Chapter 1.13 — CODE ENFORCEMENT AND ADMINISTRATIVE CITATIONS

A.

Alternative Method of Enforcement. The city council hereby finds that there is a need for an alternative method of enforcement for minor violations of this Code, or state codes specifically adopted by reference in the applicable chapters of this Code. The city council further finds that an appropriate method of enforcement for minor violations is an administrative citation program as authorized by Government Code Section 53069.4.

B.

Procedures Additional to Other Remedies. The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law and/or city regulations, which may be pursued to address violations of this Code and state codes specifically adopted by reference in the applicable chapters of this Code.

C.

City Goals. The city council hereby finds and determines that enforcement of the Code, other ordinances adopted by the city, conditions on entitlements and terms and conditions of city agreements are matters of local concern and serve important public purposes. Consistent with its powers as a charter city, the city adopts this administrative citation program provision in order to achieve the following goals, and:

To protect the public health, safety and welfare of the citizens of the city;

To gain compliance with the Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Municipal Code in a timely and efficient manner;

To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Code and state codes specifically adopted by reference in the applicable chapters of the Code;

To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system;

To provide for an administrative process to appeal the imposition of administrative citations and fines.

D.

Purpose. The purpose of this chapter is to enable the city, acting as a charter city pursuant to Article XI, Sections 5 and 7 of the State Constitution, to impose and collect civil administrative fines in conjunction with the enforcement of provisions of the Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Municipal Code. Notwithstanding the provisions herein, the city has and shall continue to employ the philosophy of voluntary compliance when seeking compliance with the Code and state codes specifically adopted by reference in the applicable chapters of the Code.

E.

Voluntary Compliance. Prior to the implementation of the enforcement policies and penalties stated herein, voluntary compliance approaches, when practical, may first be used in order to educate city property owners and businesses concerning the requirements of the Code, or state codes specifically adopted by reference in the applicable chapters of the Code, and the corrective action necessary to correct a violation.

F.

Use of this chapter shall be at the sole discretion of the city.

(Ord. 678 §4, 2015)

A.

"Responsible Person." Any individual or entity who an enforcement officer determines is responsible for causing or maintaining a violation of this Code, or applicable state codes or causing or maintaining a public nuisance. The terms "person," "responsible person" or "responsible party" include, but are not limited to, a property owner, tenant, person with a legal interest in real property or person in possession of real property, the president or other head of a corporation or a person authorized by a corporation to receive service of process in a civil action, a business owner or manager or authorized agent of a business, or the parent or the legal guardian of any person under the age of eighteen years, who causes or maintains a violation of the Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Municipal Code.

B.

"Enforcement Officer." Any officer or employee with the authority to enforce the Municipal Code, and state codes specifically adopted by reference in the applicable chapters of the Municipal Code, including but not limited to city employees from the public works, planning and building, fire or police departments.

C.

"Hearing Officer." Any person appointed by the city administrator to preside over the administrative hearings provided for in this chapter.

(Ord. 678 §4, 2015)

A.

Issuance of Citation. Any person violating any provision of the Code, or state codes specifically adopted by reference in the applicable chapters of the Code may be issued an administrative citation by an enforcement officer as provided in this chapter. A violation of this Code includes, but is not limited to, all violations of the Code, and applicable state codes, ordinances or regulations adopted by the city council, failing to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this Code.

B.

Each Day a Separate Offense. Each and every day a violation exists may constitute a separate and distinct offense.

C.

Civil Fine. A civil fine shall be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the city.

(Ord. 678 §4, 2015)

The City Council of the city of Exeter intends to secure compliance with the provisions of this Code, and state codes specifically adopted by reference in the applicable chapters of this Code. To the extent that such compliance may be achieved by less drastic methods of enforcement the following alternate, separate and distinct methods may be utilized. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violations exist constitutes a separate offense. Notwithstanding any other provision of this Code, and state codes specifically adopted by reference in the applicable chapters of this Code, each violation of the provisions of this Code may be enforced alternatively as follows:

A.

Criminal Enforcement. Unless otherwise specified in this Code, any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, and state codes specifically adopted by reference in the applicable chapters of this Code, may be criminally prosecuted and cited for infraction/misdemeanor per Chapters 1.12 and 1.16 and any other applicable provisions of this Code.

B.

Civil Action. The city attorney, or an attorney hired for such purposes by and at the request of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Code, or state codes specifically adopted by reference in the applicable chapters of this Code, as provided by law, and the city shall be entitled to its attorneys fees and costs.

C.

Nuisance Abatement. Any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by this city, abated as such pursuant to Section 1.12.035 of this Code.

D.

Administrative Citation. Upon a finding by the city official vested with the authority to enforce the various provisions of the Code, or state codes specifically adopted by reference in the applicable chapters of the Code, that a violation exists, he or she may issue an administrative citation under the provisions of this chapter.

(Ord. 678 §4, 2015)

An administrative citation on a form approved by the city administrator shall be issued to the responsible person by an enforcement officer for violations of this Code, or state codes specifically adopted by reference in the applicable chapters of this Code, in the following manner:

A.

Personal Service. In any case where an administrative citation is issued by personal service:

The enforcement officer must personally serve the responsible person and ask the responsible person to sign the administrative citation. The signature of the responsible person acknowledging receipt of an administrative citation cannot be construed as an admission of responsibility.

If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.

B.

Service of Citation by Mail. In any case where an administrative citation shall be mailed, the enforcement officer shall mail the administrative citation to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned. For violations of Chapter 7.32, the citation may be included on or with the responsible person's water bill and certified mailing with return receipt shall not be required.

C.

Service by Citation by Posting Notice. If the enforcement officer does not succeed in serving the responsible person personally, or by certified mail or regular mail, the enforcement officer shall post the administrative citation on any real property within the city where the city has knowledge that the responsible person has a legal interest, and such posting shall be deemed effective service.

D.

Service by Publication. If the enforcement officer cannot post the citation by any of the above methods, the enforcement officer may serve the citation by publishing it in a newspaper likely to give actual notice to the party to the citation. The publication shall be once per week for four successive weeks in a newspaper published at least once per week.

(Ord. 678 §4, 2015)

Each administrative citation shall contain the following information:

A.

Date, approximate time, and address or definite description of the location where the violation(s) was observed;

B.

The code sections or conditions violated and a description of the violation(s);

C.

An order to the responsible person to correct the violations within the time specified, and an explanation of the consequences of failure to correct the violation(s);

D.

The amount of the fine for the violation(s);

E.

An explanation of how the fine shall be paid and the time period by which it shall be paid;

F.

Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;

G.

The name and signature of the enforcement officer; and

H.

The signature of the responsible person, if that person can be located and will sign the citation.

(Ord. 678 §4, 2015)

The amounts of the applicable administrative fines imposed for code violations shall be as set forth in the other applicable sections of this code pertaining to specific violations, or if not established may be established by City Council ordinance or resolution. That ordinance or resolution shall also set any increased fines for repeat violations of the same code provision by the same person.

(Ord. 678 §4, 2015)

Upon receipt of a citation, the responsible person shall:

A.

Pay the fine to the city within fifteen working days from the issuance date of the administrative citation. All fines assessed shall be payable to the city of Exeter. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city. Violations of Chapter 7.32 of the Code, if included on the responsible person's water bill, are due and payable at the same time and same manner as the customer's water rates pursuant to Chapter 13.08.

B.

Remedy the violation(s). If the responsible person fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at a rate specified in this chapter or by ordinance.

(Ord. 678 §4, 2015)

A.

Should an enforcement officer issue a citation because the responsible person lacks a required permit or license and the fine is delinquent, the city will not issue such permit or license until the delinquent fine, and any applicable penalties and interest, is paid.

B.

Should an enforcement officer issue a citation for a water conservation regulation violation or other violation related to the provision of other city services, and the fine is not paid or the violation is otherwise continuing, to the fullest extent permitted by law, those services may be discontinued until the fine(s) is paid and/or the violation is remedied by the responsible person, including but not limited to as provided in Section 13.08.040 of this Code.

(Ord. 678 §4, 2015)

A.

Any recipient of an administrative citation may contest that there was a violation of this Code, or state codes specifically adopted by reference in the applicable chapters of this Code or that he or she is the responsible person by completing a request for hearing form and returning it to the city within fifteen working days from the issuance date of the administration citation, together with an advanced deposit (full amount) of the fine. Any administrative citation fine, which has been deposited, shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not the responsible person for the violation(s) or that there was no violation(s) as charged in the administrative citation.

B.

For violations of Chapter 7.32 of this Code, any valid administrative appeal shall stay any pending water shut-off proceedings (due solely to violations of Chapter 7.32) until there has been an administrative determination of the appeal.

(Ord. 678 §4, 2015)

The city administrator shall designate the hearing officer for the administrative citation hearing. The hearing officer shall not be a current Exeter city employee. The employment, performance evaluation,

compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.

(Ord. 678 §4, 2015)

A.

No hearing to contest an administrative citation before a hearing officer shall be held unless and until a request for hearing form has been completed and submitted and, the fine has been deposited in advance.

B.

A hearing before the hearing officer shall be set for a date that is not less than fifteen working days and not more than sixty working days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten working days prior to the date of the hearing.

C.

The enforcement hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible person has caused or maintained the violation(s) of the Code, or state codes specifically adopted by reference in the applicable chapters of the Code, on the date(s) specified in the administrative citation.

D.

The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

E.

The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

F.

The administrative citation and any additional documents submitted by the enforcement officer shall constitute prima facia evidence of the respective facts contained in those documents.

G.

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 also shall be served by mail on the person requesting the hearing at least five working days prior to the date of the hearing. At least ten working days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the enforcement officer. No other discovery is permitted. Formal rules of evidence shall not apply.

H.

The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

(Ord. 678 §4, 2015)

A.

Issuance of Written Decision. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within ten working days of the close of the hearing to uphold or deny the administrative citation and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final.

B.

Citation Upheld. 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.

C.

Citation Dismissal. If the hearing officer determines that the administrative citation should be dismissed, the city shall refund the amount of the deposit within ten working days of the date of its receipt of the decision.

D.

Notice of Decision to Recipient. The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision in the manner prescribed above, with notice of the recipient's right to appeal the decision in superior court.

(Ord. 678 §4, 2015)

In addition to the other consequences specified in this chapter or the Exeter Municipal Code, the failure of any person to pay the civil fines assessed by an administrative citation within the time specified on the citation may result in the matter being referred to the city of Exeter - Finance, to file a claim with the small claims court. Alternatively, the city may pursue any other legal remedy to collect the civil fines, including but not limited to, the process set forth below in Section 1.13.170. The city may also recover all of its collections costs, including its attorneys' fees to the extent permitted pursuant to applicable law, including but not limited to Municipal Code Section 1.12.035.C.5.

(Ord. 678 §4, 2015)

Any person aggrieved by a decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Tulare County Superior Court in

accordance with the timelines and provisions as set forth in California Government Code Section 53069.4.

(Ord. 678 §4, 2015)

A.

The administration citation and all notices to be given by this chapter shall be served on the responsible person in accordance with the provisions of this chapter.

B.

Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.

(Ord. 678 §4, 2015)

A.

Recovery of Administrative Citation Fines and Costs. In addition to any other legal remedy, the city may place a lien on property owned by the responsible person/citee in an amount equal to the sum of the fines delinquent for more than ninety days, plus penalties and interest. Imposition of the lien must stem from a citation for the condition or use of real property, or its improvements that is owned by the citee.

B.

Lien Procedure.

The city administrator may initiate proceedings to record a lien conforming with this Code if the decision is not appealed.

Before recording the lien, the department director must submit a report to the city administrator, or designee, stating the amount due and owing.

The department director shall then contact the city clerk and arrange a time, date and place for the city council to consider the report and any protests or objections to it.

The department director shall serve the citee with a hearing notice not less than ten days before the hearing date. The notice must set forth the amount of the delinquent administrative fine, and any penalties and interest that is due. Notice shall be delivered first-class mail, postage prepaid, addressed to each citee's

address as it appears on the last equalized assessment roll or supplemental roll of the County of Tulare, whichever is more current. Service by mail is effective on the date of mailing and failure of citee to actually receive notice does not affect it validity.

At the conclusion of the hearing, the city council shall adopt a resolution confirming, discharging, or modifying the lien amount.

C.

Recording a Lien. Within thirty days following the city council's adoption of a resolution imposing a lien, the department director shall file same as a judgment lien in the Tulare County Recorder's Office. Before recordation of the lien, the city must give notice to the owner of record of the subject parcel in the manner required by Government Code Section 38773.1(b).

D.

Administrative Fee. Each citee against whose property an assessment is levied pursuant to this chapter shall also be assessed an administrative fee in an amount established by city council resolution based on the costs incurred in levying the assessment. The administrative fee shall be included in the lien amount approved by the city council and recorded against the citee's property.

E.

Satisfaction of Lien. Once the city receives full payment for outstanding principal, penalties, and costs, the department director will either record a notice of satisfaction or provide citee with a notice of satisfaction for recordation at the Tulare County Recorder's Office. This notice of satisfaction will cancel the city's lien.

(Ord. 678 §4, 2015)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this chapter. The city council hereby declares that it would have passed this ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

(Ord. 678 §4, 2015)