Colton Municipal Code Ch. 8.12 Administrative Fines and Penalties

Every Violation of a provision of this Code, the penalty for which is defined as an "infraction" or "misdemeanor," Shall be subject to an administrative fine and penalty. The provisions of this chapter relating to administrative fines and penalties are in addition to all other remedies, criminal or civil, which May be pursued by the City to address any Violation of codes, Ordinances, mandates, regulations, resolutions, rules or other Laws adopted by the City, or other applicable State codes. Use of this chapter Shall be at the sole discretion of the City and nothing in this chapter Shall prevent the City from initiating a civil, criminal or other legal or equitable proceedings as an alternative to the proceedings set forth in the administrative fine and penalty provisions of this chapter.

(Ord. 0-07-00 § 3 (part), 2000)

The Following definitions Shall apply for purposes of this chapter:

"Administrative Citation" means the Written Notice provided to a Responsible Person to inform that Person of a Violation of City Codes.

"City" means the City of Colton.

"City Codes" means any codified or noncodified Ordinance or Law adopted by the City.

"Enforcement Officer" means any individual employed or otherwise charged by the City to enforce codes, Ordinances, mandates, regulations, resolutions, rules or other Laws adopted by the City.

"Hearing Authority" means the person, entity or board designated by either the City Council or the City Manager to determine the validity of an administrative citation, violation or complaint.

"Nonemergency Health or Safety Violation" means a Violation of any Building, plumbing, electrical or other similar structural or Zoning Ordinance which does not create an immediate danger to health or safety.

"Responsible Person" means a natural Person or legal entity; a natural Person or legal entity who is the Owner, Tenant, Co-Tenant, lessee, sublessee or other Person with any right to possession of the Property where a City Code Violation occurs that is related to the Use of Property; the Owner, majority stockholders, corporate officers, Trustees, and general partners of a legal entity; and the on-site manager who normally works daily at the site and is responsible for the activities at such Premises.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 26, 12-3-2019)

A. It is unlawful for any Person to violate any provision of the City Codes.

1. Administrative Citations for Violations of City Codes. Whenever an Enforcement Officer finds that a Violation of this Code has occurred, the Enforcement Officer Shall issue an Administrative Citation notifying any Responsible Person or Persons of the Violation and the administrative fine owed to the City. The Administrative Citation Shall inform the Responsible Person or Persons that the Violation Shall be remedied or otherwise corrected immediately or within a reasonable time as determined by the Enforcement Officer. Administrative fines Shall be due and payable within twenty-four hours of the issuance of the Administrative Citation. Additional Administrative Citations May be issued and fines imposed for every Day the Violation continues uncorrected. The Responsible Person or Persons Shall be liable for and Shall pay to the City any additional fine. Such additional fines Shall be due within twenty-four hours of the issuance.

2. Nonemergency Health and Safety Violations. When an Enforcement Officer finds that a Nonemergency Health and Safety Violation has occurred, the Enforcement Officer Shall have the authority to issue an Administrative Citation that provides for a reasonable period of time, not to exceed thirty calendar Days, to correct or otherwise remedy the Nonemergency Health and Safety Violation prior to the imposition of an administrative fine. The Responsible Person May request an extension of the correction period provided that a Written request is filed with the Chief of Police or Designee before the correction period ends. The Chief of Police or Designee may, in his or her discretion, grant a reasonable extension of the period of time to correct the Violation if the Responsible Person has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period. The Decision of the Chief or Designee Shall be in writing and Shall be final. If the Responsible Person provides proof to the Enforcement Officer, or Designee, that the Violation has been corrected or otherwise remedied within the period of time allotted for correction, no fines Shall be assessed and the Administrative Citation Shall be canceled.

3. Noncorrection of Nonemergency Health and Safety Violations. If the Nonemergency Health and Safety Violation has not been corrected or otherwise remedied within the correction period, the Enforcement Officer Shall have the authority to issue an Administrative Citation notifying the Responsible Person or Persons of the Violation and the administrative fine owed to the City. Administrative fines Shall be due and payable within twenty-four hours of the issuance of the Administrative Citation. Additional Administrative Citations May be issued and fines imposed for every Day the Violation continues uncorrected and the Responsible Person or Persons Shall be liable for and Shall pay to the City any additional fine. Such additional fines Shall be due within twenty-four hours of their issuance.

B. Each Administrative Citation issued Shall contain the Following information:

1. The date and time the Violation was observed;

2. The address or a definite description of the location where the Violation occurred;

3. The section of the City Code violated and a description of the Violation;

4. A description of the action required to correct the Violation;

5. The number of Days provided to correct or otherwise remedy a Nonemergency Health and Safety Violation prior to the imposition of fines and/or penalties;

6. The amount of the fine/penalty assessed for the Violation;

7. A description of the fine/penalty payment process, including a description of the time within which and the place to which the fine/penalty Shall be paid;

8. An Order prohibiting the continuation or repeated occurrence of the Violation described in the Administrative Citation;

9. A description of the Administrative Citation review process, including the time within which the Administrative Citation May be contested and the procedure for contesting the Administrative Citation;

10. The name and signature of the citing Enforcement Officer.

C. Service of the administrative citation or administrative citation of a nonemergency health or safety violation shall be made by: (1) personal service on the responsible person(s) in the same manner as a summons in a civil action pursuant to Code of Civil Procedure § 415.10; or (2) first class mail. When mail is used, service shall be complete at the time the citation is deposited into the United States mail; or (3) in instances when personal service or mail is unsuccessful, then service shall be provided by posting an eight and one-half inches by eleven inches enlargement of the administrative citation in a conspicuous location on or in front of the property.

D. Preliminary Review of Administrative Citation or Administrative Citation of a Nonemergency Health or Safety Violation.

1. Any Person issued an Administrative Citation May request a preliminary review of the applicability of the Administrative Citation by the Police Department immediately or within seven Days of the date the Administrative Citation is issued. To obtain a preliminary review the Person issued the Administrative Citation Shall appear at the Police Department and bring a Copy of the Administrative Citation and file a signed Written request stating the reasons why and any evidence showing that no Violation occurred or that the Person is not a Responsible Person. All filed requests Shall be date stamped by the code enforcement division.

2. The preliminary review Shall be conducted by the Chief of Police or Designee. The reviewer Shall not be the Enforcement Officer who issued the Administrative Citation. The preliminary review is intended to correct errors that are easily verifiable and is not intended to resolve factual disputes concerning the Violation that is the subject of the Administrative Citation.

3. The preliminary review May be decided on the same Day it is filed and Shall consist of a review of the Administrative Citation, the Written statement and any other evidence submitted at the time of the request. Where the preliminary review is not completed within three Working Days of its receipt, it Shall be deemed denied.

4. The Person requesting the preliminary review Shall be notified of the results of the review within three Working Days of its receipt. The notification May be made by telephone, facsimile, or in Person. The code enforcement division Shall keep a record of all requests, the results of the review, and how the Person requesting the preliminary review was notified of the results.

5. A request for preliminary review Shall not extend any time periods for compliance, including the final compliance date, the time any correction period ends or the time to request an administrative hearing. If the conclusion of the preliminary review is that no Violation occurred or that the Person cited was not a Responsible Person, the Administrative Citation Shall be canceled.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 27, 12-3-2019)

A. The amount of administrative fines for Violations of City Codes and penalties for delinquent payment of such fines imposed pursuant to this chapter Shall be established by separate Resolution of the City Council.

B. Administrative fines not paid prior to their due date Shall be subject to a penalty for every Day of delinquency. Penalties Shall not be assessed to Responsible Persons who have been granted a payment schedule for the payment of fines and/or penalties pursuant to Section 8.12.090(K).

C. Pursuant to Section 8.02.030 of this Code, a violation of this Code can be filed as an infraction or misdemeanor at the City Attorney's discretion. For purposes of this chapter, violations shall not be subject to the maximum infraction penalties provided in California Government Code Section 53069.4.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 28, 12-3-2019)

A. All fines are due within twenty-four hours of the date the Administrative Citation is issued, except that fines imposed for Nonemergency Health and Safety Violations Shall be due twenty-four hours Following the expiration of the reasonable period of time granted to correct or otherwise remedy the Violation or upon twenty-four hours Following the expiration of any extension granted.

B. Any Administrative Citation fine or penalty paid pursuant to subsection A of this section Shall be refunded if it is determined, after hearing, that the Person charged was not the Responsible Person or there was no Violation as charged in the Administrative Citation.

C. Payment of a fine or penalty under this chapter Shall not excuse or Discharge any continuation or repeated occurrence of a Violation of this Code that is the subject of an Administrative Citation.

D. The City May Use all available legal means to collect any past due fines, penalties and other related costs including, but not limited to, initiating an action in small claims Court, assessing a lien against the Property or referring the Matter to a collection agency.

(Ord. 0-07-00 § 3 (part), 2000)

A. Any recipient of an administrative citation may contest that there was a violation of this Code or that he or she is the responsible person. A recipient may request an administrative hearing by filing, no later than ten calendar days from the date on which the administrative citation was issued, a written request for hearing. The written request shall include a detailed written explanation as to why the administrative citation is being contested.

B. The recipient of an Administrative Citation Shall deposit the amount of the fine and/or penalty specified on the Administrative Citation with the Police Department at the time he/she returns the request for hearing form, or he/she Shall request an advance deposit Hardship waiver pursuant to Section 8.12.070.

C. The recipient of an Administrative Citation requesting the hearing 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 hearing Shall be set for a date that is not less than fifteen nor more than thirty calendar Days from the date that a completed request for administrative hearing is filed in accordance with the above provisions. However, the City and the recipient of an Administrative Citation May mutually agree to an extension of the time limits provided in this section. Any extension Shall be confirmed in writing and be provided to the recipient of the Administrative Citation.

D. No hearing Shall be held unless and until the fine or penalty has been deposited with the Police Department or an advance deposit Hardship waiver has been issued.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 29, 12-3-2019)

A. Any Person who intends to request an administrative hearing and is financially unable to make the advance deposit of the fine or penalty as required herein, May file a request for an advance deposit Hardship waiver.

B. The recipient of an Administrative Citation Shall complete an advance deposit Hardship waiver form and return it to the Police Department along with the Written request for hearing. The recipient of an Administrative Citation May request an advance deposit Hardship waiver form by telephone, mail or in Person, but Shall be solely responsible for assuring its receipt, completing and returning it within the required time.

C. The Chief of Police or Designee May waive the requirement of an advance deposit and issue the advance deposit Hardship waiver only if the Applicant submits the required advance deposit Hardship waiver form and includes a sworn affidavit and any supporting documents or Materials demonstrating to the satisfaction of the Chief of Police or Designee that it would be a significant financial detriment on the recipient of the Administrative Citation to deposit the full amount of the fine or penalty in advance of the hearing. The requirement for depositing the full amount of the fine or penalty Shall be sustained unless or until the City Manager or Designee makes this determination. The Police Department Shall serve Written Notice of the Chief's or Designee's determination on the recipient of the Administrative Citation by certified mail, return receipt requested. Service Shall be deemed complete at the time the Notice is deposited into the mail and addressed to the Person at the address indicated on the administrative hearing request form. The Notice Shall include a brief description of the reasons for the Chief's or Designee's determination to issue or not issue the advance deposit Hardship waiver. The Written determination of the Chief of Police or Designee Shall be final.

D. If the Chief of Police or Designee determines not to issue an advance deposit Hardship waiver, the recipient of the Administrative Citation Shall remit the deposit amount to the City Clerk within ten Days of service of that Decision, or thirty calendar Days from the date of the administrative Decision.

(Ord. 0-07-00 § 3 (part), 2000)

Editor's note— Ord. No. O-16-19, § 30, adopted Dec. 3, 2019, repealed former § 8.12.080 in its entirety which pertained to designation of the hearing authority by the city manager and derived from Ord. No. 0-07-00, § 3, adopted in 2000.

A. All hearings Shall be held before the Hearing Authority.

B. At the hearing, all Persons contesting the validity of an Administrative Citation Shall be given the opportunity to testify and present evidence concerning the Administrative Citation.

C. If the Enforcement Officer submits an additional Written report concerning the Administrative Citation to the Hearing Officer, then a Copy of this report Shall be served on the Person requesting the hearing by certified mail, return receipt requested at least five calendar Days prior to the date of the hearing. Service Shall be deemed complete at the time the report is deposited into the mail and addressed to the Person at the address indicated on the administrative hearing request form.

D. Failure of the Party contesting the Administrative Citation to appear at the hearing Shall constitute forfeiture of the fine and a failure to exhaust his/her administrative remedies.

E. 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.

F. The Hearing Authority May continue the hearing from time to time and provide the Responsible Person with additional time in which to remedy the Violation. In addition, the Hearing Authority May request additional information or evidence from the Enforcement Officer or the recipient of the Administrative Citation prior to issuing a Written Decision.

G. All hearings Shall be recorded by a video or audio device, unless the City decides to utilize a Court reporter. If a Court reporter is not utilized, the City is not required to provide transcriptions of any hearings, but is required to make the video or audio tape(s) available to the Responsible Person within thirty Days after the hearing. The City May charge a reasonable Fee for reproducing the tapes. If a Court reporter is utilized, the recipient of the Administrative Citation May obtain a Copy of the transcript upon payment of any applicable reasonable Fees or costs. The City May destroy such tapes or transcripts Following the time during which any and all Appeals of the Administrative Citation Shall have been made.

H. The hearings need not be conducted in accordance with technical rules of evidence. Hearsay evidence May be Used for the purpose of supplementing or explaining any direct evidence, but Shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action in a California Court of competent jurisdiction. Any relevant evidence Shall be admitted if it is the type on which reasonable Persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common Law or statutory rule which might consider such admission improper in a civil action. Oral evidence Shall be taken only on Oath or affirmation. Irrelevant or unduly repetitious evidence Shall be excluded.

I. After considering all of the testimony and evidence submitted at the hearing, the Hearing Authority Shall issue a Written Decision to affirm or cancel the Administrative Citation. The Written Decision Shall include the Hearing Authority's findings for that Decision, as well as information regarding the recipient's Appeal rights to the Courts. The recipient of the Administrative Citation Shall be served with a Copy of the Hearing Authority's Written Decision by certified mail, return receipt requested. The Decision of the Hearing Authority Shall be the City's final administrative Decision.

J. If the Hearing Authority determines that the Administrative Citation should be affirmed, the fine and/or penalty amount on deposit with the City Shall be retained by the City. In addition, the Hearing Authority Shall assess the hearing costs associated with holding the hearing.

K. If the Hearing Authority determines that the Administrative Citation should be upheld, but the fine and/or penalty has not been deposited pursuant to an advance deposit Hardship waiver, the Hearing Authority Shall set forth in the Decision a payment schedule for the fine and/or penalty as well as the hearing costs associated with holding the hearing.

L. If the Hearing Authority determines that the Administrative Citation should be canceled, and the fine and/or penalty has been deposited with the City, the City Shall promptly refund the amount of the deposited fine and/or penalty. In addition, no hearing costs Shall be assessed.

(Ord. 0-07-00 § 3 (part), 2000)

The Administrative Citation process described in this chapter does not preclude the City from recovering any code Violation Abatement Costs incurred by the City in performing its code enforcement efforts pursuant to this Code.

(Ord. 0-07-00 § 3 (part), 2000)

Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, any person aggrieved by the administrative decision of a Hearing Authority may obtain review of the administrative decision by filing a petition for review with the superior court in the County within twenty days after service of the Hearing Authority's decision, in accordance with the provisions set forth in California Government Code Section 53069.4(b).

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 31, 12-3-2019)

Any and all Notices or Decisions required to be given by the administrative provisions of this chapter Shall be served on the Responsible Person by registered or certified mail, return receipt requested. The Notices or Decisions Shall be addressed to the recipient at the last known address for that Person, including the address provided on forms required by the administrative provisions of this chapter. Personal service May be substituted for mailed Notice any time. Actual Notice Shall be deemed adequate Notice regardless of the method of service. Failure to receive any Notice Shall not affect the validity of any proceedings conducted hereunder.

(Ord. 0-07-00 § 3 (part), 2000)

All money collected pursuant to this chapter Shall be deposited into a separate account to fund further code enforcement activities. The account Shall be known as "The Code Enforcement Administrative Fine Account."

(Ord. 0-07-00 § 3 (part), 2000)