Chapter 9.05 — ADMINISTRATIVE CITATION

Editor's note— Ord. No. 1007, § 3, adopted June 15, 2021, repealed the former Ch. 9.05, §§ 9.05.010— 9.05.090, and enacted a new Ch. 9.05 as set out herein. The former Ch. 9.05 pertained to similar subject matter and derived from Ord. No. 928, § 2(Exh. B), adopted May 3, 2011.

(a)

Administrative fines. In addition to any other remedy allowed by Chapter 9.04 or any other chapter of this code or applicable law, any violation of this code shall be subject to an administrative fine and enforcement and collection proceedings, as set forth in this chapter and authorized by California Government Code Sections 36901, 38773.5, and 53069.4. Application of this chapter shall be at the sole discretion of the town.

(b)

Except as specifically provided by Subsection 9.04.030(c), no provisions establishing appeal rights or appeal procedures contained within any other chapter of this code shall be applicable to proceedings under this chapter.

(Ord. No. 1007, § 3, 6-15-2021)

(a)

"Building Code appeals board" means the appeals board established in Chapter 2.22 of this code to hear administrative citations relating to building, plumbing, electrical, or other similar structural or zoning issues.

(b)

"Citation officer" as used in this chapter means any one or more of the following persons who issue an administrative citation under this chapter: the town manager, building official, director of planning and building, director of public works, code enforcement officer or equivalent positions, or their designees, or any other person designated by the town manager to act as citation officer in any proceeding under this chapter.

(c)

"Citation" means an administration citation issued pursuant to this chapter stating that the charging official has determined that there has been a violation of one or more provisions of this code.

(d)

"Fine" means the dollar amount of the administrative fine that the person cited is required to pay for violation of an ordinance as set forth in the citation.

(e)

"Hearing officer" means the hearing officer appointed by the town manager under section 9.05.060.

(f)

"Pre-citation notice" means a written notice provided to the owner, tenant, operator, or person or entity otherwise in charge and control of property that is the subject of a violation of this code.

(g)

"Person" means a natural person, firm, association, organization, partnership, business trust, company, corporation, limited liability company, joint venture, club, or its manager, lessee, agent, servant, officer or employee.

(h)

"Serve" or "service" means either personal delivery or deposit in the United States Mail, first class, in a sealed envelope postage prepaid. Service shall include a declaration under penalty of perjury setting forth the date of personal delivery or, for service by mail, the date of deposit in the mail. Service by personal delivery shall be deemed complete on the date of the delivery. Service by mail shall be deemed complete on the date of deposit in the mail.

(Ord. No. 1007, § 3, 6-15-2021)

(a)

Pre-citation notice of violation. Except in the event of serious and imminent hazards, as provided below in Section 9.05.035, when a person has violated a provision of this code that pertains to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety, the citation officer shall issue a notice of violation before issuing a citation.

(b)

Contents of pre-citation notice of violation. The notice of violation shall include:

(1)

The name of the person to whom the citation is issued.

(2)

The date the citation officer observed the violation.

(3)

The address of the location at which the violation has occurred.

(4)

The section of the code violated and a description of the violation. The citation officer may issue a single notice for multiple violations of a single code section or for violation of multiple provisions of the code.

(5)

An order prohibiting continuing or repeat violations of this chapter.

(6)

An order that the violation be corrected within the date specified in the notice.

(7)

The amount of the fine.

(8)

The name, title, and signature of the citation officer issuing the pre-citation notice of violation.

(9)

Notice that if the violation is not corrected within the time provided as set forth in subsection (c) of this section or recurs after the expiration of the date specified in the notice, the amount of the fine, will accrue on a daily basis.

(c)

Time period for corrections of violations.

(1)

If the citation officer reasonably believes that the violation creates an immediate danger to health or safety, the officer may issue an order that the violation be corrected or remedied within forty-eight hours.

(2)

If the violation does not create an immediate danger to health and safety, the citation officer may require that the person correct or remedy the violation, or take such steps to remedy the violation as specified by the citation officer, within a reasonable time period of not less than seven days and not more than sixty days, or as otherwise specified in the written order, from the date of the pre-citation notice.

(d)

Reinspection. Upon expiration of the deadline set forth in the notice of violation, the citation officer shall inspect the property and determine if the violation has been corrected.

(1)

If the violation has been corrected, the citation officer shall serve on the responsible party a notice that the violation has been corrected.

(2)

If the violation has not been corrected, or if the violation has recurred, the citation officer shall serve on the responsible party an administrative citation as set forth below in Section 9.05.040. The citation shall specify that each day the violation occurs constitutes a separate violation.

(Ord. No. 1007, § 3, 6-15-2021)

(a)

Written Order. When, in the judgment of the citation officer, a violation of a provision of this code that pertains to building, plumbing, electrical, or other similar structural or zoning issues, creates an immediate danger to the health or safety of occupants or other persons, the citation officer may issue an order in writing setting forth the serious and imminent hazard conditions, the code provisions violated, the street address and description of the building or structure, and requiring:

(1)

That the building or property be vacated and thereafter be kept vacant until the citation officer gives written permission that the building or property may be reoccupied, without giving notice or holding a hearing;

(2)

That the building be secured against entry, occupancy or use by all persons, except as allowed by the order; and

(3)

That the serious and imminent hazards be repaired, corrected or eliminated as set forth in the order.

(b)

Service. The citation officer shall serve the order on the property owner or occupant of the property and affix a copy of the order on the building or property.

(c)

Compelling Repair. The citation officer shall have the further power under this section to cause or compel the work required under the order to be undertaken by such means as the citation officer may deem advisable if the owner and all other persons having an interest in the building, structure, or property have failed, for a period of not more than forty-eight hours after the posting and service of the order, to comply with the order.

(Ord. No. 1007, § 3, 6-15-2021)

(a)

Issuance of Citation. Whenever a citation officer determines that a violation of this code has occurred, or if a violation described above in Section 9.05.030 has not been remedied in the requisite time period, the citation officer may issue and serve a citation on any person responsible for that violation.

(b)

Citation contents. The citation shall include the following information:

(1)

The name of the person to whom the citation is issued.

(2)

The section of the code provision or provisions that have been violated. The citation officer may issue a single citation for multiple violations of a single code section or for violation of multiple provisions of the code.

(3)

A description of the violation, including the address or location where the violation occurred and the date of the violation.

(4)

The amount of the fine.

(5)

The date by which the fine must be paid; to whom payment must be made, the acceptable forms of payment, and the consequences of the failure to pay.

(6)

The right to seek administrative review of the citation by filing an appeal with the town clerk within thirty days of the date that the citation is served.

(7)

Notice that the failure to appeal will make the citation a final action by the town for which there is no further administrative and judicial review.

(8)

The date the citation is issued and the signature of the citation officer.

(Ord. No. 1007, § 3, 6-15-2021)

(a)

Amount of Fines. The amount of the fine imposed pursuant to this chapter for a particular violation shall be set forth in the administrative citation schedule established by resolution of the Town Council.

(b)

For purposes of this section, each day the violation occurs constitutes a separate violation.

(c)

Payment of Fine. The citation shall set forth the date by which the fine is required to be paid, which shall be at least thirty days from the date that the citation is served. The fine shall be due and payable on or before the date set forth in the citation unless the person cited has filed a timely appeal in compliance with the requirements of Section 9.05.060.

(d)

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

(e)

Notice of Late Fees. If the fine is unpaid by the date that it is due under this chapter, the town shall serve notice within thirty days of the delinquency that fines not paid by the due date are subject to a late payment penalty as provided in subsection (d).

(Ord. No. 1007, § 3, 6-15-2021; Ord. No. 1053, § II, 12-2-2025)

(a)

Grounds for Hearing. A person who receives a citation may contest the citation on the basis there was no violation or that he or she is not the responsible person. A person may also request a reduction in the amount of the fine imposed for a repeated violation on the ground that bona fide efforts to comply were made after the first violation and payment of the fine would impose an undue financial burden.

(b)

Hearing Request. To contest the citation, the person receiving the citation shall submit a request for hearing to the town clerk within thirty days following the date of the citation. The request form may be obtained from the town clerk. The completed request must be submitted together with either (1) an advance deposit of the fine or (2) a request for an advance deposit hardship waiver as described in Section 9.05.070.

(c)

Dismissal of citation. At any time before the hearing, if the town manager or designee determines that there was no violation as charged in the citation, that the violation has been remedied, or that the citation should be dismissed in the interest of justice, the town manager shall dismiss the citation, cancel the hearing, and refund any citation fine deposited.

(d)

Type of Hearing. All hearings on citations issued for a violation of a provision of this code that pertains to building, plumbing, electrical, or other similar structural or zoning issues shall be heard by the building code appeals board, hearings on citations issued for violations of all other provisions of this code shall be heard by a fair and impartial hearing officer appointed by the town manager.

(Ord. No. 1007, § 3, 6-15-2021)

(a)

Request for Waiver. Any person who seeks to contest the citation under this section and who is unable to make the required advance deposit of the fine may file a request for an advance deposit hardship waiver with the town clerk by completing a waiver form provided by the town. The application shall include an affidavit, together with any supporting materials, setting for the circumstances demonstrating the person's financial inability to deposit with the town the full amount of the fine.

(b)

Standard for Waiver. The town manager or designee may waive the requirement of an advance deposit only if the evidence submitted demonstrates to the satisfaction of the town manager or designee the person's actual financial inability to deposit with the town the full amount of the fine in advance of the hearing.

(c)

Written Determination. The town manager shall issue a written determination granting or denying the waiver.

(d)

Deposit Required if Waiver Denied. If the town manager denies the advance deposit hardship waiver, the person must deposit the fine with the town clerk within ten days of the decision or thirty days following the date of the citation, whichever is later.

(Ord. No. 1007, § 3, 6-15-2021; Ord. No. 1053, § II, 12-2-2025)

(a)

Setting the Hearing. The town manager or designee shall set a hearing on a date that is not less than fifteen days or more than sixty days following the date the request for hearing is submitted to the town clerk. The town clerk or designee shall serve notice of the time and place of the hearing as soon as it is set and not less than ten days before the hearing. If the citation officer submits a supplemental report concerning the citation to the hearing officer or building code appeals board, the town clerk shall serve a copy of that supplemental report to the person requesting the hearing no less than five days before the hearing. No hearing shall be held unless the fine has been deposited in advance, under Section 9.05.060 of this code or

an advance deposit hardship waiver has been issued under Section 9.05.070 of this chapter. If the person requesting the hearing so agrees, the hearing may occur via videoconferencing or solely on written documentation.

(b)

Failure to Appear. The failure of the person requesting the hearing to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.

(c)

Hearing. The citation and any supplemental report submitted by the citation officer shall constitute prima facie evidence of the respective facts contained in those documents. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the citation. Formal rules of evidence shall not govern the proceedings before the hearing officer or building appeals board. Testimony by declaration relating to the citation shall be accepted.

(d)

Continuance. Before issuing the decision, the hearing officer or building code appeals board may continue the date set for the hearing for good cause and may request additional information from the citation officer or the person requesting a hearing, provided that the hearing may not be continued for more than fifteen days.

(e)

Decision.

(1)

Written Decision. After considering the testimony and evidence presented at the hearing, the hearing officer or building code appeals board shall issue a written decision to uphold, dismiss, or modify the citation and the fine. The written decision shall state the reasons for the decision and shall be served on the person receiving the citation, the citation officer, and the town clerk. The written decision shall constitute the town's final administrative decision. Where a person has been cited for multiple violations of the same ordinance, the hearing officer or building code appeals board shall have the discretion to reduce the amount of the fine upon a showing that the person made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

(2)

Status of Fine. If the hearing officer or building code appeals board upholds the citation, the town shall retain the amount of the fine deposited with the town. If the hearing officer or building code appeals board upholds the citation but reduces or eliminates the fine imposed, the town shall promptly refund the excess amount of the fine deposited, including interest earned at the average rate earned on the town's portfolio for the period of time that the fine was held by the town. If the hearing officer or building code appeals board upholds the fine and the fine has not been deposited, the hearing officer or building code appeals

board shall set forth a payment schedule for the fine and any additional charges, which shall not extend for more than one hundred and eighty days from the date of the decision. The person cited shall pay the fine by the date set forth in the written decision and any failure to do so shall result in the assessment of late penalty fees as set forth in Section 9.05.050.

(Ord. No. 1007, § 3, 6-15-2021)

(a)

Recovery of Fines. The amount of any past due fines, late payment charges, and interest imposed by this code shall constitute a debt to the town. The town may file a civil action or pursue any other legal remedy to collect such money. The town may recover its collection costs, including reasonable attorneys' fees, in any civil action brought to collect citation fines, late payment charges, and interest.

(b)

Withholding of Entitlements. The town 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 fine owed by that party remains unpaid.

(Ord. No. 1007, § 3, 6-15-2021)

Any person aggrieved by the decision of the hearing officer taken pursuant to this chapter may obtain review of the decision by filing a petition in Marin County Superior Court pursuant to the timelines and provisions set forth in California Government Code Section 53069.4.

(Ord. No. 1007, § 3, 6-15-2021)