Chapter 11.26 — 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, including but not limited to the provisions relating to NPDES compliance, and

(b) Use of this Chapter shall be at the sole discretion of the City, as determined by the City Manager or his/her designee.

(Ord. 111, passed 2-19-2009)

The following words and phrases shall have the following meanings when used in this Chapter.

(a) "Enforcement Officer" shall mean the City Manager or his/her designee with the authority to enforce any provision of this Code.

(b) "Legal interest" means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the County Recorder.

(c) "Responsible person" means any person whom an Enforcement Officer determines is responsible for causing or maintaining a violation of the Code. The term "responsible person" includes but is not limited to a property owner, tenant, person with a legal interest in real property, or person in possession of real property.

(Ord. 111, passed 2-19-2009)

(a) Whenever an Enforcement Officer determines that a violation of this Code has occurred, the Enforcement

Officer shall have the authority to issue an administrative citation to any person responsible for the violation.

• (b) Each administrative citation shall contain the following information:

• (1) The date of the violation;

• (2) The address or a definite description of the location where the violation occurred;

• (3) The section of this Code violated and a description of the violation;

• (4) The amount of the fine for the Code violation;

• (5) A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

• (6) An order prohibiting the continuation or repeated occurrence of the Code violation described in the administrative citation;

(7) A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and

• (8) The name and signature of the citing Enforcement Officer.

(c) When the citation is for a continuing violation such as one pertaining to structural zoning, building, plumbing or similar violations, which do not create immediate danger to health or safety the citation either shall provide (i) for a reasonable period of time to correct or remedy the violation before the citation becomes final, or (ii) shall be given only after a written warning provided within a reasonable time before delivery of the citation. A "reasonable time" shall be at least ten calendar days after the citation is delivered.

(Ord. 111, passed 2-19-2009)

Procedure for Serving Administrative Citation or Any Notice Hereunder. The Enforcement Officer may serve an administrative citation or any notice under this Chapter personally on the responsible individual or as follows: (a) If the responsible person is a corporation, the Enforcement Officer shall attempt to locate any one of the following individuals and issue to that individual an administrative citation: the president or other head of the corporation, a vice-president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the corporation to receive service of process in a civil action. If the office address of any of the above-listed individuals is known to the City, a copy of the administrative citation also shall be mailed to one of those individuals by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

(b) If the responsible person is a business other than a corporation, the Enforcement Officer shall attempt to locate the business owner and issue the business owner an administrative citation. If the Enforcement Officer can locate only the manager of the business, the administrative citation may be given to the manager of the business. If the address of the business is known, a copy of the administrative citation also shall be mailed to that address to the attention of the business owner or a responsible person. The mailing shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

(c) The Enforcement Officer shall attempt to obtain on the administrative citation the signature of the responsible person, or in cases in which the responsible person is a corporation or business, the signature of the person served with the administrative citation. If a responsible person or persons served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings.

(d) If the Enforcement Officer is unable to locate a responsible person for the violation, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

(e) If the Enforcement Officer does not succeed in serving the responsible person personally, or by certified mail or regular mail, the Enforcement Officer shall post the administrative citation on any real property within the City in which the City has knowledge that the responsible person has a legal interest, and such posting shall be deemed effective service.

(f) If the Enforcement Officer does not succeed in serving the responsible person personally, by certified mail or regular mail, and the City is not aware that the responsible party has a legal interest in any real property within the City, the Enforcement Officer shall cause the administrative citation to be published once a week for four successive weeks in a local newspaper published at least once a week.

(g) Failure to receive a notice properly served hereunder will not affect the validity of these proceedings. (Ord. 111, passed 2-19-2009)

(a) The amount of the fines for Code violations imposed pursuant to this Chapter shall be set forth in the schedule of fines established by resolution of the City Council.

(b) The schedule of fines shall specify any increased fines for repeat violations of the same Code provisions by the same person within 36 months from the date of an administrative citation.

(c) The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date.

(Ord. 111, passed 2-19-2009)

(a) The fine shall be paid to the City within 15 calendar days from the date of the administrative citation.

(b) Any administrative citation fine paid pursuant to Subsection (a) shall be refunded in accordance with Section 11.26.110 if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

(c) 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.

(Ord. 111, passed 2-19-2009)

(a) 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 form and returning it to the City within 15 calendar 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 pursuant to Section 11.26.080.

(b) A request for hearing shall be in writing, addressed to the City Clerk, and at a minimum, shall provide the date and number of the citation, the reason for the citation, the reason for the appeal, the contact information for the person appealing (i.e., where the notice of the time of the hearing should be sent, as well as a phone number) and confirm that the advance deposit is attached or a waiver has been requested.

(c) 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.

(d) 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.

(Ord. 111, passed 2-19-2009)

(a) 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 as required in Section 11.26.070(a) may file a request for an advance deposit hardship waiver

(b) 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.

(c) The requirement of depositing the full amount of the fine as described in Section 11.26.070(a) shall be stayed unless or until the City Clerk makes a determination not to issue the advance deposit hardship waiver.

(d) The City Clerk may waive the requirement of an advance deposit as set forth in Section 11.26.070(a) 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 with the City the full amount of the fine in advance of the hearing.

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

(f) 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.

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

(Ord. 111, passed 2-19-2009)

The City Manager shall designate one or more Hearing Officers for the Administrative Citation hearing. The employment, performance evaluation, compensation and any benefits 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.

(Ord. 111, passed 2-19-2009)

(a) No hearing to contest an administrative citation before a Hearing Officer shall be held unless the fine has been deposited in advance in accordance with Section 11.26.070(a) or an advance deposit hardship waiver has been issued in accordance with Section 11.26.080.

(b) A hearing before the Hearing Officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for hearing is filed in accordance with the provisions of this Chapter.

(c) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

(d) The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.

(e) The administrative citation and any additional report submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.

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

(Ord. 111, passed 2-19-2009)

(a) After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a brief written decision to uphold or cancel the administrative citation that gives the reasons for that decision. The decision of the Hearing Officer shall be final.

(b) If the Hearing Officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City.

(c) If the Hearing Officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the Hearing Officer shall set forth in a decision a payment schedule for the fine.

(d) If the Hearing Officer determines that the administrative citation should be canceled and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine, together with interest at the average rate earned on the City's portfolio for the period of time that the fine amount was held by the City.

(e) The recipient of the administrative citation shall be served with a copy of the Hearing Officer's written decision by certified mail, return receipt requested. The failure or refusal to sign does not affect the validity of delivery as of the date deposited in the mail.

(Ord. 111, passed 2-19-2009)

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 set forth in the schedule of the fines.

(Ord. 111, passed 2-19-2009)

The City may collect any past due administrative citation fine, Code violation abatement costs, late payment charges and any and all other amounts legally available by use of all available legal means. (Ord. 111, passed 2-19-2009)

Any person aggrieved by an administrative decision of a Hearing Officer may obtain review of the administrative decision by filing a petition for review with the Consolidated Courts of Riverside County in accordance with the timeliness and provisions set forth in Cal. Government Code Section 53069.4. (Ord. 111, passed 2-19-2009)