Clearlake Municipal Code § 1-9 Administrative Citations

Editor’s Note: Prior ordinance history includes portions of Ordinance Nos. 83-98, 89-98, 99-00 and 101-01(b). For definitions applicable to Section 1-9, see subsection 1-8.2 of this Chapter.

This Section 1-9 is adopted pursuant to Government Code Section 36901 and 53069.4, and the general police powers of the City of Clearlake under California Constitution Article XI, Section 7. (Ord. #222-2019, S4)

a. The purpose of this Section 1-9 is to provide for administrative penalties, in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of a City ordinance, any provisions of this Code, including adopted codes, conditions to entitlements or contracts, permits, licenses, and environmental documents issued or approved by or on behalf of the City. Use of the provisions of this section shall be at the sole discretion of the City. b. This Section 1-9 is adopted in order to achieve the following goals: 1. Protect the health, safety and welfare of the City and its citizens; 2. Provide an administrative process for imposing and appealing administrative penalties, and for enforcing such penalties; 3. Penalize responsible parties who fail or refuse to comply with any City ordinance, this Code, including adopted codes, conditions to entitlements or contracts, permits, licenses, and environmental documents issued or approved by or on behalf of the City; 4. Minimize expense and delay where the alternative remedy is to pursue responsible parties in the civil or criminal justice system. (Ord. #222-2019, S4)

ADMINISTRATIVE CITATION means a citation issued pursuant to this Section 1-9 imposing an administrative fine pursuant to this Section 1-9. ADMINISTRATIVE COSTS means all direct and indirect costs incurred as a result of an administrative citation hearing, including, but not limited to, reasonable attorney fees, and costs relating to the initial review, scheduling, and processing of the administrative hearing. ADMINISTRATIVE FINE means the fine or penalty imposed on the responsible person for an administrative violation. ADMINISTRATIVE PROCESSING AGENCY means the entity contracted by the City to process administrative citations, or, in the absence of such a contract, means the City. ADMINISTRATIVE VIOLATION means any violation of this Code, applicable statutory provisions, ordinances, uniform codes adopted by the City, orders issued by a commission, board, hearing officer, or other body authorized to issue orders, or any conditions or requirements imposed on or by any entitlement, permit, or environmental document issued or approved by the City. CONTINUING VIOLATION means any administrative violation pertaining to building, plumbing, electrical, or other similar structural or zoning issue that does not create an imminent hazard to health or safety. A “continuing violation” does not include an administrative violation that can be corrected by the responsible party through the immediate cessation or discontinuation of any prohibited activity or by the immediate implementation of a required activity as determined by the issuing department. ENFORCEMENT COSTS means all direct and indirect costs incurred by the issuing department in investigating, inspecting, or abating any administrative violation, including, but not limited to, noncompliance fees and costs incurred in preparing for and attending an administrative citation hearing. ENFORCEMENT OFFICER means any police officer, inspector, or other employee or agent of the City having the power to enforce any administrative violation, including Enforcement Officers of non-City entities that have the authority to perform such enforcement through agreements with any City departments. HEARING OFFICER means the City Manager or his or her designee appointed to consider all timely requests for an administrative hearing upon issuance of a citation. ISSUING DEPARTMENT means the City department or office that has authority and responsibility for enforcing administrative violations subject to an administrative citation, including non-City entities that have the authority to perform such enforcement through agreements with any City departments. MINOR means any person under the age of eighteen (18) years. RESPONSIBLE PERSON means any person, as defined in Section 1-2, who is any of the following: 1. A person who causes or materially contributes to the causation of an administrative violation;

A person who maintains or allows an administrative violation to continue by his or her action or inaction; 3. A person whose agent, employee, or independent contractor causes or materially contributes to the causation of an administrative violation; 4. An on-site manager of a business who is responsible for the activities occurring at the premises where an administrative violation occurs; 5. A trustee or other person who is given the legal authority to manage property on behalf of someone else where an administrative violation occurs; 6. A person who is a parent or guardian having custody and control of a minor who contributes to the causation of an administrative violation; 7. A person who is the owner of, or who exercises control over, or any lessee or sublessee with the current right of possession of, real property where a property related administrative violation occurs. (Ord. #222-2019, S4)

a. Except as provided in subsection (b) of this subsection, whenever an Enforcement Officer determines that an administrative violation has occurred, whether or not committed in their presence, the Enforcement Officer is authorized to issue an administrative citation to the responsible person(s). If the responsible person is a minor, the Enforcement Officer is authorized to issue an administrative citation to the parent(s) or guardian(s) having custody and control of the minor. Notification of the administrative violation to the holder of any lease, mortgage, deed of trust, or other encumbrance of record shall conform to the policies and procedures established by the issuing department. b. When the administrative violation pertains to a continuing violation that does not create an immediate threat to health or safety, a reasonable period of time to correct the administrative violation must be afforded to the responsible person prior to issuing an administrative citation. If the administrative violation is remedied prior to the expiration of the correction period, no administrative citation shall be issued for that administrative violation. However, the responsible person shall remain liable for and shall pay the enforcement costs associated with the administrative violation. 1. Notwithstanding this subsection (b), when the violation pertains to building, plumbing, electrical or other similar structural or zoning regulations as a result of, or to facilitate, the cultivation of cannabis proscribed by this Code, an administrative citation may be immediately issued unless all of the following are true: (a) A tenant is in possession of the property; and (b) The property owner provides evidence that the rental or lease agreements prohibits the cultivation of cannabis; and

(c) The property owner could not have known of the illegal cannabis cultivation. c. Each administrative violation shall constitute a separate and distinct offense subject to an administrative fine, as provided for in this Section 1-9. Each and every day an administrative violation exists shall constitute a separate and distinct offense subject to an administrative fine, as provided for in this Section 1-9. d. An error in an administrative citation is subject to correction without affecting the validity of the citation. A copy of the notice of correction shall be served on the responsible party in accordance with subsection 1-9.5. (Ord. #222-2019, S4)

a. An administrative citation in a form developed by the issuing department and subject to the approval of the City Attorney may be issued to the responsible person(s) by an Enforcement Officer for administrative violations in any of the following manners: 1. Personal Service. The Enforcement Officer may personally serve the administrative citation on the responsible person(s). If the responsible person is a minor, the Enforcement Officer shall also attempt to serve the administrative citation on the parent(s) or guardian(s) having custody and control of the minor. Failure or refusal to sign an administrative citation shall not affect the validity of the administrative citation and subsequent proceedings. 2. Mail. The administrative citation may be mailed to the responsible person by first class mail. If the responsible person is known to be a minor, the administrative citation shall be mailed to the parent(s) or guardian(s) having custody and control of the minor by first class mail. Service shall be deemed effective on the date of mailing. (a) If the responsible person is the property owner where a property related administrative violation occurs, the administrative citation shall be sent to the mailing address shown on the County’s last equalized property tax assessment rolls (if any), and the last known address of the responsible person. (b) If the responsible person is the tenant or other possessor of property where a property related administrative violation occurs, the administrative citation shall be sent to the property address. 3. Posting. For real property-related violations of the Code, if service cannot be accomplished personally or by mail, the Enforcement Officer may post the administrative citation on the real property where the violation is alleged to have occurred. Service shall be deemed effective at the time of posting. b. The failure of any responsible person to receive such notice shall not affect the validity of any proceedings taken under this section. c. An administrative citation shall contain the following information:

The date, approximate time and address (or definite description of the location where no address exists) where the violation(s) existed or occurred; 2. The name and mailing address, if any, of the responsible person; 3. The section(s) of this Code or applicable Federal or State codes violated and a description of the violations(s); 4. Description of correction action required and compliance date, where appropriate; 5. The amount of the administrative fine for the violation, the date by which the fine is due and payable to the City and an explanation of how the fine shall be paid; 6. An explanation that each and every day an administrative violation exists shall constitute a separate and distinct offense subject to an administrative fine; 7. The process for appealing the issuance of the administrative citation, including how and the time within which to do so; and 8. The name of the Enforcement Officer and the date of issuance. (Ord. #222-2019, S4)

a. Unless otherwise specified in this Code, notwithstanding Section 1-5, General Penalty, the administrative fine for a violation determined to be an infraction shall be: 1. A fine of one hundred ($100.00) dollars for a first violation. 2. A fine of two hundred ($200.00) dollars for a second violation of the same ordinance within one (1) year of the first violation. 3. A fine of five hundred ($500.00) dollars for each additional violation of the same ordinance within one (1) year of the first violation. b. Notwithstanding Section 1-5, the administrative fine for a violation of local building and safety codes determined to be an infraction is punishable by the following: 1. A fine of one hundred thirty ($130.00) dollars for a first violation. 2. A fine of seven hundred ($700.00) dollars for a second violation of the same ordinance within one (1) year of the first violation. 3. A fine of one thousand three hundred ($1,300.00) dollars for each additional violation of the same ordinance within one (1) year of the first violation.

A fine of two thousand five hundred ($2,500.00) dollars for each violation of the same ordinance within two (2) years if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property. c. The City Council may adjust the penalties for specific administrative violations by resolution. d. Pursuant to Government Code Section 36900, a responsible party may request a hardship waiver to reduce the amount of the fine imposed pursuant to subsection (a)(2), (a)(3), (b)(2), (b)(3) or (b)(4) of this section. 1. A hardship waiver for a fine reduction may be requested no later than fourteen (14) calendar days after the administrative violation is served. This responsible party is required to make a showing that they have made a bona fide effort to comply after the first violation and that payment of the full amount would impose an undue financial burden on them. The head official of the issuing department, or their designee, is charged with reviewing fine reduction requests. Any responsible party receiving a fee reduction pursuant to this subsection retains the right to appeal the administrative violation pursuant to subsection 1-9.7. The twenty- one (21) calendar day appeal period of subsection 1-9.7 shall not be extended due to any fine reduction request pursuant to this subsection. e. Subject to subsection 1-9.10, each and every day during any portion of which any violation is committed, continued, or permitted shall be deemed a separate and distinct violation for purposes of setting the administrative fine pursuant to this subsection. f. The penalty imposed shall be payable to the City, or to a collection agency if the penalty has been assigned to a collection agency, pursuant to subsection 1-9.9. (Ord. #222-2019, S4)

a. Initial Review. The responsible person may contest an administrative citation no later than twenty-one (21) calendar days after the administrative violation is served. The appeal request must be in writing, specifying the basis for the appeal in detail, and filed with the administrative processing agency as indicated in the administrative citation. The initial review will be completed by the head official of the issuing department or their designee. 1. If, following the initial review, the citation is upheld, the responsible person shall be notified by mail and informed of their obligation to pay the administrative fine within fifteen (15) days of the mailing, or of their right to request an administrative hearing. b. Administrative Hearing. 1. If the responsible person chooses to contest the outcome of the initial review, within fifteen (15) days of the mailing of the results of the initial review, the responsible person shall submit a written request, on an official form provided by the City, requesting an administrative hearing. Said form, hereinafter referred to as a request for administrative hearing, shall include an advance deposit in the full amount of the administrative fine or one thousand ($1,000.00) dollars, whichever is less, or written proof of financial hardship as specified below. A hearing shall be scheduled when the aforementioned conditions are met. (a) A responsible person who fails to submit a request for administrative hearing within fifteen (15) days, or who fails to make the required deposit or provide written proof of financial hardship, will have waived the right to contest the initial review and shall pay the administrative fine in accordance with the timeline set forth in subsection (a)(1) of this section. (b) In lieu of the advance deposit required, written proof of financial hardship, which shall be in the form of a declaration signed by the responsible person under penalty of perjury, along with supporting documentation as specified by the City, shall be filed with the administrative processing agency. 2. The hearing shall be set for a date that is not less than five (5) days from the date of mailing of the notice of hearing. The notice of hearing shall state the date, time and place of the hearing and direct the property owners or occupant and other responsible parties to appear and show cause why the administrative fine should not be imposed. The notice of the hearing shall be sent by first class mail postage prepaid, return receipt requested. 3. The Hearing Officer may, in their discretion, grant or deny a continuance of the hearing date upon a request by the responsible party or the issuing department and a showing of good cause. c. Failure to Attend a Hearing. 1. If the responsible person or his or her representative fails to attend the scheduled hearing, he or she shall be deemed to have waived his or her right to an administrative hearing. Under these circumstances, the Administrative Hearing Officer shall find the responsible person in default and shall issue a written notice to that effect. A default under this subsection shall constitute a forfeiture of the administrative fine and a waiver of any right to challenge the assessed enforcement costs and administrative costs. A default under this subsection shall also be a bar to judicial review of the Hearing Officer decision based upon failure to exhaust administrative remedies. A default under this provision may be set aside by the Administrative Hearing Officer at the request of the responsible party upon a showing of good cause for failing to appear at the administrative hearing. 2. A responsible person who has been issued an administrative citation and who has requested an administrative hearing to challenge the citation as provided in this article may request in writing that his or her challenge to the citation be withdrawn and the hearing cancelled. Upon receipt of a request to withdraw a challenge to the administrative citation, the City shall cancel the pending hearing, and issue a written notice to that effect. A withdrawal under this subsection shall constitute a forfeiture of the administrative fine and a waiver of any right to challenge the assessed enforcement costs and administrative costs. A withdrawal under this subsection shall also be a bar to judicial review of the Hearing Officer decision based upon failure to exhaust administrative remedies. 3. If a financial hardship waiver was granted and the responsible person is in default as provided above or a challenge to the citation is withdrawn pursuant to above, the administrative fine, enforcement costs, and administrative costs shall be due and payable by the responsible person(s) to the City within fifteen (15) calendar days following the date that had been set for the administrative hearing. d. Procedures at the Administrative Hearing. 1. A Hearing Officer shall preside at the hearing and hear all facts and testimony presented and deemed relevant. The hearing is informal in nature, and formal rules of evidence and discovery do not apply. The proceedings shall be audio-recorded by the City. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. 2. The Hearing Officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the recipient of the administrative citation has caused or maintained the violation(s) on the date(s) specified in the administrative citation. 3. The City bears the burden of proof at an administrative hearing to establish the existence of the administrative violation specified on the citation. The Administrative Hearing Officer shall use preponderance of the evidence as the standard of proof in deciding the issues. 4. The administrative citation and any additional documents submitted by the issuing department shall be accepted by the Administrative Hearing Officer as prima facie evidence of the respective facts contained in those documents. The Enforcement Officer may attend the hearing but is not required to do so. 5. Each party shall have the opportunity to testify, cross-examine witnesses, and present witnesses and evidence in support of his or her case. Written and oral evidence submitted at the hearing shall be submitted under penalty of perjury. Documentary and other tangible evidence must be authenticated to the satisfaction of the Administrative Hearing Officer. Nothing shall preclude the use of telephonic or other electronic means of communication if deemed appropriate by the Administrative Hearing Officer. 6. The Hearing Officer may continue the hearing as necessary. The decision of the Hearing Officer shall be final upon adoption of an order containing its determination. 7. The Hearing Officer’s decision shall include that an aggrieved party may file a petition for review with the California Superior Court, County of Lake, pursuant to California Government Code Section 53069.4. The failure of a responsible party to appear at the administrative citation hearing shall be deemed a failure to exhaust administrative remedies. e. Decision of the Administrative Hearing Officer. 1. After considering all of the testimony and evidence submitted at the hearing, the Administrative Hearing Officer shall, within fifteen (15) days thereafter, render a decision in writing. The decision rendered by the Administrative Hearing Officer is not exclusive and does not preclude or foreclose the City Attorney’s office from pursuing any and all other remedies provided by law. The Administrative Hearing Officer shall render a decision as follows:

(a) Determine that the administrative violation specified in the citation is founded, and impose an administrative fine in the amount set forth in the citation and if the administrative violation has not been corrected as of the date of the hearing, order correction of the administrative violation; or (b) Determine that the administrative violation specified in the citation is founded, but that the administrative fine was incorrectly assessed with the administrative fine schedules as provided for in subsection 1-9.6, warranting imposition of a lesser or greater administrative fine than that prescribed in the citation and impose a lesser or greater administrative fine and, if the administrative violation has not been corrected as of the date of the hearing, order that the administrative violation be corrected; or (c) Determine that the administrative violation specified in the citation is founded, but that the issuing department or the responsible party has introduced credible evidence of aggravating or mitigating circumstances warranting imposition of a lesser penalty than that prescribed in this Code, and impose a lesser administrative fine, and if the administrative violation has not been corrected as of the date of the hearing, order that the administrative violation be corrected; or (d) Determine that the administrative violation specified in the citation did not occur and cancel the administrative fine; or (e) Dismiss the administrative violation in the interests of justice and cancel the administrative fine; and (f) Determine the amount of the enforcement costs and associated administrative costs to be imposed, if any. 2. The administrative order shall include the reasons for the decision and be served on all parties by any one of the methods listed in subsection 1-9.5 or through service by first class mail, postage prepaid on the responsible person(s) at the address he or she provided in the request for administrative hearing. In addition to the matters set forth above, the decision rendered by the Administrative Hearing Officer shall address the following: (a) Administrative Fines. (1) If the Administrative Hearing Officer imposes an administrative fine, the City shall keep the funds deposited at the time of the hearing request. If the deposited funds are less than the administrative fine, the responsible person(s) shall pay the outstanding amount of the administrative fine to the City within fifteen (15) calendar days of the administrative order becoming final. If the deposited funds equal more than the administrative fine, the City shall promptly refund the appropriate amount of the funds to the responsible person(s). (2) If the Administrative Hearing Officer determines that the administrative violation specified in the citation did not occur and cancels the administrative fine, then the City shall promptly refund the amount of funds deposited by the responsible person at the time of the hearing request and no enforcement costs or administrative costs shall be assessed. (b) Enforcement Costs and Administrative Costs.

(1) Enforcement Costs. The administrative order shall assess all reasonable enforcement costs to be paid by the responsible person. The responsible person(s) shall pay the enforcement costs to the City within fifteen (15) calendar days of the administrative order becoming final. (2) Administrative Costs. The administrative order shall assess all reasonable administrative costs to be paid by the responsible person. The responsible person(s) shall pay the administrative costs to the City within fifteen (15) calendar days of the administrative order becoming final. (c) The administrative order shall become final on the date of mailing or other service. f. Neither imposition nor payment of an administrative fine shall relieve the responsible person from his/her obligation to correct the violation, nor shall it bar further enforcement action by the Enforcement Officer. g. The time requirement for filing a request for hearing form shall be deemed jurisdictional and may not be waived. If no timely appeal is filed, the administrative citation and fee set forth therein is final. (Ord. #222-2019, S4; Ord. #236-2020, S2)

a. Once an administrative order becomes final as provided in this section, no further appeal may be filed pursuant to the provisions of this Code, except as provided for in this section or as otherwise provided by law. b. Once an administrative order becomes final, the time in which judicial review of the order must be sought shall be governed by California Code of Civil Procedure Section 1094.6. c. Should any court of competent jurisdiction determine that the City must provide an appeal to any final administrative order in a manner other than set forth in California Code of Civil Procedure Section 1094.6, then it is the intent of the City Council that the administrative penalty process remain as provided herein and to provide that any appeal which is timely requested follow the procedures set forth in Government Code Section 53069.4. (Ord. #222-2019, S4)

a. Any responsible person who is issued an administrative citation pursuant to this section and does not pay within twenty-one (21) calendar days of service of the citation or in accordance with a due date set forth following an initial review or administrative hearing shall be assessed a late payment fee of fifty (50%) percent of the original amount of the citation. b. The City may use any civil legal remedy available to collect any unpaid administrative fine, including, but not limited to, civil action, injunctive relief, Franchise Tax Board Intercept, specific performance and the recordation of a lien or a notice of the administrative violation against real property and in accordance with applicable law. The City may assess additional fees to cover the costs of collection of any unpaid administrative fine.

The Clearlake Municipal Code is current through Ordinance 286-2026, passed April 2, 2026. Disclaimer: The City Clerk’s Office has the official version of the Clearlake Municipal Code. Users should contact the City Clerk’s Office for ordinances passed subsequent to the ordinance cited above. City Website: www.clearlake.ca.us Hosted by General Code. c. The City may withhold issuance of licenses, permits and other entitlement for any property whenever an administrative fine resulting from an administrative violation on that property remains unpaid or the owner of the property has outstanding, unpaid administrative penalties for violations of the Code. (Ord. #222-2019, S4)

a. All remedies and penalties provided for in this Section 1-9 shall be cumulative and not exclusive. The payment of penalties by or on behalf of any responsible party shall not relieve such responsible party from the responsibility of correcting, removing or abating the violation, nor prevent the enforced correction, removal or abatement thereof. b. Each and every day during any portion of which any violation of any City ordinance(s), any section(s) of this Code, or any violation of other authorities subject to this Section 1-9 is committed, continued, or permitted by such responsible party(ies), shall be deemed a separate and distinct violation for purposes of setting the penalty amount pursuant to subsection 1-9.6. (Ord. #222-2019, S4)

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