Goleta Municipal Code Ch. 1.02 Administrative Citations

A. The City Council finds that there is a need for an alternative method of enforcing minor violations of this Code. The City Council further finds that an appropriate and alternative method of enforcement for minor violations is an Administrative Citation Program as authorized by Government Code Section 53069.4.

B. The purpose of issuing civil citations pursuant to this chapter is to encourage voluntary and complete compliance with the provisions of this Code in order to protect the public health, safety, and welfare of the citizens of Goleta; to provide a method of holding parties responsible when they fail or refuse to comply with the provisions of this Code, and to minimize the expense and delay where the otherwise sole remedy is to pursue responsible parties in the civil or criminal justice system.

(Ord. 12-19 § 2)

A. Enforcement of the Municipal Code. This chapter makes any violation of the provisions of the Goleta Municipal Code, including, but not limited to, all codes adopted by reference and as amended pursuant to Title 15 of the Goleta Municipal Code, subject to administrative fines.

B. Administrative Authority. This chapter establishes the procedures for the imposition, enforcement, collection, and review of civil administrative fines pursuant to California Government Code Section 53069.4 and pursuant to the City’s police powers as granted under California Constitution Article XI Section 7.

C. Remedies Not Exclusive. The use of the administrative enforcement remedies provided by this chapter is solely at the City’s discretion. By adopting this chapter, the City does not intend to limit its discretion to exercise any other remedy, civil or criminal, or other administrative procedures, for the abatement of such violations that the City may select in a particular case, including procedures for the imposition of civil or criminal penalties.

D. Strict Liability of the Owner. Because serious Code violations may impact public health, welfare, safety, and the adequacy and safety of housing, this chapter is intended to impose strict civil liability upon the owners of real property and the owners of a business (where the violation is caused by or relates to the operation of a business) for all violations of the Goleta Municipal Code which may occur in the City of Goleta regardless of the existence of specific or general intent or prior knowledge of such violations and, further, regardless of any intent (or lack thereof) to violate the Code.

(Ord. 12-19 § 2)

The following definitions shall apply to the use of these terms, words, and phrases for the purposes of this chapter. The singular shall also imply the plural:

“Code enforcement officer,” “enforcement officer,” or “officer”

means any person authorized to enforce certain provisions of this Code.

“Code violation”

means any violation of the Goleta Municipal Code or its adopted, supplemental codes.

“Continuing violation”

means either: (1) a particular violation of the Code continuing for more than 24 hours without correction or abatement; or (2) a repeated, consecutive violation of the same or similar offense without intervening days.

“Fine”

means any monetary penalty imposed to punish a violation of this Code. A fine may include the costs the City incurs while identifying the violation and issuing a notice of violation or administrative citation in addition to the monetary penalties set forth under Section 1.02.080.

“Issued”

means giving, mailing, or posting a Notice of Administrative Citation or a Notice of Violation as set forth under Section 1.02.060. “Issuance” is deemed to have occurred on the earlier of the date when a notice is personally served on a person, the date it is mailed to a person by posting in the regular United States mail, or the date it is physically posted on real property.

“Legal interest”

means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic’s lien or other similar instrument, which is recorded with the County Recorder.

“Notice of Administration Citation,” “Administrative citation,” or “citation”

means an official written notice issued to a responsible person notifying them that they responsible for one or more violations of the Goleta Municipal Code, that abatement of the violation was not completed by the specified deadline, setting a new deadline for abatement, and assessing a civil fine or penalty.

“Notice of Violation”

means an official written notice issued to a responsible person notifying them that they are responsible for a violation of the Goleta Municipal Code and warning them that an administrative citation assessing fines will be issued unless the violation is ceased and abated by a specified deadline.

“Responsible person”

means any of the following:

An individual who causes a Code violation to occur.

An individual who maintains or allows a Code violation to continue, by his or her action or failure to act in a lawful manner.

An individual whose agent, employee, or independent contractor causes a Code violation by its action or failure to act in a lawful manner.

An individual who is an owner of real property where a Code violation occurs.

An individual who is an owner of a business or who is the on-site manager of a business and who normally works at the site when the business is open and is responsible for the activities at such premises.

(Ord. 12-19 § 2)

A. Any City Department Director, or designee, acting as a code enforcement officer, upon determining that a provision of this Code which such officer is charged to enforce has been violated, has the authority to issue an administrative citation to any responsible person. Pursuant to this authority, the enforcement officer shall determine the appropriate responsible person(s) for each violation.

B. Any responsible person may be issued an administrative citation by a code enforcement officer. A responsible person to whom a citation is issued shall be liable for and shall pay to the City the fine or fines described in the citation when due. If a code enforcement officer determines that the same or a similar type of violation occurs within any 12-month period following an initial citation, it may be cause for issuing additional administrative citations to a responsible person without warning. Each and every day a violation of the Goleta Municipal Code exists constitutes a separate and distinct offense and will be subject to a separate fine. A single citation may charge a violation for one or more days on which a violation exists, and for violation of one or more Code sections. Continuing violations shall automatically accrue fines beginning on the date the citation is issued until the abatement of the offense is properly verified in accordance with Section 1.02.090.

C. The owner of any property, building or structure within the City has the responsibility for keeping such property, building, or structure free of violations related to its use or condition. The owner of such property, building or structure is also a responsible person where the violation is caused by or relates to the operation of a business or the action of tenants and shall be separately liable for violations committed by tenants or occupants relative to the use or condition of the property.

D. Development Review Conditions. Every person who applies for and receives a permit, license, or any type of land use approval (such as, but not limited to, a development review approval, a coastal development permit, a subdivision map approval, a conditional or special use permit, a zoning requirement modification, a variance, or other discretionary approval) shall comply with all mandatory approval conditions imposed upon the issuance of the permit, license, or other such approval. If a person violates any condition of such permit, license, or similar land use approval, that person may be issued a Notice of Administrative Citation and may be held responsible for administrative fines under the provisions of this chapter.

(Ord. 12-19 § 2)

Pursuant to the authority of California Government Code Section 38771, any continuing violation of the Goleta Municipal Code constitutes a public nuisance. Therefore, any responsible person who is in violation of any provision of the Goleta Municipal Code may be determined to be maintaining a public nuisance; provided, however, that it shall not be the intent of the City that this chapter preempt any private nuisance right of action or any and all other legal remedies available to private parties to abate such nuisances.

(Ord. 12-19 § 2)

A. An enforcement officer may, in the officer’s discretion, issue a “Notice of Violation” to a responsible person prior to issuing an Administrative Citation. Such Notice of Violation shall serve as a written warning and notification of responsibility and require action by the responsible person to cease and abate the violation. The Notice of Violation shall include the information set forth in Section 1.02.070(B). If the violation is not ceased or abated by the end of the correction period stated in the Notice of Violation, the enforcement officer may issue an Administrative Citation assessing fines in accordance with this chapter.

B. In accordance with Government Code Section 53069.4, no responsible person shall be assessed a civil fine under this chapter for a continuing violation pertaining to building, plumbing, electrical, zoning, or other structural, design or land use regulation without first receiving a warning and reasonable opportunity to correct or otherwise remedy the violation.

1. In such circumstance, the enforcement officer shall issue a Notice of Violation requiring cessation or abatement of the violation within a stated period of time prior to the assessment of civil fines. The stated period available to correct the violation prior to assessment of fines shall be appropriate to the violation as determined by the enforcement officer, but in no event less than seven days.

2. If, after the correction period stated in the Notice of Violation, the violation is not ceased or abated, the enforcement officer may issue an administrative citation assessing fines accruing on each day the violation exists beyond the stated period to correct the violation without abatement in accordance with Section 1.02.080.

C. A Notice of Violation shall be sent by regular first class mail and shall be deemed delivered and issued on the date of mailing.

D. Any responsible person cited for a continuing violation may petition the City Manager for an extension of time to correct the violation so long as the petition is received before the end of the correction period. The City Manager may grant an extension of time to correct the violation if the responsible person has supplied sufficient evidence showing that the correction cannot reasonably be made within the stated period.

E. The procedures of this section shall not apply in instances where in the discretion of the City Manager, a violation poses an immediate danger to public health or safety.

(Ord. 12-19 § 2)

Unless another method of notice is specifically provided, notice pursuant to this chapter shall be served either by personal delivery, mail, or by posting notice.

A. Personal Service. The enforcement officer may attempt to locate and personally serve the responsible person.

B. Service by Mail. If the enforcement officer is unable to locate the responsible person, the Administrative Citation may be mailed to the responsible person by first class mail. Service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned as undeliverable.

C. Service by Posting Notice. If the enforcement officer does not succeed in personally serving the responsible person, or by sending the citation by regular first class mail, the enforcement officer shall post the Administrative Citation on the affected property or any other 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.

D. Where service of any notice under this chapter is affected in compliance with the requirements of this section, the asserted failure of any person to receive the notice shall not affect the validity of any proceedings taken under this chapter.

(Ord. 12-19 § 2)

A. The following guidelines concern the issuance and contents of Notices of Violation and Administrative Citations.

B. Each Notice of Violation shall contain the following information:

1. Name of the person who is charged as a responsible person for the violation;

2. The date of violation;

3. The date of issuance of the Notice of Violation;

4. Address or definite description of the location where the violation was observed;

5. The Code sections or conditions violated and a plain, non-technical description of the violation;

6. A description of the actions necessary to correct and abate the violation and a date by which such abatement must be completed;

7. An order to the responsible person to correct the violation and an explanation of the consequences of failure to correct the violation.

C. Each Administrative Citation shall contain the following information:

1. Whether the offense is a continuing violation which shall accrue fines until properly ceased and abated;

2. The amount of the fine for the violation, including the amount due for the initial violation and any prospective daily fine for failure to abate the violation (if applicable to a continuing violation);

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

4. An explanation of how the abatement of the violation can be properly verified (if applicable);

5. 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;

6. The name, identification number, and signature of the enforcement officer;

7. Notice that the violation is a nuisance and that collection of unpaid fines and/or nuisance abatement costs can be enforced as an assessment or lien against the property where the violation occurred;

8. A sequential citation number, identifying the order in which the citation was issued; and

9. A copy of the Notice of Violation pertaining to the violation for which the Administrative Citation is being issued. If no Notice of Violation was issued prior to the issuance of the Administrative Citation, that citation shall also contain all the information set forth under subsection B of this section.

(Ord. 12-19 § 2)

A. The amount of the fines for Code violations shall be set forth in the Administrative Penalty Schedule established by resolution of the City Council. The schedule may include escalating fine amounts for repeat Code violations occurring within specified periods of time.

B. Where no amount is specified by resolution of the City Council, the following fines shall apply:

1. Standard Penalty. A fine not exceeding $100.00 per occurrence for a first violation;

2. Second Violation. A fine not exceeding $200.00 per occurrence for a second violation of the same or similar ordinance or permit within one year from the date of the first violation;

3. Third Violation. A fine not exceeding $500.00 per occurrence for each additional violation of the same or similar ordinance or permit within one year from the date of the first violation.

C. Delinquency Penalty. The schedule of fines shall specify the amount of late payment penalty owed for any fine not paid when due.

D. Cost Recovery. The City may, in addition to the fines set forth above, include in an administrative fine the costs incurred by the City in identifying the violation and issuing a Notice of Violation or Administrative Citation.

(Ord. 12-19 § 2)

Upon receipt of a citation, the responsible person can rectify a violation of the Code and satisfy the requirements of an Administrative Citation by taking the following actions:

A. Paying the fine to the City by check or money order within 30 days from the issuance date of the Administrative Citation. All fines assessed shall be payable to the City of Goleta. Payment of a fine shall not excuse or discharge the failure to correct the violation nor shall it bar further enforcement action by the City.

B. Ceasing and abating the violation and obtaining an inspection by City staff to verify abatement of the violation. If the offense is a continuing violation and the responsible person fails to properly cease and abate such violation, fines shall accrue for each day until the abatement is properly verified. Subsequent Administrative Citations may be issued for the same violation. The amount of the fine for failure to correct the violation shall increase at a rate specified in this chapter or by resolution.

C. Having the citation dismissed by review of the City designated Hearing Officer.

(Ord. 12-19 § 2)

A. The fine shall be remitted to the City through its Finance Department within 30 days from the date the Administrative Citation is issued.

B. Any Administrative Citation fine paid pursuant to subsection A shall be refunded in whole or in part as appropriate if it is determined, after a hearing, that the person charged in the Administrative Citation was not responsible for the violation, that there was no violation as charged in the Administrative Citation, or if the Administrative Hearing Officer orders the fine reduced or dismissed.

C. Payment of a fine shall not bar additional enforcement proceedings for repeated occurrences of a Code violation that is the subject of Administrative Citation.

D. Payment shall be made by check or money order.

(Ord. 12-19 § 2)

A. Following 30 days after the issuance of the citation, the City shall send a collection bill to the responsible person requiring payment for all outstanding amounts owed for the delinquent Administrative Citation. This bill shall include the amount due for the initial violation, any accrual of daily fines from the date the citation was issued to the date the abatement of the offense is properly verified (if applicable), any costs incurred by the City, and any appropriate late payment charge, less any amount remitted pursuant to Section 1.02.091.

B. The abatement of a continuing violation must be verified by an enforcement officer of the City. The responsible person shall contact the code enforcement officer via the phone number designated on the Notice of Violation and Administrative Citation and schedule an inspection by a code enforcement officer. Fines shall accrue until the abatement is verified, less any days delayed by action of the City in scheduling such inspection.

(Ord. 12-19 § 2)

A. Any recipient of an Administrative Citation may contest the citation by completing a request for administrative hearing form and filing it with the City's Department of Planning and Environmental Review — Code Compliance within 15 days after the issuance date of the Administration Citation.

B. A request for hearing must be accompanied by an advance deposit of the fine assessed by the citation for the initial violation, unless a request of hardship has been approved by the City Manager or designee.

C. A request for hearing shall not postpone or avoid the requirement of a responsible person to abate a violation nor toll the daily fines accruing for a continuing violation until the abatement of the offense is properly verified. In the event the Hearing Officer upholds the citation, the responsible person shall be liable for the total fines accrued from the issuance of the citation to the date the abatement is properly verified unless reduced by the Hearing Officer. Any Administrative Citation fine which has been deposited shall be refunded if it is determined, after a hearing, that there was no violation(s) as charged in the Administrative Citation.

D. A person seeking an administrative hearing can request a hardship waiver, if they are unable to post the advance deposit. The request for hardship must be properly completed and filed with the City's legal office assistant. The form must be signed by the party to be charged under penalty of perjury. The person requesting the waiver bears the burden of proving that such person does not have the financial ability to make the deposit.

E. The request for a hardship waiver will be decided by the City Manager or designee within 10 business days from date the request is received, and that decision is final. The applicant shall be notified by telephone, facsimile, or via mail of the decision on the request. The filing of a request for hardship waiver does not extend the time to file for an administrative hearing or pay the civil fine when due. If the request for hardship waiver is denied, an administrative hearing shall not be scheduled unless the fine deposit is paid within five business days following the City Manager's determination on the request for hardship waiver.

F. Failure to submit a timely and complete request for hearing shall terminate a person's right to contest the citation and result in a failure to exhaust administrative remedies, and the order of the citation shall serve as a final determination and conclusive evidence of the named responsible person's liability for the citation. Where the administrative hearing form is mailed by the appellant, the request shall be deemed filed on the date it is received by the City.

G. The City's legal office assistant shall set a hearing before a City Hearing Officer on a date that is not less than 15 and not more than 60 days from the date that the request for hearing is properly filed in accordance with the provisions of this section. The person requesting the hearing shall be notified by first class mail of the date, time and place set for the hearing at least 10 days prior to the date of the hearing and be given any additional written reports filed concerning the violation that are provided to the Hearing Officer.

(Ord. 12-19 § 2; Ord. 25-08, 11/18/2025)

A. The City Manager will designate the City Administrative Hearing Officer(s) to conduct the administrative citation hearing at City Hall.

B. An Administrative Hearing shall not be held until a request for hearing form has been completed, timely submitted, and the fine has been deposited in advance, unless waived in accordance with Section 1.02.100(D).

C. The Hearing Officer shall only consider evidence that is relevant to whether the violation occurred and whether the responsible person has caused or maintained the violation of this Code on the date specified in the Administrative Citation.

D. The person contesting the Administrative Citation and the City shall be given the opportunity to testify and present witnesses and evidence concerning the Administrative Citation. The appeal hearing shall be conducted informally and the legal or formal rules of evidence need not be followed. The Hearing Officer does not have the authority to issue a subpoena.

E. Unless requested in advance by the person contesting the Administrative Citation, neither the enforcement officer nor any other representative of the City shall be required to attend the hearing, provided that any such appearance may be made at the discretion of the enforcement officer or City Manager.

F. 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 the administrative remedies, and the order of the citation shall be a final determination.

G. The Administrative Citation and any additional documents or reports concerning a code violation that are submitted by the enforcement officer to the Hearing Officer shall constitute prima facie evidence of the violation and the respective facts contained in those documents and shall be accepted by the Hearing Officer as such.

H. At least 10 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. If the enforcement officer submits an additional written report concerning the Administrative Citation to the Hearing Officer for consideration at the hearing, and such report was not initially provided to the appellant, then a copy of this report also shall be sent by first class mail to the person requesting the hearing at least five days prior to the date of the hearing. If such report cannot be provided to the appellant within five days of the date of the hearing, the hearing shall be rescheduled accordingly.

I. The Hearing Officer may continue an appeal hearing if a request is made showing good cause by the appellant or the City. All continuance requests shall either: (1) be made in person at the hearing by the appellant or his or her representative if the appellant is physically unable to attend; or (2) be made by a written request by the City or the appellant. If the continuance is granted, a new hearing date shall be set within 30 days. If the continuance is denied, the hearing shall proceed as originally scheduled, and, if the appellant is not present at the hearing, the request(s) shall be deemed abandoned.

(Ord. 12-19 § 2)

A. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within 15 days after the hearing to uphold or revoke the Administrative Citation based upon the Hearing Officer’s conclusion of whether a violation occurred. The Hearing Officer shall use preponderance of evidence as the standard of evidence in deciding issues. The decision of the Hearing Officer shall be final.

B. If the Hearing Officer determines that the Administrative Citation should be upheld, then any applicable fine amount on deposit with the City shall be retained by the City. The Hearing Officer may also impose conditions and deadlines to correct the violations or require payments of any outstanding penalties.

C. The Hearing Officer may reduce, waive or conditionally reduce the fines assessed by the citation. In making such determination, the Hearing Officer shall take into account the facts and circumstances of the violation, including without limitation:

1. The length of time of the violation;

2. The willfulness of the violation;

3. The number of previous violations of the same or related type;

4. The extent of the violation and the effect of the violation on neighboring properties;

5. Attempts, if any, to comply with the applicable Code provisions, or notice of violation;

6. The time necessary to abate the violation; and

7. Any other information relevant to a determination of the fine.

D. If the Hearing Officer determines that the Administrative Citation should be canceled or reduced, the City shall promptly refund the applicable amount of the deposited fine.

E. The Hearing Officer may assess administrative costs against the violator when the Hearing Officer determines that a violation has occurred and that compliance was not achieved.

F. Administrative costs may include any and all costs incurred by the City (both direct and indirect costs) in investigating and commencing administrative proceedings for the violation as well as any and all costs incurred by the City in connection with the Hearing Officer incurred in preparation for the hearing and for participating in the hearing itself and costs of the City to conduct the hearing. Failure to pay administrative costs in the amount specified in the administrative Hearing Officer’s decision on or before the date specified in that decision shall constitute a violation of this Code punishable as a misdemeanor and shall further be subject to collection and late charges as otherwise provided for administrative penalties herein

G. A copy of the decision shall be mailed to the appellant by first class mail within five businesses days subsequent to the Hearing Officer’s issuance of the Notice of Decision.

(Ord. 12-19 § 2)

A. Any person aggrieved by an administrative decision of a Hearing Officer on an Administrative Citation may seek judicial review of the administrative decision by filing a further appeal with Santa Barbara Superior Court within 20 calendar days after the appellant receives a copy of the Notice of Decision, in accordance with the provisions of California Government Code Section 53069.4. The appeal filed with the Court must also contain a proof of service showing a copy of the appeal was served upon the City of Goleta City Attorney. The appellant must pay to the Superior Court the appropriate court filing fee when the appeal is filed.

B. No appeal is permitted from a decision where the appellant is deemed to have abandoned the contest of the Notice of Administrative Citation by an unexcused failure to appear at the appeal hearing or by the failure to request an administrative appeal hearing before the Hearing Officer.

C. The City Attorney or the City Attorney’s designee shall forward to the Superior Court within 15 days of the Court’s request, the pertinent Notice of Administrative Citation documents for any case appealed to that Court. If the Superior Court revokes any Notice of Administrative Citation, the City will refund to the appellant the Superior Court filing fee paid by the appellant.

(Ord. 12-19 § 2)

A. City Remedies. The City, at its discretion, may pursue any and all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines.

1. Remedies Cumulative. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines owed by a person under this chapter have been collected.

2. Refusal to Issue Permits. A City department may refuse to accept an application for a City permit or license or to refuse to issue, extend, or renew to any person, who has unpaid delinquent fines, liens, or assessments, any City permit, license, or other City approval pertaining to the property that is the subject of a Notice of Administrative Citation and an unpaid administrative fine.

3. Suspension of Issued Permits. Notwithstanding any other provision of the Code, any permit, license, or any type of land use approval issued by the City to a person who has unpaid administrative fines totaling $500.00 or more which remain delinquent for 30 days or longer may be suspended by the department which issued the permit or other entitlement. The suspension becomes effective 10 days after the date the notice of the suspension is placed by the issuing department in the United States mail, postage prepaid, addressed to the person, and continues until the administrative delinquency is paid in full. The person may request an appeal or review hearing pursuant to the specific permit, license, or other City approval procedures or ordinance if such a request is filed before the 10-day period ends. Continuing to operate under a suspended permit, license, or approval shall also be grounds for the Planning Commission to revoke the permit, license, or approval.

4. Remedies. The code enforcement officer may, at his or her discretion, also issue an administrative, civil, or criminal citation to any person for a Code violation.

5. Criminal Complaints. The City Attorney shall have the authority to determine whether a criminal complaint should be filed pursuant to this section and Goleta Municipal Code Section 1.01.190.

B. Violations Constitute a Public Nuisance. The City may pursue the remedies described in this section whether or not the City is pursuing any other action to terminate an ongoing Code violation that was the basis for an administrative fine to otherwise abate the violation or to sanction the property owner.

C. Civil Debt Collection. The City may also recover attorneys' fees via a civil debt collection action. The prevailing party in such a civil action may recover its reasonable attorneys' fees if the City elects, at the initiation of that action, to seek recovery of its own attorneys' fees. In no action may an award of attorneys' fees to any prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action.

D. Administrative Costs for Nuisances. The City may also recover administrative costs through a lien or special assessment under the authority of Goleta Municipal Code Section 12.13.130, Government Code Section 38773.5, or any other method allowed by law.

E. Civil Penalties. Civil penalties may be collected by any method allowed by statute or law.

(Ord. 12-19 § 2; Ord. 25-08, 11/18/2025)