Isleton Municipal Code Ch. 2.52 Administrative Citations

A. The city council finds there is a need for an administrative mechanism to enforce the fines that may be attached to any ordinances that the city council has enacted and will enact.

B. The provisions of this chapter shall be in addition to other civil and criminal remedies available to the city.

(Ord. No. 2016-03, 11-15-2016)

A. Any violation of any city ordinance shall be grounds for issuance of an administrative citation as provided in this chapter. Administrative citations shall be issued by an enforcement officer who shall be the city manager or his or her designee.

B. This chapter provides general rules for the issuance and collection of administrative citations. If another ordinance provides for the use of an administrative citation procedure to enforce a specific ordinance, that ordinance shall prevail over this chapter with respect to the enforcement of the specific ordinance.

(Ord. No. 2016-03, 11-15-2016)

A. A civil penalty assessed for violations of any city ordinance by means of an administrative citation issued under this chapter shall be payable directly to the city.

B. Civil penalties assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this chapter.

(Ord. No. 2016-03, 11-15-2016)

A. Upon verifying an ordinance violation, the enforcement officer may issue an administrative citation on a form approved by the city manager, pursuant to the procedures outlined in this chapter.

B. A warning notice may be issued by the enforcement officer in lieu of or as a perquisite to the issuance of an administrative citation as follows:

1. A warning notice may be issued for any violation which does not involve an immediate threat to health or safety.

2. A warning notice must be issued prior to the issuance of an administrative citation when the violation is continuing in nature, and pertains to building, plumbing, electrical or similar structural or zoning issues that do not create an immediate danger to health or safety.

3. The warning notice shall specify the ordinance provision(s) being violated, the nature of corrective action required and the deadline for corrective action. The enforcement officer shall set a deadline that is not less than two days, not generally more than 30 days, from the date of the warning notice. In determining the deadline for corrective action, the enforcement officer may consider such factors as the nature of the violation and its impact on the adjacent community, the cost and difficulty of corrective action, the necessity, if any, of obtaining permits or other approvals for the corrective action, and any other factors reasonably related to securing compliance with the city's ordinances.

4. Warning notices shall be served and posted in the same manner as an administrative citation (see subsections 2.52.040.C and D below).

5. If all or any part of a violation set forth in a warning notice is not corrected by the deadline for corrective action, the enforcement officer may issue an administrative citation.

C. The warning notice shall be on a form provided by the city manager, and shall provide space for the following information:

1. The date, time and location of each violation;

2. The date of the service of the warning notice;

3. The specific ordinance sections violated, and a reasonably detailed description of the circumstances surrounding each violation;

4. A description of the corrective action that is required;

5. A demand for corrective action and a deadline to remedy the violation;

6. The signature of the enforcement officer.

D. The procedures for issuing an administrative citation are governed by this section.

1. First, the enforcement officer determines the responsible party(ies). For purposes of this chapter, the legal owner, as well as the person or entity that is in possession or control of the premises, property, vehicle, business or other enterprise that is the subject of the violation, shall be considered a responsible party and may be cited as such in the discretion of the enforcement officer, in addition to the person or entity actually committing the violation.

2. Second, once the responsible party is identified, the enforcement officer should personally serve the administrative citation by hand-delivering a copy of the citation to that party and obtaining that person's acknowledgment of receipt of the citation.

3. Third, in the event the responsible party cannot be identified or located, or if, after being located, the responsible party refuses to sign the acknowledgment of receipt, the enforcement officer may serve the citation by posting or mailing.

a. If the enforcement officer elects to post the citation, the enforcement officer shall affix the citation in a conspicuous location on the real property, premises or vehicle which is the subject of the violation, unless that would be impractical.

b. If the enforcement officer elects to mail the citation, the enforcement officer shall address it to the individual or entity determined to be a responsible party, including (as appropriate) the legal owner or the person or entity in possession or control of the premises, property, vehicle, business establishment or other enterprise which is the subject of the violation. The citation shall be sent by certified mail.

c. Service shall be deemed complete at the time the notice is personally served, deposited in the mail or posted on site.

(Ord. No. 2016-03, 11-15-2016)

A. The administrative citation shall be on a form provided by the city manager, and shall provide space for the following information:

1. The date, time and location of each violation;

2. The date of the service of the administrative citation;

3. The specific ordinance sections violated, and a reasonably detailed description of the circumstances surrounding each violation;

4. A description of the corrective action that is required, if any;

5. A demand for corrective action and a deadline for compliance (if applicable);

6. The amount of civil penalty imposed; and

7. The signature of the enforcement officer.

B. The administrative citation shall also include instructions for payment of the penalty; a summary of the appeal process set forth in this chapter; a note that payment shall be due within 30 calendar days from the date of the service of the administrative citation, and a note that failure to pay the penalty by the due date will double amount of the civil penalty owed.

(Ord. No. 2016-03, 11-15-2016)

A. The planning commission shall conduct an orderly hearing and consider all evidence and contentions presented by the appellant. All necessary parties shall be offered a reasonable opportunity to present relevant facts, applicable laws, evidence and analysis demonstrating the merits of their claim or appeal.

B. A valid administrative citation shall be prima facie evidence of the violation indicated.

C. The city manager shall render a notice of decision as soon as practical following the hearing. The notice of decision shall be on a form prescribed by the city manager, and shall contain substantially all of the following:

1. Findings based upon the record of the hearing;

2. Citations to the city ordinance sections found to be violated, if any; and

3. A statement regarding the imposition of penalties.

D. The notice of decision shall be final and conclusive, subject to the contestant's right to file an appeal to the city council within ten days after service of the notice of decision, and subject to contestant's right pursuant to Government Code § 53069.4, to file an action in the Sacramento County Superior Court, within 20 days after service of the city council final administrative order or decision.

E. The city manager may establish additional procedures for the conduct of hearings that are not inconsistent with this chapter.

(Ord. No. 2016-03, 11-15-2016)

A. An administrative citation may be appealed within ten days of service. The notice of appeal must be in writing and shall include an administrative hearing fee. First citations administrative hearing fee $50.00. Second citations administrative hearing fee for same violation(s) $100.00. Third citations administrative hearing fee for same violation(s) $150.00. If the contestant's penalty is waived by the city council the administrative hearing fee will be refunded. The notice of appeal shall include the contestant's current mailing address, shall set forth the basis of the appeal and shall be filed with the city clerk.

B. As soon as practical after receiving a notice of appeal, the city clerk shall review the administrative citation, for compliance with this chapter. If the citation is found to conform to the content and service requirements, the notice of appeal shall be referred to the city manager.

C. The city manager shall set a time and date for a hearing on the appeal. The hearing shall be held at least ten days after service of the notice of hearing. Notice of the hearing shall be served upon the contestant at the address given in the notice of appeal.

(Ord. No. 2016-03, 11-15-2016)

A. The fines for administrative citations are as follows:

1. First administrative citation: a fine of $100.00;

2. Second administrative citation for the same violation within one year: a fine of $500.00;

3. Third administrative citation for the same violation within one year: a fine of $1,000.00.

B. Any fine which is not paid when due constitutes a debt to the city, and may be collected in any lawful manner.

C. Payment is late if the fine is not paid within 30 calendar days after service of the administrative citation. If payment is late, the amount of the fine shall be doubled.

(Ord. No. 2016-03, 11-15-2016)