Ceres Municipal Code Ch. 06 Administrative Citations

A. Any person violating any provisions of the Municipal Code or applicable State code may be issued an administrative citation by a Code Enforcement Officer as provided in this title. The authority to issue administrative citations specifically includes the authority to issue such citations for conditions which constitute a public nuisance as an alternative to formal abatement procedures. The issuance of such a citation is not a waiver of the City's right to seek formal abatement or other enforcement or remedial actions, either by administrative or judicial proceedings.

B. An administrative fine shall be assessed by means of an administrative citation issued by the Code Enforcement Officer and shall be payable directly to the City of Ceres unless otherwise noted on the citation. Payment of a fine shall not excuse a failure to correct a violation, nor shall it bar further enforcement action by the City.

C. Fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this title.

D. No administrative citations shall be issued for violations of chapter 6.01 of this Code regarding the placement or use of waste wheelers or recycling toters, nor shall administrative citations be issued for violations of chapter 13.08 regarding water wasting. Violations of these code provisions shall be governed by the applicable provisions of chapters 6.01 and 13.08.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. Whenever the City Manager or a Code Enforcement Officer or Peace Officer determines that a violation of this Code has occurred, the Officer may issue an administrative citation to a responsible person in the manner prescribed in this title. The administrative citation shall be issued on a form approved by the City Manager. The City Manager or Code Enforcement Officer or Peace Officer may issue an administrative citation without a period for correction if a notice of violation has previously been served.

B. The City Manager or Code Enforcement Officer or Peace Officer may issue an administrative citation for a violation not committed in the officer's presence if the Officer has determined through investigation that the responsible person did commit or is otherwise responsible for the violation.

C. If the responsible person is a commercial business, the Code Enforcement Officer or peace officer shall attempt to locate the business owner and issue the business owner an administrative citation. If the Code Enforcement Officer or peace officer can only locate the manager of the commercial business, the administrative citation may be given to the manager of the business. A copy of the administrative citation shall also be mailed to the business owner or responsible person in the manner prescribed by section 19.01.070 of this title.

D. The administrative citation shall be signed by the issuing Code Enforcement Officer or peace officer.

E. Method of service.

1. Signature. Once the responsible person is located, the Code Enforcement Officer or Peace Officer shall attempt to obtain the signature of that person on the administrative citation. However, if the responsible person refuses or fails to sign the administrative citation, it shall not affect the validity of the citation and subsequent proceedings.

2. If the Code Enforcement Officer or peace officer is unable to locate the responsible person, then the administrative citation shall be mailed to the responsible person in the manner prescribed in section 19.01.070 of this title.

3. Posting. If no one can be located at the property, then the administrative citation shall be posted in a conspicuous place on or near the property and a copy subsequently mailed to the responsible person in the manner prescribed by section 19.01.070 of this title.

F. A copy of the administrative citation shall thereafter be mailed to the responsible person and to the owner of the property if different from the responsible person in the manner prescribed by section 19.01.070 of this title. The failure of any person with an interest in the property to receive notice shall not affect the validity of any proceedings taken under this title.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Any administrative citation that is issued shall contain all of the following information:

A. The name of the responsible party;

B. The name of the property or business owner, if different from the responsible person;

C. The date and location of the violations and the approximate time the violations were observed;

D. The code sections violated and a brief description of how the sections are violated;

E. Where appropriate, the action required to correct the violations;

F. Set forth a deadline by which the violations must be corrected and the consequences of failing to comply;

G. The amount of fine imposed for the violations, if any;

H. An explanation as to how the fine shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the fine;

I. Identify all rights and procedures of appeal;

J. The name and signature of the Officer; and

K. Any other information deemed necessary by the Officer.

(Ord. No. 2020-1056, § 3, 2-24-2020)

An appeal from the issuance of an administrative citation shall follow the procedures set forth in chapter 19.11.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. If the responsible person fails to correct the violation, subsequent administrative citations may be issued for the same violations. The amount of the fine shall increase at a rate specified in subsection B of this section.

B. The fines assessed for each administrative citation issued for the same violations shall be as follows:

1. First administrative cite: $100.00;

2. Second or subsequent administrative cite: $250.00;

3. Third or subsequent administrative cite: $500.00.

4. Administrative citations issued for violations of Ceres Municipal Code subsection 9.16.080.U (use of tobacco products at City park, baseball complex or soccer complex) shall be as follows:

a. First administrative cite: $50.00;

b. Second or subsequent administrative cite: $100.00.

C. Payment of an administrative fine shall not excuse or discharge a responsible person from the duty to immediately abate or correct a violation of the Code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence of a violation of the Code. Nor shall the payment of the fine bar further enforcement action by the City.

D. All fines assessed and late charges shall be payable to the City of Ceres, unless otherwise directed on the citation. All fines and late charges shall be paid to the City at such location or address as stated in the citation or as may otherwise be designated by the City Manager.

E. If an existing Municipal Code provision establishes a fine for conduct or conditions which is less than the administrative citation fines established by this section, the amount of the fines set forth in this section shall be controlling.

F. For all delinquent, unpaid administrative citation fines, there shall be a penalty imposed in the amount of ten percent of the citation fine amount, and an additional one percent per month of the total amount of such fine for each month during the time that the fine remains unpaid after its delinquency date. The delinquency date for a code enforcement administrative citation fine shall be 60 days following the imposition of the fine, or the appeal determination of the Administrative Hearing Officer, whichever is later.

G. Separate fines shall apply for each separate violation, however, in the event that multiple violations are found to occur as a result of an investigation, each such violation listed in the first citation following the investigation, each such violation listed in the first citation following the investigation, each such violation listed in the first citation following the investigation shall be considered a "first violation."

H. The due date for the City's receipt of an administrative fine shall be 30 calendar days from the issuance date of a citation. Thereafter, a late charge shall be due and owing. The amount of the late charge shall be in the amount as prescribed by resolution by the City Council pursuant to applicable law.

I. Abatement or other correction of a violation shall not excuse the obligation of a responsible person to pay an administrative fine, or any late charge unless otherwise provided under the Code.

J. Unpaid administrative fines and late charges shall constitute a debt that may be collected in any manner allowed by law. Where authorized by law the City shall be entitled to recover its attorney's fees and costs arising from an action to collect an administrative fine or late charge if it is the prevailing party.

(Ord. No. 2020-1056, § 3, 2-24-2020)

The failure of any person to pay the fines assessed by an administrative citation within the time specified on the citation may result in the Director or Code Enforcement Officer referring the matter to the Finance Department or other designated agent for collection. Alternatively, the chief of police or Code Enforcement Officer shall pursue any other legal remedy to collect the fines including, but not limited to, those remedies provided by this title.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. Any person who requests a hearing who is financially unable to make the advance deposit of the fine as required in chapter 19.11 may file a request for deposit waiver.

B. The request shall be filed with the Finance Director within ten days of the date of the administrative citation on a deposit waiver application form available from the City Clerk. The Finance Director shall either issue or decline to issue the deposit waiver within five days of receiving the request.

C. The Finance Director shall issue the deposit waiver if the cited party submits to the Finance Director a sworn affidavit, or declaration under penalty of perjury, together with any supporting documents or materials, demonstrating to the satisfaction of the Finance Director the person's actual financial inability to deposit with the City the full amount of the fine in advance of the hearing.

D. The Finance Director shall issue a written determination listing the reasons for his or her determination to issue or not issue the deposit waiver. The written determination of the Finance Director shall be final, and shall be served upon the person who applied for the deposit waiver, the Enforcement Officer, and the City Clerk.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Whenever the responsible person is a person under the age of 18, the City Manager or Enforcement Officer shall provide copies of all notices, citations, and other documents specified in this chapter to the parent or legal guardian of the responsible person. Any fine levied pursuant to this title may be levied jointly and severally against the responsible person and the parent or legal guardian of the responsible person. The parent or legal guardian shall have the right to a hearing and judicial review as set forth in this title.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. Failure of a responsible person to comply with a corrective action stated in any uncontested citation, or with regard to a correction order in any Hearing Officer's decision that is deemed confirmed, shall constitute a misdemeanor and shall be prosecuted by the City Attorney.

B. Any person having a record of noncompliance with corrective action or nonpayment of fine(s) may be required to post security in the form acceptable to the City Manager or City Attorney to ensure compliance with the Code as a condition to the issuance of any entitlement, permit, approval, or license.

C. The City Manager, Chief of Police or authorized designee may dismiss a citation at any time if a determination is made that it was issued in error.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Administrative fines collected pursuant to this title shall be deposited into the general fund.

(Ord. No. 2020-1056, § 3, 2-24-2020)