Livingston Municipal Code Ch. 18 Administrative Citations

The enforcement of this code is vital to the protection of the public’s health, safety and quality of life. Under Cal. Gov’t Code § 53069.4, the city is authorized to adopt an administrative citation program, which program offers an alternative method of enforcing code violations. The purpose of issuing administrative citations pursuant to this chapter is to encourage compliance with the provisions of this code and to provide a method of holding persons responsible when they fail or refuse to comply with the provisions of this code. The use of this chapter is also intended to minimize the expense and delay associated with pursuing code violations through the civil or criminal justice system.

(Ord. 550, passed 8-15-2006)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADMINISTRATIVE CITATION or CITATION. A written notice to a responsible person that a violation of this code has occurred and an assessment of a civil fine issued by an enforcement officer.

• CITY MANAGER. The City Manager of the City of Livingston or his or her designee.

• CONTINUING VIOLATION. Either:

• 1. A particular violation of this code continuing for more than 24 hours without correction or abatement; or
• 2. A repeated, consecutive violation of the same offense without intervening days.

ENFORCEMENT OFFICER. Any person authorized to enforce certain provisions of this code.

LEGAL INTEREST. Any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic’s lien or other similar instrument, which is recorded with the County Recorder.

NOTICE OF VIOLATION. A written notice to a responsible person that a violation of this code has occurred and a warning that an administrative citation assessing fines will be issued unless the violation is ceased and abated.

RESPONSIBLE PERSON. Any person or persons that an enforcement officer determines is responsible for causing or maintaining a violation of this code. The term RESPONSIBLE PERSON includes, but is not limited to, a property owner, tenant, person with a legal interest in real or personal property, or person in possession or control of real or personal property.

(Ord. 550, passed 8-15-2006)

(A) This chapter authorizes use of administrative citations that are in addition to all other legal remedies, criminal or civil, that the city may pursue to address any violation of this code.

(B) The use of this chapter is at the sole discretion of the City Manager, City Attorney and the city’s enforcement officers.

(C) Any enforcement officer, upon determining that a provision of this code which such officer is charged to enforce has been violated, has the authority to issue an administrative citation to any responsible person.

(D) Any responsible person violating any provision of this code, or causing, permitting or maintaining a violation of any provision of this code may be issued an administrative citation by an enforcement officer.

(E) Each and every day a violation of this code exists constitutes a separate and distinct offense and will be subject to a separate fine. A single citation may charge a violation for one or more days on which a violation exists, and for the violation of one or more code sections. Continuing violations will automatically accrue fines beginning on the date the citation is issued until verification of abatement pursuant to this chapter.

(F) The owner of any property, building or structure within the city has the responsibility for keeping such property, building or structure free of violations related to its use or condition. The owner of such property, building or structure is a responsible person and is separately liable for violations committed by tenants or occupants relative to the use or condition of the property.

(Ord. 550, passed 8-15-2006)

(A) Whenever an enforcement officer determines that a violation of this code exists, the enforcement officer may issue a notice of violation to a responsible person prior to issuing an administrative citation. The notice of violation serves as a written warning of responsibility and requires immediate action by the responsible person to cease and abate the violation. The notice of violation must include the information set forth in this chapter and a date by which the violation can reasonably be ceased and abated. If the violation is not ceased or abated by the end of the correction period stated in the notice, the enforcement officer may issue an administrative citation.

(B) In accordance with Cal. Gov’t Code § 53069.4, no responsible person will be assessed an administrative fine under this chapter for a continuing violation pertaining to a building, plumbing, electrical or similar structural or zoning issue that does not create an immediate danger to the public health or safety without first receiving a notice of violation and a reasonable opportunity to correct or otherwise remedy the violation. In such circumstance, the stated period available to correct the violation prior to the assessment of a fine must be appropriate to the violation as determined by the enforcement officer, but in no event less than five days. If, after the correction period stated in the notice, the violation is not ceased or abated, the enforcement officer may issue an administrative citation.

(C) Any responsible person receiving notice for a continuing violation may petition the City Manager for an extension of time to correct the violation so long as the petition is received before the end of the correction period. The City Manager may grant an extension of time to correct the violation if the responsible person has supplied sufficient evidence showing that the correction cannot reasonably be made within the stated period.

(D) The requirement of a reasonable opportunity to cure a violation does not apply in instances where, in the discretion of the City Manager, a code violation poses an immediate danger to the public health or safety.

(Ord. 550, passed 8-15-2006)

(A) Except as otherwise provided in this chapter, whenever notice is required to be given under this chapter, it must be given in one of the following ways:

1. Personal service;

2. Certified mail, postage prepaid, return receipt requested. Concurrently, the same notice should be sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service will be deemed effective by regular mail, provided that notice is not returned. Service by mail will be effective on the date of mailing; or

3. Posting the notice conspicuously on or in front of the affected property or any other real property within the city in which the city has knowledge that the responsible person has a legal interest.

(B) The failure of any interested person to receive any notice served in accordance with this section will not affect the validity of any proceedings taken under this chapter.

(C) The notice procedures in this section do not apply to an initial notice of violation, which may be sent by regular mail or personally served. Service of a notice of violation by mail is effective on the date of mailing.

(Ord. 550, passed 8-15-2006)

Upon determining that a violation of this code exists, an enforcement officer may issue an administrative citation to any responsible person on a form authorized by the City Attorney.

(Ord. 550, passed 8-15-2006)

(A) The amount of the fine will be assessed according to a schedule of fines adopted by City Council resolution. The schedule may include escalating fine amounts for repeat violations occurring within specified periods of time, and fines may vary depending on the particular code provision violated.

(B) Where no amount is specified by resolution of the City Council, the following fines will apply:

1. A fine not exceeding $100 per day for a first violation;

2. A fine not exceeding $200 per day for a second violation of the same code provision or permit within the previous 12 months; or

3. A fine not exceeding $500 per day for each additional violation of the same code provision or permit within the previous 12 months.

(C) A penalty of 10% will be added on any delinquent fines on the last day of each month after the due date.

(D) In addition to the late penalty provided by this section, delinquent fines will accrue interest at the rate of 1% per month, exclusive of penalties, from the due date.

(Ord. 550, passed 8-15-2006)

(A) Upon receipt of a citation, the responsible person must do the following:

1. Pay the fine within 30 days from the date of the administrative citation. All fines assessed are payable to the city. Payment of a fine does not excuse or discharge the failure to correct the violation nor will it bar further enforcement action by the city; and

2. Cease and abate the violation. If the offense is a continuing violation and the responsible person fails to properly cease and abate the violation, fines will accrue for each day until the abatement is properly verified. Additionally, subsequent administrative citations may be issued for the same violation. The amount of the fine for failure to correct the violation will increase at the rate specified in this chapter or as established by City Council resolution.

(B) At any time following 30 days after the issuance of the citation, the city may deliver a collection bill to the responsible person requiring payment for all outstanding amounts owed for the violation, including the amount due for the initial violation and any accrual of daily fines from the date the citation was issued to the date the abatement of the offense is properly verified (if applicable) plus any appropriate late payment charge, less any amount remitted pursuant to subsection (A) of this section.

(C) The abatement of a continuing violation must be verified by an enforcement officer. The responsible person must contact the phone number designated on the citation and schedule an inspection by an enforcement officer. Fines will accrue until the abatement is verified, less any days delayed by action of the city in scheduling such inspection.

(Ord. 550, passed 8-15-2006)

(A) The failure of any person to pay a fine or penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city. To enforce that debt, the city may file a civil action, lien the subject property as set forth in Chapter 19 of this title, or pursue any other legal remedy to collect such debt.

(B) A person who fails to pay any fine or other charge owed to the city under this chapter is liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorney fees. Such collection costs are in addition to any fines, interest and late charges.

(Ord. 550, passed 8-15-2006)

(A) Any person receiving an administrative citation may contest the citation by completing a request for hearing form and returning it to the city within ten business days after the issuance date of the administration citation. Any request for hearing must be accompanied by an advance deposit of the fine assessed by the citation for the initial violation, unless waived by subsection (C) of this section. If it is determined, after a hearing, that there was no violation as charged in the administrative citation, the advance deposit will be refunded.

(B) A request for hearing will not postpone or avoid the requirement of a responsible person to abate a violation nor toll the daily fines accruing for a continuing violation until the abatement of the offense is properly verified. In the event the hearing officer upholds the citation, the responsible person will be liable for the total fines accrued from the issuance of the citation to the date the abatement is properly verified.

(C) A person seeking an administrative hearing may request a hardship waiver of the fine deposit by filing with the City Manager a completed city form, which must be signed under penalty of perjury. The request must be submitted along with the request for hearing. The person requesting the waiver bears the burden of establishing that such person does not have the financial ability to make the deposit. The request will be decided by the City Manager within three business days from date the request is received, and the City Manager’s decision is final. The applicant will be notified by telephone, facsimile or in person of the decision on the request. The filing of a request for hardship waiver does not extend the time to file for an administrative hearing or pay the fine when due. If the request for hardship waiver is denied, an administrative hearing will not be scheduled unless the fine deposit is paid within five business days following the City Manager’s determination on the request for a hardship waiver.

(D) The failure to submit a timely and complete request for hearing will terminate a person’s right to contest the citation and result in a failure to exhaust administrative remedies, and the order of the citation will serve as a final determination and conclusive evidence of the named responsible person’s liability for the citation.

(E) The City Manager shall set a hearing before a city hearing officer on a date that is not less than 15 and not more than 60 days from the date that the request for hearing is filed in accordance with the provisions of this section. The city shall notify the person requesting the hearing by regular mail of the date, time and place set for the hearing at least ten days prior to the date of the hearing and give that person any additional written reports filed concerning the violation that are provided to the hearing officer.

(Ord. 550, passed 8-15-2006)

(A) A hearing officer, appointed by the City Manager, will conduct the administrative citation hearing.

(B) No hearing to contest an administrative citation before a hearing officer will be held until a request for hearing form has been completed and submitted, and the fine has been deposited in advance, unless a hardship waiver is granted in accordance with § 1-18-10(C) of this chapter.

(C) The hearing officer may only consider evidence that is relevant to whether the violation occurred and whether the responsible person has caused or maintained the violation of this code on the date specified in the administrative citation. However, the formal rules of evidence shall not apply to the hearing.

(D) At least ten days prior to the hearing, the city must provide the recipient of an administrative citation with copies of the citation, reports and other documents to be submitted to the hearing officer. No other discovery is permitted. Formal rules of evidence will not apply.

(E) The person contesting the administrative citation will be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

(F) Unless requested in advance by the person contesting the administrative citation, neither the code compliance officer nor any other representative of the city is required to attend the hearing, provided that any such appearance may be made at the discretion of the enforcement officer or City Manager.

(G) The failure of any recipient of an administrative citation to appear at the administrative citation hearing will constitute a forfeiture of the fine and a failure to exhaust administrative remedies, and the order of the citation will become the final determination.

(H) The administrative citation and any additional documents submitted by the enforcement officer to the hearing officer will constitute prima facie evidence of the violation and the respective facts contained in those documents.

(I) The hearing officer may continue the hearing and request additional information from the code compliance officer or the recipient of the administrative citation prior to issuing a written decision.

(Ord. 550, passed 8-15-2006; Ord. 610, passed 2-18-2014)

(A) After considering all of the testimony and evidence submitted at the hearing, the hearing officer must issue a written decision within a reasonable time after the hearing to uphold or deny the administrative citation and must list in the decision the reasons for that decision. The hearing officer will use preponderance of evidence as the standard of evidence in deciding issues. The decision of the hearing officer will be final.

(B) If the hearing officer determines that the administrative citation should be upheld, then any applicable fine amount on deposit with the city will be retained by the city. The hearing officer may also impose conditions and deadlines to correct the violation or require payment of any outstanding fines, penalties and interest.

(C) If the hearing officer determines that the administrative citation should be canceled or reduced because of an error in calculating the fine, the city will promptly refund the applicable amount of the deposited fine.

(D) The city shall serve the recipient of the administrative citation with a copy of the hearing officer’s written decision by certified mail.

(Ord. 550, passed 8-15-2006)

Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Merced County Superior Court in accordance with the time lines and provisions set forth in Cal. Gov’t Code § 53069.4.

(Ord. 550, passed 8-15-2006)