Colfax Municipal Code Ch. 1.25 Administrative Citations

This chapter provides for administrative citations, fines and penalties, as allowed by Government Code Section 53069.4, which are in addition to all other civil or criminal remedies which the city may pursue to address any violation of this Code. Use of this chapter shall be at the sole discretion of the city, and shall not limit the discretion of the city to pursue any other remedies.

(Ord. No. 532, § 1(Exh. A), 3-8-2017)

For the purposes of this chapter, "enforcement officer" shall mean any city employee or agent of the city with the authority to enforce any provision of this Code and includes, without limitation, the city manager or his/her designee, the city attorney, the community services director, the chief building official and any other city officer or employee or agent authorized to serve as enforcement officer.

(Ord. No. 532, § 1(Exh. A), 3-8-2017)

A. Amount of Fine—General. Any responsible person shall be subject to an administrative fine in the amounts set forth below. Responsible person shall mean 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. A person whose agent, employee, or independent contractor causes a code violation by its action or failure to act;

4. A person who is the owner of, lessee or sublessee with a current right of possession of real property where a property-related code violation occurs;

5. A person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities at such premises;

6. A person who is the beneficiary under a deed of trust for the property where a property related violation exists and that person has not corrected the violation within thirty (30) days after being notified by the city in writing of the violation;

7. A person who has received a permit, license, or any type of land use approval (e.g., building permits, tentative maps, subdivision maps, conditional use permits, variances), who has failed to comply with all conditions imposed upon the permit, license or other approval.

8. A person who fails to timely comply with any nuisance abatement order issued by any city enforcement officer or city official.

For purposes of this section, "person" means and includes a natural person, corporation, limited liability company, limited liability partnership or other legal entity, and the owners, corporate officers, trustees, and general partners of a legal entity. There shall be a rebuttable presumption that the record owner of a parcel as listed on the most recent equalized property tax assessment rolls and a lessee or sublessee of a parcel has notice of any code violation existing on the premises. For purposes of this chapter, there may be more than one responsible person for a violation.

B. Amount of Fine: Specific Properties.

1. Single and Multi-Family Residences. For first-time violations of a chapter or section of this Code on single- and multi-family residences, the administrative fine shall be five dollars ($5.00) per violation for each and every calendar day that the violation is not abated following the deadlines set forth in the notice of violation. For a second violation of a chapter or section of this Code on single- and multi-family residences within one year of the first, the administrative fine shall be ten dollars ($10.00) per violation for each and every calendar day that the violation is not abated or recurs following the deadlines set forth in the notice of violation. For each additional violation of a chapter or section of this Code on single- and multi-family residences within one year, the administrative fine shall be fifteen dollars ($15.00) per violation for each and every calendar day that the violation is not abated or recurs following the deadlines set forth in the notice of violation. The maximum amount of the administrative fine set forth above may be increased or decreased by resolution of the city council. For purposes of this section, "multi-family residences" includes residential structures described in Section 17.64.080 of this Code that contain four or fewer duly permitted residential units and excludes all other use type classifications described in Chapter 17.64 of this Code.

2. Commercial, Industrial and All Other Properties. For first-time violations of a chapter or section of this Code on commercial, industrial and all other properties that are not single- or multi-family residences, the administrative fine shall be one hundred dollars ($100.00) per violation for each and every calendar day that the violation is not abated following the deadlines set forth in the notice of violation. For a second violation of a chapter or section of this Code on commercial, industrial and all other properties that are not single- or multi-family residences, the administrative fine shall be two hundred dollars ($200.00) per violation for each and every calendar day that the violation is not abated or recurs following the deadlines set forth in the notice of violation. For each additional violation of a chapter or section of this Code on commercial, industrial and all other properties that are not single- or multi-family residences within one year, the administrative fine shall be five hundred dollars ($500.00) per violation for each and every calendar day that the violation is not abated or recurs following the deadlines set forth in the notice of violation. The maximum amount of the administrative fine set forth above may be increased or decreased by resolution of the city council.

C. For violations of chapters of this Code which are specifically declared to be misdemeanors, the administrative fine shall be not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) for each and every calendar day that the violation is not abated or recurs following the deadlines set forth in the notice of violation.

D. For violations of this Code which by their nature cannot be remedied or abated, including, but not limited to, unlawful discharges to the sewage or storm drain system, an administrative citation pursuant to Section 1.25.060 may immediately be issued without the necessity of a notice of violation first being served.

E. 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. No. 532, § 1(Exh. A), 3-8-2017)

A. Whenever an enforcement officer determines that a violation has occurred, the enforcement officer shall have the authority to issue a notice of violation to any person responsible for the violation. Service of the notice shall be made as set forth in Section 1.25.050.

B. Each notice of violation shall contain at least the following information:

1. The date of the violation;

2. The address or a reasonably accurate description of the location where the violation occurred or is occurring;

3. The section of this Code violated and a description of the violation;

4. An order prohibiting the continuation or repeated occurrence of the violation described in the administrative citation following a specified date. When the violation concerns building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health or safety and/or threat to the environment, the order shall provide for at least thirty (30) days to correct or otherwise remedy the violation prior to imposition of the fine;

5. Notice that if the violation is not abated by the expiration of the specified time, or recurs after the expiration of such time period, the owner will be subject to an administrative fine under this chapter for each and every day following expiration of the deadline that violations recur or that violations are not corrected, and the amount of such daily fine;

6. The name and signature of the citing enforcement officer.

(Ord. No. 532, § 1(Exh. A), 3-8-2017)

The notice of violation, administrative citation and any and all other notices required to be given by this chapter shall be served either by personal delivery to the person to be notified or by deposit in the United States mail, in a sealed envelope postage prepaid for first-class delivery, addressed to such person at the person's last known business or residence address as it appears in the public records or other records pertaining to the matter to which such notice is directed. Service shall be deemed complete at the time notice is personally served or deposited in the mail. The address of owners shown on the most recent equalized assessment roll shall be conclusively deemed to be the proper mailing address for such notice. Failure of any person to receive notice shall not affect the validity of any proceedings taken hereunder.

(Ord. No. 532, § 1(Exh. A), 3-8-2017)

A. Upon expiration of any deadline(s) set forth in the notice of violation, the enforcement officer shall inspect the premises and determine if the violation(s) has been corrected. If the responsible person does not consent to such inspection, the enforcement officer shall apply to the Placer County Superior Court for issuance of an inspection warrant pursuant to California Code of Civil Procedure Part 3, Title 13, as amended or replaced from time to time. If upon inspection the enforcement officer determines that the violation(s) has not been corrected or has recurred, the enforcement officer shall serve upon the responsible parties an administrative citation imposing the fines set forth in this chapter.

B. The administrative citation shall contain:

1. The date(s) of reinspection or the date of violation;

2. The address or a reasonably accurate description of the location where the violation occurred;

3. The section of this Code violated and a description of the violation;

4. The amount of the fine, or the minimum and maximum amount of the fine for violations pursuant to Section 1.25.030C.

5. 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;

6. A description of the administrative citation review process, including the time within which the administrative citation may be contested, and the place from which to obtain a request for hearing and/or an advance deposit waiver request form;

7. The date of the citation, and the name and signature of the citing enforcement officer.

C. An administrative citation may be immediately issued, without prior service of a notice of violation, for violations which by their nature cannot be remedied or abated, including but not limited to unlawful discharges to the sewer or storm drain system.

(Ord. No. 532, § 1(Exh. A), 3-8-2017)

A. Any recipient of an administrative citation may contest the existence a violation of this Code or that he, she or it is the responsible party by completing a request for hearing form and returning it to the enforcement officer within ten (10) days from the date of service of the administrative citation, together with an advance deposit of the fine or a request for an advance deposit hardship waiver pursuant to Section 1.25.080 of this chapter. Where the fine is imposed pursuant to Section 1.25.030C. of this chapter, only the minimum range of the fine is subject to the advance deposit requirement. If a request for hearing is not filed in a timely fashion, the maximum fine shall be imposed and recovered pursuant to the procedures set forth in Section 1.25.150 of this Code.

B. The person requesting the hearing shall be notified of the time and place set for the hearing at least seven days prior to the date of the hearing.

(Ord. No. 532, § 1(Exh. A), 3-8-2017)

A. Any person who intends to request a hearing to contest the existence of a violation of the Code or that he or she is the responsible party, and who is financially unable to make the advance deposit of the fine, may file a request for an advance deposit hardship waiver.

B. The request shall be filed with the enforcement officer on an advance deposit hardship waiver application form, available from the city, within ten (10) days after service of the administrative citation.

C. The requirement of depositing the full amount of the fine as described in Section 1.25.070 shall be stayed unless or until the enforcement officer makes a determination not to issue the advance deposit hardship waiver.

D. The enforcement officer may waive the requirement for advance deposit only if the cited party submits to the enforcement officer a declaration under penalty of perjury, supported by documentary evidence, that demonstrates to the enforcement officer's satisfaction that the person is financially unable to deposit the full amount of the fine in advance of the hearing.

E. If the enforcement officer determines not to issue an advance deposit hardship waiver, the cited party shall remit the advance deposit to the city within seven days after the date of that decision or fourteen (14) days after the date of the administrative citation, whichever is later.

F. The enforcement officer shall list his/her reasons for granting or not granting an advance deposit hardship waiver in writing and serve it on the cited party. The enforcement officer's decision is final.

(Ord. No. 532, § 1(Exh. A), 3-8-2017)

At any time before the hearing, if the enforcement officer determines that there was no violation as charged in the administrative citation or that the citation should be dismissed in the interest of justice, the enforcement officer may dismiss the administrative citation, cancel the hearing, and refund any administrative citation fine paid or advance deposit made.

(Ord. No. 532, § 1(Exh. A), 3-8-2017)

The city manager shall designate the hearing officer for the administrative citation hearing. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of the administrative citation fines upheld by the hearing officer.

(Ord. No. 532, § 1(Exh. A), 3-8-2017)

No hearing to contest an administrative citation shall be held unless the fine has been deposited in advance, pursuant to Section 1.25.070, or an advance deposit hardship waiver has been issued pursuant to Section 1.25.080. Failure to pay the fine in advance or obtain the waiver within the time periods set forth in this chapter shall constitute a waiver of the right to a hearing and a failure to exhaust administrative remedies. Failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of any fine already paid, and a failure to exhaust administrative remedies. Failure of any person the subject of a hearing officer's decision to timely appeal that decision to the city council shall constitute a waiver of the right for further review and a failure to exhaust administrative remedies.

(Ord. No. 532, § 1(Exh. A), 3-8-2017)

A. A hearing before the hearing officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this chapter. All such hearings shall be open to the public.

B. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation. The hearing shall be conducted informally and the legal rules of evidence need not be followed.

C. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. Any additional reports shall be served on the party who has requested the hearing in advance of the hearing. If such reports are not provided to such party until the hearing, the party shall be given a reasonable opportunity to review such documentation.

D. The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

(Ord. No. 532, § 1(Exh. A), 3-8-2017)

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall, within seven calendar days after the matter is submitted, issue a written decision to uphold, cancel, or reduce the administrative citation and shall list the reasons for that decision. The hearing officer may establish the amount of the fine based on the facts and circumstances of the violation, including, but not limited to, the length of time the violation existed; the culpability of the owner and willfulness of the violation; the frequency, recurrence and number of violations, related or unrelated, by the same violator; the good faith attempts of the violator to come into compliance; the economic impact of the penalty on the violator; the amount of city staff time which was expended in investigating or addressing the violation, and the amount of administrative fines which have been imposed in similar situations; the extent of the violation and its effect on the public, the environment or neighboring properties; the credibility of the appellant or any witnesses; and any other information relevant to a determination of the fine.

B. The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision in accordance with Section 1.25.050. The decision shall contain a statement that the decision is final unless a timely appeal to the City Council is filed pursuant to Section 1.25.030C.

C. Any responsible person named in the hearing officer's decision may appeal that decision to the city council by filing an appeal with the city clerk within seven calendar days of the date of service of the hearing officer's decision. The appeal shall be in writing and shall contain a specific identification of the subject property; the names and addresses of all appellants; a statement of the appellant's legal interest in the subject property; a statement in ordinary and concise language of the grounds for the appeal together with all material facts in support thereof; the date and signatures of all appellants; and the verification under penalty of perjury of at least one appellant as to the truth of the matters stated in the appeal.

1. As soon as practicable after receiving the appeal, the city clerk shall set a date for the city council to hear the appeal, which date shall be not less than seven calendar days nor more than thirty (30) calendar days from the date the appeal is filed. The city clerk shall give each appellant written notice pursuant to Section 1.25.050 of the time and place of the hearing at least five days before the date of the hearing. Continuances of the hearing may be granted by the city council on request of any appellant for good cause shown or on the city council's own motion.

2. At the hearing, the appellant(s) shall be given the opportunity to testify and to present evidence concerning the hearing officer's decision. The hearing shall be conducted informally and the legal rules of evidence need not be followed. The administrative citation, hearing officer's decision and all contents of the city's file pertaining to the hearing officer's decision shall be received and considered by the city council and shall constitute prima facie evidence of the facts contained in those documents. The appellant(s) shall bear the burden of proof.

3. After considering all testimony and evidence submitted at the appeal hearing, the city council shall adopt a resolution to uphold, overturn or modify the hearing officer's decision. The decision of the city council shall be final. The resolution shall contain a statement that the decision is final and that any appellant or other responsible party may seek judicial review of the city council's decision pursuant to Government Code Section 53069.4.

(Ord. No. 532, § 1(Exh. A), 3-8-2017)

Any person who fails to pay the city any fine imposed pursuant to the provisions of this chapter shall be liable for the payment of late payment charges in the amount of fifteen (15) percent of the fine, plus interest accrued at a rate of one and one-half percent per month until paid. Interest and late charges shall accrue commencing the twentieth day after service of the hearing officer's decision or order. If a hearing has not been requested, or an advance deposit waiver has not been granted, interest and late charges shall accrue commencing on the thirtieth day following issuance of the administrative citation.

(Ord. No. 532, § 1(Exh. A), 3-8-2017)

The city may collect any past due administrative citation fines and/or late payment charges by use of all available legal means.

A. The amount of any unpaid final administrative fine, plus interest, plus any other costs as provided in the Chapter, may be declared a lien on such real property as follows:

1. Notice shall be given to the owner or responsible person before recordation of the lien, and shall be served in accordance with Section 1.25.050 of this chapter.

2. If the owner or responsible person fails to file written objections to the lien with the city clerk within twenty (20) days after being served with notice, the city clerk or other any city enforcement officer shall cause the lien to be recorded in the office of the clerk-recorder of Placer County, California. Failure to file written objections within the time allowed shall constitute a waiver of the right to object to the recording or enforcement of the lien. The lien shall attach when the city records it with the county recorder's office. The lien shall specify the amount of the lien, the date(s) of the code violations, the date of any final hearing officer's decision or administrative citation, the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel. Once recorded, the lien shall have the force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Section 697.340, as amended or replaced from time to time, and may be extended in the same manner that a California judgment lien may be extended.

3. Any written objections filed with the city clerk shall be executed under penalty of perjury, shall identify the affected property, shall state all facts and grounds upon which the objections are made, and shall have attached every document supporting the objections. Upon receipt of objections by the city, the city manager may either refer the objections to a hearing officer of his/her choice or, if the city manager determines that the objections are without merit, he/she may summarily deny the objections and direct the city clerk to cause the lien to be recorded.

4. Once the lien is recorded, in addition to all other legal or equitable remedies available to the city, the city may either cause the lien to be collected at the same time and in the same manner as city taxes are collected, or it may cause the lien to be foreclosed and the real property sold by the filing of a complaint, petition or other appropriate pleading for foreclosure in a court of competent jurisdiction. In the case of a complaint, petition or other pleading for foreclosure of the lien, there shall be no right to trial by jury.

B. The city may withhold issuance of licenses, permits and other entitlements to a responsible party on any project, property, or application of any kind whenever an administrative penalty remains unpaid.

C. In the event a civil action is commenced to collect the administrative fine or penalty, to foreclose any lien or to otherwise enforce its rights or remedies under this chapter, the city shall be entitled to recover all costs associated with the collection of the penalty. Costs include, without limitation, attorney's fees, court costs, staff time incurred in the collection of the penalty and those other costs set forth in Code of Civil Procedure § 1033.5.

D. The city may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgment Law, California Code of Civil Procedure § 680.010 et seq.

(Ord. No. 532, § 1(Exh. A), 3-8-2017)

Any person aggrieved by a decision of the city council on an administrative citation may obtain review of that decision by filing a petition for review with the superior court in Placer County in accordance with the time lines and subject to all provisions set forth in California Government Code Section 53069.4.

(Ord. No. 532, § 1(Exh. A), 3-8-2017)