Gustine Municipal Code Art. 4 Program Administration

The city, with the approval of the city manager, shall seed the code enforcement fund with initial start-up capital of $2,000.00 from the general fund, to be repaid to the general fund upon a declaration of fund solvency by the city manager. This seed money shall be used to print administrative citations, purchase office supplies, and publish documents as required in the initial start-up of the fund. The fund, once solvent, should be self-sustaining.

(Ord. No. 438, 7-1-2008)

Operating costs for enforcing the administrative citation program shall be drawn from the code enforcement fund, as maintained by the city manager.

(Ord. No. 438, 7-1-2008)

The city council shall by resolution approve a fine schedule for violations of City Code and appropriate state codes.

(1) The fine schedule shall specify fines and increases in fines for subsequent violations of the same regulation by the same person within a one-year period.

a. A schedule of fines for infractions under state or City Code shall be published specifying amounts associated with specific offenses. Such fines shall double for a second offense, and quadruple for third offenses and for each subsequent offense thereafter within a one-year period. Where a fine amount is not specified, an assumed fine of $50.00 shall apply. In such cases, a second offense shall within a year shall be $100.00, and third and subsequent offenses within a year shall be $200.00.

b. Fines for misdemeanors enforced under this section shall be $125.00 first offense, $250.00 second offense, and $500.00 third offense or subsequent offenses within a one-year period.

(2) The city council shall annually review the fine schedule and make changes as deemed appropriate, at a time to be determined by the city manager.

(3) Late payment penalties shall also be determined and specified by resolution of the city council.

(Ord. No. 438, 7-1-2008)

Payment of fines and assessed fees shall be paid directly to the city within 30 working days from the date of the issuance of the administrative citation unless the citation is appealed, in which case the fine and fees, if any, shall be paid from submitted deposits if the planning commission affirms the citation, or within ten calendar days after such a finding if a hardship waiver has been granted.

(1) 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.

(2) Any person who fails to pay any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due shall also be liable for the payment of any applicable late payment penalties as set forth in the fine schedule.

(Ord. No. 438, 7-1-2008)

The city shall have the right to impose administrative fees to cover costs of correction or abatement when a public nuisance or other violation of city or applicable state codes is enforced. The city may collect these fees, as well as any past due administrative citation or late payment charges by use of all available legal means, to include but not limited to the withholding of city services or placement of liens pending satisfaction of the debt to the city.

(Ord. No. 438, 7-1-2008)

It shall be the responsibility of the chief of police to maintain records related to the enforcement of the administrative citation program, with the exception of code enforcement fund records, which shall come under the purview of the city manager. The city manager shall allocate appropriate funding from the code enforcement fund to the chief of police to cover reasonable costs of maintenance of required records.

(Ord. No. 438, 7-1-2008)

The chief of police shall bear the responsibility of maintaining supplies and support materials necessary to the administration of the administrative citation program. Such supplies shall include, but not be limited to the printing of citations and publication of appropriate manuals, forms and public information documents. The city manager shall allocate funding as needed from the code enforcement fund to cover the costs of these expenditures.

(Ord. No. 438, 7-1-2008)

Citations shall be accounted-for by number, and a record of issuance of citation by number block shall be maintained by the chief of police. Any citation, which is voided, shall include all parts of the citation, with a short memo to the chief of police explaining the reason for the voiding.

(Ord. No. 438, 7-1-2008)

It shall be the responsibility of the chief of police to develop a system for processing citations in a manner as will properly account for providing alleged violators with due process, tracking records, and storing evidence as required. The chief of police shall keep the city manager apprised of the state of operations of the administrative citation program by exception, or at any time as may be requested by the city manager.

(Ord. No. 438, 7-1-2008)

Any administrative citation which alleges a violation deemed a misdemeanor under city or applicable state codes shall require the generation of an attendant standard police report by the issuing officer.

(Ord. No. 438, 7-1-2008)