La Mesa Municipal Code Ch. 1.07 Administrative Citation and Appeal Procedures

Whenever a code compliance officer or other authorized agent determines that an infraction or misdemeanor violation of the municipal code has occurred or that a violation exists which is deemed to constitute a public nuisance pursuant to the municipal code and/or applicable statute, rule, code or regulation, the officer or agent may issue an administrative citation to any party responsible for the violation. Each and every day that a violation of any provision of the municipal code continues to exist constitutes a separate and distinct offense. A separate citation may be issued for each day such violation continues to exist.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

Any party to whom an administrative citation is issued shall be responsible for payment of an administrative fine in the amount specifically set forth in the municipal code and/or applicable statute, rule, code or regulation violated or, if no amount provided, in the amount as follows:

(a) An administrative fine in an amount not to exceed two hundred dollars for the first violation;

(b) An administrative fine in an amount not to exceed four hundred dollars for the second violation of the same provision within a twelve-month period commencing on the date of the first violation;

(c) An administrative fine in an amount not to exceed one thousand dollars for the third and any subsequent violation of the same provision within a twelve-month period commencing on the date of the first violation.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

(a) Any party to whom an administrative citation has been issued for violations pertaining to building, plumbing, electrical, fire, or other similar structural or zoning issues that do not create an immediate danger to health or safety, shall be provided not less than ten calendar days in which to correct or otherwise remedy the violation prior to the imposition of any administrative fine. For all other violations, the recipient of an administrative citation shall be provided not less than seven calendar days in which to correct or otherwise remedy the violation prior to the imposition of any administrative fine, unless a shorter period is determined necessary by the code compliance officer or other authorized agent.

(b) The code compliance officer or other authorized enforcement agent may extend the time in which to correct or otherwise remedy a violation upon a showing that the recipient of the administrative citation requires additional time to complete repairs or upon a showing that the recipient of the administrative citation is awaiting issuance of a permit, provided such person offers proof that he or she has commenced taking action to correct or otherwise remedy the violation and/or that a proper application for such permit has been made.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

An administrative citation shall include all of the following information:

(a) The name of the person(s) responsible for committing the violation(s);

(b) The date of the violation(s);

(c) The street address or a definite description of the location where the violation occurred;

(d) The code section(s) violated;

(e) A description of the violation;

(f) An order prohibiting the continuation or repeated occurrence of the described violation(s);

(g) The amount of the administrative fine for the violation(s);

(h) A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

(i) A description of the administrative citation appeal process, including the time within which an appeal must be filed;

(j) A description of the process by which the city may collect any unpaid fines;

(k) A description of the potential consequences should the violator continue or repeat the violation;

(l) The name and signature of the code compliance officer or other authorized agent who issued the administrative citation (the "citing officer").

(Ord. 2008-2790 § 1 (part); May 13, 2008)

An administrative citation may be in letter form or any other form which adequately conveys the information set forth in Section 1.07.040.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

An administrative citation may be served in any of the following ways:

(a) By personal delivery to the violator;

(b) If the violator is being charged for violations occurring at a business operating within the city, and the violator is the owner or an employee of the business, the citation may be served by causing a copy of said citation to be sent by certified mail, postage prepaid, return receipt requested to the address shown on any permit or license issued by the city to said business;

(c) By causing a copy of said citation to be sent by certified mail, postage prepaid, return receipt requested, to an address otherwise known to the citing officer. The failure of any such person to receive a copy of the administrative citation shall not affect the validity of any proceedings or actions taken under this title. Service by certified mail in the manner herein provided shall be affixed to the copy of the administrative citation and retained by the citing officer.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

Service of an administrative citation which is personally served shall be deemed completed at the time of such personal service. Service of an administrative citation which is served by mail is deemed completed on the date said citation is deposited in the mail.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

Any recipient of an administrative citation may contest that there was a violation or that he or she is the party responsible for committing the violation by filing a complete and proper appeal of the administrative citation with the citing officer pursuant to this chapter.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

All appeals from any administrative citation shall be in writing and shall contain the following information:

(a) Name(s) of each appellant;

(b) A brief statement in ordinary and concise language of the specific items protested, together with any material facts claimed to support the contentions of the appellant;

(c) A brief statement in ordinary and concise language of the relief sought and the reasons why the administrative citation should be rescinded, modified or otherwise set aside;

(d) The signatures of all parties named as appellants and their mailing addresses. Any appeal filed that fails to provide all of the information required by this section shall be deemed incomplete.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

A complete and proper appeal of an administrative citation as described in this chapter shall be filed with the citing officer within ten calendar days from the date that service of the administrative citation was completed pursuant to Section 1.07.070. Any appeal not timely filed shall be rejected.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

A filing fee as established by city council resolution or any amendments thereto for an appeal of an administrative citation must be paid to the city at or prior to the time of the filing of such appeal. Any appeal of the administrative citation filed without payment of the filing fee shall be deemed incomplete.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

Not later than five calendar days from the date the appeal is filed the citing officer or his or her designee shall determine whether the appeal is complete. If the appeal is determined to be incomplete, the citing officer or his or her designee shall immediately mail to the appellant a notice of incomplete filing which shall provide a written explanation of each reason why the appeal has been determined to be incomplete. If service of the notice of incomplete filing is completed within five calendar days from the date the appeal is filed, the ten calendar day time period within which to file a completed appeal of an administrative citation shall not be extended.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

Failure to timely and properly file an appeal from an administrative citation shall constitute a waiver of all rights to an administrative appeal hearing and adjudication of the administrative citation or any portion thereof. The determination that the violation occurred and that the violator was responsible for the violation shall be deemed final on the date that service of the administrative citation is deemed completed pursuant to Section 1.07.070.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

The appeal of any administrative citation shall be processed in accordance with the provisions of this chapter and conducted in accordance with the provisions of Municipal Code Chapter 1.09.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

Enforcement of any administrative citation shall be stayed during the pendency of an appeal therefrom which is properly and timely filed pursuant to this chapter.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

(a) After an administrative citation becomes final due to the failure to file a timely and proper appeal, the code compliance officer or other authorized agent shall prepare a demand for payment of all applicable administrative fines if the citing officer determines that the person to whom the administrative citation is directed failed, neglected, or refused to obey the orders or adhere to the terms and conditions set forth in the citation. The demand for payment shall require the person issued the administrative citation to pay all applicable administrative fines no later than thirty calendar days from the date the administrative citation was issued. The amount of the fine for which the recipient shall be responsible shall be as set forth in the administrative citation. Payment of the administrative fine shall be made to the issuing department or division unless otherwise provided by the demand for payment.

(b) Where a timely and complete appeal of the administrative citation is filed pursuant to this chapter and the citation is upheld, the notice of decision and compliance order issued by the administrative hearing officer shall require appellant to pay all applicable administrative fines no later than ten calendar days from the date the notice of decision and compliance order was issued. The amount of the fine for which the recipient shall be responsible shall be as set forth in the administrative citation. Payment of the administrative fine shall be made to the issuing department or division of the city.

(c) Any person who fails to pay a fine imposed by this chapter on or before the date payment is due shall also be liable for a late payment charge of twenty-five percent of the fine. Additionally, delinquent fines shall accrue interest at the rate of ten percent per month, excluding penalties from the due date. Any unpaid fines, penalties, and interest shall constitute a debt owing to the city collectable by any and all available legal remedies.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

The demand for payment shall include all of the following, which shall be consistent with the information contained in the administrative citation:

(a) The name of the person(s) responsible for payment of the administrative fines;

(b) The date of issuance of the administrative citation and the street address or a definite description of the location where the violation occurred;

(c) The amount of the administrative fine which shall be immediately due and payable;

(d) The place where the fine must be paid;

(e) A description of the process by which the city may collect any unpaid fines. The demand for payment may be in letter form or any other form which conveys the information set forth in this section.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

The demand for payment shall be served upon the person(s) responsible for payment of the administrative fines either personally or by certified mail, postage prepaid, return receipt requested; at their address as it appears on the last equalized assessment roll of the county or as otherwise known to the code compliance officer or authorized agent. If an address of any such person does not appear on the last equalized assessment roll or is not otherwise known to the citing officer, then a copy of the demand for payment shall be addressed to such person(s) and mailed to the address of the subject premises. The failure of any such person to receive a copy of the demand for payment shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the demand for payment and retained by the citing officer.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

Service of the demand for payment which is personally served shall be deemed completed at the time of such personal service. Service of a demand for payment which is served by mail is deemed completed on the date said demand for payment is deposited in the mail.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

Proof of service of the demand for payment shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to a copy of demand for payment and retained by the citing officer.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

Any party contesting the imposition of the administrative fine(s) may seek judicial review of the imposition of the fine(s) by filing an appeal pursuant to California Government Code Section 53069.4, subdivision (b)(1) after said party has exhausted all available administrative remedies.

(Ord. 2008-2790 § 1 (part); May 13, 2008)

The prevailing party in any proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance shall be entitled to recovery of attorneys' fees incurred in any such proceeding.

(Ord. 2008-2790 § 1 (part); May 13, 2008)