Guadalupe Municipal Code Ch. 1.10 Administrative Penalties

A. This chapter provides for administrative penalties, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this code.

B. The City may use this chapter in its absolute discretion.

(Ord. 2009-396 §1)

"Administrative costs"

include any and all costs incurred by the City in connection with the matter before the hearing officer including, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, and costs for all inspections necessary to enforce a compliance order.

"Hearing officer"

means the person appointed by City Council to hear and rule on appeals of alleged violations of the municipal code.

"Compliance official"

shall mean any official authorized or charged by this code or by the City Attorney to enforce any provision of this code.

"Responsible party"

shall have the same meaning as in Section 8.50.200(H).

(Ord. 2009-396 §1)

A. Whenever a compliance official determines that a violation of any provision of this code within a compliance official's responsibility is occurring or exists, a compliance official may issue a compliance order to any person responsible for the violation.

B. A compliance order shall contain the following information:

1. The date and the location of the violation;

2. The section of this code violated and a description of the violation;

3. The actions required to correct the violation(s);

4. The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved; and

5. Either a copy of this chapter or an explanation of the consequences of noncompliance with this chapter and a description of the hearing procedure and appeals process.

(Ord. 2009-396 §1)

All notices required by this chapter shall be served pursuant to the provisions of Section 8.50.120.

(Ord. 2009-396 §1; Ord. 2023-515, 2/27/2024)

A. If a compliance official determines that all violations have been corrected within the time specified in the compliance order, no further action shall be taken.

B. If compliance is not achieved within the time specified in the compliance order, the compliance official shall advise the building permit technician to set a hearing before the hearing officer.

C. The building permit technician shall cause written notice to be served on the violator and, where real property is involved, a notice of hearing shall be served on the property owner at the address as it appears on the last equalized county assessment roll available on the date the notice is prepared.

(Ord. 2009-396 §1)

A. Every notice of hearing on a compliance order shall contain the date, time and place at which the hearing shall be conducted by the hearing officer.

B. Every hearing shall be set for a date not less than 15 days nor more than 60 days from the date of the notice of hearing unless a compliance official determines the matter is urgent or good cause exists for an extension of time; provided, however, that upon the request of a person who has received a compliance order and who asserts a prior restraint upon freedom of expression, the hearing shall be held and completed within 2 business days.

C. The hearing serves to provide a full opportunity for a person subject to a compliance order to object to the determination that she/he is a responsible party, that a violation has occurred and/or that the violation continues to exist. The failure of a person subject to a compliance order to appear at a hearing shall constitute a failure to exhaust administrative remedies.

(Ord. 2009-396 §1)

A. At the time and place set forth in the notice of hearing, the hearing officer shall conduct a hearing according to the provisions of Article 3 of Chapter 8.50 of this code.

B. The hearing officer shall consider any written or oral evidence consistent with its rules of procedure regarding the violation and compliance by the responsible party.

C. Subject to subsection G of this section, within 15 days following the conclusion of the hearing, the hearing officer shall make findings, and issue its determination regarding:

1. The existence of the violation.

2. The failure of the violator or owner to take required corrective action within the time period stated in the compliance order.

D. The hearing officer shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing.

E. If the hearing officer finds by the preponderance of evidence that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the hearing officer shall issue an administrative order.

F. If the hearing officer finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the hearing officer shall issue a finding of those facts.

G. Upon issuance, the person who received the compliance order shall be served with the finding of facts and, if applicable, the administrative order. Service shall be made in the manner provided for giving notice by this chapter. In the case of a person who received a compliance order, asserted a prior restraint upon freedom of expression and requested an early hearing, the service shall be made within 2 business days after the hearing.

(Ord. 2009-396 §1)

The administrative order described in Section 1.10.070 may impose any or all of the following:

A. An order to correct, including a schedule for correction where appropriate;

B. Administrative penalties as provided in Section 1.10.090;

C. Administrative costs as provided in Section 1.10.100.

(Ord. 2009-396 §1)

A. The hearing officer may impose administrative penalties for the violation of any provision of this code. For any related series of violations, the penalty shall not exceed $1,500.00 per day for each ongoing violation where the violation is a misdemeanor under this code; the amount of the penalty shall not exceed the amount provided by Section 1.08.020 where the violation is an infraction. The total administrative penalty shall not exceed $75,000.00 exclusive of administrative costs, interest and restitution for compliance inspections.

B. In determining the amount of the administrative penalty, the hearing officer may take any or all of the following factors into consideration:

1. The duration of the violation;

2. The frequency, recurrence and number of violations;

3. The seriousness of the violation;

4. The good faith efforts of the responsible party to come into compliance;

5. The economic impact of the penalty on the responsible party;

6. The impact of the violation on the community;

7. Such other factors as justice may require.

C. Administrative penalties imposed by the hearing officer shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by a compliance official or the hearing officer.

D. The hearing officer, in his or her discretion, may suspend the imposition of applicable penalties for any period of time during which:

1. The responsible party has applied for necessary permits; and

2. Such permits are necessary to achieve compliance; and

3. Such permit applications are actively pending before the City, State, or other appropriate governmental agency.

E. Administrative penalties assessed by the hearing officer shall be due by the date specified in the administrative order.

F. Administrative penalties assessed by the hearing officer are a debt owed to the City and, in addition to all other means of enforcement, if the violation is located on real property, may be enforced by a special assessment or lien as provided in Sections 8.50.402 and/or 8.50.403.

G. If the violation is not corrected as specified in the administrative order to correct and no suspension is in effect, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set for in subsection A of this section.

H. If the violator gives written notice to a compliance official that the violation has been corrected and if a compliance official finds that compliance has been achieved, a compliance official shall deem the date the written notice was postmarked or personally delivered to a compliance official or the date of the final inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to a compliance official, the violation will be deemed corrected on the date of the final inspection.

(Ord. 2009-396 §1)

The hearing officer may assess administrative costs against the responsible party when it finds that a violation has occurred and that compliance has not been achieved within the time specified in the compliance order.

(Ord. 2009-396 §1)

Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the hearing officer may be enforced as:

A. A personal obligation of the responsible party; and/or

B. If the violation is in connection with real property, a special assessment or lien against the real property as provided for in Article 4 of Chapter 8.50. The special assessment or lien shall remain in effect until paid in full.

(Ord. 2009-396 §1)

The City may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a special assessment or lien pursuant to Chapter 8.50, Article 4.

(Ord. 2009-396 §1)

If a compliance official determines that compliance with the administrative order has been achieved, he or she shall file a compliance report with the hearing officer and notify the responsible party pursuant to Section 8.50.309.

(Ord. 2009-396 §1)

A compliance dispute shall be resolved pursuant to the procedures set forth in Section 8.50.310.

(Ord. 2009-396 §1)

Whenever the amount of any administrative penalty and/or administrative cost imposed by the hearing officer pursuant to this chapter in connection with real property has not been satisfied in full within 30 days or such other time limit set forth in the administrative order, and/or has not been successfully challenged by a timely appeal as provided in Section 1.10.170, this obligation shall constitute a special assessment and/or lien against the real property on which the violation occurred. The special assessment and/or lien shall be imposed pursuant to the procedure set forth in Chapter 8.50, Article 4.

(Ord. 2009-396 §1)

Once payment in full is received by the City for outstanding penalties and costs, the City Clerk shall either record a notice of satisfaction or provide the responsible party or financial institution with a notice of satisfaction so that they may record this notice with the Office of the County Recorder. Such notice of satisfaction shall cancel the City's lien.

(Ord. 2009-396 §1)

Any person affected by the decision of the hearing officer may appeal the decision to the Superior Court of Santa Barbara County within 20 calendar days of the decision or service of the administrative order. The appeal shall be governed by the provisions of Government Code Section 53069.4.

(Ord. 2009-396 §1)