Folsom Municipal Code Art. I Administrative Violations

A. The following shall be designated as administrative violations and shall be subject to enforcement pursuant to the provisions of this chapter:

1. All violations of the Folsom Municipal Code, unless otherwise excepted by ordinance;

2. All violations of the Charter of the city of Folsom, unless otherwise excepted by ordinance;

3. All violations of Uniform Codes adopted by the city of Folsom;

4. All violations of design standards adopted by the city council and/or the planning commission and on file with the city clerk;

5. All violations of conditions imposed on any entitlement, permit, contract, or environmental document issued or approved by the city of Folsom;

6. All violations of state laws enforced by the city of Folsom that have been designated for enforcement through this chapter by ordinance.

B. An administrative violation may only be adjudicated pursuant to the administrative enforcement procedures established in Sections 1.09.020 through 1.09.049 of this chapter. Each responsible person shall have the right to request an administrative hearing and subsequent judicial review pursuant to the procedures established in Code of Civil Procedure Sections 1094.5 and 1094.6 before the city will take action to collect any administrative penalty.

(Ord. 846 § 2 (part), 1996)

Nothing in this chapter is intended to limit or prohibit the enforcement of the Folsom Municipal Code or other applicable laws through civil or criminal process where the city attorney has evaluated the criteria set forth in Sections 1.09.014 and 1.09.024, and has determined that enforcement through the administrative enforcement procedures will not result in effective redress, where there have been repeated administrative violations, or where the severity of the violation warrants redress through civil or criminal action.

(Ord. 846 § 2 (part), 1996)

A. Administrative violations shall be designated by level based upon the potential monetary sanction as follows:

1. Level A violations shall be subject to a fine of $20—$500.

2. Level B violations shall be subject to a fine of $100—$2,500.

3. Level C violations shall be subject to a fine of $100—$5,000.

4. Level D violations shall be subject to a fine of $100—$7,500.

5. Level E violations shall be subject to a fine of $100—$10,000.

Unless otherwise provided for by ordinance, all administrative violations will be deemed a Level A violation.

B. At the time of issuance of a notice of administrative violation pursuant to Section 1.09.024, the enforcement authority shall evaluate in writing the criteria set forth in Section 1.09.014 to determine the appropriate level of sanction and shall provide written notice to the responsible person of the proposed level of sanction and the reasons therefor as required by Section 1.09.024.

C. Where multiple violations have occurred or are occurring, each violation of the Folsom Municipal Code or other applicable laws shall be subject to a separate sanction.

D. The enforcement authority shall have no power or discretion to void any notice of administrative violation until after a meeting with the enforcement authority’s supervisor as provided for in Section 1.09.033. If a notice of administration violation is voided, the enforcement authority shall provide written justification for such action to the city manager.

(Ord. 846 § 2 (part), 1996)

Any one of the following sanctions shall be available to redress infringement of the Folsom Municipal Code or applicable laws.

A. Revocation and/or suspension of licenses or permits, conditional use permits or other entitlements issued by the city of Folsom;

B. The placement of requirements for corrective action on permits, licenses or entitlements issued by the city of Folsom as a condition to avoid revocation of the permit, license or entitlement;

C. Monetary sanctions as set forth in Section 1.09.012 of this chapter;

D. The issuance of a compliance order setting forth corrective action;

E. As an alternative to other sanctions and in appropriate circumstances, requiring community service by the responsible person;

F. Requiring a responsible person to post a performance bond, irrevocable letter of credit or other adequate security to ensure compliance with the Folsom Municipal Code or other applicable laws.

(Ord. 846 § 2 (part), 1996)

The following factors shall be considered in determining the appropriate sanctions for any administrative violation:

A. The knowledge or intent of the person/entity found to have violated the Folsom Municipal Code or other applicable laws;

B. A final determination of prior violations of the Folsom Municipal Code or other applicable laws within 12 months of the date of the violation. Violations of a similar nature shall be given additional weight in evaluating the appropriate sanctions as provided for in Section 1.09.012(C);

C. Efforts by the person/entity found to have violated the Folsom Municipal Code or other applicable laws to take remedial action upon notice of a violation;

D. Any financial gain realized by a responsible person as a result of an administrative violation;

E. The extent to which the violation undermines the purpose of the ordinance violated;

F. The number of other violations existing at the time of the issuance of the notice of administrative violation;

G. The costs incurred for remedial action taken by the enforcement authority;

H. The degree and permanence of harm to health, safety and/or the environment caused by the violation, including but not limited to any loss of life to person or animal;

I. The amount it would have cost the responsible person to comply with the law;

J. Where the violation consists of failure to obtain a permit or license, the financial cost to obtain a permit or license prior to engaging in the conduct that is the subject of administrative violation. The amount of any sanction imposed for failure to obtain a license or permit shall be no less than one and one-half times the cost of obtaining such license or permit.

(Ord. 846 § 2 (part), 1996)