and/or hearing fee shall be stayed unless or until the city manager makes a determination not to grant the hardship mitigation waiver request.

D. If the city manager does not grant the request for hardship mitigation and waive the deposit and/or payment of the fine and/or hearing fee or establish a payment plan, the administrative fine and/or hearing fee shall be paid and/or deposited as required under this chapter, within fifteen days of the date of service of the city manager's decision.

E. The city managers decision to grant or deny the request for a hardship mitigation waiver shall be final and in writing with stated reasons for granting or denying the request. The city manager shall cause the decision to be served on the citee.

(Ord. No. 848, § 1, 3-8-11)

A. No hearing to contest an administrative citation before a hearing officer shall be held until a written request for hearing form has been timely submitted, the appropriate hearing fee has been paid, and the fine has been deposited. However, an approved hardship mitigation waiver acquired in accordance with Section 1.26.070, may be submitted in place of the deposit and hearing fee.

B. The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the appellant is the responsible person who caused and/or maintained the violation(s) of the municipal code or other applicable state code on the date(s) specified in the administrative citation.

C. The appellant shall be given the opportunity to testify and present witnesses and any relevant evidence concerning the charges set forth in the administrative citation.

D. The formal rules of evidence shall not apply. All relevant evidence may be considered, and the hearing officer has the discretion to exclude evidence if he/she finds such evidence to be irrelevant or needlessly repetitive. The hearing officer has the authority to cut off presentation of evidence if he/she reasonably believes that the evidence being presented is irrelevant or needlessly repetitive.

E. 1.

The failure of the appellant to appear at the administrative hearing shall constitute a forfeiture of the fine and shall be considered a concession that the citation was properly issued.

2. Notwithstanding the above, upon a showing of good cause by the appellant, the hearing officer may excuse the appellant's failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than one time.

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

G. Neither the enforcement officer nor any other representative of the city shall be required to attend the hearing, nor shall be hearing officer require that there be submitted any evidence, other than the citation, that may exist among the public records of the city on the violation. However, any such appearance and/or submission may be made at the discretion of the enforcement officer or any city employee or agent.

H. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, than a copy of this report also shall be served by mail on the appellant at least five days prior to the date of the hearing.

I. At least ten days prior to the hearing, the appellant shall be provided with copies of the citations, reports, and other documents submitted or relied upon by the enforcement officer. No other discovery disclosure is required, although formal rules of evidence shall not apply.

J. The hearing officer may continue the hearing and request additional information from the enforcement officer or the appellant prior to issuing a written decision.

(Ord. No. 848, § 1, 3-8-11)

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall prepare a written decision to uphold, modify or revoke the fine amount of 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 decision is to uphold the citation, the city shall retain the fine deposited. If the decision is to revoke the citation, then the city shall refund the fine deposit to the appellant within thirty days of the service of the decision.

C. The hearing officer's decision shall include that an aggrieved party may file a petition for review with the California Superior Court, county of Riverside, pursuant to California Government Code Section 53069.4.

D. The hearing officer's written decision shall be served on the appellant within five days from the date of the hearing by mailing to the appellant by certified mail, return receipt requested, via the U.S. mail. Service of the hearing officer's decision shall be deemed to have been completed on the date of mailing.

E. The hearing officer shall not be a city employee. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of the fine or number of administrative citations upheld by the hearing officer.

(Ord. No. 848, § 1, 3-8-11)

If the hearing officer's decision is in favor of the city, the appellant may seek judicial review of the hearing officer's decision by doing one of the following:

A. Any party aggrieved by a decision of the hearing officer on an administrative citation may obtain review of the hearing officer's decision by filing a petition for review with the California Superior Court, County of Orange, in accordance with the timelines and provisions set forth in California Government Code Section 53069.4; or

B. File a petition for writ of mandate pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.

(Ord. No. 848, § 1, 3-8-11)

A. The city, at its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid fines and penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and penalties owed by a person under this chapter have been collected.

B. Any citee who has unpaid and/or delinquent fines may be refused the issuance of a land use approval or other city approval pertaining to the property, real or personal, that is the subject of the citation issued pursuant to this chapter.

(Ord. No. 848, § 1, 3-8-11)

Except as specifically provided herein, all notices to be given pursuant to this chapter shall be served on the citee in accordance with the provision set forth in Section 1.26.030 of the Blythe Municipal Code. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted herein.

(Ord. No. 848, § 1, 3-8-11)