Chapter 10 — GENERAL PROVISIONS

This code shall be known as the “Eureka Municipal Code.” It shall be sufficient to refer to this code as the Eureka Municipal Code in any prosecution for the violation of any provision thereof. It shall also be sufficient to designate any ordinance adding to, amending, or repealing this code, or portions thereof, as an addition or amendment to, or a repeal of, the Eureka Municipal Code, or a portion thereof.

('63 Code, § 1-1.01)

Except as otherwise herein or hereafter provided, this code consists of all the regulatory, penal, and administrative laws of general application of the city, codified pursuant to the authority contained in Cal. Gov't Code Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 (commencing with § 50020).

('63 Code, § 1-1.02)

This code shall take effect upon the effective date of the ordinance adopting this code by reference. ('63 Code, § 1-1.03)

Neither the adoption of this code nor the repeal hereby of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of this code, nor be construed as a waiver of any license or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed, or deposited pursuant to any ordinance, and all vested rights and obligations thereunder appertaining shall continue in full force and effect. ('63 Code, § 1-1.04)

The provisions of this code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within this code, but such reference shall be construed to apply to the corresponding provisions contained within this code. ('63 Code, § 1-1.05)

If any section, subsection, sentence, clause, or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The Council hereby declares that it would have passed this code and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional. ('63 Code, § 1-1.06)

All ordinances or portions of ordinances in conflict with the provisions of this code are hereby repealed.

('63 Code, § 1-1.07)

(A) Not less than three copies of this code shall be filed for use and examination by the public in the office of the City Clerk. At least three additional copies, duly certified by the City Clerk, shall be maintained on file in his office as the official copies of the code. Additional copies of the code shall be distributed to the departments and divisions of the city as shall be prescribed by the City Manager.

(B) Upon the adoption of any amendment or addition to this code, or upon the repeal of any of its provisions, the City Clerk shall certify thereto and shall make an appropriate notation in the official volumes of this code of the taking of such action, noting thereon the number and date of the ordinance pursuant to which such action is taken.

(C) Duly certified copies of each ordinance making changes in the code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference.

(D) At least quarterly the City Clerk shall cause the loose leaf pages of this code in which changes have been made to be reproduced, including the notation as to the ordinance number and date pursuant to which such change is adopted, and distributed in order that the loose leaf copies of the code, prepared for the use and convenience of the officers and employees of the city and the general public, may be brought up to date.

('63 Code, § 1-1.08)

Ordinances relating to matters of a special or temporary nature only are excluded from this code and are unaffected by the provisions of this code.

('63 Code, § 1-1.09)

Unless the provisions of the context otherwise specify, the general provisions, rules of construction, and definitions set forth in this chapter shall govern the construction of this code. The provisions of this code and all proceedings under it are to be construed with a view to effect its objects and to promote justice.

('63 Code, § 1-3.01)

The provisions of this code, insofar as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. ('63 Code, § 1-3.02)

All persons who, at the time this code takes effect, hold office under any of the ordinances repealed by this code, which offices are continued by this code, shall continue to hold them according to their former tenure. ('63 Code, § 1-3.03)

“Section” shall mean a section of this code, unless some other source is specifically mentioned. “Division” shall mean a division of the section in which the term occurs, unless some other section is expressly mentioned. “Subchapter” shall mean a division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters. ('63 Code, § 1-3.05)

This code shall refer only to the omission or commission of acts within the territorial limits of the city and to that territory outside the city over which the city has jurisdiction or control by virtue of the constitution of the state or any law, or by reason of ownership or control of property.

('63 Code, § 1-3.06)

Whenever a power is granted to, or a duty is imposed upon a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this code expressly provides otherwise.

('63 Code, § 1-3.07)

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the english language unless it is expressly provided otherwise.

('63 Code, § 1-3.08)

Whenever any reference is made to an ordinance, the reference shall apply to such ordinance of the city unless otherwise specifically provided. Whenever any reference is made to any portion of this code, or to any ordinances of the city, the reference shall apply to all amendments and additions now or hereafter made. ('63 Code, § 1-3.09)

(A) Whenever a notice is required to be given under this code, unless different provisions are otherwise specifically made in the code, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at his last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office. ('63 Code, § 1-3.10)

(B) Proof of giving any notice may be made by the certificate of any officer or employee of the city or by affidavit of any person over the age of 18 years, which affidavit shows service in conformity with this code or other provisions of law applicable to the subject matter concerned.

('63 Code, § 1-3.11)

When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.

('63 Code, § 1-3.12)

For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CALENDAR YEAR. From January 1 through December 31 of any given year. CITY. The City of Eureka, California.

COUNCIL. The City Council of the City of Eureka. COUNTY. The County of Humboldt. FISCAL YEAR. From July 1 of any given year through June 30 of the following year.

GENDER. The masculine gender shall include the feminine and neuter genders.

MAY. This term shall be permissive.

MONTH. A calendar month unless otherwise expressed.

NUMBER. The singular number shall include the plural, and the plural number shall include the singular. OATH. Includes affirmation.

OFFICE. The use of the title of any officer, employee, office, or ordinance shall mean such officer, employee, office, or ordinance of this city, unless otherwise specified.

OWNER. A building or land, shall include any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land.

PERSON. Any person, firm, company, corporation, partnership, association, any public corporation, political subdivision, city (excepting the city), county, district in the county, the state, or the United States of America, or any department or agency of any thereof, unless this code expressly provides otherwise.

PERSONAL PROPERTY. Money, goods, chattels, things in action, and evidences of debt. PROPERTY. Both real and personal property.

QUARTERLY. When used to designate a period of time, shall mean the first three calendar months of any given year or any succeeding period of three calendar months.

REAL PROPERTY. Lands, tenements and hereditaments.

SHALL. This term shall be mandatory.

STATE. The State of California.

STREET. All streets, highways, avenues, boulevards, alleys, courts, places, squares, or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. TENANT or OCCUPANT. When applied to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others.

TENSES. The present tense shall include the past and future tenses, and the future tense shall include the present tense. ('63 Code, § 1-3.13)

Except as expressly provided to the contrary, all city ordinances and regulations do not impose a “mandatory duty” within the meaning of Cal. Gov't Code § 815.6. Neither the enactment of city ordinances or regulations nor the failure to discover or to enforce violations thereof is intended to or shall be construed as imposing liability upon the city. ('63 Code, § 1-3.14) (Ord. 429-C.S., passed 6-20-85)

Whenever in this code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. ('63 Code, § 1-2.02)

(A) Imposition of penalty. The provisions of this code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described. ('63 Code, § 1-2.03)

(B) Determination of punishment. Whenever in this code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such

limits as may be prescribed by this code. ('63 Code, § 1-2.04)

Every person found guilty of violating any of the provisions of this code and sentenced to imprisonment shall be imprisoned in the city or county jail.

('63 Code, § 1-2.05)

The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this code shall be deemed a civil debt owing to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this code. The remedy prescribed by this section shall be accumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this code or by law for the purpose of enforcing the provisions thereof. ('63 Code, § 1-2.06)

If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, unconstitutional, or otherwise unenforceable, such decision shall not affect other provisions that can be given effect without the invalid provision or application. The Council hereby declares that it would have adopted this code and each section, sentence, clause, and phrase hereof irrespective of the fact that any section, sentence, clause, or phrase be declared invalid, unconstitutional, or otherwise unenforceable.

ADMINISTRATIVE CITATIONS

(A) The following policies and procedures are adopted to implement a program of enforcement of the city's zoning, building, fire, health and safety, conditions on entitlement in terms of city permits and agreements and other city ordinances.

(B) It is the policy of the city to seek voluntary and timely compliance with these provisions and to provide an effective means of enforcement if such compliance is not obtained in a timely manner.

(C) This subchapter is adopted pursuant to the municipal affairs provision of the city charter and Cal. Gov't Code § 53069.4 to provide for the imposition of an administrative fine for any violation of this code and to set forth the procedures for the imposition and collection of such fines.

(Ord. 638-C.S., passed 2-6-01)

This subchapter provides for administrative citations in addition to all other legal remedies, criminal, civil, or administrative, which may be pursued by the city to address any violation of this code. References to "this code" shall mean the Eureka Municipal Code as it may be hereafter amended as well as any other code adopted by reference therein. The use of this subchapter shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this subchapter, nor shall the use of this subchapter be considered a prerequisite for the use of any other enforcement proceedings.

(Ord. 638-C.S., passed 2-6-01)

If any provision of this subchapter as now or later amended or its application to any person or circumstance is held invalid, unconstitutional, or otherwise unenforceable, such decision shall not affect other provisions that can be given effect without the invalid provision or application. The Council hereby declares that it would have adopted this subchapter and each section, sentence, clause, and phrase hereof irrespective of the fact that any section, sentence, clause, or phrase be declared invalid, unconstitutional, or otherwise unenforceable.

(Ord. 638-C.S., passed 2-6-01)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AFFECTED DEPARTMENT. Whichever city department that has responsibility to administer or enforce the applicable provisions of this code.

ENFORCEMENT OFFICER. Any city employee or agent authorized to enforce any provisions of this code or any code adopted by the city.

PREMISES. The real property of the violator, including contiguous properties, and/or any buildings, structures or other improvements situated thereon or affixed thereto, where any violation of any of the provisions of this code has or is suspected to have occurred or is suspected to be occurring. The premises may include public property to which a violator has access.

VIOLATOR. An adult owner, emancipated minor, tenant, occupant, resident or other person having possession, control or any other ownership interest in or the right of access to the premises, excluding persons having only a security interest in the premises, who is suspected or alleged to have violated or to be in violation of any of the provisions of this code. There may be one or more violators as to any particular violation.

(Ord. 638-C.S., passed 2-6-01)

(A) Authorization to issue administrative citation. Whenever an enforcement officer charged with enforcement of any provision of this code or any code adopted by the city determines that a violation of that provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation and/or to the owner of the property to which the violation pertains. If the code enforcement officer determines that multiple code violations have occurred, the administrative citation shall address all the violations.

(B) Notice of violation in lieu of administrative citation. If the violation consists of a violation of building, electrical, mechanical, plumbing or zoning regulations that does not create an immediate danger to health or safety, the enforcement officer may defer issuance of an administrative citation until the person responsible for a violation has first been given notice of the violation and an opportunity to correct the violation, in accordance with the procedures set forth in this subchapter.

(C) Administrative citations in lieu of criminal citations. An administrative citation may be issued pursuant to this section in lieu of any criminal citation, which could have been issued for the same violation. The issuance of the administrative citation shall not, however, prevent the issuance of a criminal citation or filing of a criminal complaint for:

(1) The same violation when any administrative fine imposed pursuant to this subchapter has not been paid by the date payment is due;

(2) A subsequent violation of the same nature; or

(3) A violation that creates, in the opinion of the enforcement officer, an immediate threat to the health or safety of any person or the public generally.

(D) Contents of administrative citation. Each administrative citation shall contain the following information:

(1) The date of the violation;

• (2) The address or a definite description of the location where the violation occurred or is occurring;

• (3) The section of this code which has been violated and a description of the violation;

(4) The amount of the administrative fine for each code violation;

(5) A description of the fine payment process, including the date upon which the fine is due and the place at which the fine shall be paid;

(6) An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

(7) A description of the administrative citation review process, including the time within which the administrative citation may be contested and the manner in which review of the citation may be requested; and

(8) The name and signature of the citing enforcement officer.

(E) Service and filing of administrative citations. The enforcement officer shall serve the original citation on the person cited in the manner set forth in this subchapter and shall forward a copy of the administrative citation to the affected department and finance office.

(Ord. 638-C.S., passed 2-6-01)

The amounts of the administrative fines imposed for code violations under this subchapter shall be established by resolution of the City Council. That resolution shall also set forth any increased fines for repeat violations of the same code provision by the same person within 12 months from the date of a previous administrative citation. Such person shall be guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of this subchapter is committed, continued, or permitted by such person.

(Ord. 638-C.S., passed 2-6-01)

An administrative fine shall be paid to the city within 30 calendar days from the date of the administrative citation or, if an administrative hearing is requested and a hardship waiver granted, the fine shall be payable within 30 calendar days from the date of service of the hearing officer's decision. Payment of a fine under this subchapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. (Ord. 638-C.S., passed 2-6-01)

(A) Penalties. The finance officer or designee shall add a penalty of 10% to the original amount of any delinquent administrative fine on the last day of each month after the due date thereof. However, the total amount of such penalties to be added shall not exceed 50% of the amount of the administrative fine.

(B) Interest. In addition to the penalties imposed, any recipient of an administrative citation who fails to remit an administrative fine by its due date shall pay interest at the rate of 1% per month, or fraction thereof, on the amount of the delinquent administrative fine, exclusive of penalties, from the first day of delinquency until paid. (Ord. 638-C.S., passed 2-6-01)

Whenever an administrative citation has been issued for the undertaking of any activity without a permit, license, or franchise required by this code and the amount of the administrative fine imposed for that violation is delinquent, no permit, license, or franchise for that activity shall be issued unless and until the delinquent administrative fine and any applicable penalties and interest are first paid. A permit may be issued to correct outstanding violation(s) of this code provided the owner has entered into a settlement and payment agreement to the satisfaction of the City Manager after first considering the circumstances, severity and extent of the violation.

(Ord. 638-C.S., passed 2-6-01; Am. Ord. 746-C.S., passed 11-17-09)

The administrative citation and all notices authorized or required to be given by this subchapter shall be deemed served when made in writing and either personally delivered to the person cited or responsible for the violation or deposited in the United States mail, in a sealed envelope with first class postage prepaid, addressed to such person at his or her last known address as the same appears in the latest equalized assessment roll of Humboldt County. Service by mail shall be deemed to have been completed at the

time of deposit in the United States Post Office depository. Failure of any person to receive any citation or notice specified in this subchapter shall not affect the validity of the citation or notice or of the proceedings conducted hereunder. (Ord. 638-C.S., passed 2-6-01)

(A) Generally. Except as provided in division (B), when a violation consists of a violation of building, fire, electrical, mechanical, plumbing or zoning regulations set forth in this code, or any violation of this code, the enforcement officer may issue a written notice of violation to any person or persons responsible for the violation prior to the issuance of an administrative citation for that violation. The notice of violation shall contain all of the following:

• (1) The date and location that the violation was observed;

• (2) The section of this code violated and a description of the violation;

• (3) The actions required to correct the violation;

• (4) A reasonable and definite time period for the correction of the violation; and

• (5) Notice that if the violation is not corrected by the date specified in the notice of violation, an administrative citation may be issued and administrative fines may be imposed.

• (B) Exceptions. An administrative citation may be issued in lieu of a notice of violation if:

• (1) The person responsible for the violation was issued an administrative or infraction citation for violation of the same provision of this code within the immediately preceding 12 months;

(2) The violation constitutes, in the opinion of the enforcement officer, an immediate threat to the health or safety of any person or the public generally;

• (3) One or more other violations exist on the property, any one of which is not subject to §10.45; or

(4) The person responsible for the violation currently owes the city unpaid administrative fines that are delinquent.

(Ord. 638-C.S., passed 2-6-01)

If the enforcement officer determines that all violations listed in the notice of violation have been corrected within the time specified in the notice of violation, an administrative citation shall not be issued. If the enforcement officer determines that any or all violations listed in the notice of violation have not been corrected within the time specified, an administrative citation may be issued for each uncorrected violation or the enforcement officer may invoke any other remedy provided by law.

(Ord. 638-C.S., passed 2-6-01)

(A) Any recipient of an administrative citation may contest that there was a violation of this code or of any code adopted by the city, or that he or she is responsible party, by completing a request for hearing form and returning it to the City Clerk within 30 days from the date of administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to § 10.49.

• (B) A request for hearing form may be obtained from the City Clerk.

(C) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.

(D) If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall be served on the person requesting the hearing at least five days prior to the date of the hearing.

(Ord. 638-C.S., passed 2-6-01)

(A) Any person who requests a hearing to contest an administrative citation and who is financially unable to make the advance deposit of the administrative fine, as otherwise required by this subchapter, may file for a hardship waiver. The request for a

hardship waiver shall be filed with the finance office on an advance deposit hardship waiver application form available from the finance office within ten days of the date of the administrative citation. Upon the filing of a hardship waiver, the finance officer or designee shall make a determination whether or not the advance deposit of the fine shall be waived. The finance officer or designee may waive the requirement of an advance deposit of the fine only if the person requesting the waiver submits to the director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the finance officer or designee such person's actual financial inability to deposit the full amount of the fine with the city in advance of the

hearing.

(B) The finance officer or designee shall issue a written determination to issue or not issue the advance deposit hardship waiver. The written determination of the director shall be served upon the person who applied for the advance deposit hardship waiver by mail at the address provided in the waiver application. The determination of the finance officer shall be final.

(C) If the finance officer determines not to issue an advance deposit hardship waiver, the person shall remit the advance deposit to the city no later than ten days after the date of that decision. If a hardship waiver is not issued and the advance deposit is not made on or before the tenth day after the date of the notice of that decision, the applicant shall be deemed to have waived his or her right to an administrative hearing and the administrative fine shall be deemed to be delinquent. (Ord. 638-C.S., passed 2-6-01)

The City Manager shall designate one or more persons qualified by education and experience to serve as hearing officers for administrative hearings conducted under this subchapter.

(Ord. 638-C.S., passed 2-6-01)

Upon receipt of a timely request for an administrative hearing and the advance deposit of the administrative fine, or the issuance of a hardship waiver, a date for the administrative hearing shall be set which is not less than 15 nor more than 60 days from the date the hearing is requested. Written notice of the date, time, and location of that hearing shall be provided to the person requesting the hearing at least 15 days prior to the hearing date. However, a hearing may be set less than 15 days from the date upon which it is requested if the person requesting the hearing provides a written waiver of that time limit and of the 15 day prior written notice of the hearing date, time, and location. No administrative hearing shall be set or held unless the fine has been deposited in advance or an advance hardship waiver has been issued by the finance officer. (Ord. 638-C.S., passed 2-6-01)

(A) Evidentiary rules. At the hearing, the administrative citation shall constitute prima facie evidence of the respective facts contained in the citation. Both the party contesting the administrative citation and the enforcement officer shall be given the opportunity to testify and to present additional evidence concerning the administrative citation. Such evidence may include the testimony of other witnesses, or the introduction of documents or other evidence. Such testimony, written documents, or other evidence sought to be introduced shall not be limited to any legal rules of evidence, save and except for the rule that it shall be relevant and material to the issues of whether the violation alleged in the citation occurred and whether the person cited committed, caused or was responsible for the violation.

(B) Waiver of personal appearance at hearing. Instead of appearing at an administrative hearing in person or by an authorized representative, a person contesting an administrative citation may request that the hearing officer decide the matter based on the face of the citation and any other documentary evidence submitted by the person cited or the enforcing department prior to the date of the hearing.

(C) Failure to appear at hearing. The failure of any person requesting an administrative hearing to appear at the hearing in person or by an authorized representative shall be deemed to be a waiver of the right to be personally present at the hearing and the hearing officer shall decide the matter based upon the citation, any written materials which have previously been submitted in anticipation of the hearing, and any other evidence which may be presented at the hearing by the enforcement officer.

(D) Attendance of enforcement officer. The enforcement officer who issued the administrative citation may, but is not required to, attend the administrative hearing. If the enforcement officer does not attend, he or she may, prior to the hearing date, submit to the hearing officer reports, photographs or other documentation regarding the violation for consideration at the hearing.

(E) Continuation of hearings. The hearing officer may continue any hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision. (Ord. 638-C.S., passed 2-6-01)

(A) Written decision. After considering all of the testimony and evidence admitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall state in the decision the reasons therefor.

(B) Effect of decision. The decision of the hearing officer shall be final and shall be served on the cited person within 15 days of the date of the hearing.

(Ord. 638-C.S., passed 2-6-01)

If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city. If the fine was deposited with the city and the hearing officer determines that the administrative citation should be canceled, the city shall refund the amount of the deposited fine. If, pursuant to a hardship waiver, the fine has not been deposited with the city, and the hearing officer determines that the administrative citation should be upheld, the due date for the payment of the fine shall be 30 calendar days from the date of service of the hearing officer's decision. (Ord. 638-C.S., passed 2-6-01)

Any person aggrieved by the decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing an appeal with the Superior Court of California, County of Humboldt, Eureka Courthouse, in accordance with the procedures and within the time set forth in Cal. Gov't Code § 53069.4.

(Ord. 638-C.S., passed 2-6-01)

Any person who fails to pay to the city any fine or any scheduled partial payment of such fine pursuant to the provisions of this subchapter on or before the date that the fine or scheduled partial payment of such fine is due shall be liable for the payment of any applicable late payment charges set forth in the schedule of administrative citation fines established by resolution by the City Council.

(Ord. 638-C.S., passed 2-6-01)

The city may collect any past due administrative fine, penalty, and interest charge by use of all available legal means. The obligation for past due administrative fines, penalties, and interest imposed for any violation which arises from a condition or use of any real property, or structure thereon, which is owned by the person cited, which has not been fully satisfied within 90 calendar days, and for which no appeal has been filed may also be assessed and made a lien against the real property upon which the violation occurred.

(Ord. 638-C.S., passed 2-6-01; Am. Ord. 746-C.S., passed 11-17-09)

(A) Whenever an administrative fine has been imposed pursuant to this subchapter on an owner of property for a violation occurring or existing on that property and the fine has not been fully paid within 60 calendar days of the date upon which such fine

became due and payable, and is not the subject of a pending appeal filed under Cal. Gov't Code § 53069.4, the finance officer may initiate proceedings to establish and record a lien against the property.

(B) Prior to the recording of the lien, the finance officer shall prepare and file with the City Clerk a report stating, for each property for which a lien is proposed, the amount of the delinquent administrative fine, any applicable penalties and interest, and an administrative fee established by resolution of the City Council to recover the administrative costs incurred in recording the lien and carrying out the lien procedures of this subchapter.

(C) The City Clerk shall fix a time, date, and place for hearing by the City Council of the report and any protests or objections thereto.

(D) The finance officer shall cause written notice to be served on the owner of each affected property not less than ten days prior to the time set for the hearing. Such notice shall set forth the amount of the delinquent administrative fine and any penalties and interest which are due. Such notice shall be delivered by first class mail, postage prepaid, addressed to each owner of such property to be assessed as that owner's address appears on the last equalized assessment roll or supplemental roll of the County of Humboldt, whichever is more current. Service by mail as provided for herein shall be effective on the date of mailing, and the failure of any person to actually receive such notice shall not affect the validity of the notice.

(E) At the conclusion of the hearing, the City Council may adopt a resolution confirming, discharging, or modifying the amount of the lien proposed for each affected property and order that the amount not discharged as to any property be reduced to a lien against that property. The City Council may thereupon order that the fee be specifically assessed against the property involved. If the City Council orders that the fee be specially assessed against the property, it shall confirm the assessment; and

(F) Thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment.

(G) A lien may be foreclosed by an action brought by the city for a money judgment.

(H) The city may recover from the property owner any costs incurred regarding the process and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

(Ord. 638-C.S., passed 2-6-01; Am. Ord. 746-C.S., passed 11-17-09; Am. Ord. 850-C.S., passed 11-1-16)

Within 30 days following the adoption of a resolution by the City Council imposing a lien, the City Clerk shall file the same as a judgment lien in the office of the county recorder for the County of Humboldt, California. (Ord. 638-C.S., passed 2-6-01)

Once payment in full is received by the city for outstanding administrative fines, penalties, interest, and administrative fees, the finance officer shall provide the property owner or concerned escrow company or financial institution with a notice of satisfaction of lien for recordation with the office of the county recorder. Recordation of the notice of satisfaction shall cancel the city's lien. (Ord. 638-C.S., passed 2-6-01)

ADMINISTRATIVE HEARINGS

(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADMINISTRATIVE HEARING. A quasi-judicial proceeding, authorized by the Eureka Municipal Code and conducted by a hearing officer under the provisions of this chapter.

HEARING OFFICER or HEARING EXAMINER. An impartial individual appointed by the City Attorney to preside over an administrative hearing.

IMPARTIAL. The absence of bias or prejudice and the maintenance of an open and neutral mind.

(B) Purpose. The purpose of this subchapter is to establish uniform administrative hearing procedures to ensure due process, consistency, efficiency, and fairness.

• (C) Scope. Except where a different procedure is expressly required by state law or another provision of this code, this subchapter governs all administrative hearings conducted by or on behalf of the city, including but not limited to:

• (1) Code enforcement;

• (2) Administrative citation hearings;

• (3) Permit, license, or entitlement determinations; and

• (4) Dangerous or potentially dangerous dog hearings.

• (Ord. 971-C.S., passed 3-3-26)

(A) Appointment.

• (1) The City Attorney is authorized to appoint hearing officers, who must be impartial.

• (2) Hearing officers may not be appointed or compensated in a manner that creates a financial incentive dependent upon the outcome of any individual case or continued assignment of matters.

• (B) Authority and duties. The hearing officer has authority to:

• (1) Administer oaths and affirmations;

• (2) Regulate the course of the hearing;

• (3) Rule on all procedural, legal, and evidentiary matters;

• (4) Continue or reschedule hearings for good cause;

• (5) Maintain order and decorum; and

• (6) Issue written decisions consistent with this code.

(C) Disqualification. A hearing officer must disqualify themselves where required by law or where impartiality may reasonably be questioned. Parties may waive disqualifications in writing.

(Ord. 971-C.S., passed 3-3-26)

(A) Notice required. Written notice must be provided no fewer than ten calendar days prior to the hearing, unless otherwise provided by law.

• (B) Contents. The notice shall include:

(1) Date, time, and location of the hearing, including a statement of whether the hearing officer will appear in person or remotely;

• (2) Identification of the hearing officer;

• (3) Description of the matter to be heard;

• (4) Applicable Eureka Municipal Code sections;

• (5) Potential penalties or orders;

• (6) Statement of the right to present evidence and argument, in person or remotely;

• (7) Statement of the right to be represented by counsel at the party's own expense.

• (C) Service. Notice must be served in a manner authorized by this code or by general law.

• (Ord. 971-C.S., passed 3-3-26)

(A) Administrative hearings are informal proceedings not governed by the technical rules of evidence. The hearing officer may consider evidence that responsible persons are accustomed to rely on in the conduct of serious affairs.

(B) Hearings will be recorded by audio or other reliable means. A stenographic transcript is not required unless otherwise mandated by law. A copy of the recording will be available to a party upon payment of the reasonable cost incurred by the city to produce the recording, unless otherwise required by law.

(Ord. 971-C.S., passed 3-3-26)

The hearing officer may grant continuances for good cause or on the officer's own motion to ensure fairness and due process. (Ord. 971-C.S., passed 3-3-26)

(A) The hearing officer must issue a written decision containing findings of fact and conclusions based on the evidence and applicable law.

(B) The decision must be served on all parties and must include notice of any applicable administrative appeal rights, if any, and the statute governing judicial review, including applicable filing deadlines.

(Ord. 971-C.S., passed 3-3-26)

(A) A decision will become final when issued unless an administrative appeal is expressly authorized by this code or an applicable statute.

(B) Failure to timely pursue an available administrative appeal constitutes a failure to exhaust administrative remedies. (Ord. 971-C.S., passed 3-3-26)

If any provision of this subchapter is held invalid, such invalidity will not affect other provisions that can be given effect without the invalid provision.

(Ord. 971-C.S., passed 3-3-26)

(A) Except where a specific chapter expressly provides alternative procedures, references in the Eureka Municipal Code to appeal hearings and administrative hearings refer to this subchapter.

(B) Nothing in this subchapter supersedes specialized procedures expressly adopted in Title IX, Chapter 91, or other chapters. (Ord. 971-C.S., passed 3-3-26)

(A) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code or the provisions of any code adopted by reference by this code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of this code shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code, or the provisions of any code adopted by reference by this code, is committed, continued, or permitted by such person and shall be punishable accordingly. Any violation of this code which is declared to be a misdemeanor shall be considered and treated as an infraction subject to the procedures described in Cal. Penal Code §§ 19.6 and 19.7, when:

(1) The City Attorney files a complaint charging the offense as an infraction unless the defendant, at the time he is arraigned, after being informed of his rights, elects to have the case proceed as a misdemeanor; or

(2) The court, with the consent of the defendant, determines that the offense is an infraction in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.

(B) In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of this code, or the provisions of any code adopted by reference by this code, shall be deemed a public nuisance and may be summarily abated by this city, and each day such condition continues shall be regarded as a new and separate offense. ('63 Code, § 1-2.01)

• (C) Each violation of this code expressly declared to be an infraction is punishable by:

• (1) A fine not exceeding $100 for the first violation;

• (2) A fine not exceeding $200 for the second violation of the same ordinance within one year;

• (3) A fine not exceeding $500 for each additional violation of the same ordinance within one year.

• ('63 Code, § 1-2.07)

• (Ord. 362-C.S., passed 5-18-82)