Guadalupe Municipal Code Ch. 1.11 Administrative Citations, Fines and Hearing Procedures

The procedure set forth in this chapter is authorized by Government Code Section 53069.4.

(Ord. 2009-396 §1)

A. This chapter provides for administrative citations, fines and hearing procedures 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. This chapter shall also apply to supplement procedures located elsewhere in this code in order to provide due process.

B. In the case of a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety, a reasonable time not to exceed 6 months shall be provided to remedy or correct the violation prior to imposition of fines or penalties. In determining what is a reasonable time, the City may consider the estimate of local professionals including licensed contractors.

(Ord. 2009-396 §1)

A. Whenever any of the officers or employees designated to enforce this code, or an animal control officer pursuant to contract with the City, or any other officer designated by the City Attorney, determines that a violation of this code has occurred, the officer or employee shall have the authority to issue an administrative citation to any person who is a responsible party within the meaning of Section 8.50.200(H).

B. Each administrative citation shall contain:

1. The date of the violation;

2. The address or a definite description of the location where the violation occurred;

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

4. The amount of the fine for the code violation;

5. A description of the fine payment process, including a description of the time within which and the place to which the fine must be paid;

6. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

7. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained;

8. In the case of a violation described in Section 1.11.020(B), the time within which the violation must be corrected in order to avoid a fine; and

9. The name, signature and department of the person issuing the citation.

(Ord. 2009-396 §1)

The amount of fines for code violations imposed pursuant to this chapter shall not exceed the maximum amounts provided by Chapter 1.08.

(Ord. 2009-396 §1)

A. Fines shall be paid to the City of Guadalupe within 30 days after the administrative citation, except as otherwise specified.

B. In the case of a violation described in Section 1.11.020(B), the fine shall be paid to the City of Guadalupe within 30 calendar days after the date specified for compliance by the administrative citation.

C. An administrative fine paid pursuant to subsection A or B of this section shall be refunded in accordance with Section 1.11.100 if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

D. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.

(Ord. 2009-396 §1)

A. Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible party by completing a request for hearing form and returning it to the City within 10 calendar days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 1.11.070.

B. A request for hearing form may be obtained from the building and fire safety department of the City of Guadalupe.

C. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 calendar days prior to the date of the hearing. In the case of a cited person who asserts a prior restraint upon freedom of expression and requests an early hearing, the person shall be notified of the time and place set for the hearing at the time of making the hearing request.

D. If the person who issued the citation submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least 5 calendar days prior to the date of the hearing. In the case of a cited person who asserts a prior restraint upon freedom of expression and requests an early hearing, the cited person shall be given a copy of this report on the date of the hearing.

(Ord. 2009-396 §1)

A. Any person who intends to request a hearing to contest that there was a violation of the code or that he or she is the responsible party, and who is financially unable to make the advance deposit of the fine, may file a request for an advance deposit hardship waiver.

B. The request shall be filed with the City Clerk on an advance deposit hardship waiver application form, available from the City Clerk within 10 calendar days after the date of the administrative citation.

C. The requirement of depositing the full amount of the fine as described in Section 1.11.060(A) shall be stayed unless or until the City Clerk makes a determination not to issue the advance deposit hardship waiver.

D. The City Clerk may waive the requirement for advance deposit only if the cited party submits to the City Clerk a declaration under penalty of perjury, supported by evidence, that shows to the City Clerk's satisfaction that the person is financially unable to deposit the full amount of the fine in advance of the hearing.

E. If the City Clerk determines not to issue an advance deposit hardship waiver, the cited party shall remit the deposit to the City within 10 calendar days after the date of that decision or 14 calendar days after the date of the administrative citation, whichever is later.

F. The City Clerk shall list his or her reasons for granting or not granting an advance deposit hardship waiver in writing and serve it on the cited party. The City Clerk's decision is final.

(Ord. 2009-396 §1)

The code compliance hearing officer shall hear and decide the contests of administrative citation specified in Section 1.11.060(A).

(Ord. 2009-396 §1)

A. No hearing to contest an administrative citation before the hearing officer shall be held unless the fine has been deposited in advance per Section 1.11.060(A) or an advance deposit hardship waiver has been issued per Section 1.11.070.

B. A hearing before the hearing officer shall be set for a date that is not less than 15 calendar days and not more than 60 calendar days from the date that the request for hearing is filed in accordance with the requirements of this chapter; provided, however, that upon the request of a cited person who asserts a prior restraint upon freedom of expression, the hearing shall be held and completed within 2 business days.

C. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

D. Failure of the cited person to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.

E. The administrative citation and any additional report submitted by the citing officer shall constitute prima facie evidence of the respective facts contained in those documents.

F. The hearing officer may continue the hearing and request additional information from the enforcement officer or cited person prior to issuing a written decision.

(Ord. 2009-396 §1)

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall within 15 calendar days issue and serve, in the manner provided in Section 8.50.207, on the cited person a written decision including findings to uphold or cancel the administrative citation. In the case of a cited person who asserted a prior restraint upon freedom of expression and requested an early hearing, the decision shall be served within 2 business days after the hearing. The decision of the hearing officer shall be final.

B. If the hearing officer determines that the administrative citation should be upheld, the City shall retain the fine amount on deposit.

C. If the hearing officer determines that the administrative citation should be upheld and the fine has not been deposited because of an advance deposit hardship waiver, the hearing officer shall set a fine payment schedule in the decision.

D. If the hearing officer determines that the administrative citation should be canceled and the fine was deposited with the City, the City shall promptly refund the fine, plus interest earned by the City during the time the City held the fine.

(Ord. 2009-396 §1)

Any person who fails to pay to the City any fine imposed pursuant to this chapter on or before the date that fine is due also shall be liable for the payment of late payment charges in the amount of 15% of the fine, plus interest accrued at a rate of 1.5% per month until paid.

(Ord. 2009-396 §1)

The City may collect any past due administrative citation fine or late payment charge by use of all available legal means.

(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 thereof. The appeal shall be governed by the provisions of Government Code Section 53069.4.

(Ord. 2009-396 §1)