Citrus Heights Municipal Code Div. 2 Administrative Remedies

It is the purpose of this division to provide the city with additional legal remedies to correct violations of this article and, where necessary, to pursue administrative remedies against persons for their failure to comply with this article.

(Ord. No. 99-07, § 1, 2-24-1999)

At the discretion of the city, administrative remedies may be imposed for all violations of this article. Nothing in this article shall prevent the city from using one or more other remedies to address these violations.

(Ord. No. 99-07, § 2, 2-24-1999)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Enforcement officer means the city employee or agent vested with the authority to enforce this article. The term "enforcement officer" specifically refers to the chief of police and the community development director.

Responsible party means any person and the parent or legal guardian of any person under the age of 18 years who has committed any act for which the city may impose an administrative fine or penalty.

(Ord. No. 99-07, § 3(3.1), 2-24-1999)

Cross reference— Definitions generally, § 1-2.

Whenever an enforcement officer determines that a violation of this article has occurred or is occurring, the enforcement officer shall have the authority to issue an order imposing administrative fines to any responsible party.

(Ord. No. 99-07, § 3(3.2), 2-24-1999)

The order imposing administrative fines pursuant to this division shall contain the following information:

(1) The name and address of the responsible party charged with a violation;

(2) The date of the violation;

(3) The address or definite description of the location where the violation occurred;

(4) The specific section of this article violated and a description of the acts or conditions evidencing the violation;

(5) The amount of the fine;

(6) 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;

(7) An order prohibiting the continuation or repeated occurrence of the specified violation;

(8) A description of the review process relating to administrative orders imposing administrative fines, including the time within which the order may be appealed and the place to which a request for a hearing to appeal the order must be filed;

(9) Notice that a failure of the responsible party to appeal the order imposing administrative fines within the required time will cause the order, and fine specified therein, to become final; and

(10) The name and signature of the citing enforcement officer and the city department within which the enforcement officer works.

(Ord. No. 99-07, § 3(3.3), 2-24-1999)

(a) Persons entitled to service. The order imposing administrative fines pursuant to this division shall be served upon the responsible party charged with violating this article. The failure of the enforcement officer to serve any person required to be served shall not invalidate any proceeding under this division as to any other person duly served or relieve any such person from any duty or obligations imposed on him or her.

(b) Method of service. Service of an order imposing administrative fines may be made upon all persons entitled thereto, either by personal delivery or by certified mail, return receipt requested. Service on any property owner is deemed complete when it is served at the address listed by the owner on the last equalized assessment roll of the county or as known to the enforcement officer issuing the order. If the recipient cannot be personally served, service may be made by substituted service or by posting and mailing by certified return receipt mail, as necessary.

(c) Effective date of service. Service by personal delivery shall be effective on the date such delivery occurs. Service by certified mail in the manner provided in this section shall be effective as of the date of mailing.

(Ord. No. 99-07, § 3(3.4), 2-24-1999)

(a) Established. The amounts of the fines for violations of this article shall be set forth in the schedule of fines established by resolution of the city council.

(b) Increased fines for repeat violations. The schedule of fines shall specify any increased fines for repeat violations of the same section by the same person within one year from the date of issuance of a prior administrative order for such violation.

(c) Charges for late payment. Any person who fails to pay to the city any fine imposed pursuant to this division on or before the date that fine is due shall also be liable for the payment of any applicable late payment charges set forth in the schedule of fines.

(Ord. No. 99-07, § 3(3.5), 2-24-1999)

(a) An administrative fine imposed pursuant to this division shall be paid to the city within 30 days from the date of service of the order imposing administrative fines. Payment of a fine under this division shall not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the order imposing administrative fines.

(b) Any administrative fine paid pursuant to this division shall be returned if it is determined after an appeal hearing, if any, that the person charged in the order imposing administrative fines was not responsible for the violation or that there was no violation as charged in the order imposing administrative fines.

(Ord. No. 99-07, § 3(3.6), 2-24-1999)

(a) Any recipient of an order imposing administrative penalties pursuant to this division may contest the charges contained therein by submitting a written appeal request to the city clerk within 30 calendar days from the date of service of the order. The written request for hearing must be submitted together with an advance deposit of the fine or notice that a request for a hardship waiver has been filed pursuant to section 22-280.

(b) The written appeal request shall contain the following information:

(1) A brief statement of the material facts which the appellant claims support his or her contention that an administrative fine is not warranted or that the amount of the administrative fine is not warranted; and

(2) An address at which the appellant agrees to receive notice, by first class postage prepaid mail, of any additional proceedings or an order relating to the imposition of the administrative fines.

(Ord. No. 99-07, § 3(3.7), 2-24-1999)

(a) Any responsible party who intends to request a hearing to contest the order imposing administrative fines pursuant to this division and who is financially unable to make the advance deposit of the fine as required by section 22-279 may file a written request for a hardship waiver with the finance director on a form provided by the city. The form must be submitted to the finance director within ten calendar days of the date of service of the order imposing administrative fines. The form must be submitted together with a sworn affidavit and supporting documents, demonstrating to the satisfaction of the finance director that the responsible party is financially unable to deposit the full amount of the fine in advance of the hearing.

(b) The requirement of depositing the full amount of the fine in advance of the hearing shall be stayed unless the finance director makes a written determination, based upon documented facts and findings, not to issue the hardship waiver. If the finance director determines not to issue a hardship waiver, the responsible party shall submit the required deposit to the city within ten calendar days of service of the finance director's decision or within 30 calendar days from the date of service of the order imposing administrative fines, whichever occurs later.

(c) The finance director shall serve written notice of his or her determination on the responsible party by first class postage prepaid mail to the address provided in the notice for hearing.

(Ord. No. 99-07, § 3(3.8), 2-24-1999)

(a) Date. A hearing shall be set no sooner than 20 days following the filing of a request for an appeal hearing in accordance with this division and no more than 60 days from the date such request is filed.

(b) Notice. The appellant shall be notified of the time and place set for the hearing at least ten calendar days prior to the date of the hearing. The notice shall be sent to the appellant by first class mail at the address provided in the written appeal request.

(c) Administrative record. If the enforcement officer submits an additional written report concerning the order imposing administrative fines to the hearing officer for consideration at the hearing, a copy of the report shall be served upon appellant at least five calendar days prior to the date of the hearing.

(d) Hearing officer. The city manager shall designate the hearing officer. The hearing officer shall not be a city employee.

(Ord. No. 99-07, § 3(3.9), 2-24-1999)

(a) Testimony. At the time set for hearing an appeal pursuant to this division, the hearing officer shall hear testimony from the city representative, the appellant and any other competent persons with respect to the order. The hearing officer shall give the appellant the opportunity to testify and present evidence concerning the order. The proceedings at the hearing shall be recorded. Either the city or the appellant, at the city's or the appellant's sole expense, may provide a shorthand reporter to maintain a record of the proceedings.

(b) Continuances. The hearing officer may, upon request of the appellant, upon request of the city, or upon his or her own determination, grant continuances from time to time for good cause shown.

(c) Rules of evidence. Government Code § 11513(a), (b), and (c) shall apply to the hearing. The order imposing administrative fines and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

(d) Representation of parties. The appellant and the city may represent themselves or be represented by a person of their choice, including but not limited to legal counsel.

(e) Inspection of premises. For any order which pertains to a violation occurring on property within the city, the hearing officer may inspect the building and premises referenced in the order. This inspection may occur prior to, during, or after the hearing, provided that the hearing officer shall:

(1) Give written notice to the parties prior to making the inspection and give the parties an opportunity to be present during the inspection.

(2) Obtain written consent to the inspection from the parties unless the property can be inspected from areas in which the general public has access or if the hearing officer obtains consent from other persons authorized to give access to the property.

(3) After the inspection, state for the record or file a written statement for inclusion in the hearing record the material facts and conclusions drawn from the inspection.

(Ord. No. 99-07, § 3(3.10), 2-24-1999)

(a) Within 30 days of the hearing of the appeal held pursuant to this division, the hearing officer shall submit written findings of fact and a determination of the issues presented at hearing. The hearing officer's written decision may uphold, cancel, or modify the fine set forth in the order. The decision of the hearing officer shall be final.

(b) If the hearing officer determines that the order imposing administrative fines shall be upheld, the city shall retain the fine amount deposited in advance of the hearing. If the hearing officer determines that the order imposing administrative fines shall be upheld and the fine has not been deposited pursuant to a hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fine.

(c) If the hearing officer determines that the order imposing administrative fines shall be canceled or reduced and the fine was previously deposited with the city, 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.

(d) The appellant shall be served with a copy of the hearing officer's written decision by first class mail at the address provided by the appellant in the written notice of appeal. The hearing officer's decision shall be deemed served two days after the date it is mailed to the appellant.

(Ord. No. 99-07, § 3(3.11), 2-24-1999)

The city may collect past due administrative fines or late payment charges imposed pursuant to this division by use of all available legal means.

(Ord. No. 99-07, § 3(3.12), 2-24-1999)

Any person aggrieved by an administrative decision of the hearing officer made pursuant to this division may obtain review of the decision by filing a petition for mandate with the superior court of the county in accordance with the timelines and provisions set forth in Government Code § 53069.4 and Code of Civil Procedure §§ 1094.5 and 1094.6.

(Ord. No. 99-07, § 3(3.13), 2-24-1999)