Ione Municipal Code Art. III Enforcement of Code Violations by Administrative Citation

A. Any person violating any provisions of this Code may be issued an administrative citation by a director. A continuing violation of the Code constitutes a separate and distinct violation each and every day that such violation exists.

B. An administrative citation may levy fines or penalties. Such monies shall be payable directly to the city, unless otherwise noted on the administrative citation. Monies assessed by administrative citation shall be collected in accordance with the procedures specified in this chapter.

(Ord. No. 419, § 1, 4-21-2009)

A. Upon discovering any violation of this Code, or applicable state law, a director may issue an administrative citation to a responsible person in the manner prescribed by this chapter. The administrative citation shall be issued on a form approved by the city attorney.

B. If the responsible person cannot be located, the director shall attempt to locate the owner and issue the owner an administrative citation. If the director can only locate the manager or on-site supervisor at the subject property, the administrative citation may be given to the manager or on-site supervisor. A copy of the administrative citation shall also be mailed to the owner in the manner prescribed in Section 1.10.070.

C. If the responsible person is located, the director shall attempt to obtain the signature of the responsible person on the administrative citation. If the responsible person refuses or fails to sign the administrative citation, such failure or refusal shall not affect the validity of the administrative citation or subsequent enforcement proceedings.

D. If the director is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person in the manner prescribed in Section 1.10.070.

E. If no one can be located on the property, the administrative citation shall be posted in a conspicuous place on or near the property.

F. The failure of any person with an interest in the property to receive notice shall not affect the validity of any proceedings taken under this chapter.

(Ord. No. 419, § 1, 4-21-2009)

An administrative citation shall contain all of the following information:

A. The name of the responsible person;

B. The name of the owner, if different from the responsible person;

C. The street address of the property at issue;

D. The Code sections in violation;

E. A description of the conditions which violate the Code sections;

F. The date and location of the violations and, if applicable, the approximate time the violations were observed;

G. A list of actions necessary to correct the violation and/or bring the property into compliance with this Code;

H. A date by which the violation must be corrected or a specific date by which certain action must be taken;

I. The amount of fines or penalties imposed for the violation, if any;

J. A statement explaining how and when the fine or penalty must be paid, and the consequences of failure to pay the fine penalty;

K. A statement explaining all rights and procedures to appeal the administrative citation;

L. The administrative citation shall contain the signature of the director and the signature of the responsible party, if he or she can be located; and

M. An administrative citation shall also contain a statement that identifies the consequences of failure to correct the violation. Such consequences may include:

1. Abatement or summary abatement of a public nuisance or city action to correct a violation on the property;

2. Imposition of additional fines or penalties or recordation of a code enforcement lien on the property;

3. Recordation of the administrative citation with the Amador County recorder's office;

4. For serious violations, an administrative hearing to determine the imposition of civil or criminal penalties; or

5. Pursuit of other legal remedies, such as an injunction against the responsible person or condemnation of the property.

(Ord. No. 419, § 1, 4-21-2009)

A. The penalty for Code violations imposed by this chapter shall be set forth in a schedule of penalties established by the city manager or his or her designee and confirmed by resolution of the city council.

B. A penalty shall be paid to the city within 30 days of the date of the administrative citation.

C. Payment of a penalty 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.

D. A violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety, shall not be subject to a penalty unless the violation is not corrected or otherwise remedied within 30 days of the administrative citation.

(Ord. No. 419, § 1, 4-21-2009)

For property in violation of this Code, the city may withhold issuing or processing permits for repair, construction and/or alteration of property, or entitlements for such property until the violation has been corrected.

(Ord. No. 419, § 1, 4-21-2009)

An appeal from the issuance of an administrative citation shall follow the procedures set forth in article V.

(Ord. No. 419, § 1, 4-21-2009)