Colusa Municipal Code Ch. 12C Administrative Citations

The purpose of this chapter is to provide an administrative remedy for addressing violations of the Colusa City Code. The administrative remedy provided herein shall be in addition to all other legal remedies that may be pursued by the city to prevent, discourage, abate, or otherwise address any violation of the Code.

(452, § 1, 1-19-2010)

For the purposes of this chapter, the words and terms set forth in this section shall have the following definitions:

A. "Affected property" means any real property or portions thereof within city boundaries, including any buildings or other improvements located on such property, where Code violations allegedly exist or have previously existed.

B. "Code" means the Colusa City Code, as it may be amended from time to time.

C. "Code enforcement officer" means any person authorized or directed by the city manager to enforce any provision of this Code.

D. "Compliance" means all actions required to remove, alleviate, eliminate, halt, or mitigate a violation of this Code in the manner and in the time frame prescribed by a code enforcement officer, hearing officer, or the director.

E. "Day" and "days" mean calendar days.

F. "Director" means the department head authorized or designated by the city manager to administer the provisions of this chapter.

G. "Enforcement action" means any notice of violation, hearing, citation, investigation, complaint or petition, or any administrative or judicial order under authority of this chapter or any other legal authority.

H. "Hearing officer" means any person appointed by the Director to conduct a hearing pursuant to this Chapter.

I. "Responsible party" means any person, or parent or legal guardian of any person under eighteen (18) years of age, whose acts or omissions have caused or contributed to a violation of this Code, and shall include any owners(s) or occupant(s) of the affected property.

(452, § 1, 1-19-2010)

It is unlawful for any person to violate any provision or fail to comply with any requirement of the Colusa City Code. Any responsible party (including, without limitation, any agent, employee, or contractor of the responsible party) violating or contributing to the violation of any Code requirement or such term or condition may be subject to an enforcement action as provided in this chapter and in any other applicable law. The owner of any property, building, or structure within the city has the responsibility for keeping such property, building, or structure free of violations related to its use or condition. The owner of such property, building, or structure is separately liable for violations committed by occupants relative to the use or condition of the property.

In addition to the administrative remedy provided in this chapter, the city expressly reserves the right to utilize enforcement remedies available under any applicable state or federal statute or pursuant to any other lawful power the city may possess. The election of remedies provided by this chapter or other applicable law shall be at the sole discretion of city officials.

(452, § 1, 1-19-2010)

A. Whenever notice or other document is required to be given under this chapter, it shall be personally served or served by mail pursuant to the provisions of Section 12B-10 of this Code. In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of mail, service shall be deemed complete as provided in Section 12B-10 of this Code.

B. Where service of a first offense warning or administrative citation is by mail, a copy of the first offense warning or administrative citation shall also be conspicuously posted at the affected property.

C. Proof of service of any notice or other document required to be given under this chapter shall be certified by a written declaration under penalty of perjury executed by the person effecting service, declaring the date, time and manner of service, and the place of posting, if applicable. The declaration shall be affixed to a copy of the notice or other document and retained by the code enforcement officer.

D. The failure of a responsible party to receive any notice or other document served in accordance with this section shall not affect the validity of any proceedings taken under this chapter.

(452, § 1, 1-19-2010)

A. A code enforcement officer may enter and inspect any affected property to perform any duty imposed upon him or her by this chapter whenever the code enforcement officer has cause to believe a violation is occurring, provided that:

1. If entry is denied, the code enforcement officer may seek a court ordered inspection warrant pursuant to the Code of Civil Procedure Sections 1822.50 et seq. Upon issuance of an inspection warrant, the Code Enforcement Officer shall cause such warrant to be executed in accordance with the procedures set forth in Code of Civil Procedure Section 1822.56.

2. If entry and inspection pursuant to a court ordered inspection warrant is denied, the code enforcement officer shall have recourse to every remedy provided by law to secure entry.

B. Inspections performed pursuant to this section and/or an inspection warrant may include, but not be limited to, the taking of photographs, samples, measurements, surveys, or obtaining other physical evidence, and/or conferring with any person(s) present at the affected property, as permitted by law and consistent with legally recognized privacy rights.

(452, § 1, 1-19-2010)

The city shall have the right and authority to request and review records from the responsible party or any third party that is, or may be, related to the subject matter of the enforcement action, and to make copies of the same at the expense of the city, in any manner authorized by law.

(452, § 1, 1-19-2010)

A. Whenever a code enforcement officer determines that a violation of this Code exists, the code enforcement officer may serve a first offense warning to the responsible party pursuant to the provisions of this section. The first offense warning shall be served as a prerequisite to the issuance of a first administrative citation and serves as a written warning of responsibility.

B. The first offense warning shall include the following information:

1. The date, approximate time and location of the violation, including the address or other description of the location where the violation occurred or is occurring;

2. The name(s) of the responsible party(ies), if known;

3. The Code section(s) violated and a description of the violation(s);

4. An order prohibiting the continuation or repeated occurrence of the violation;

5. A description of the action necessary to abate the violation;

6. A period of time during which the action necessary to abate the violation shall be commenced and completed, which shall be determined pursuant to Section 12C-9;

7. A statement that the period of time during which the action necessary to abate the violation shall be commenced and completed may be extended pursuant to the procedure set forth in Section 12C-9;

8. A statement that an administrative citation shall be issued to the responsible party upon the expiration of the period of time during which the action necessary to abate the violation or any extension of that time period granted by the director pursuant to Section 12C-9 in the event that the responsible party fails to abate the violation;

9. The amount of the administrative citation in the event that an administrative citation is issued for the violation;

10. The name and signature of the code enforcement officer, city contact information (address, telephone number) for additional information and, if possible, the signature of the responsible party; and

11. A statement informing the responsible party that he or she may dispute the violation by contacting the city clerk to set up a meeting with the director to discuss the matter within ten (10) days of receiving the notice of violation.

(452, § 1, 1-19-2010)

A. Any first offense warning issued pursuant to Section 12C-8 shall provide a reasonable time during which the action necessary to abate the violation shall be commenced and completed based upon the circumstances of the particular violation, taking into consideration the following factors:

1. The means required to abate the violation;

2. The period of time that the violation has existed; and

3. The potential threat to public health and safety created by the violation.

B. If a violation pertains to building, plumbing, electrical, mechanical, or other similar structural or zoning issues the responsible party shall be provided an appropriate amount of time to abate the violation as determined by the code enforcement officer, but in no event shall that amount of time be less than seven (7) days.

C. Any responsible party receiving a first offense warning may file a written request for extension with the city clerk for consideration by the director for an extension of time to abate the violation identified in the first offense warning, provided that the written request is received before the end of the period set forth in the first offense warning to abate the violation. The director, at his or her sole discretion, may grant an extension of time to abate the violation if the person requesting the extension of time has supplied sufficient evidence showing that the abatement cannot reasonably be made within the period set forth in the notice of violation.

(452, § 1, 1-19-2010)

If a person designated as the responsible party in the first offense warning wishes to dispute the alleged Code violation, he or she may submit a request in writing to the city clerk to meet with the director to discuss and seek resolution of the matter within ten (10) days of receiving the first offense warning.

(452, § 1, 1-19-2010)

A. In the event that the responsible party fails to abate the violation upon the expiration of the period of time identified in the first offense warning during which the action necessary to abate the violation shall be commenced and completed or any extension of that time period granted by the director pursuant to Section 12C-9, the code enforcement officer shall have the authority to issue an administrative citation to the responsible party for the violation.

B. Each administrative citation shall include the following:

1. The date, approximate time and location of the violation, including the address or other description of the location where the violation occurred or is occurring and a brief description of the conditions observe that constitute a violation;

2. The name(s) of the responsible party(ies), if known;

3. The Code section(s) violated and a description of the violation(s);

4. The amount of the fine for the Code violation;

5. A description of the fine payment process, including a description of the time within which and the place to which the fine must be paid;

6. An order prohibiting the continuation or repeated occurrence of the violation of this Code;

7. A description of the administrative citation process, including the time within which the administrative citation may be appealed and the procedure for requesting an appeal hearing;

8. A description of the waiver of deposit process set forth in Section 12C-12 including the time within which a written request for a deposit waiver may be made; and

9. The name and signature of the enforcement officer, city contact information (address, telephone number) for additional information and, if possible, the signature of the responsible party.

(452, § 1, 1-19-2010)

A. The amounts of fines that may be imposed for a violation shall be set forth in a schedule of fines established by resolution of the city council. The amount of such fines shall not exceed:

1. The amount of any fine that may be imposed for a violation that would otherwise be an infraction shall not exceed the amounts set forth in Government Code Section 36900, as amended from time to time.

2. The amount of any fine that may be imposed for a violation that would otherwise be a misdemeanor shall not exceed one thousand dollars ($1,000.00).

B. A separate violation shall be deemed committed on each day a violation of this Code occurs or continues for purposes of setting the amount of a fine to be imposed. Any fine imposed will accrue on a daily basis from the date the fine becomes effective until the violation is corrected. Any condition of real property that constitutes a violation where the same, or substantially similar, violation has been the subject of two (2) or more enforcement actions within any three-month period is deemed a continuing violation for purposes of setting the amount of the fine to be imposed for the violation. In such case, the fine for the continuing violation shall accrue from the date that the fine for the first violation became effective.

(452, § 1, 1-19-2010)

A. Fines shall be paid directly to the city within thirty (30) days from the date of the administrative citation.

B. Payment of a fine under this section shall not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the administrative citation.

C. Fines that remain unpaid thirty (30) days after the due date shall be subject to a late payment penalty of ten (10) percent plus interest at the rate of one (1) percent per month on the outstanding balance, which shall be added to the fine amount from the date that payment is due.

(452, § 1, 1-19-2010)

A. Any person issued an administrative citation may contest the administrative citation by filing a written request for a hearing with the city clerk within thirty (30) days of the date of the administrative citation. The fine issued by the administrative citation shall be deposited with the written request for a hearing or a written request for a waiver of the deposit shall be filed with the written request for a hearing. A hearing to contest the administrative citation shall be conducted pursuant to the procedures set forth herein. A hearing to contest the administrative citation shall not be held unless and until the fine has been deposited or a waiver of the deposit has been granted pursuant to Section 12C-16. If the fine or written request for a waiver of the deposit are not filed with the written request for a hearing, the hearing request shall not be considered timely submitted.

B. When a written request for hearing is filed with the city clerk to contest an administrative citation, the city clerk shall set the time and place for the hearing and shall serve a notice of hearing on the requesting party.

(452, § 1, 1-19-2010)

If a timely request for any hearing is filed, any compliance obligations that may be imposed shall be stayed until a final decision is rendered.

(452, § 1, 1-19-2010)

A. Any person who is financially unable to make the deposit required by Section 12C-14 may seek a waiver from such payment.

B. In order to seek a waiver from a deposit or fee, a written request for a waiver shall be filed with the city clerk. The written request for a waiver shall be filed with any written request for a hearing for which the deposit or fee is required as required by Section 12C-14. The request for a waiver shall be submitted with any supporting documents demonstrating to the satisfaction of the finance director that the person is financially unable to deposit the full amount of the fine in advance of the hearing.

C. If the finance director denies the request for a waiver, the finance director shall provide the requesting party a written determination of facts and findings supporting the determination to not issue the waiver. If the request for a waiver is denied, the person shall submit the required deposit to the city clerk within ten (10) days of service of the finance director's determination, or may appeal the determination of the finance director to the city manager within ten (10) days of service of the finance director's determination.

(452, § 1, 1-19-2010)

A. The hearing shall be set for a date not more than sixty (60) days from the date a written request for a hearing to contest the administrative citation is filed with the city clerk, unless the code enforcement officer determines that the matter is urgent or that good cause exists for an extension of time based on the circumstances of the particular situation, in which case the hearing date may be shortened or extended.

B. If the code enforcement officer submits a written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of the report shall be served on the person issued the administrative citation at least five (5) days before the hearing.

C. At the place and time set forth in the notice of hearing, the hearing officer shall conduct a hearing on the alleged violation(s). Any responsible party or other interested person(s) may appear and offer written or oral testimony or other evidence as to whether a violation has occurred and/or whether the violation continues to exist, whether the person served the administrative citation is the responsible party for any such violation, whether an administrative fine amount is warranted, and/or any other matter pertaining thereto. Evidence presented by the code enforcement officer or other official of the city tending to show that a violation occurred and that the person served the administrative citation is the responsible party shall establish a prima facie case that a violation, as charged, actually existed and that the person served the administrative citation is the responsible party for the violation. The burden of proof shall then be on the responsible party to refute such evidence. The standard of proof to be applied for meeting such burden shall be a preponderance of the evidence.

D. The hearing officer shall consider all written and oral testimony and other evidence regarding the violation presented by the responsible party, the owner, the occupant, any officer, employee, or agent of the city, and any other interested party. Evidence offered during a hearing must be credible and relevant in the estimation of the hearing officer, but formal rules governing the presentation and consideration of evidence shall not apply.

E. The hearing officer shall conduct the hearing, order the presentation of evidence and make any rulings or determinations necessary to address procedural issues presented during the court of the hearing.

(452, § 1, 1-19-2010)

A. After considering all of the written and oral testimony and other evidence presented at the hearing, the hearing officer shall, within ten (10) days following the conclusion of the hearing, issue a written decision. The written decision of the hearing officer shall be served upon the responsible party and any interested party requesting a copy pursuant to Section 12C-5.

B. The hearing officer may uphold the administrative citation, uphold the administrative citation and modify the amount of the fine, or cancel the administrative citation. The written decision shall state the reasons for the decision. If the hearing officer modifies the amount of the fine or cancels the administrative citation, the city shall promptly refund any amount of the fine deposited.

(452, § 1, 1-19-2010)

A. The responsible party may appeal any decision of the hearing officer to the city manager by filing a written request for appeal stating the grounds for the appeal with the city clerk within seven (7) days after the date on which the decision or determination is rendered by the hearing officer. The written request for an appeal hearing shall include payment of the appeal processing fee set forth by resolution of the city council or a request for waiver of the fee pursuant to Section 12C-16. An appeal hearing shall not be held unless and until the appeal processing fee has been paid or a waiver of the fee has been granted pursuant to Section 12C-16.

B. The city clerk shall serve, pursuant to Section 12C-5, notice of the time and place when the hearing will be conducted by the city manager to consider the hearing officer's decision upon the responsible party at least ten (10) days prior to the scheduled date of the hearing. The hearing may be continued to a later date, at the discretion of the city manager.

C. The appeal to the city manger shall be de novo. The city manager may uphold, modify, or cancel the decision of the hearing officer. The determination of the city manager shall be in writing and served to the appellant pursuant to Section 12C-16 within ten (10) days of the conclusion of the hearing. The decision of the city manager may be appealed to the city council by notifying the city clerk of the request for an appeal within ten (10) days of being served with the city manager's determination. The city council may uphold, modify, or cancel the decision of the city manager. The city council shall not modify or cancel the decision of the city manager, unless the city council determines upon examination of the record that the decision of the city manager was arbitrary and capricious.

(452, § 1, 1-19-2010)

The city may pursue any and all legal and equitable remedies for unpaid administrative fines, late payment charges, and/or other costs, including, but not limited to, a lien as prescribed by Government Code Section 38773.1 or a special assessment as prescribed by Government Code Section 38773.5.

(452, § 1, 1-19-2010)

A. The failure of any person to do the following shall constitute a failure to exhaust administrative remedies and shall preclude the person from obtaining judicial review of the validity of the administrative citation:

1. Failure to timely file a written request for a hearing to contest an administrative citation pursuant to Section 12C-14.

2. Failure to timely file a written request for appeal of a decision by a hearing officer pursuant to Section 12C-19.

(452, § 1, 1-19-2010)

Any responsible party who is aggrieved by a decision of the city council and who has exhausted the administrative remedies provided by this Code, or any other applicable law, shall have the right to seek judicial review of such decision by filing a petition for writ of mandate in accordance with Code of Civil Procedure Sections 1094.5 1094.6 and Government Code Section 53069.4.

(452, § 1, 1-19-2010)