Daly City Municipal Code Art. IV Administrative, Civil, and Criminal Liabilities and Penalties

The city manager shall have the power to designate, by written order, that certain employees shall have the authority to cite persons in violation of this chapter. Such designated employees shall be referred to as "enforcement officer."

(Ord. No. 1441, § 2, 12-14-2020)

Whenever an enforcement officer determines that a violation of this chapter has occurred, the enforcement officer shall have the authority to issue an administrative citation fine to any and all persons responsible for the violation (including the real property owner) and/or to order correction of the violation.

(Ord. No. 1441, § 2, 12-14-2020)

Each administrative citation shall contain the following information:

A. Date of the violation and any previous correspondence from the city regarding the violation, including the warning notice;

B. Address or a definite description of the location where the violation occurred;

C. Section of this chapter, and/or other Municipal Code sections, that was violated and a description of the violation;

D. Amount of the current and potential future penalties for the violation;

E. Description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid, and the fact that penalties are imposed each day the violation exists;

F. Actions required to correct the violation;

G. Description of the appeal process, including the time within which the administrative citation may be contested and the department and person from which a request for hearing form to contest the administrative citation may be obtained; and

H. Name and signature of the citing enforcement officer.

(Ord. No. 1441, § 2, 12-14-2020)

A. In instances of littering on private or public property, the violator may be issued an administrative citation.

B. The amounts of the fines imposed for any violation of littering as defined in Section 8.32.020 shall be two hundred fifty dollars for a first violation, five hundred dollars for a second violation within twelve months, and one thousand dollars for the third violation within twelve months.

(Ord. No. 1441, § 2, 12-14-2020)

A. In instances of illegal dumping on public or private property, the violator may be issued an administrative citation.

B. The amounts of the fine imposed for any violation of illegal dumping as defined in Section 8.32.020 shall be one thousand dollars plus cost of clean-up and disposal for a first violation, two thousand five hundred dollars plus cost of clean-up and disposal for a second violation, and five thousand dollars plus cost of clean-up and disposal for the third violation.

C. Violators shall also be provided a twenty-four-hour notice of clean-up. The violator will have twenty-four hours from the time issued the notice to clean-up the illegally dumped items and leave the area with no trace or evidence of illegally dumped items.

D. If the violator fails to clean up the illegally dumped items within the twenty-four-hour period, the city will arrange for the clean-up and will add the cost of clean-up and disposal to the violator's fines as described above.

E. A notice shall be delivered to the violator detailing the additional fines.

F. Any person receiving an administrative citation for illegal dumping may request an appeal hearing pursuant to the process provided in Section 8.32.140 of this chapter.

(Ord. No. 1441, § 2, 12-14-2020)

A. In instances where a private real property owner has failed to properly abate illegally dumped or littered items from their property, or the adjacent public right-of-way, after proper notice, the private real property owner may be issued an administrative citation.

B. The amounts of the fine imposed for a private real property owner failing to abate illegally dumped or littered items as defined in Section 8.32.020 shall be five hundred dollars plus cost of clean-up and disposal for a first violation, one thousand dollars plus cost of clean-up and disposal for a second violation, and three thousand dollars plus cost of clean-up and disposal for the third violation.

C. In instances where illegal dumping or littering has occurred on private property, or the adjacent public right-of-way, the private real property owner or manager shall be provided a seventy-two-hour notice of clean-up. The private real property owner will have seventy-two hours from the time issued the notice, to clean up the illegally dumped or littered items and leave the area with no trace or evidence of illegally dumped or littered items.

D. If the private real property owner fails to clean up the illegally dumped or littered items within the seventy-two-hour period, the city will arrange for the clean-up and shall add the cost of clean-up and disposal to the violator's fines as described above.

E. A notice shall be delivered to the violator detailing the additional fines.

F. Any person receiving an administrative citation for illegal dumping may request an appeal hearing pursuant to the process provided in Section 8.32.140 of this chapter.

(Ord. No. 1441, § 2, 12-14-2020)

A. A commercial quantity as defined in Section 8.32.020 of illegally dumped items shall be considered a major violation.

B. A fourth violation within one year of littering or illegal dumping shall be considered a major violation.

C. A fourth violation of a real property owner failing to abate litter or illegally dumped items after proper seventy-two-hour notice, shall be considered a major violation.

D. In instances of major violations of illegal dumping on public or private property, the violator may be issued an administrative citation.

E. The amounts of the fine imposed for any major violation of illegal dumping as defined in Section 8.32.020 shall be five thousand dollars plus cost of clean-up and disposal for a first violation, seven thousand five hundred dollars plus cost of clean-up and disposal for a second violation, and ten thousand dollars plus cost of clean-up and disposal for the third violation.

F. Violators shall also be provided a twenty-four-hour notice of clean-up. The violator will have twenty-four hours from the time issued the notice to clean up the illegally dumped items and leave the area with no trace or evidence of illegally dumped items.

G. If the violator fails to clean up the illegally dumped items within the twenty-four-hour period, the city will arrange for the clean-up and will add the cost of clean-up and disposal to the violator's fines as described above.

H. A notice shall be delivered to the violator detailing the additional fines.

I. Any person receiving an administrative citation for illegal dumping may request an appeal hearing pursuant to the process provided in Section 8.32.140 of this chapter.

(Ord. No. 1441, § 2, 12-14-2020)

A. Whenever notice is required to be given under this chapter, unless different provisions are otherwise specifically made, such notice may be given either by (1) personal delivery to the person to be notified, or (2) if the violation involves real property, by posting on the property and by depositing in the United States mail, in a sealed envelope, postage prepaid, and addressed to such person to be notified at the last known business or residence address as the same appears in the last equalized assessment roll of the county or on any records pertaining to the matter. Service by mail shall be deemed completed at the time of deposit in the United States mail receptacle.

B. Notice of twenty-four-hour or seventy-two-hour clean-up shall contain the following information: (a) the date of the violation and any previous administrative citations within the preceding one-year period to the person receiving the notice violation; (b) a description of the illegally dumped or littered items constituting the violation; (c) the address or a definite description of where the major violation occurred; and (d) evidence identifying the person receiving the notice as the person responsible for the major violation, (e) date and time the area is required to be cleaned up, (f) description of fines and fees that may be imposed if the items are not properly cleaned up.

(Ord. No. 1441, § 2, 12-14-2020)

A. Any recipient of an administrative citation may request an appeal hearing to contest that there was a violation or that he or she is the responsible party by completing a request for hearing form and returning it to the city within fourteen days from the date of the administrative citation, and an advance deposit of the fine. The advanced payment of the fine may be waived, or reduced, upon a showing of financial hardship, at the discretion of the hearing officer.

B. A request for hearing form may be obtained from the department and person specified on the administrative citation. The request for hearing form shall include a brief statement of material facts supporting the appellant's claim that no violation occurred and that no penalties or other remedies shall be imposed. The form may also provide information on request to waive or reduce payment of the fine due to financial hardship, with the provision of sufficient evidence.

(Ord. No. 1441, § 2, 12-14-2020)

The city manager shall designate a hearing officer for the appeal hearings. The amount of administrative citations upheld by the hearing officer has no bearing on the hearing officer's employment, performance evaluation, compensation and benefits.

(Ord. No. 1441, § 2, 12-14-2020)

A. The appeal hearing shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter, unless the enforcement officer determines that the matter is urgent or that good cause exists for an extension of time. The appellant shall receive notice of the time and place at least five days prior to the hearing.

B. At the hearing, the appellant shall be given the opportunity to testify and to present evidence concerning the administrative citation. The enforcement officer shall have the opportunity to present any additional reports or relevant documentation, as well as submit testimony regarding the administrative citation.

C. The failure of any appellant to appear at the appeal hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.

(Ord. No. 1441, § 2, 12-14-2020)

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue an administrative order and shall list the reasons for that decision. The administrative order shall include findings regarding the evidence in the record and submitted at the hearing.

B. The administrative order shall either confirm the violation and uphold the administrative citation or find that no violation has occurred and refund any deposit paid to the city. If the administrative order confirms that the administrative citation shall be upheld, the city shall retain the amount on deposit with the city or issue an invoice if the deposit was waived or reduced by the hearing officer, as authorized in this section.

C. The hearing officer has discretion, based upon the evidence submitted at the hearing, to reduce the administrative fine(s) amount, as may be warranted by the evidence. The hearing officer has discretion to refer the appellant to the community service program in lieu of payment of the fines, as authorized in Section 8.32.260.

D. The recipient of the administrative citation shall be served with a copy of the administrative order in accordance with Section 8.32.080.

E. The decision of the hearing officer shall be the final decision of the city. Any person aggrieved by a final administrative order may obtain review of the administrative decision by filing a petition for review with the Superior Court in San Mateo County in accordance with the timelines and provisions set forth in California Government Code Section 53069.4 and Civil Code Sections 1094.5 and 1094.6.

F. To the extent allowed by law, the decision and administrative order shall have the same force and effect as a resolution of the City Council of the City of Daly City for the purpose of filing a lien, special assessment, or for pursuing any other method of collection.

(Ord. No. 1441, § 2, 12-14-2020)

The city may collect any past due administrative fines by use of any and all available legal means, including, without limitation, as personal obligation or as a lien or special assessment recorded against any real property owned by the person(s) found to have committed an act of illegal dumping or littering.

(Ord. No. 1441, § 2, 12-14-2020)

A. The city or any person or entity, public or private, on whose property discarded items, harmful waste matter, household waste matter, litter, universal waste, or waste matter has been illegally dumped, may bring a civil action against a violator. In addition, a duly established business improvement district, merchants' association, or business, community, or neighborhood association or organization that cleans up illegal disposal of discarded items, harmful waste matter, household waste matter, litter, universal waste, or waste matter on behalf of its members may bring an action against a violator to recover its costs of removal. Any person or entity, public or private, who wishes to bring civil action against a violator to recover costs of removal, must pursue that legal action after paying to the city any fines, fees, and administrative citations incurred as a result of the violation.

B. Costs and Damages Recoverable. The following damages may be assessed against a dumping violator:

1. The cost of abatement;

2. Any cost for loss of use of the property on which the illegal disposal has been placed;

3. Costs of investigation, including the cost of any code enforcement or police resources used to investigate each incident;

4. Attorneys' fees and costs involved in the investigation; and

5. Any other damages or fees permissible under state or federal law.

(Ord. No. 1441, § 2, 12-14-2020)

A. The city attorney may bring an action to recover costs incurred by the city through the following methods:

1. Civil Action. The city attorney may bring and maintain a civil action in the name of the city to obtain a money judgment against the defendant for any amount not ordered or collected by a court, including, but not limited to, all costs and attorneys' fees, in addition to civil penalties, incurred in connection with the civil prosecution of any claim for damages or reimbursement.

B. The city attorney also may seek to recover the city's costs incurred relative to the illegal dumping, or such other costs as the city may have. The city attorney may do so in any of the following ways:

1. Bring an action on the city's behalf to recover such costs;

2. Join an action brought by a private party to recover damages and costs relating to illegal disposal;

3. Authorize a private party or other public entity on whose property the illegal disposal occurred to bring the action on the city's behalf;

4. In the event the city attorney brings an action to cover the city's costs of illegal disposal, at the city attorney's sole election, and with the permission of the private party or other public entity on whose property the illegal disposal occurred, the city attorney may pursue the private party or other public entity's claims against the violator for damages and costs.

C. The city attorney also may bring actions for injunctive or equitable relief against dumping violators.

(Ord. No. 1441, § 2, 12-14-2020)