Chapter 1.14 — ADMINISTRATIVE REMEDIES

For the purposes of this chapter, the following words shall have the meanings set forth below:

"Enforcement officer" means any city employee or agent of the city designated with the authority to enforce any provision of this code.

"Enforcement official" means the principal supervisor for any city department or division charged with responsibility for enforcement of any provision of this code. (Ord. 1892 § 1, (2013))

In addition to all other civil remedies and as an alternative to any criminal remedies, the city may pursue an administrative citation or administrative compliance order pursuant to this chapter as authorized pursuant to California Government Code Section 53069.4. Use of the administrative citation and administrative compliance order shall be at the sole discretion of the enforcement officers and enforcement officials authorized to proceed under this chapter. Payment of an administrative penalty under this chapter shall not bar enforcement proceedings, including any alternative remedy, for any continuation or repeated occurrence of any code violation.

(a) Enforcement. Enforcement and collection of the penalties, costs and other charges pursuant to Sections 1.14.100 and 1.14.110 shall require the advice and consent of the city attorney. (Ord. 1892 § 1, (2013))

The amounts of administrative penalties for code violations shall be not less than $50 nor more than the maximum amount of the penalty or penalties for criminal violations as set forth in the municipal code. The schedule of administrative penalties shall be set by the city manager and shall specify the amount of any late payment charges and any increased penalties for repeat violations. Such schedule shall be publicly available in the office of the city clerk and posted and/or published in a manner consistent with other city-designated fines and penalties. (Ord. 1892 § § 1, (2013))

The city manager shall designate a hearing officer for administrative hearings who shall not be the citing enforcement officer. The employment, performance evaluation, compensation and/or benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative penalties or the rulings upheld, revised or otherwise issued by the hearing officer. The hearing officer designated under this section may be an employee of the city or an outside contractor, as determined by the city manager in his or her discretion. (Ord. 1892 § § 1, (2013))

All citations, orders and notices required by this chapter may be served either by personal delivery or certified mail, postage prepaid, return receipt requested, addressed to a location reasonably calculated to give notice to the alleged violator, and shall be deemed effective on the date of personal delivery or when delivery is attempted. If the certified mail receipt is returned unsigned, then service may instead be effected by first class mail, postage prepaid, provided that the notice sent by regular mail is not returned by the postal service as undeliverable, and shall be deemed effective on the date three days following deposit in the mail. Service may be effected alternately or additionally by posting a copy of the order at a conspicuous location on any real property that is the subject of the order. (Ord. 1892 § § 1, (2013))

(a) Notice and Time of Hearing. Written notice of hearing shall be served on any person to whom the citation or compliance order was addressed and shall contain the date, time and place at which the hearing shall be conducted. The hearing shall be set for a date that is not less than 15 days and not more than 60 days from the date of the notice of hearing. The hearing officer may approve a continuance of the hearing to any date for good cause.

(b) Hearing Procedure. Hearings held pursuant to this section shall be informal and the rules
of evidence shall not apply. However, at the hearing, the alleged violator shall have the
opportunity to testify, present evidence, and to cross-examine witnesses concerning the
administrative citation or compliance order. The alleged violator may appear personally or
through an attorney. Prehearing discovery is not authorized. Subpoena of witnesses and
documents shall be permitted as authorized by law. The hearing officer may conduct the
hearing informally, both as to rules of procedure and admission of evidence, in any manner
which will provide a fair hearing, and may continue the hearing to obtain additional
evidence. The administrative citation or administrative compliance order and any
additional report submitted by the enforcement officer, shall constitute presumptive
evidence of the respective facts contained in those documents.

(c) Failure to Appear. The failure of any alleged violator to appear at the hearing after proper
notice or, in the alternative, to present written or demonstrative evidence shall constitute an
admission of the violation by the alleged violator and an exhaustion of administrative
remedies that may bar judicial review.
(Ord. 1892 § § 1, (2013))

(a) Decision Process. After considering all the testimony and evidence submitted at the hearing, the hearing officer shall issue a written administrative order, including findings regarding the existence of each violation and the extent of compliance, the reasons for that decision and notice of the right to judicial review, within 30 days following completion of the hearing. The alleged violator shall be served with a copy of the administrative order within 10 calendar days following its issuance. Service of the administrative order shall be in a form consistent with that described in Section 1.14.050. The administrative order shall be final upon service on the violator, subject only to judicial review as allowed by law.

(b) Penalty. If the hearing officer determines that the alleged violator committed the violation
alleged by a preponderance of the evidence, the hearing officer shall establish an
administrative penalty and a date the penalty and any administrative costs shall be due and
payable. If the hearing officer finds that the administrative citation should not be sustained
or that the amount of the administrative penalty should be reduced, the city shall refund any appropriate amounts as designated in the order paid pursuant to a previously imposed
citation or penalty within 30 days of the order.

(c) Administrative Costs. The hearing officer may assess administrative costs against the
violator from the date on which compliance was ordered. These administrative costs may
include any and all costs incurred by the city in connection with the matter before the
hearing officer, including, but not limited to, costs of inspection, investigation, staffing
costs incurred in preparation for the hearing and for the hearing itself, and costs for all
reinspections.

(d) Jurisdiction. After the administrative order becomes final, the hearing officer shall maintain
continuing jurisdiction until full compliance is achieved and shall have the power to modify
the administrative order, after providing the person subject to the administrative order with
notice and an opportunity to be heard.

(e) Exception. The city attorney has independent jurisdiction to pursue alternate remedies for
the same violations notwithstanding the pendency of administrative proceedings pursuant
to this chapter.
(Ord. 1892 § § 1, (2013))

The hearing officer may impose administrative penalties in an amount not to exceed the maximum provided in the schedule of administrative penalties in effect on the date of the violation. In determining the amount of the administrative penalty, the hearing officer may consider the duration of the violation, the frequency, recurrence and number of violations, related or unrelated, by the same violator, the seriousness of the violation, any good-faith compliance efforts, the economic impact of the violation on the community and such other factors as justice may require. (Ord. 1892 § 1, (2013))

Any person subject to a decision of the hearing officer may obtain judicial review of the decision in the superior court pursuant to the provisions of California Government Code Section 53069.4. (Ord. 1892 § § 1, (2013))

(a) Enforcement. Failure to pay the assessed administrative penalties and/or administrative costs specified in the administrative order may be enforced as a personal obligation of the violator, and/or if the violation is in connection with real property, a lien upon the real property, which shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full.

(b) Late Payment Charges. Late payment charges shall accrue and are payable as specified in
the schedule of administrative penalties.

(c) Notification of Tax Collector. The director of finance shall notify the county tax collector
of any administrative penalties and/or administrative costs imposed in connection with real
property that have not been satisfied in full within 90 days after the administrative order
becomes final.

(Ord. 1892 § § 1, (2013))

(a) Procedure. Whenever the amount of any administrative penalty and/or administrative cost imposed pursuant to this chapter in connection with real property has not been satisfied in full within 90 days after the administrative order becomes final, this obligation may constitute a lien against any real property which was involved in the violation. Interest shall accrue on the principal amount remaining unsatisfied pursuant to law.

(1) Prior to recording any such lien, the director of finance shall prepare and file with the
city clerk a report stating the amounts due and owing. The city clerk shall fix a time,
date and place for hearing such report and any protests or objections thereto by the
city council. The director of finance shall cause written notice to be served on each
property owner whose interest is disclosed by the current county equalized
assessment roll not less than 10 days prior to the time set for the hearing.

(2) The lien shall be recorded with the county recorder. Once recorded, the administrative
order shall have the force and effect and priority of a judgment lien governed by
California Code of Civil Procedure Section 697.340 and may be extended as provided
in California Code of Civil Procedure Sections 683.110 through 683.220, as these
sections may be amended.

(b) Public Hearing and Protests of Proposed Liens. Any person owning a legal or equitable
interest in real property proposed to be subject to a lien pursuant to this section may file a
written protest with the city clerk and/or may protest orally at the city council hearing. The
grounds for protest or objection, and any evidence or testimony submitted in support or in
opposition to the imposition of a lien, shall be confined to whether the amount of any
administrative penalty and/or administrative cost imposed was satisfied in full within the
time allowed by law and/or was successfully challenged by a timely appeal or writ of
mandate. At the close of the hearing, the city council shall adopt a resolution confirming,
discharging or modifying the amount of the lien based upon evidence produced at the
hearing.

(c) Recording of Lien. Thirty days following the adoption of a resolution by the city council
imposing a lien, the director of finance shall file the same as a judgment lien in the office
of the county recorder of San Mateo County. The lien may carry such additional
administrative charges as set forth by resolution of the city council.

(d) Satisfaction of Lien. Once payment in full is received by the city for outstanding penalties and costs, the director of finance shall either record a notice of satisfaction or provide any property owner or financial institution having a legal or equitable interest in the property with a notice of satisfaction so they may record this notice with the office of the county recorder. Such notice of satisfaction shall cancel the city's lien. (Ord. 1892 § § 1, (2013))

(a) Issuance. An enforcement officer may issue an administrative citation to any person responsible for a city code violation. However, prior to the issuance of an administrative citation for a violation which pertains to building, plumbing, electrical or similar structural or zoning matters that do not create an immediate danger to health or safety, the enforcement officer shall provide a reasonable period to correct or otherwise remedy the violation of not less than 10 days.

(b) Contents of Administrative Citation. Each administrative citation shall contain the following information: the date of the violation; the address or description of the location of the violation; the section or sections of this code violated and a description of the acts or omissions constituting the violation; the amount of the penalty for the code violation; a description of the penalty payment process, including a description of the time within which and the place to which the penalty shall be paid; a notice of right to a hearing, including the time within which the administrative citation may be contested, and how to request a hearing; and the name of the citing enforcement officer.

(c) Request for Administrative Citation Hearing. Any recipient of an administrative citation may contest it before the hearing officer by requesting a hearing in writing and submitting the request and an advance deposit of the administrative penalty or a request for an advance deposit hardship waiver within 30 calendar days from the date the administrative citation is served.

(d) Hardship Waiver. Any person who requests a hearing to contest an administrative citation may request in writing an advance deposit hardship waiver, including the reasons for the request. The director of finance may issue an advance deposit hardship waiver if he or she is satisfied that the person is unable to deposit the full amount of the penalty in advance of the hearing. The director shall issue a written determination of whether to issue the advance deposit hardship waiver. The written determination shall be final, subject only to judicial review as provided by law. If the director determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within 10 days of the date of that decision in order to secure the hearing. (Ord. 1892 § § 1, (2013))

(a) Issuance. An enforcement official may issue a written compliance order, providing a reasonable time for correction of not less than 10 days, to any person responsible for a municipal code violation.

(b) Contents of Administrative Compliance Order. A compliance order issued pursuant to this
chapter shall contain the following information: the date and location of the violation; the
section of this code violated and a description of the violation; the action required to correct
the violation; the time period after which administrative penalties will begin to accrue if
compliance with the order has not been achieved; and the amount of penalties that will
begin to accrue.

(c) Compliance and Failure to Comply. If the enforcement official determines that all
violations have been corrected within the time specified in the compliance order or within
any amended orders, the enforcement official shall so advise each party to whom the
compliance order was addressed. If full compliance is not achieved within the time
specified in the compliance order or within any amended orders, the enforcement official
shall schedule a hearing before the hearing officer.

(d) Administrative Order by Hearing Officer. If the hearing officer determines that a violation occurred which was not corrected within the time period specified in the compliance
order, the hearing officer shall issue an administrative order which imposes any or all of
the following: an order to correct code violations, including a schedule for correction, if
appropriate; administrative penalties; and administrative costs as provided in this chapter.

(e) Administrative Penalties. The hearing officer may impose administrative penalties for each
day during which a violation occurs after compliance was ordered. Administrative penalties
assessed by the hearing officer shall be due by the date specified in the administrative order.
(Ord. 1892 § § 1, (2013))