Camarillo Municipal Code Ch. 7.44 Administrative Enforcement Alternative

This section authorizes an animal control officer to issue an administrative citation assessing a civil penalty in lieu of proceeding with a criminal citation or complaint for enforcement of any violation of the provisions of this chapter. The determination whether to use such an alternative will be at the sole discretion of the animal control officer. However, the issuance of an administrative citation shall not prevent the issuance of a criminal citation or complaint for any subsequent violation(s) of the same or similar nature.

(Ord. No. 1193, § 3(Exh. A), 6-22-2022)

The maximum amount of civil penalties assessed pursuant to this chapter shall be established by resolution. In addition to establishing maximum civil penalties for an initial violation of the provisions of this chapter, such resolution shall also provide for increased maximum penalties for repeated violations and collection fees as referenced within this chapter but in no event shall any penalty assessed for a separate violation of this chapter exceed one thousand dollars. The precise amount of penalty assessed for any violation shall be determined, in the first instance, by the enforcement officer, taking into account the circumstances in light of various factors which include, but are not limited to, the following:

(a) The actual or potential extent of the harm caused;

(b) The likelihood to cause harm;

(c) The seriousness or gravity of the violation (i.e., the level of threat to property, health, or safety of people and animals or the environment);

(d) Whether the violation is subject to correction by obtaining a permit or license, or cannot be corrected by permit or license;

(e) The culpability of the violator in causing the violation;

(f) The length of time over which the violation occurs;

(g) The history of past violations, either of a similar or different nature, on the same or different property under the same ownership;

(h) The cooperation of the violator in resolving the existing and past violations;

(i) The financial burden to the violator;

(j) The factors and policies set forth in any civil administrative penalty guidelines adopted by the board of supervisors or city council, as applicable; and

(k) All other relevant circumstances.

Once imposed, the daily penalty will continue to accrue until the violation is corrected to the satisfaction of the director.

The director may stay the imposition of penalties or decrease the amount of penalties, either temporarily or permanently, if the director determines that:

(a) Substantial progress is being made toward correcting the violation and that decreasing the penalties would further the goal of correcting the violation; or

(b) Circumstances exist that were either beyond the control of the violator or were unknown at the time the penalties were imposed and warrant the reduction or suspension of the penalties.

If the amount of the civil penalties is modified or suspended, the notice to citee and administrative citation provided for in Sections 7.44.030 and 7.44.040, shall be amended stating the modified terms and an amended notice to citee shall be served on the violator. The daily civil penalty imposed for a violation that is an infraction shall not exceed the amount of the maximum amount of fines or penalties for infractions set forth in Government Code Section 36900 and 36901.

(Ord. No. 1193, § 3(Exh. A), 6-22-2022)

(a) Notice to citee. Unless otherwise provided for in this chapter, all citations and other notices required to be served upon a citee, shall be served either by personal service or by first-class mail, postage prepaid, addressed to the citee at his or her last known address. Such service shall be deemed effective upon the date it is personally delivered to the citee or on the date it is deposited in the mail. The county officer or employee serving the citation or other notice by mail shall complete a declaration of service and attach it to the copy of the citation or other notice.

(b) Notice to the division. Unless otherwise provided for by this chapter, all notices required to be served upon the county or city pursuant to this chapter, shall be served either by personal service at the office set forth in the citation or by first class mail, postage prepaid, addressed to the division at the address set forth in the citation. Such service shall be deemed effective upon the date it is personally delivered to the division or on the date postmarked when served upon the division by mail.

(Ord. No. 1193, § 3(Exh. A), 6-22-2022)

A person who is assessed a civil penalty for a violation of the provisions of this chapter shall be served with an administrative civil citation that assesses a civil penalty in an amount established pursuant to Section 7.44.020.

(Ord. No. 1193, § 3(Exh. A), 6-22-2022)

Each administrative citation shall contain, but not necessarily be limited to, the following information:

(a) The date of the violation;

(b) The address or a location description wherein the violation occurred or is occurring;

(c) The section(s) of the chapter that was (were) violated;

(d) A description of the circumstances of the violation;

(e) The amount of the civil penalty for the violation;

(f) The procedures for paying the civil penalty, including the time within which payment must be made and the address for payment;

(g) An order prohibiting any continuation of the code violation described in the administrative citation;

(h) Notice that the payment of any penalties under this chapter does not excuse or discharge any continued or repeated violation of the code section which is the subject of the administrative citation;

(i) A description of the time and manner in which the citee may request an administrative review of the civil penalty if the citee decides to contest the penalty; and

(j) The full name of the enforcement officer.

(Ord. No. 1193, § 3(Exh. A), 6-22-2022)

A civil penalty assessed against a citee pursuant to the provisions of this chapter must be paid in full to the division at the place identified in the administrative citation within thirty (30) days from the date of the citation.

(Ord. No. 1193, § 3(Exh. A), 6-22-2022)

A collection fee as prescribed by resolution shall be assessed to the citee.

(Ord. No. 1193, § 3(Exh. A), 6-22-2022)

In the event that a citee proves to the satisfaction of the division that he or she does not have the financial ability to pay the full amount of the civil penalty, including delinquency fees, as set forth in this chapter, the division may permit the citee to execute a promissory note in lieu of payment at that time.

Such note shall provide for payment of all penalties and fees and include a reasonable rate of interest not to exceed that allowed by the California Code of Civil Procedure upon judgments. While this procedure will not satisfy the underlying obligation, it will delay the collection of the amounts due until the date set forth on the promissory note.

(Ord. No. 1193, § 3(Exh. A), 6-22-2022)