Chapter 37 — GENERAL CITY POLICIES

No person unless authorized by the City Clerk, Mayor, or City Attorney shall remove any papers or documents from the City Hall.

(Prior Code, § 2104) (Ord. 1, passed 12-28-1959) Penalty, see § 10.99

All ordinances shall be published in a manner and consistent with Cal. Government Code § 36933, or as amended. (Prior Code, § 2700) (Ord. 20-01, passed 3-16-2020)

The Mayor, the City Clerk, the City Attorney, and the Mayor Pro Tem are each appointed the authorized agent of the city for the filing, with such offices and officers of the state and of the county, of certified copies of ordinances and resolutions and such other documents as may be required for the proper and efficient conduct of the city’s business. (Prior Code, § 2701) (Ord. 68, passed - -; Ord. 1, passed 12-28-1959; Ord. 92-8, passed 8-3-1992)

ADMINISTRATIVE CITATIONS; VIOLATION OF CODE

The City Council finds and declares as follows.

(A) There is a need for an alternative method of enforcement for minor violations of this code and applicable state codes. The City Council further finds that an appropriate method of enforcement for minor violations is through a civil citation and administrative hearing program.

(B) This subchapter makes any violation of the provisions of this code and applicable state codes subject to civil citation and civil fines.

(C) This subchapter establishes the administrative procedures for the imposition, enforcement, collection, review, and appeal of civil citations and civil fines pursuant to Cal. Government Code § 53069.4 and the city’s general police power.

(D) The issuance of a civil citation under this subchapter is solely at the city’s discretion and is one option the city has to address violations of this code and applicable state codes. By adopting this subchapter, the city does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the city may select in a particular case. The procedures established in this subchapter shall be in addition to criminal, civil, or any other legal remedies established by law that may be pursued to address violations of this code and applicable state codes.

(E) Because of the serious blighting conditions that can occur affecting health and safety, this subchapter is intended to impose strict civil liability for all public nuisance that occur upon the subject premises.

(F) The city adopts this civil citation and administrative hearing program in order to achieve the following goals:

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

(2) To gain compliance with this code and applicable state codes, as well as other ordinances and regulations in a timely and efficient manner;

• (3) To encourage voluntary and complete compliance with the provisions of this code and applicable state codes, and to eliminate public nuisances for the protection and benefit of the entire community;

(4) To provide for an administrative hearing process to appeal the imposition of civil citations and civil fines;

(5) To provide a method to hold persons responsible when they fail or refuse to comply with the provisions of the city municipal code or applicable provisions of state codes, other ordinances or regulations, or terms and conditions imposed on licenses, permits, or entitlements issued or approved by the city; and

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

(Prior Code, § 1400) (Ord. 22-03, passed 4-11-2022)

(A) Any person violating any provision of this code or applicable state codes may be issued a civil citation by an enforcement officer as provided in this subchapter. A violation of this code includes, but is not limited to, all violations of the municipal code and the uniform codes adopted by the City Council or failing to comply with any condition imposed on any license, permit, or entitlement issued or approved under the provisions of this code.

(B) An enforcement officer may issue a citation for a violation not committed in his or her presence if it is determined through investigation that the responsible person cited did commit the violation. (Prior Code, § 1401) (Ord. 22-03, passed 4-11-2022)

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

ADMINISTRATIVE HEARING. An oral proceeding before a hearing officer regarding the civil citation(s). BUILDING VIOLATION. Any violation of this code pertaining to building, housing, plumbing, electrical,

mechanical, or other similar structural or zoning regulations, including regulations set forth in Chapter 150 and Chapter 152, that does not create an immediate danger to health or safety.

CITY. The City of Grover Beach, California.

CIVIL CITATION. Any citation issued pursuant to this subchapter stating there has been a violation of this code.

CODE. The city municipal code, or any law, rule, regulation, or code that is adopted by reference.

CORRECTION PERIOD. The period of time allowed for a responsible person cited to correct a violation shown on a civil citation.

DIRECTOR. The Community Development Director of the city, or his or her designee.

ENFORCEMENT OFFICER. Any person duly authorized to enforce the provisions of this code.

HEARING OFFICER. Any person appointed by the City Manager to serve as the hearing officer for the administrative hearing of civil citations. Prior to conducting any hearings, the HEARING OFFICER must first be approved by the City Attorney as qualified to provide a fair and impartial hearing based on appropriate education, training, and experience.

ISSUE or ISSUED. Service of a citation to the responsible person.

NOTICE OF VIOLATION. Any notice advising there has been a violation of the City Municipal Code or Building Codes, or notice of a failure to correct a prior noticed violation.

REINSPECTION FEE. A fee charged pursuant to this subchapter against a responsible person who has become the

subject of city enforcement of state or local law, and for which there is a need to recover the city’s actual cost of a

second or any subsequent inspection of the property caused by the responsible party’s failure to comply with a lawful order from an enforcement officer. The amount of this fee shall be set by resolution of the City Council and shall become collectible in the same manner as civil fines.

RESPONSIBLE PERSON. Any of the following:

• (1) A person who causes a code violation to occur or continue;

• (2) A person who maintains or allows a code violation to occur or continue by his or her action or failure to act;

• (3) A person whose agent, employee, or independent contractor causes a code violation to occur or continue by his or her action or failure to act;

• (4) A person who is the owner, lessee, sublessee, or current possessor of real property where a property-related code violation occurs or continues;

• (5) A person who is the on-site manager of a business where a code violation occurs or continues; and/or

(6) A person who is the beneficiary under a deed of trust for the property where a property-related violation occurs or continues, and that person has not corrected the violation within 30 calendar days after being notified by the Director in writing of the violation and the fact that the trustee under the deed of trust is no longer living on the property and his or her whereabouts is unknown.

(Prior Code, § 1402) (Ord. 22-03, passed 4-11-2022)

CIVIL CITATIONS

(A) Each and every day a violation exists shall be a separate and distinct violation and is subject to a separate and distinct civil fine.

(B) A civil citation may charge a violation for one or more days on which a violation exists, and for violation of one or more code sections.

(C) Every person who applies for and receives a license or permit, or any type of land use approval (for example, subdivision maps, use permits, variances, and the like) or other entitlement, shall comply with all conditions imposed upon the issuance of the license or permit, or any type of land use approval or other entitlement. If a person violates any condition of such license or permit, or land use approval or other entitlement, he or she may be issued a civil citation and be liable for civil fines under the provisions of this subchapter.

(D) The city may take into consideration the fact that a person has been issued civil citations when the city is determining whether to grant, modify, suspend, revoke, or deny any license or permit, or any type of land use approval or other entitlement regarding that person or property, and such civil citations are evidence that the person has committed acts that are not compatible with the health, safety, and general welfare of other persons or businesses in the vicinity.

(Prior Code, § 1403) (Ord. 22-03, passed 4-11-2022)

(A) When a notice of violation is issued for a building violation, a 30-calendar day correction period shall be allowed for the correction of the violation and the responsible person shall correct the violation within that period. Notwithstanding the provisions of § 37.030, no responsible person for a building violation shall be liable for a civil fine unless the violation continues after the 30 calendar days allowed for its correction, plus any extension, and a civil citation is issued containing a notice of failure to correct. The 30-calendar day correction period shall not apply to a building code violation if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis.

(B) The responsible person receives a notice of violation for a building violation may request an extension of the correction period, provided that a request is filed with the Director before the 30-calendar day correction period ends. The Director may, in his or her discretion, grant a reasonable extension of the time period to correct the violation if the responsible person has supplied substantial evidence showing that the correction cannot reasonably be made within the 30-calendar day period. The filing for such an extension does not, unless granted, extend the 30-calendar day correction period or any other time periods set by this subchapter.

(C) If a building violation has not been corrected by the end of the correction period, the enforcement officer has authority to issue to the responsible person a civil citation containing a notice of failure to correct. The responsible person to whom the notice of failure to correct is issued shall be liable for and shall pay to the city the civil fine or fines described in the civil citation, which civil fine or fines shall be due on the date of issuance of the civil citation. Additional civil citations may be issued and additional civil fines imposed for every day the violation continues uncorrected from the date of issuance of the civil citation.

(Prior Code, § 1404) (Ord. 22-03, passed 4-11-2022)

(A) Each civil citation issued shall contain the following information:

• (1) Name of the responsible person cited for the violation of this code;

• (2) The date and approximate time when the violation(s) occurred;

• (3) The address or definite description of the location where the violation(s) occurred;

• (4) The date on which the citation was issued;

• (5) The code section(s) or condition(s) violated and a description of the violation(s);

• (6) The amount of the civil fine for each violation cited;

• (7) A description of the civil fine payment process, including a statement advising that the civil fine shall be

received by the city within 30 calendar days from the date of issuance of the civil citation, the procedure for payment of the civil fine, and the consequences for failing to timely pay the civil fine;

• (8) If a building violation, the civil citation shall also contain the date the 30-calendar day correction period

expires. The civil citation shall also state the amount of the civil fine(s) and a description of the civil fine payment process;

• (9) A notice that each day thereafter that a violation(s) remains uncorrected shall be a separate violation(s) subject to separate civil fine(s) until corrected;

• (10) An order prohibiting the continuation or repeated occurrence of each violation described in the civil citation;

• (11) A notice that the responsible person cited has the right to appeal the issuance of the civil citation by requesting an administrative hearing, including the time period within which the administrative hearing must be requested, and a description of the procedure to be used in requesting an administrative hearing;

• (12) A description of the procedure for requesting a waiver of the civil fine deposit;

• (13) An assignment of a hearing date, time, and location if the responsible person cited files a request for administrative hearing and/or a waiver of the civil fine deposit;

• (14) A notice that the code violation is deemed to be a public nuisance;

• (15) A notice of the process for the collection of unpaid civil fines and/or nuisance abatement costs as provided for in this subchapter;

• (16) The name and signature of the enforcement officer issuing the civil citation; and

• (17) Any other information deemed necessary by the Director for enforcement or collection purposes.

• (B) Each civil citation issued shall include a self-addressed envelope in which the responsible person can send the

• civil fine or request for administrative hearing or civil fine deposit waiver to the city.

(C) Failure of the civil citation to contain all of the information required in division (A) above shall not be a defense to the civil citation and shall not constitute grounds for dismissal of the civil citation. (Prior Code, § 1405) (Ord. 22-03, passed 4-11-2022)

A civil citation may be served by any one of the following methods.

(A) Personal service. An enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the civil citation. If the responsible person served refuses or fails to sign the civil citation, the failure or refusal to sign shall not affect the validity of the civil citation or of the subsequent proceedings.

(B) Service by mail.

(1) If the enforcement officer is unable to locate or personally serve the responsible person, the civil citation shall be served by first-class mail, postage prepaid, with a declaration under penalty of perjury of service by mail executed by the person mailing the civil citation.

(2) The civil citation shall be addressed to the responsible person at the address shown on the last equalized property tax assessment rolls for the county for a building or property-related violation, or to any address known for the responsible person for all other violations. Service by mail shall be deemed to be effective service on the date it is mailed and shall not affect the validity of the civil citation or of the subsequent proceedings.

(C) Service by posting. If the enforcement officer is unsuccessful in either personal service or service by mail, the civil citation shall be posted in a conspicuous place on the real property where the violation occurs for a building or property related violation. Such posting shall be deemed to be effective service on the date of posting and shall not affect the validity of the civil citation or of the subsequent proceedings.

(Prior Code, § 1406) (Ord. 22-03, passed 4-11-2022)

(A) Civil fines are due on the date the civil citation is issued, except civil fines for building violations shall be due on the date the second civil citation is issued containing the notice of failure to correct.

(B) A civil fine shall be late if not received by the city within 30 calendar days of the date the civil citation was issued.

(C) If a responsible person requests an administrative hearing and has received a waiver of civil fine deposit and the hearing officer upholds the civil citation, the civil fine shall be due on the date the notice of decision is personally delivered or mailed to the responsible person.

(Prior Code, § 1408) (Ord. 22-03, passed 4-11-2022)

(A) A civil fine shall be received by the City Administrative Services Department within 30 calendar days of its due date.

(B) Payment of a civil fine shall not excuse the responsible person from correcting the code violation(s). The issuance of a civil citation and/or payment of a civil fine does not bar the city from taking any other enforcement action regarding a code violation that is not corrected, including issuing additional civil citations, and/or filing civil or criminal complaints.

(Prior Code, § 1409) (Ord. 22-03, passed 4-11-2022)

(A) Civil fines, interest, penalties, reinspection fees, and/or administrative costs shall become a debt owing to the city and a personal obligation of the responsible person cited.

(B) The city, at its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid civil fines, administrative charges, interest, and penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total amount of the civil fines, interest, and penalties owed by a person under this subchapter have been collected.

(C) The city may refuse to issue, extend, or renew any city permit, license, or other city approval to any person who has unpaid delinquent civil fines, interest, penalties, liens, or assessments due under this subchapter related to the permit, license, or approval.

(D) The city may suspend any permit, license, or land use approval issued to a person who has unpaid civil fines related to the permit, license, or approval totaling $500 or more that have been delinquent for over 30 calendar days. The suspension shall become effective 20 calendar days after notice of the suspension is placed by the Director in the U.S. mail, postage prepaid, addressed to the person and shall continue until the delinquency is paid in full. The person may request an administrative hearing pursuant to the provisions of this subchapter on the issue of civil fine delinquency only if the request is filed with the Director before the 20-calendar day period ends. Continuing to operate under a suspended permit, license, or land use approval shall be grounds for revocation of the permit, license, or land use approval. Revocation may be made by the same city department or commission issuing or granting the permit, license, or land use approval upon the same notice and hearing requirements for the initial issue or grant, or upon such other procedures and notice requirements if controlled by another provision of this code. In no event shall revocation occur upon less than ten calendar days’ written notice.

(E) It shall be unlawful for a responsible person to fail to pay any civil fine, interest, penalty, reinspection fee, or administrative charges imposed pursuant to this subchapter. The City Attorney, at his or her discretion, may issue a criminal citation or complaint for an infraction to any responsible person who fails to make such a payment. The criminal fine for this violation shall be a mandatory minimum of $100.

ul for a responsible person to fail to pay any civil fine, interest, penalty, reinspection fee, or administrative charges imposed pursuant to this subchapter. The City Attorney, at his or her discretion, may issue a criminal citation or complaint for an infraction to any responsible person who fails to make such a payment. The criminal fine for this violation shall be a mandatory minimum of $100.

(F) Any violation of this code shall constitute a public nuisance. To compel compliance, the city may seek to abate the nuisance and collect the costs incurred by means of a nuisance abatement lien and/or special assessment against the property where a property-related violation occurred. Any unpaid delinquent civil fines, interest, penalties, reinspection fees, or administrative charges may be recovered as part of any such lien or special assessment against the property of the responsible person who is the owner of the property where the violation occurred pursuant to Cal. Government Code §§ 38773.1 and 38773.5. In any judicial action, administrative proceeding, or special proceeding or action of any kind to abate a nuisance, the prevailing party shall be entitled to recovery of attorney’s fees and court costs. The recovery of attorney’s fees is limited solely to causes of action directly associated with the abatement of a public nuisance. In no action, administrative hearing, or special proceeding shall an award of attorney’s fees to a prevailing party exceed the amount of reasonable attorney’s fees incurred by the city in the action or proceeding. Such attorney’s fees shall be recoverable as costs of abatement.

(G) To recover any delinquent civil fines, interest, penalties, reinspection fees, or administrative charges as a nuisance abatement lien and/or special assessment against the property where a property-related violation occurred, the city’s Administrative Services Director at his or her discretion, take the following steps:

(1) Submit to and receive from the City Council a resolution certifying the amounts of the liens and special assessments sought to be collected from each property owner;

(2) Request the County Recorder to record a notice of any liens, or special assessments, and send the Recorder the resolution certifying the amounts;

(3) Request the County Tax Collector to collect any special assessments certified by the City Council; and

(4) Take all other necessary action to enforce collection of any liens or special assessments provided for in this subchapter.

(H) The Administrative Services Director may pursue the lien and special assessment remedies whether or not the city is pursuing any other action to terminate an ongoing code violation that was the basis for the civil fine. (I) All civil citations shall contain a notice that unpaid civil fines, interest, penalties, reinspection fees, and administrative charges are subject to the assessment and lien collection procedures of this section. The lien or assessment shall be imposed on the date the civil citation for the code violation is issued to the responsible person and becomes effective upon the recording of a notice of lien or assessment by the County Recorder. This notice shall satisfy the notice requirements of Cal. Government Code §§ 38773.1 and 38773.5, when a civil citation is personally served on the responsible person. In addition, the City Administrative Services Director shall send notice by first class mail stating the date, time, and location of the meeting to each property owner listed in the proposed resolution at least ten calendar days before the City Council considers the resolution and certifies the amounts of the liens and special assessments.

(J) A responsible person may contest the amount and/or validity of any lien or assessment for a civil fine at the public hearing to certify the amount of the lien or assessment by the City Council pursuant to the provisions of this subchapter. Such contests shall be limited to the issue of the amount and/or validity of the lien or assessment, and may not consider whether the underlying Code violation occurred. Pursuit of such a contest by a responsible person is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or assessment.

(K) The parent or legal guardian of a responsible person who is a minor shall be liable for any civil fines imposed upon the minor pursuant to the provisions of this subchapter. Any such civil fines may be collected from the minor, parent, or guardian.

(Prior Code, § 1410) (Ord. 22-03, passed 4-11-2022) Penalty, see § 10.99

(A) A responsible person may request a preliminary civil citation review. The request for a preliminary civil citation review shall be actually received by the Community Development Department within ten calendar days of the date of issuance of the civil citation.

(B) To obtain a preliminary civil citation review, the responsible person shall submit to the Community Development Department a copy of the civil citation along with a signed written request for a preliminary civil citation review stating the reasons why no violation occurred or why the responsible person cited is not a responsible person for the violation. Attached to the signed written request for a preliminary civil citation review shall be copies of any evidence that the responsible person would like considered during the preliminary civil citation review. All requests for a preliminary civil citation review shall be date stamped upon receipt by the city.

(C) A city employee designated by the Director shall conduct the preliminary civil citation review. The reviewer shall not be the enforcement officer who issued the civil citation. The purpose of the preliminary civil citation review is to uncover and cancel any mistakenly-issued civil citations due to errors that are easily verifiable, and not to resolve factual disputes concerning the violation that is the subject of the civil citation.

(D) The preliminary civil citation review shall consist of a review of the citation, the written statement and any other evidence submitted at the time of the request by the responsible person and, at the discretion of the reviewer, any other related information. The review shall be decided within three business days of receipt of the request.

(E) The responsible person shall be notified of the results of the preliminary civil citation review by a written notice of decision. The notice of decision shall be forwarded to the responsible person by mail, email, or in person.

(F) A request for preliminary civil citation review does not extend any time periods for compliance, including the civil fine due date, the time any correction period ends, or the time to request an administrative hearing.

(G) If the conclusion of the preliminary civil citation review is that the civil citation was mistakenly issued or that the responsible person was not responsible for the violation, the citation shall be canceled. (Prior Code, § 1411) (Ord. 22-03, passed 4-11-2022)

(A) A responsible person requesting an administrative hearing may also request at the same time a hardship waiver of the civil fine payment. To seek such a waiver and obtain an administrative hearing on the request, the responsible person shall file with the city the signed written request form contained on the reverse side of the civil citation, check the box indicating this request, and attach a statement of the grounds for the request. The procedure governing the filing of such requests shall be the same as provided in § 37.039(A)(2).

(B) The person requesting the waiver bears the burden of establishing by substantial evidence that he or she does not have the financial ability to pay the deposit of the civil fine. The responsible person shall personally appear at the administrative hearing on the request and a nonappearance shall constitute an abandonment of the request.

(C) (1) The request shall be heard at the administrative hearing on the contest of the civil citation. At the conclusion of the administrative hearing on the waiver request, the hearing officer shall issue a notice of decision that the fine deposit is or is not waived.

(2) The hearing officer shall then proceed with the hearing on the contest of the civil citation. If the civil citation is upheld by the hearing officer, the fine payment shall be paid within 30 days after the decision is made by the hearing officer.

(D) A hearing officer decision on the waiver request is final and not subject to an appeal pursuant to § 37.040. (Prior Code, § 1412) (Ord. 22-03, passed 4-11-2022)

(A) Hearing request.

(1) A responsible person may contest a civil citation by filing a request for an administrative hearing, except that an administrative hearing of a building violation may not be requested unless and until a second civil citation is issued containing a notice of failure to correct. To obtain an administrative hearing, the responsible person shall fill out and file a signed written request form obtained from the city’s Department of Community Development and indicate the grounds for contesting the civil citation and/or civil fine. A responsible person may contest the civil citation by denying that a violation occurred, by denying that it was not corrected within the correction period, if applicable, or by denying that the responsible person cited is a responsible person for the violation.

(2) To be effective and complete, the city must actually receive the request within 30 calendar days of the date the citation was issued. Where the responsible person mails a request, the request shall be deemed filed on the date actually received by the city.

(3) The responsible person shall appear at the administrative hearing on the date and at the time and place specified in writing by the city by the Director of Community Development. Failure to personally attend the administrative hearing shall be considered a nonappearance. Nonappearance by the responsible person shall constitute an abandonment of the request unless the administrative hearing was continued pursuant to the provisions of this subchapter.

(Prior Code, § 1413)

(B) Hearing procedure.

(1) A hearing officer shall conduct administrative hearings in accordance with the provisions of this subchapter.

• (2) Hearings shall be conducted by a hearing officer either:

• (a) On the date and at the time and place specified in writing by the city;

• (b) On the date designated as a continued hearing date, as specified hereinbelow; or

(c) On a date set by the Director at least ten calendar days, but not more than 30 calendar days, after the responsible person requests an administrative hearing pursuant to § 37.038. At least ten calendar days’ written notice thereof shall be given to the responsible person.

(3) The Director shall ensure that the pertinent civil citation records are delivered to the hearing officer, including information showing all civil fine deposits or waivers granted.

(4) At the administrative hearing, the Director shall make available to the responsible person copies of any additional reports concerning the civil citation that are provided to the hearing officer.

(5) The responsible person shall be given the opportunity to testify and to present evidence relevant to financial hardship, the code violation specified in the citation, or the fact that all fines have been paid. A parent or legal guardian of a responsible person who is a juvenile under 18 years of age shall accompany the responsible person at the administrative hearing or the contest of the civil citation or request for waiver of the civil fine deposit shall be deemed abandoned.

idence relevant to financial hardship, the code violation specified in the citation, or the fact that all fines have been paid. A parent or legal guardian of a responsible person who is a juvenile under 18 years of age shall accompany the responsible person at the administrative hearing or the contest of the civil citation or request for waiver of the civil fine deposit shall be deemed abandoned.

(6) The civil citation, and any other reports prepared by the enforcement officer, or prepared at his or her request concerning the code violation, any attempted correction of the code violation, or civil fine payments that are provided to the hearing officer shall be accepted by the hearing officer as prima facie evidence of the code violation and the facts stated in such documents.

(7) (a) The hearing officer, Director, or City Attorney may continue an administrative hearing if a request is made by the responsible person, or the responsible person’s representative, or the representative of the city, upon a showing of good cause.

(b) All continuance requests shall either be made in person at the administrative hearing or by written request received by the department at least 24 hours before the administrative hearing date. If the continuance is granted, a new administrative hearing date shall be set within 45 calendar days and noted on the notice of decision.

(c) If the continuance is denied, the administrative hearing shall proceed as scheduled, and, if the responsible person is not present, the contest of the civil citation or request for civil fine payment waiver shall be deemed abandoned in accordance with the provisions of this subchapter. The decision on the continuance request is final and the notice of decision shall either be delivered personally to the responsible person or the representative if present or be mailed or emailed to the responsible person by the department.

(8) The administrative hearing shall be conducted informally, and the legal rules of evidence need not be followed. The hearing officer does not have the authority to issue a subpoena.

(9) The failure of the responsible person to appear at the administrative hearing, unless continued in accordance with the provisions of this subchapter, shall constitute an abandonment of the request for waiver of the civil fine payment and/or contest of the civil citation, and a failure to exhaust administrative remedies concerning the code violation(s) as set forth in the civil citation. The responsible person’s failure to appear shall be noted on the notice of decision by the hearing officer and delivered to the responsible person either in person or by mail. (Prior Code, § 1414)

e request for waiver of the civil fine payment and/or contest of the civil citation, and a failure to exhaust administrative remedies concerning the code violation(s) as set forth in the civil citation. The responsible person’s failure to appear shall be noted on the notice of decision by the hearing officer and delivered to the responsible person either in person or by mail. (Prior Code, § 1414)

(C) Hearing decision. After consideration of all the evidence and testimony submitted at the administrative hearing, the hearing officer shall issue a written decision to either waive the civil fine payment, not waive the civil fine payment, uphold the civil citation, or cancel the civil citation. The hearing officer has no discretion or authority to reduce or modify a civil fine. The decision will be made on a notice of decision form and designate the reasons and evidence considered for the decision. The decision of the hearing officer shall be made within ten business days of the

hearing and shall be final. The notice of decision shall be mailed or emailed to the responsible person by the department.

(Prior Code, § 1415) (Ord. 22-03, passed 4-11-2022)

(A) Any person aggrieved by an administrative decision of a hearing officer may seek judicial review of the administrative hearing decision by filing an appeal with the superior court of the county in accordance with the time lines and provisions set forth in Cal. Government Code § 53069.4. The aggrieved person filing the appeal shall be responsible for paying the statutory filing fee to the superior court when the appeal is filed.

• (B) No appeal is permitted from an administrative decision regarding:

• (1) A request for preliminary civil citation review;

• (2) An extension of the 30-calendar day correction period for building violations;

• (3) A request for waiver of the civil fine payment; or

(4) A decision that the responsible person is deemed to have abandoned the contest of the civil citation or civil fine due to her or his failure to appear at the administrative hearing or failure to deposit the civil fine.

(Prior Code, § 1416) (Ord. 22-03, passed 4-11-2022)

PENAL PROVISIONS

The pertinent provisions of Cal. Penal Code, Part 2, Title 3, or its successor, shall govern the procedures required for criminal enforcement of the city municipal code.

(Prior Code, § 1201) (Ord. 22-03, passed 4-11-2022)

Any person willfully violating his or her written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested. (Prior Code, § 1202) (Ord. 22-03, passed 4-11-2022)

(A) Enforcing officers generally. The Police Chief and all peace officers employed by the Police Department are hereby empowered to enforce, and are charged with the duty of enforcing, any and all provisions of this code or of any other ordinance of the city, including the power to arrest for such violations in accordance with the laws of the state, together with such other powers as are conferred upon them by the city. The Police Chief may authorize employees of the Police Department, excepting clerks, stenographers, and others whose duties do not fall within the scope of law enforcement services, to enforce any and all provisions of the statutes of the state, of this code, or of any other ordinance of the city where the violation of such provision or provisions would constitute a misdemeanor or an infraction, including the power to cite for such violations in accordance with the laws of the state. (Prior Code, § 1203)

(B) Enforcement officers.

(1) Training requirements. Before any such officer or employee may exercise criminal citation authority pursuant to this section, that officer or employee must complete an enforcement-training program established at the discretion

of the Chief of the City Police Department. The training program shall be designed to instruct officers and employees regarding:

• (a) The provisions of this code to be enforced;

• (b) The evidentiary prerequisites to proper prosecution for violations thereof;

(c) The procedural requirements of citations, including completion of the forms, processing, and amendment of citation forms; and

• (d) The limitations attendant thereto.

(2) Citation authority. The City Manager may appoint employees of the city from departments other than the Police Department as enforcement officers who shall have the same powers to enforce and duty to enforce the provisions of the city municipal code as people designated in division (A) above.

(3) Delegation. An officer or employee designated in division (B)(2) above has the authority to appoint employees to assist in the enforcement responsibilities. Such employees shall likewise have the authority to issue criminal citations following the written confirmation by the City Manager of the appointment of such employees by the officers and employees designated in division (B)(2) above and completion of the training required by division (B) (1) above.

(4) Notice to appear. Citation officers vested with criminal citation authority pursuant to this section may, pursuant to Cal. Penal Code §§ 836.5, 853.5, and 853.6, issue a citation in the form of a notice to appear to a person where any such citation officer has probable cause to believe that the person to be issued the citation has violated a provision of this code in the citation officer’s presence, which the citation officer had the discretionary duty to enforce, and therefore, has committed a misdemeanor or infraction.

l Code §§ 836.5, 853.5, and 853.6, issue a citation in the form of a notice to appear to a person where any such citation officer has probable cause to believe that the person to be issued the citation has violated a provision of this code in the citation officer’s presence, which the citation officer had the discretionary duty to enforce, and therefore, has committed a misdemeanor or infraction.

(5) Release on written promise to appear. A citation officer exercising the authority pursuant to this section may release the person to be issued a citation on his or her written promise to appear in court. The citation officer shall under no circumstances take the person to be issued a citation into custody.

(6) Refusal to sign. In the event that the person to be issued a citation refuses to provide his or her written promise to appear in court, a citation officer may summon a city police officer and request that such police officer take the person into custody. If the person demands to be taken before a magistrate, the citation officer may summon a city police officer and request that such police officer take the person into custody or seek assistance of the City Attorney and request that a complaint be prepared and filed against that person.

(7) Filing and maintenance files. Citation officers having a duty to enforce the provisions of this code, and who exercise the authority to issue a citation pursuant to this section, shall maintain a file of executed citations, issued under division (B)(4) above, any citations for misdemeanors shall be forwarded to the City Attorney’s office for issuance of a complaint and filing with the appropriate magistrate.

(8) Additional authority. Nothing in this section shall be considered to limit any authority otherwise vested in the named officers and employees, provided elsewhere in this code, or by state law. (Prior Code, § 1204)

(Ord. 22-03, passed 4-11-2022)

Any person violating any of the provisions or failing to comply with any of the requirements of this subchapter shall be guilty of an infraction if the code provision under which the person is charged makes violation thereof an infraction, is silent as to whether it is an infraction or misdemeanor or if the code designates a violation as a misdemeanor and the City Attorney elects to treat such violation as an infraction in accordance with § 10.99(A)(2). Any person convicted of an infraction under the provisions of this code herein shall be punishable by a fine or fines

consistent with Cal. Government Code § 36900, or its successor. Except as otherwise provided by law, all provisions of law or ordinance relating to misdemeanors shall apply to infractions.

(Prior Code, § 1205) (Ord. 22-03, passed 4-11-2022)

Except as otherwise provided in this code, any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine or imprisonment consistent with Cal. Government Code § 36901, or its successor. (Prior Code, § 1206) (Ord. 22-03, passed 4-11-2022)

(A) (1) The maximum amount of a civil fine for violating particular provisions of §§ 37.030 through 37.040 shall be set forth in a schedule of civil fines in the city’s Master Fee Schedule adopted by resolution of the City Council. The schedule may include escalating civil fine amounts for repeat code violations occurring within specified periods of time.

(2) A fine amount, not to exceed those set forth by resolution, may be imposed or reduced at the discretion of the citing officer or the City Attorney.

(B) Where no civil fine amount is specified by resolution of the City Council, civil fines shall be in accordance with those specified in Cal. Government Code § 36900.

(C) A late payment penalty shall be imposed for civil fines not paid within 30 calendar days of their due date. The amount of the late payment penalty shall be 100% of the total amount of the civil fine owed.

(D) (1) In addition to any civil fine and/or late payment penalty, a hearing officer shall also assess administrative costs against the responsible person when it finds that a violation has occurred or that compliance has not been achieved within the time specified in the civil citation, and any granted extensions thereof.

(2) Administrative costs may include any and all costs incurred by the city in connection with the matter including, but not limited to, costs of investigation, staffing costs incurred in preparation for an administrative hearing and for the administrative hearing itself, and costs for all reinspections of the property related to the violation(s).

(E) (1) Unless otherwise prohibited by law or regulation, all civil fines and administrative costs imposed pursuant to the provisions of §§ 37.030 through 37.040 shall accrue simple interest at the rate of 8% annually until the civil fine or administrative costs, including interest thereon, is paid in full.

(2) Interest shall begin to accrue 30 calendar days after the due date for the civil fine or administrative costs and continue until the civil fine or administrative costs, including interest thereon, is paid in full. (Prior Code, § 1407) (Ord. 22-03, passed 4-11-2022)

INTERIM SCHOOL FACILITIES

This subchapter shall be known and may be cited as the “Interim School Facilities Ordinance” or “this subchapter.” (Prior Code, § 10900) (Ord. 84-2, passed 3-19-1984)

The purpose of this subchapter is to provide a method for financing interim school facilities necessitated by conditions of overcrowding caused by new residential developments. (Prior Code, § 10905) (Ord. 84-2, passed 3-19-1984)

This subchapter is adopted pursuant to the provisions of Cal. Government Code, Chapter 4.7 (commencing with § 65970) of Division 1 of Title 7.

(Prior Code, § 10910) (Ord. 84-2, passed 3-19-1984)

The city’s General Plan provides for the location of public schools. Interim school facilities to be constructed from fees or land required to be dedicated, or both, shall be consistent with the General Plan. (Prior Code, § 10915) (Ord. 84-2, passed 3-19-1984)

The City Council may from time to time, by resolution, issue regulations to establish fees, administration procedures, interpretation, and policy direction for this subchapter. (Prior Code, § 10920) (Ord. 84-2, passed 3-19-1984)

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

ATTENDANCE AREA. The area established by the governing board of the school district, within which children must reside to attend a particular school.

CITY COUNCIL. The City Council of the City of Grover Beach.

CONDITIONS OF OVERCROWDING. The total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school.

CITY CLERK. The City Clerk of the city.

COMMUNITY DEVELOPMENT DIRECTOR. The Community Development Director of the city.

DEVELOPER. Any person, association, firm, partnership, corporation, other business entity, or public agency establishing, installing, or constructing a residential dwelling unit.

DWELLING UNIT. A building or portion thereof, or a mobile home, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit. DWELLING UNIT shall not mean remodels or room additions to existing residential structures, nor shall it include hotel or motel units.

INTERIM SCHOOL FACILITIES. Temporary classrooms not constructed with a permanent foundation and

defined as a structure containing one or more rooms, each of which is designed, intended, and equipped for use as a place for formal instruction of pupils by a teacher in a school; temporary classroom toilet facilities not constructed with a permanent foundation; and reasonable site preparation and installation of temporary classrooms and toilet facilities.

REASONABLE METHODS FOR MITIGATING CONDITIONS OF OVERCROWDING. Includes, but is not limited to:

• (1) The use of all available revenues, including the General Fund, to the full extent authorized by law;

• (2) Attendance area boundary adjustments;

• (3) The use of school district property for temporary use buildings;

• (4) The temporary or permanent use of other schools in the district not having overcrowded conditions;

• (5) The use of student transportation;

• (6) The use of existing and proposed relocatable structures;

• (7) The full use of funds which could be available from the sale of surplus school district real property;

• (8) Eliminating non-mandated school programs and facilities;

• (9) The use of classroom double sessions;

• (10) The use of year-round school programs; and

• (11) The pursuit and use of available tax, bond, and other revenue procedures to the full extent authorized by law.

RESIDENTIAL DEVELOPMENT. A project requiring a building permit for residential dwellings, including mobile homes, of one or more units.

(Prior Code, § 10925) (Ord. 84-2, passed 3-19-1984)

Pursuant to Cal. Government Code §§ 65970 et seq., the governing board of any school district operating an elementary or high school may, with respect to any of its attendance areas located in whole or in part within the city, make and file with the City Council written findings supported by clear and convincing evidence that:

(A) Conditions of overcrowding exist in the school or schools of such attendance area which will impair the normal functioning of educational programs, including the reasons for such conditions existing; and

(B) All reasonable methods for mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exists.

(Prior Code, § 10930)

Findings filed pursuant to § 37.081 shall contain the following:

• (A) A precise description of the geographic boundaries of the attendance areas to which the findings relate:

(B) A list of the mitigation measures evaluated by the governing board of the school district and a statement of the reasons why such measures were found to be infeasible:

• (C) The evidence upon which such findings were based; and

(D) Such other information as may be required by the Community Development Director or City Council to carry out the purposes of this subchapter.

(Prior Code, § 10935) (Ord. 84-2, passed 3-19-1984)

(A) After receipt of a school district’s complete notice of overcrowding pursuant to §§ 37.081 and 37.082 and after the complete notice of overcrowding has been available to the public for at least 60 days after receipt by the city, the City Council shall commence a public hearing, and shall thereafter do one of the following:

• (1) Concur in the school district’s findings of overcrowding;

• (2) Request additional information to verify the school district’s findings of overcrowding; or

• (3) Reject the school district’s findings of overcrowding and inform the school district of the reasons for such rejection.

(B) The City Council shall either concur or not concur in the notice of overcrowding within 61 to 150 days after the date of receipt of the findings. The City Council may extend the period to concur or not to concur for one 30-day period. The date of receipt of the notice of overcrowding is the date when all of the materials required by § 37.082 are completed and filed by the school district with the city. If the City Council concurs with a school district’s findings that conditions of overcrowding exist within an attendance area, the City Council shall adopt a resolution specifying:

• (1) Its concurrence based upon the evidence provided in the school district’s notice and findings;

• (2) A schedule of fees in accordance with § 37.085; and

• (3) The facilities to be constructed from the fees or the land to be dedicated, or both, is consistent with the General Plan.

(Prior Code, § 10940) (Ord. 84-2, passed 3-19-1984)

(A) After the City Council’s adoption of a resolution of concurrence with the school district’s notice and findings, the governing body of the school district shall submit a detailed plan or schedule specifying for such affected attendance area how it will use land or fees, or both, to solve the conditions of overcrowding. The schedule shall include, for each attendance area, the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In addition, the school district shall provide data showing the least expensive methods for financing the district’s plan, including the cost of leasing for a maximum period of five years interim use facilities. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the City Council together with the reasons for the modifications.

(B) The City Council shall review such plan at a regular meeting, and may report to the school district any recommendations for revisions of the plan. No fees or land dedication shall be required of any developer prior to the City Council’s review of the school district’s plan adopted pursuant to this section. (Prior Code, § 10945) (Ord. 84-2, passed 3-19-1984)

After the City Council’s approval of the school district’s plan, no building permit shall be approved in the attendance area described in said notice and findings, until the developer has either dedicated land, paid fees, or provided both dedicated land and fees, or agreed to dedicate land, pay fees, or provide both dedicated land and fees to the school district as hereinafter provided.

(A) Fees. The City Council shall establish fees by resolution and may amend such fee schedules from time to time.

(1) The city may require the school district to provide updated information to the City Council from time to time which the City Council may utilize in electing to adjust fees. Such information may consist of, but is not limited to, new census data for the city or portions thereof, school census data for the city or portions thereof, new lease and purchase data for relocatables, and changes in classroom maximums or standards.

(2) The amount of fees to be paid shall bear a reasonable relationship and will be limited to the needs of the community for interim school facilities, and shall be reasonably related and limited to the need for schools caused by the development.

(B) Land dedication. If the developer and the school district propose to agree to land dedication in lieu of fees or a combination of dedicated land and fees, the City Council shall consider the proposal within 30 days of receipt of a written proposal by the school district, and may approve or disapprove the dedication or combination of dedication and fees after considering at least the following factors:

(1) Whether lands offered for dedication will be consistent with the general plan;

(2) The topography, soils, soil stability, drainage, access, location, and general utility of land in the development available for dedication;

(3) Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated; and

(4) Whether the location and amount of lands proposed to be dedicated or the combination of dedicated land and fees will bear a reasonable relationship and will be limited to the needs of the community for interim elementary

and/or high school facilities, and will be reasonably related and limited to the need for schools caused by the development.

(Prior Code, § 10950) (Ord. 84-2, passed 3-19-1984)

Prior to final approval of a building permit for a residential dwelling unit or units which is located in whole or in part in an attendance area where a school has been determined to be overcrowded pursuant to this subchapter and for which the City Council has approved the school district’s plan to solve overcrowding, the applicant shall present to the Community Development Director evidence of one of the following:

(A) Payment to the school district of the fees required by resolution of the City Council adopted pursuant to § 37.085 which is in effect at the time the applicant applies for a building permit;

(B) An agreement in writing with the affected school district by which the applicant agrees to dedicate to the school district and the school district agrees to accept land to be used to relieve the overcrowding in the district’s schools as an alternative to payment of fees under division (A) above;

(C) An agreement in writing with the affected school district by which the applicant agrees to both dedicate land and pay fees to the school district and the school district agrees to accept the combination of dedicated land and fees to relieve the overcrowding in the district’s schools as an alternative to only the payment of fees under division (A) above and to only the dedication of land under division (B) above. The amount of the fees shall be determined by the City Council pursuant to § 37.085;

(D) A written statement of the applicant, with supporting documentation, that there are specific overriding fiscal, economic, social, or environmental factors benefitting the city which will justify the approval of such residential development without compliance with the fee payment or land dedication requirements of this subchapter.

(1) If the applicant provides such a statement of overriding factors under this division (D), the Community Development Director shall place the matter on the agenda of the City Council for public hearing to be held not less than 45 days after receipt of the statement, and shall give the school district at least ten days written notice of the hearing along with a copy of the statement.

(2) If after public hearing, the City Council agrees that overriding factors benefitting the city justify approval without the payment of fees or dedication of land, it shall direct the Community Development Director to continue processing the application. If the City Council finds that there are not sufficient overriding factors, it shall direct the Community Development Director to take no further action to process the application until the documentation required by divisions (A), (B), or (C) above has been provided.

(3) The Community Development Director shall refuse to grant final approval to a building permit for a residential dwelling unit which is within a school attendance area in which the City Council has found that conditions of overcrowding exist and for which the City Council has approved the school district’s plan to solve overcrowding, until the applicant has complied with this section.

(E) An agreement with the school district for payment of fees pursuant to § 37.088(G), along with evidence of payment to the school district of the fee specified in such agreement.

(Prior Code, § 10955) (Ord. 84-2, passed 3-19-1984; Ord. 86-1, passed 3-3-1986)

Except as provided in § 37.088(G), all fees collected by a school district pursuant to this subchapter shall be used only for the purpose of providing interim school facilities as defined in § 37.080. (Prior Code, § 10960) (Ord. 84-2, passed 3-19-1984; Ord. 86-1, passed 3-3-1986)

Residential development shall be exempt from the requirements of this subchapter when it consists of any one or more of the following:

(A) Any modification or remodeling of an existing legally-established dwelling unit;

(B) The proposed development is located within a redevelopment area designated by a redevelopment agency pursuant to the Community Redevelopment Law, and Cal. Health and Safety Code §§ 33000 et seq.;

(C) A condominium project converting an existing apartment building into condominiums where no new dwelling units are added or created;

(D) Any rebuilding of a legally-established dwelling unit destroyed or damaged by fire, explosion, an act of God, or other accident or catastrophe;

(E) Any rebuilding of a historical building recognized, acknowledged, and designated as such by the City Planning Commission or City Council;

(F) Any residential development where the City Council finds there are specific overriding fiscal, economic, social, or environmental factors benefitting the city which, in the sole judgment of the City Council would justify the approval of such development without the payment of fees or dedication of land; and

(G) Any residential development where the developer and the school district have entered into a written agreement to mitigate the impacts of overcrowding by providing to the school district, for its use for permanent or interim facilities as it deems best, fees and/or land at least equal in value to the amounts required by this subchapter for interim facilities. The City Council finds that such a mitigation measure is a specific overriding fiscal, social, and economic factor benefitting the city which justifies approval of any such development without compliance with the interim facilities fee payment requirements of this subchapter and without requirement for the hearing process specified in § 37.087(D). This exemption shall also be applicable to previously approved residential developments in the event that the payor of any fee charged for interim facilities pursuant to this subchapter enters into a written agreement with the school district authorizing use of such funds for permanent facilities.

(Prior Code, § 10965) (Ord. 84-2, passed 3-19-1984; Ord. 86-1, passed 3-3-1986)

If the payment of fees is required, such payment shall be made by the developer to the school district prior to the time of issuance of the building permit.

(Prior Code, § 10970) (Ord. 84-2, passed 3-19-1984)

If a building permit approval is vacated or voided and if the affected school district still retains the land or fees collected therefor, and if the applicant so requests in writing, the governing body of the school district shall order the land or fees returned to the applicant.

(Prior Code, § 10975) (Ord. 84-2, passed 3-19-1984)

As soon as overcrowding conditions cease to exist or reasonable methods of mitigating conditions of overcrowding are feasible, the school district shall immediately notify the City Council. Upon receiving such notice, or upon the City Council’s determination that overcrowding conditions cease to exist or that reasonable methods for mitigating

conditions of overcrowding are feasible, the City Council shall cease the requirement of fees or land dedication required by this subchapter.

(Prior Code, § 10980) (Ord. 84-2, passed 3-19-1984)

Any school district receiving funds or land pursuant to this subchapter shall maintain a separate trust account for any funds paid and shall file a report and an independent audit with the City Council on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year. In addition, the reports shall specify which attendance areas will continue to be overcrowded when the fall term begins and when and where conditions of overcrowding will no longer exist. Such report shall be filed no later than three months following the close of each fiscal year of the school district and shall be filed more frequently if requested by the City Council. The city may, at any reasonable time, cause an independent audit to be conducted of the fees collected by the governing board of the school district for the purposes authorized by this section. (Prior Code, § 10985) (Ord. 84-2, passed 3-19-1984)