Farmersville Municipal Code Ch. 1.13 Administrative Citations

A. The city council hereby finds that there is a need for an alternative method of enforcement for minor violations of Chapter 8.08.010 (et. seq.) the Municipal Code and applicable State Codes. 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. The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law that may be pursued to address violations of the Municipal Code or applicable State Codes.

C. The city council hereby finds and determines that enforcement of the Farmersville Municipal 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. The city adopts this Administrative Citation Program provision in order to achieve the following goals:

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

2. To gain compliance with the Municipal Code and State Codes, ordinances and regulations in a timely and efficient manner;

3. To provide for an administrative process to appeal the imposition of Administrative Citations and fines;

4. To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Municipal Code, ordinances, agreements or terms and conditions on entitlements in the city of Farmersville;

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

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

(Ord. 395 §2(part), 2002)

A. Responsible person shall mean any individual who is the owner or occupant of real property, owner or authorized agent of any business, company, or entity, or the parent or the legal guardian of any person under the age of eighteen years, who causes or maintains a violation of the Farmersville Municipal Code applicable State Code.

B. Code enforcement officer shall mean any officer or employee with the authority to enforce the Farmersville Municipal Code, or applicable State Codes as provided in Chapter 1.12.

(Ord. 395 §2(part), 2002)

A. Any person violating any provision of the Farmersville Municipal Code or applicable State Code may be issued an Administrative Citation by a code enforcement officer as provided in this chapter. A violation of this Code includes, but is not limited to, all violations of the Municipal Code, the Uniform Codes 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. As it pertains to code enforcement violations, a fine shall not be due until after a fifteen day warning citation is issued and the fifteen day period to abate the nuisance after the second citation is issued.

C. A civil fine shall be assessed by means of an Administrative Citation issued by the code enforcement officer and shall be payable directly to the Farmersville city treasurer's office.

D. Fines shall be assessed in the amounts specified by resolution of the city council, or where no amount is specified:

1. A fine not exceeding one hundred dollars for a second violation;

2. A fine not exceeding two hundred dollars for a third violation of the same ordinance or permit within one year from the date of the first violation;

3. A fine not exceeding five hundred dollars for the fourth and additional violation of the same ordinance or permit within one year from the date of the first violation.

First violations will result in a fifteen day warning notice.

(Ord. 395 §2(part), 2002)

A. An Administrative Citation on a form approved by the city manager may be issued to the responsible person by a code enforcement officer for violations of the Municipal Code or applicable State Code in the following manner:

1. The code enforcement officer shall attempt to locate and personally serve the responsible person named on the Administrative Citation.

2. If the responsible person being 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. If the code enforcement officer is unable to locate the responsible person. the Administrative Citation shall be mailed to the responsible person by certified mail or regular mail, the code enforcement officer shall post the Administrative Citation on any real property within the city in which the city has knowledge that the responsible person has a legal interest, and such posting shall be deemed effective service.

(Ord. 395 §2(part), 2002)

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, if any, for the violation(s);

E. An explanation of how the fine shall be paid and the time period within which it shall be paid;

F. Identification of rights of appeal, including the time period within which the Citation may be contested and the location to obtain a Request for Hearing form to contest the Administrative Citation; and

G. The name and signature of the enforcement officer and if possible the signature of the responsible person.

(Ord. 395 §2(part), 2002)

Upon receipt of a second citation, the responsible person must do the following:

A. Pay the fine to the city within fifteen days from the issuance date of the Administrative Citation. All fines assessed shall be payable to the Farmersville city treasurer. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it prevent further enforcement action by the city.

B. Remedy the violation(s) of such a nature that can be remedied. If the violation(s) is corrected before the date provided on the citation no fine shall be imposed. 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. 395 §2(part), 2002)

Any recipient of an Administrative Citation may contest that there was a violation of the Farmersville Municipal 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 days from the correction date of the Administrative Citation.

(Ord. 395 §2(part), 2002)

The city manager shall be the designated hearing officer for the city.

(Ord. 395 §2(part), 2002)

A. No hearing to contest an Administrative Citation before the hearing officer shall be held unless and until a request for hearing form has been completed and submitted.

B. A hearing before the hearing officer shall be set for a date that is not less than fifteen and not more than sixty 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 days prior to the date of the hearing.

C. The 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 Municipal Code or other applicable State 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 failure to exhaust their administrative remedies and the fine as set forth in Chapter 1.12.010 shall be imposed.

F. The Administrative Citation and any additional documents submitted by the code enforcement officer shall constitute prima facia evidence of the respective facts contained in those documents.

G. If the code 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 days prior to the date of the hearing.

H. At least ten 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 code enforcement officer. No other discovery is permitted. Formal rules of evidence shall not apply.

I. The hearing officer may continue the hearing and request additional information from the code enforcement officer or the recipient of the Administrative Citation prior to issuing a written Decision.

J. The recipient of an Administrative Citation may appeal the decision of the hearing officer to the city council within thirty days of the hearing officer's decision. To appeal, the recipient of the Administrative Citation must request the hearing in writing to the hearing officer. Documents used by the hearing officer shall be submitted to the city council for its review. City shall make any additional documentation available to the appealer.

(Ord. 395 §2(part), 2002)

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within ten days of the hearing to uphold or deny the Administration Citation and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final.

B. If the hearing officer determines that the Administrative Citation should be upheld, then the fine shall be due.

C. The recipient of the Administrative Citation shall be served with a copy of the hearing officer's written decision by certified mail or regular mail.

(Ord. 395 §2(part), 2002)

A. The recipient of an Administrative Citation may appeal the decision of the hearing officer to the city council within thirty days of the hearing officer's decision. To appeal, the recipient of the Administrative Citation must request the hearing in writing to the hearing officer. Documents used by the hearing officer shall be submitted to the city council for its review. The city shall make any additional documentation available to the appellant.

B. Any person aggrieved by the decision of the city council following an appeal under Section 1.13.120(A), may obtain review of the Administrative Decision of the city council by filing a Petition for Review with the Tulare County Superior Court, Limited Jurisdiction, in accordance with the time lines and provisions as set forth in California Government Code Section 53069.4.

(Ord. 395 §2(part), 2002)

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 Farmersville city treasurer to file a claim with the small claims court. Alternatively, the city may pursue any other legal remedy to collect the civil fines. The city may also recover its collections costs according to proof.

(Ord. 395 §2(part), 2002)

A. The Administrative Citation and all notices to be given by this chapter shall be served on the responsible person by certified mail or regular mail.

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

(Ord. 395 §2(part), 2002)