Chapter 1.18 — ADMINISTRATIVE CITATIONS

Notwithstanding the provisions of Chapters 1.14 and 1.22 of the Municipal Code, whenever a City employee or any other person designated by the City, City Manager, or by law with authority to enforce ordinances or the Municipal Code determines that a violation of an ordinance or the Municipal Code has occurred, that designated employee or other person shall have the authority to issue an administrative citation to any person responsible for the violation. A responsible person includes any individual or legal entity who is the owner, tenant, co-tenant, lessee, sub-lessee, occupant or other person with any right to possession of the real property, owner or authorized agent of any business, company or entity, or the parent or the legal guardian of any person under the age of eighteen (18) years, who causes, permits or maintains a violation of this Code, its adopted codes or applicable state codes. In the case of a continuing violation where the violation pertains to signage, building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety, the City shall provide the responsible person with a reasonable time as indicated on the citation to correct or otherwise remedy the violation to the reasonable satisfaction of the City employee or other person who issued the citation prior to the imposition of a fine. Each administrative citation shall contain the following information:

A.

The date of the violation and correction date, if applicable.

B.

The address or description of the location where the violation occurred.

C.

A description of the violation, including the section(s) of the ordinance or Municipal Code that was violated.

D.

An order prohibiting the continuation or repeated occurrence of the ordinance or Municipal Code violation described in the citation.

E.

The amount of the administrative fine.

F.

A description of the administrative fine payment process, including time for payment.

G.

A description of the administrative citation hearing process, including the requirements to request a hearing.

H.

The name and signature of the employee or other person issuing the citation.

(Ord. 451, 2013)

The amount of administrative fines shall be as follows:

A.

An administrative fine not exceeding one hundred dollars ($100.00) per day for a first violation.

B.

An administrative fine not exceeding two hundred dollars ($200.00) per day for a second violation of the same ordinance or Municipal Code section within twelve (12) months. However, a second violation of the same provision of a local building and safety code within one year shall be subject to a fine not exceeding five hundred dollars ($500.00) per day.

C.

An administrative fine not exceeding five hundred dollars ($500.00) per day for each additional violation of the same ordinance or Municipal Code section within twelve (12) months. However, a third violation of the same provision of a local building and safety code within one year shall be subject to a fine not exceeding one thousand dollars ($1,000.00) per day.

(Ord. 451, 2013)

The administrative fines shall be paid to the City within thirty (30) days after the administrative citation is issued, unless a request for hearing pursuant to Section 1.18.040 is filed in a timely manner. If an administrative fine remains unpaid in whole or in part after thirty (30) days, interest shall accrue on the unpaid amount calculated commencing on the thirty-first (31st) date at the highest permissible rate under the law. This interest shall be in addition to any late payment charges set forth in the Clayton Master Fee Schedule.

(Ord. 413, 2008)

A.

Any person receiving an administrative citation may request an appeal hearing to contest the citation. Any request for an appeal hearing must be filed in writing with the City Clerk within thirty (30) days of issuance of the citation and shall state the appellant's reason and grounds for the appeal. The hearing request shall be included with a deposit of the fine amount and the appeal hearing fee as set by resolution of the City Council.

B.

Any person who requests a hearing who is financially unable to make the advance deposit of the fine and appeal fee as required in this section may file a request for deposit waiver. The request shall be filed with the city manager at or before the hearing request is filed. The city manager or designee shall issue the deposit waiver if the cited party submits to the city manager or designee a sworn affidavit, or declaration under penalty of perjury, together with any supporting financial documents or materials, demonstrating to the satisfaction of the city manager or designee, the person's actual financial inability to deposit with the city the full amount of the fine and appeal fee in advance of the hearing. The city manager or designee 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 city manager or designee shall be final, and shall be served upon the person who applied for the deposit waiver. In the event the deposit waiver is rejected, the person requesting hearing shall pay the advance deposit of the fine and appeal fee within three (3) business days of the determination. Failure to do so shall abandon the hearing request.

(Ord. 451, 2013)

The City Manager shall designate the Hearing Officer(s) for administrative citation hearings. Hearing Officers may be employees of the City, including the City Manager, or any other person qualified to hear such matters.

A.

The hearing shall be held not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed. The hearing may be continued from time to time as deemed necessary by the Hearing Officer.

B.

At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence or witnesses concerning the administrative citation.

C.

The failure of the person contesting the administrative citation to appear at the hearing shall constitute a waiver of the hearing, a failure to exhaust administrative remedies, and agreement by the person contesting the administrative citation to pay the administrative fine.

D.

The administrative citation and any additional reports submitted by the person issuing the citation shall constitute prima facie evidence of the respective facts contained in those documents.

E.

The rules of evidence as provided by California state law need not be followed unless otherwise decided by the Hearing Officer.

After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written, final administrative decision to uphold or cancel the administrative citation and shall state in the final administrative decision the reasons for that decision. A copy of the final administrative decision shall be served on the recipient of the administrative citation and provided to the employee or the person who initially issued the citation. The final administrative decision of the Hearing Officer shall be final, unless judicially reviewed as set forth in Section 1.18.110 below.

A.

If the final administrative decision of the Hearing Officer affirms the issuance of the administrative citation, then the fine and appeal fee amount on deposit with the city shall be retained by the city.

B.

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

C.

If the Hearing Officer determines that the administrative citation should be canceled or reduced and the fine was deposited with the city, then the city shall promptly refund the amount.

(Ord. 451, 2013)

Any person who fails to pay to the City any administrative fine imposed pursuant to these administrative citation sections 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 Clayton Master Fee Schedule.

On behalf of the City, the city manager may collect any past-due administrative citation fine, appeal fee, or late payment charge by use of all available legal means and the choice of one remedy does not affect the city's ability to use alternative remedies. This includes recovery through small claims court and the

placement of the amounts as a lien or special assessment upon real property owned by the person. The City shall follow the procedures set forth in Chapter 8.08 for collecting unpaid fines, charges and fees as liens or special assessments.

(Ord. 451, 2013)

Any person aggrieved by a final administrative decision of a Hearing Officer on an administrative citation may obtain review of the final administrative decision by filing a petition for review with the Superior Court in Contra Costa County, in accordance with the timelines and provisions set forth in California Government Code § 53069.4.

The administrative citation and all notices required to be given by these administrative citation sections shall be served by personal delivery thereof to the person to be notified. If personal delivery to the person to be notified cannot be completed, the administrative citation or notice shall be posted in a visible location on the property subject to the violation and a copy of the administrative citation or notice shall be deposited in the United States mail, in a sealed envelope postage prepaid, addressed to such person to be notified at the person's last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Failure to receive any notice specified in this section does not affect the validity of proceedings conducted under these administrative citation sections.

Notwithstanding anything in this or other city ordinances, Municipal Code sections, resolutions or orders to the contrary, the issuance of an administrative citation and/or the imposition and/or payment of an administrative fine pursuant to these administrative citation sections shall be in addition to and not exclusive of any other remedy for violation of ordinances or Municipal Code sections that is available under federal, state or local law or regulation.

Each day or portion thereof during which a violation of an ordinance or Municipal Code section exists is a separate violation subject to an administrative citation.

A.

Notices of Pending Action.

If the enforcement officer determines there is a violation of this Code related to nuisances, he or she may file, in the office of the county recorder, a Notice of Pending Action pursuant to Government Code § 38773.5.

When the enforcement officer determines that compliance to this Code pursuant to subsection A. 1. above has not occurred and they intend to file a notice of pending action, a written Notice of the Noncompliance shall be provided, by certified mail return receipt requested, to the record owner or the person in control of the property. Such Notice shall contain: (a) a description of the property; (b) the condition(s) that caused the noncompliance; (c) a reasonable time limit to bring the property into compliance; (d) the potential to record a Notice of Pending Action; and (e) the right to appeal. Any Notice provided in accordance with the provisions of this section shall be deemed complete upon its mailing as set forth herein.

Within seven (7) days from the date of giving of Notice, the owner or person in control of the property may file an appeal of the finding of noncompliance to the Hearing Officer designated pursuant to Section 1.18.050. Such appeal shall be in writing and shall identify the property subject to the notice of pending action. The Hearing Officer must hear the appeal within thirty (30) days from the filing of the appeal or at such later date as may be agreed to by both parties. Notice of the hearing date shall be given in writing. The hearing date shall be no sooner than five (5) days from the date when notice of the hearing is given to the appellant and to the enforcement officer. For the purpose of administrative remedies, the decision of the Hearing Officer is final.

If the finding of noncompliance is not appealed or if the finding of noncompliance is upheld by the Hearing Officer, the City is authorized to immediately record the Notice of Pending Action. Such Notice shall describe the property, certify noncompliance, and state that the owner or person in control of the property has been provided with notification in accordance with the Municipal Code. The Notice of Pending Action notifies any potential purchaser(s) of a violation and/or public nuisance existing on subject property or premises and attempts to prevent the owner from transferring the subject property or premises to another person or entity without first correcting the outstanding violation and reimbursing the City for any and all costs incurred by the City including attorneys' fees in its attempt to remedy the violation.

If a Notice of Pending Action is recorded, and where the permit, inspection, and/or approval required is obtained or correction of violation achieved, and all fines, penalties and abatement costs owed to the City paid, the City shall record or shall provide to the property owner for recordation with the county recorder, a release of the Notice of Pending Action.

B.

Liens and Assessments.

In accordance with Sections 38773.1, 38773.5 or 54988 of the California Government Code and this Code, whenever a city nuisance enforcement action results in moneys owed the City for costs, penalties or

interest thereon, the City may file a lien or special assessment against the property on which it is maintained and a personal obligation against the owner.

The procedures for placing a lien or special assessment on property pursuant to this section will be substantially the same as those set forth in the California Government Code.

(Ord. 370, 2003; Ord. 417, 2008)