Coachella Municipal Code Ch. 3.20 Administrative Citations

Whenever a code enforcement officer or other authorized agent determines that a violation of this code has occurred, or that a violation exists which is deemed to constitute a public nuisance as set forth in this Code or other applicable statute, rule, code or regulation, the officer or agent, in lieu of issuing a criminal citation or causing or requesting the city prosecutor to file a criminal complaint, may issue an administrative citation to each party responsible for the violation.

(Prior code § 14½-121)

(Ord. No. 1098, § 4, 12-14-16)

A. Any responsible party to whom an administrative citation is issued, shall be responsible for payment of an administrative fine, the amount of which shall be set forth by this code or a resolution of the city council through adoption of an administrative fine schedule. The maximum fine for any violation not listed in the administrative fine schedule that is designated as an infraction shall be one hundred dollars ($100.00) for the first violation, two hundred dollars ($200.00) for the second violation of the same code section within twelve (12) months, five hundred dollars ($500.00) for a third violation of the same code section within twelve (12) months, and one thousand dollars ($1,000.00) for each subsequent violation of the same code section within twelve (12) months. A fourth violation of the same code section otherwise designated as an infraction, and each subsequent violation thereof, within twelve (12) months is hereby designated to be a misdemeanor. The maximum fine for any violation not listed in the administrative citation fine schedule that is designated as a misdemeanor shall be one thousand dollars ($1,000.00) for each offense. Each subsequent violation of the same CCC section shall be subject to double the fine of the previous violation up to a maximum of one thousand dollars ($1,000.00) per violation.

B. Upon the issuance of an administrative citation, or the expiration of the applicable grace period, any associated fines shall automatically renew and accrue each day until the violation is corrected.

(Prior code § 14½-122)

(Ord. No. 1098, § 5, 12-14-16)

A. Any responsible party to whom an administrative citation has been issued for continuing violations that do not create an immediate danger to health or safety shall be provided a reasonable opportunity to correct the violations ("grace period") of not less than three calendar days, or as otherwise set by resolution of the city council, prior to the imposition of any administrative fine.

B. The citing officer may extend the time in which to correct or otherwise remedy a violation upon a showing of good cause that the responsible party requires additional time to complete repairs, or upon a showing for good cause that the responsible party is awaiting issuance of a permit or approval, provided that the responsible party offers proof that he or she has commenced taking action to correct or otherwise remedy the violation and that a proper application for such permit or approval has been made to the appropriate public entity.

(Prior code § 14½-123)

(Ord. No. 1098, § 6, 12-14-16)

Administrative citations shall include all of the following information:

A. The name of the persons responsible for committing the violations.

B. The date of the violations.

C. The street address or a definite description of the location where the violations occurred.

D. The code sections violated.

E. A brief description of the violations.

F. Designation of whether each violation is continuous.

G. Designation of whether each violation creates an immediate danger to health or safety.

H. The grace period for each violation, if applicable.

I. The amount of the administrative fine for each violation (if not cured within the grace period, if applicable).

J. A brief description of the fine payment process, including a description of the time within which, and the place to which, the fine shall be paid.

K. A brief description of the administrative citation appeal process, including the time within which a notice of appeal must be filed.

L. A brief description of the process by which the city may collect any unpaid fines.

M. A brief description of the potential consequences should the violator continue or repeat the violation.

N. The name and signature of the code enforcement officer or other authorized person who issued the administrative citation ("citing officer").

(Prior code § 14½-124)

(Ord. No. 1098, § 7, 12-14-16)

An administrative citation may be in letter form or any other form which adequately conveys the information set forth in Section 3.20.040.

(Prior code § 14½-125)

Administrative citations, and all notices issued under this chapter, may be served on the responsible parties in accordance with any of the following methods:

A. Personal service to the responsible parties.

B. First class mail to the responsible parties at the property address containing the violations being cited.

C. First class mail to the responsible parties at their last known address.

D. If the responsible party is an entity registered with the Secretary of State, then by first class mail to the party's agent for service of process as registered with the Secretary of State, or as otherwise permitted by the Corporations Code.

E. If the address for a responsible party cannot be determined, then that party may be served by posting the administrative citation in a conspicuous place on the parcel of real property containing the violation and mailing the citation to that responsible party at that property's address by first class mail.

(Prior code § 14½-126)

(Ord. No. 1098, § 8, 12-14-16)

Service of an administrative citation, or any notice under this chapter, that is personally served shall be deemed completed at the time of such delivery. Service of an administrative citation, or any notice under this chapter, that is served by mail is deemed completed on the date such citation is deposited in the mail. Service of an administrative citation, or any notice under this chapter, that is served by posting is deemed completed on the date such posting is made.

(Prior code § 14½-127)

(Ord. No. 1098, § 9, 12-14-16)

Any recipient of an administrative citation may contest that there was a violation, or that he or she is the party responsible for committing the violation, by filing with the city a complete and proper appeal of an administrative citation as described in Section 3.20.090, to the citing officer. Such appeal shall be filed within ten (10) calendar days from the date service of the administrative citation is completed. Any appeal not timely and properly filed shall be rejected. Failure to properly request an appeal, or to appear at a hearing as properly requested and duly noticed, shall constitute a waiver of the right to contest the administrative citation, a waiver of the right to contest the administrative fines, a failure to exhaust the available administrative remedies, and a bar to any further appeals of the administrative citation.

(Prior code § 14½-128)

(Ord. No. 1098, § 10, 12-14-16)

All appeals from any administrative citation shall be in writing and shall contain the following information: (a) name(s) of each appellant; (b) a brief statement in ordinary and concise language of the specific items protested, together with any material facts claimed to support the contentions of the appellant; (c) a brief statement in ordinary and concise language of the relief sought and the reasons why the administrative citation should be rescinded, modified or otherwise set aside; and (d) the signatures of all parties named as appellants and their mailing addresses. Any appeal filed that fails to provide all of the information required by this section shall be deemed incomplete.

(Prior code § 14½-129)

Editor's note— Ord. No. 1098, § 11, adopted Dec. 14, 2016, repealed former § 3.20.100 in its entirety which pertained to a filing fee for appeals and derived from prior code § 14½-130.

Editor's note— Ord. No. 1098, § 12, adopted Dec. 14, 2016, repealed former § 3.20.110 in its entirety which pertained to incomplete filings and derived from prior code § 14½-131.

Failure to timely and properly file an appeal from an administrative citation shall constitute a waiver of all rights to an administrative appeal hearing and adjudication of the administrative citation or any portion thereof. The determination that the violation occurred and that the violator was responsible for the violation shall be deemed final on the date that service of the administrative citation is deemed completed pursuant to Section 3.20.070.

(Prior code § 14½-132)

The appeal of any administrative citation shall proceed in accordance with the provisions of Chapter 3.28.

(Prior code § 14½-133)

Enforcement of any administrative citation shall be stayed during the pendency of an appeal therefrom which is properly and timely filed pursuant to this chapter.

(Prior code § 14½-134)

All fines must be paid within thirty (30) days of the effective date of the fine, or within thirty (30) days following the decision of the hearing officer upholding the fine following a valid hearing. The amount of the fine for which the recipient shall be responsible shall be as set forth in the administrative citation and specified herein. Payment of the administrative fine shall be made to the "City of Coachella" and delivered to the department issuing the citation.

(Prior code § 14½-135)

(Ord. No. 1098, § 13, 12-14-16)

The city may collect any past due administrative citation fines, costs, expenses, fees, and attorneys' fees by use of all available legal means, including, but not limited to, personal collection from the responsible parties, judgment liens, personal property liens, special assessments against the parcel of real property containing the violations cited, and submission to the Franchise Tax Board for collection through an intercept collection program. The city may also recover all fines, costs, expenses, fees, and attorneys' fees associated with the assessment, enforcement, processing, and collection of the fines associated with the administrative citation in accordance with Chapter 1.10, Chapter 3.36, Chapter 3.56, and any other provisions of this code, or as provided by any other law. The remedies prescribed by this section shall be cumulative, and the use of any action to collect any such amounts as a debt by civil action shall not bar the use of any other remedy provided by this chapter or as otherwise provided by law. The fines, costs, expenses, fees, and attorneys' fees contemplated by this section are deemed nuisance abatement costs for purposes of collecting these amounts as a special assessment against the parcel of real property containing the violations cited in accordance with Government Code section 38773.5.

(Ord. No. 1098, § 14, 12-14-16)

Editor's note— Ord. No. 1098, §§ 15—-19, respectively repealed former §§ 3.20.160—3.20.190 in their entirety. Subject and legislative history of these former sections follows.

Editor's note— Ord. No. 1078, § 2, adopted Sept. 9, 2015, repealed § 3.20.200, which pertained to attorney's fees and derived from prior code, § 14½-140.