Chico Municipal Code Art. I General Provisions

This chapter is adopted pursuant to the municipal affairs provision of the city charter and California Government Code section 53069.4 to provide for the imposition of an administrative fine for any violation of this code and to set forth the procedures for the imposition and collection of such fines.

(Ord. 2180 §§ 4, 5)

This chapter provides for administrative citations in addition to all other civil remedies and as an initial alternative to any criminal remedy which may be pursued by the city to address any violation of this code. The use of this chapter shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this chapter, nor shall the use of this chapter be considered a prerequisite for the use of any other enforcement proceedings. This chapter shall not apply to violations of parking regulations which are subject to civil penalties pursuant to chapter 10.55 of this code.

(Ord. 2180 §§ 4, 5)

As used in this chapter:

A. “Department” means the administrative services department.

B. “Director” means the city administrative services director or a designee.

C. “Enforcing department” means the city department in which an enforcing officer is employed.

D. “Enforcement officer” means any city employee or agent authorized to enforce any provision of this code.

(Ord. 2180 §§ 4, 5, Ord. 2268,Ord. 2439 §8)

A. Authorization to Issue Administrative Citation. An enforcement officer who determines that a violation of this code has occurred has the authority to issue an administrative citation to any person responsible for the violation. “Person responsible for a violation” includes any of the following:

1. A person who causes a code violation to occur.

2. A person who maintains or allows a code violation to continue, by his or her action or failure to act.

3. In cases involving a violation of building, electrical, plumbing, or zoning regulations set forth in this code, or any violation of Title 9, 16, 16R, or 19 of this code, shall also include each owner of the property upon which the violation occurs.

4. If any of those persons are minors, the parent or guardians of such minor(s) shall be the person responsible.

B. Notice of Violation in Lieu of Administrative Citation. If the violation consists of a violation of building, electrical, plumbing or zoning regulations set forth in this code, or any violation of Title 9, 16, 16R, or 19 of this code, the enforcement officer may defer issuance of an administrative citation until the person responsible for a violation has first been given notice of the violation and an opportunity to correct the violation, in accordance with the procedures set forth in this chapter.

C. Administrative Citations in Lieu of Criminal Citations. An administrative citation may be issued pursuant to this section in lieu of any criminal citation which could have been issued for the same violation. The issuance of the administrative citation shall not, however, prevent the issuance of a criminal citation or filing of a complaint for:

1. The same violation when any administrative fine imposed pursuant to this chapter has not been paid by the date payment is due, or

2. A subsequent violation of the same nature.

D. Contents of Administrative Citation. 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 or is occurring;

3. The section of this code which has been violated and a description of the violation;

4. The amount of the administrative fine for the code violation;

5. A description of the fine payment process, including the date upon which the fine is due and the place at 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 manner in which review of the citation may be requested; and

8. The name of the citing enforcement officer.

E. Service and Filing of Administrative Citations. The enforcement officer shall serve the original citation on the person cited in the manner set forth in this chapter and shall forward a copy of the administrative citation to the department.

(Ord. 2180 §§ 4, 5, Ord. 2364 §18, Ord. 2439 §9, Ord. 2473 §1)

The amounts of the administrative fines imposed for code violations under this chapter shall be established by resolution of the city council. That resolution shall also set forth any increased fines for repeat violations of the same code provision by the same person within 12 months from the date of a previous administrative citation.

(Ord. 2180 §§ 4, 5)

An administrative fine shall be paid to the city within 21 calendar days from the date of the administrative citation or, if a request for an initial administrative review is submitted, within 15 calendar days of the date of the notice that the administrative review determined that the citation should not be canceled. 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. 2180 §§ 4, 5)

A. Penalties. The director shall add a penalty of ten percent to the original amount of any delinquent administrative fine on the last day of each month after the due date thereof. However, the total amount of such penalties to be added shall not exceed 50 percent of the amount of the administrative fine.

B. Interest. In addition to the penalties imposed, any recipient of an administrative citation who fails to remit an administrative fine by its due date shall pay interest at the rate of one percent per month, or fraction thereof, on the amount of the delinquent administrative fine, exclusive of penalties, from the first day of delinquency until paid.

(Ord. 2180 §§ 4, 5)

Whenever an administrative citation has been issued for the undertaking of any activity without a permit, license, or franchise required by this code and the amount of the administrative fine imposed for that violation is delinquent, no permit, license, or franchise for that activity shall be issued unless and until the delinquent administrative fine and any applicable penalties and interest are first paid.

(Ord. 2180 §§ 4, 5, Ord. 2189 §5)

The administrative citation and all notices authorized or required to be given by this chapter shall be deemed served when made in writing and either personally delivered to the person cited or responsible for the violation or deposited in the United States mail, first class postage prepaid, addressed to such person at the last known address. However, if a citation or notice is required to be served on the owner of property, it shall be deemed served when made in writing and deposited in the United States mail, addressed to the owner at the owner’s address as it appears on the latest equalized or supplemental assessment roll of the County of Butte. Service of a citation or notice by mail in the manner provided for by this section shall be effective on the date of mailing, and the failure of any person to actually receive any citation or notice specified in this chapter shall not affect the validity of the citation or notice or of the proceedings conducted hereunder.

(Ord. 2180 §§ 4, 5, Ord. 2268)