California City Municipal Code Ch. 5 Administrative Citations

(a) This chapter provides for administrative citations in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this code.

(b) The administrative citations process applies to continuing violations of this code that pertain to building, plumbing, electrical or other similar structural or zoning issues when notice of the violation and time to correct the violation has been given.

(c) Use of this chapter shall be at the sole discretion of the city, as determined by the City Manager or Code Enforcement Administrator.

( Ord. No. 14-726, § 1, 12-2-2014 )

(a) The City may penalize a responsible person for violation of this Code, including Uniform Codes adopted by the Council, and State laws which may be enforced by the City.

(b) Each and every day a violation exists constitutes a separate and distinct offense.

(c) The process for levying an administrative penalty shall be initiated by an administrative citation issued by an Enforcement Officer.

(d) The Finance Department shall collect administrative penalties. The City may contract with a private vendor, or with any other city or county processing agency for the processing of citations, notices of violations and notices of delinquent violations.

( Ord. No. 14-726, § 1, 12-2-2014 )

(a) Penalties enforced by Administrative Citations shall be:

(1) A fine not exceeding $100.00 for a first violation;

(2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance or permit within one year from the date of the first violation; and

(3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance or permit within one year from the date of the first violation.

(b) The City may charge a fee to recover the costs of handling an Administrative Citation in an amount established by resolution of the Council from time to time.

(c) No fine shall be imposed in situations where all of the following apply:

(1) The violation(s) pertains to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety;

(2) The condition is corrected before the date provided on the citation; and

(3) No citation(s) have been issued to the same person in the preceding 12-months for the same offense.

(d) If the Responsible Person fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s). The amount of the penalty for failure to correct the violation shall increase at a rate

( Ord. No. 14-726, § 1, 12-2-2014 )specified herein.

(a) Unless otherwise required under law, the administrative citation and any other required notices shall be issued or delivered to the Responsible Person using one or more of the following methods:

(1) By personal service on the owner, occupant or person in charge or control of the property at issue;

(2) By certified mail, return receipt requested, addressed to the owner or person in charge and control of the property, at the address shown on the last available assessment role, or as otherwise known. Service shall be deemed complete by the date shown on the return receipt or ten days after the date of mailing of the notice if it is not returned within that time;

(3) By posting at a conspicuous place on the property or abutting public right-of-way, and insertion of an advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the city. This method shall be used only in the event that personal service or service by certified mail is not possible or feasible. Service shall be deemed received as of the date of posting; and

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

(b) A person, other than the cited responsible person, who alters, mutilates, defaces, conceals, modifies, nullifies, destroys, removes, or otherwise interferes with the Enforcement Officer's intent to provide service of notice of an Administrative Citation posted pursuant to this section is guilty of a misdemeanor.

( Ord. No. 14-726, § 1, 12-2-2014 )

(a) The Administrative Citation shall contain at least the following information:

(1) Date, approximate time, and address or definite description of the location where the violation(s) was observed;

(2) A brief reference to the provision which has been violated and a description of the violation(s);

(3) If the violation is correctable, an order to the responsible person to correct the violations within the time specified, and an explanation of the consequences of failure to correct the violation(s);

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

(5) An explanation of how the fine shall be paid and the time period by which it shall be paid;

(6) A description of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the Administrative Citation; and

(7) The name and signature of the Enforcement Officer and if possible the signature of the Responsible Person.

(b) The Administrative Citation, or copy thereof, shall be kept in the ordinary course of business of the issuing Department and shall be prima facie evidence of the facts contained therein.

(c) The notice shall be prepared in triplicate and distributed as follows:

(1) The original shall be held by the issuing Department.

(2) The first copy shall be forwarded to the Finance Department for tracking and pursuit of collection of fines. In City's discretion, information may be transmitted to an outside entity for collection.

(3) The third copy shall be issued to the violator. The paper stock of the violator copy shall be of a weight appropriate for outdoor posting of the copy.

( Ord. No. 14-726, § 1, 12-2-2014 )

(a) Upon receipt of an Administrative Citation the Responsible Person shall both:

(1) Pay the fine to the City within twenty-one (21) days from the issue date of the Administrative Citation. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action.

(2) Remedy the violation(s), if the violation(s) is/are of such a nature that it/they can be remedied.

(b) When a Responsible Person is issued an Administrative Citation for a violation which pertains to a building, plumbing, electrical, or other similar structural or zoning issue, and does not create an immediate danger to health or safety, the violation shall be corrected within ten (10) days.

(c) All other violations, including but not limited to violations that create a danger to health and/or safety, shall be corrected immediately.

(d) An issuing Department may grant an extension to complete required corrections if the Responsible Person has shown a good faith effort and progression in correcting the violation and no immediate danger to health or safety exists.

( Ord. No. 14-726, § 1, 12-2-2014 )

(a) Request for Hearing.

(1) Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible party by completing a request for hearing and returning it to the city within 30 days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed.

(2) A request for hearing form may be obtained from the City Clerk.

(3) 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.

(4) If the Enforcement Officer submits an additional written report concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of this report shall also be served on the person requesting the hearing at least five days prior to the date of the hearing.

(b) Advance Deposit Hardship Waiver.

(1) Any person who intends to request a hearing to contest that there was a violation of the Code, or that he or she is the responsible party, and who is financially unable to make the advance deposit of the fine may file a request for an advance deposit hardship waiver.

(2) The request shall be filed with the City Clerk on an advance deposit hardship waiver application form, available from the City Clerk, within ten days of the date of the administrative citation.

(3) The requirement of depositing the full amount of the fine shall be stayed unless or until the City Clerk makes a determination not to issue the advance deposit hardship waiver.

(4) The City Clerk may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the City Clerk a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the City Clerk the person's actual financial inability to deposit the full amount of the fine in advance of the hearing.

(5) If the City Clerk determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within ten (10) days of that decision or thirty (30) days from the date of the administrative citation, whichever is later.

(6) The City Clerk shall issue a written determination listing the reasons for his or her determination to issue or not issue the advance deposit hardship waiver. The written determination of the City Clerk shall be final.

(7) The written determination of the City Clerk shall be served upon the person who applied for the advance deposit hardship waiver.

(c) Hearing Officer. The City Manager shall designate one or more Hearing Officers for the administrative citation hearing. The City Manager may maintain a list of qualified hearing officers. The employment performance evaluation, compensation and any benefit of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of any administrative citation fines that could be upheld by the Hearing Officer.

(d) Hearing Procedure.

(1) A hearing shall be set for not less than fifteen (15) and not more than sixty (60) days from the date the request for hearing is filed. The person requesting the hearing shall be notified of the time and place for the hearing at least ten days prior to the date of the hearing.

(2) As nearly as practical, the hearing officer shall conduct the hearing consistent with the Administrative Procedures Act. The person contesting the citation may testify and present witnesses and evidence.

(3) The failure of any recipient of an Administrative Citation to appear at the hearing constitutes a forfeiture of the fine unless that person has requested a hearing by written declaration.

(4) The citation and documents submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.

(5) The hearing officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the citation prior to issuing a written decision.

(6) The hearing officer shall issue a written decision within ten days of the hearing to uphold or deny the citation and shall explain the reasons for the decision. The decision of the hearing officer shall be final.

(7) If the hearing officer determines the citation should be upheld, the fine amount on deposit with the City shall be retained by the City. If the Hearing Officer determines that the citation should be upheld and the fine has not been deposited for any reason, the Hearing Officer shall set forth in the decision a payment schedule for the fine. Unless otherwise stated in the decision, fines shall be due and payable on the date the decision is issued. If the hearing officer determines the citation should not be upheld, any deposit shall be refunded.

( Ord. No. 14-726, § 1, 12-2-2014 )

The following shall govern the administrative hearing process.

(a) Materials received by the City from a person who requests an administrative hearing, or materials City staff desires to submit to the tribunal, shall be filed with the City Clerk. The City Clerk shall distribute copies of the materials to the parties before the proceedings. Except for agency briefs, the materials shall not be distributed to the tribunal except during the hearing.

(b) Members of the tribunal shall avoid private, oral communications with any person who seeks or may seek an administrative review of an agency decision. When such communications occur, despite the member's best efforts to avoid them, the member shall announce the occurrence of such communication and, depending on the communications, may be asked to refrain from taking part in the proceedings.

(c) At the hearing, the City Attorney shall advise the tribunal and the City Prosecutor may represent agency staff if:

(1) There are no communications between City Attorney and the City Prosecutor on the subject matter of the appeal outside the presence of opposing counsel except that, after a decision has been rendered, City Attorney may inform the attorney for the prevailing party to prepare a draft decision. The draft decision shall be transmitted to both attorneys before submitting it to the tribunal.

(2) A person shall not advise the members of the tribunal in an administrative hearing in any of the following circumstances:

(i) The person has served as investigator, prosecutor, or advocate in the proceeding or its pre-adjudicative stage.

(ii) The person is subject to the authority, direction, or discretion of a person who has served as investigator, prosecutor, or advocate in the proceeding or its pre-adjudicative stage.

(d) A person may serve as an advisor at successive stages of an adjudicative proceeding.

( Ord. No. 14-726, § 1, 12-2-2014 )

A person aggrieved by the decision of a hearing officer may obtain review by filing a petition for writ of mandate under Code of Civil Procedure Section 1094.6 within the time stated in Government Code Section 53069.4(a)(1).

( Ord. No. 14-726, § 1, 12-2-2014 )

(a) The City may collect any past due administrative citation fine, code violation abatement costs, late payment charges, and any and all other related amounts owed to City, by use of all available legal means.

(b) Any person who fails to pay to the City any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due, also shall be liable for the payment of any applicable late payment charges as established by the Council from time to time.

(c) Unless contrary to any other provision of law, citations not under appeal, and delinquent over twenty (20) calendar days, shall be subject to an additional charge every calendar month. The amount is to be established by resolution of the City Council from time to time.

( Ord. No. 14-726, § 1, 12-2-2014 )