Los Gatos Municipal Code Art. III Administrative Citations

Footnotes:

--- (1) ---

Editor's note— Ord. No.2127, § II, supplied provisions to be added to the Code as Article II, Administrative Citations. In order to preserve the style of the Code, and at the editor's discretion, these provisions have been set out as Article III, Administrative Citations, to read as herein set out.

Sections 1.30.010 through 1.30.070 herein provide for administrative citations which are in addition to all other civil legal remedies and which are an alternative to any criminal legal remedies, which may be pursued by the Town to address any violation of this Code except for violations of Chapter 15 (Motor Vehicles and Traffic).

(Ord. No. 2127, § II, 3-1-04)

For purpose of this article, the following definitions shall apply:

Enforcement officer shall mean any Town employee or agent of the Town with the authority to enforce any provision of this Code, including, but not limited to, the Town Manager, Town Attorney, Director of Community Development, Director of Parks and Public Works and any police officer and code enforcement officer.

Hearing Officer shall mean any person designated by the Town Manager to hear appeals of administrative citations and to hear administrative compliance hearings. The Hearing Officer shall not be the citing Enforcement Officer. The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of administrative citation penalties upheld by the Hearing Officer.

(Ord. No. 2127, § II, 3-1-04)

(a) Whenever an Enforcement Officer charged with the enforcement of this Code determines that a violation of that provision has occurred, the Enforcement Officer shall have the authority to issue an administrative citation to any person responsible for the violation.

(b) Each administrative citation shall contain the following information:

(1) The date of the violation;

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

(3) The section of this Code violated and a description of the violation;

(4) The amount of the penalty for the code violation;

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

(6) An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

(7) A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and,

(8) The name and signature of the citing Enforcement Officer.

(c) Prior to the issuance of an administrative citation for a violation which pertains to building, plumbing, electrical, or similar structural or zoning matters that do not create an immediate danger to health or safety, the Enforcement Officer shall provide a reasonable period of time not less than five (5) business days to correct or otherwise remedy the violation.

(Ord. No. 2127, § II, 3-1-04)

(a) The amounts of the penalties for code violations imposed pursuant to this article shall be set forth in the schedule of penalties established by resolution by the Town Council.

(b) The schedule of penalties shall specify any increased penalties for repeat violations of the same code provision within thirty-six (36) months from the date of an administrative citation.

(c) The schedule of penalties shall specify the amount of any late payment charges imposed for the payment of a penalty after its due date.

(Ord. No. 2127, § II, 3-1-04; Ord. No. 2356, § I, 4-2-24)

(a) The penalty shall be paid to the Town within thirty (30) days from the date of the administrative citation.

(b) Payment of a penalty shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.

(Ord. No. 2127, § II, 3-1-04)

(a) Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the Town within thirty (30) days from the date of the administrative citation, together with an advance deposit of the total penalty amount or an advance deposit hardship waiver application form as described in section 1.30.070.

(b) A request for hearing form may be obtained from the department specified on the administrative citation.

(c) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.

(d) If the Enforcement Officer submits an additional written report concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing.

(Ord. No. 2127, § II, 3-1-04; Ord. No. 2356, § II, 4-2-24)

(a) No hearing to contest an administrative citation before a Hearing Officer shall be held unless the penalty has been deposited in advance in accordance with section 1.30.035(a) or an advance deposit hardship waiver has been filed with and accepted by the Town pursuant to section 1.30.070.

(b) A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this article.

(c) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

(d) The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the penalty and a failure to exhaust the recipient's administrative remedies.

(e) The administrative citation and any additional report submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.

(f) The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the citation prior to issuing a written decision.

(Ord. No. 2127, § II, 3-1-04; Ord. No. 2320, § III, 9-7-21)

(a) After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold or cancel the administrative citation and shall list the reasons for that decision. The decision of the Hearing Officer shall be final.

(b) If the Hearing Officer determines that the administrative citation should be upheld, the Hearing Officer shall impose a penalty not to exceed the maximum provided in the schedule of administrative penalties adopted by the Town Council resolution in effect on the date when the violation occurred. The Town shall retain the penalty amount on deposit with the Town. If the Hearing Officer determines that the administrative citation should be upheld and the penalty was not deposited pursuant to a waiver under section 1.30.075, the Hearing Officer shall set forth in the decision an order for payment of the penalty and a payment schedule for the penalty.

(c) The Hearing Officer may assess administrative costs against the violator when the Hearing Officer determines that a violation has occurred and that compliance was not achieved. Administrative costs may include any and all costs incurred by the Town (both direct and indirect costs) in investigating and commencing administrative proceedings for the violation as well as any and all costs incurred by the Town in connection with the hearing before the Hearing Officer, including but not limited to costs the Enforcement Officer incurred in preparation for the hearing and for participating in the hearing itself, and costs of the Town to conduct the hearing.

(d) Failure to pay administrative penalties and administrative costs in the amounts specified in the administrative Hearing Officer's decision on or before the date specified in that decision shall constitute a violation of this Code punishable as a misdemeanor and shall further be subject to collection and late charges as otherwise provided for administrative penalties herein.

(e) If the Hearing Officer determines that the administrative citation should be cancelled, the Town shall promptly refund the amount of the deposited penalty.

(f) The recipient of the administrative citation shall be served with a copy of the Hearing Officer's written decision.

(Ord. No. 2127, § II, 3-1-04; Ord. No. 2320, § III, 9-7-21)

Any person who fails to pay to the Town any penalty imposed pursuant to the provisions of this article on or before the date that penalty is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of penalties.

(Ord. No. 2127, § II, 3-1-04)

The Town may collect any past due administrative citation penalty, late payment charge and costs of collection by use of any and all available legal means.

(Ord. No. 2127, § II, 3-1-04)

Any person aggrieved by an administrative decision of the Hearing Officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Superior Court in Santa Clara County in accordance with the time lines and provisions set forth in California Government Code section 53069.4.

(Ord. No. 2127, § II, 3-1-04)

Whenever a notice is required to be given under this article, unless different provisions are otherwise specifically made, such notice may be given either by personal delivery to the person to be notified or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at the last-known business or residence address as the same appears in the last equalized county assessment roll or to the records pertaining to the matter to which such notice is directed. Service by mail shall be deemed completed at the time of deposit in the United States mail receptacle is made. Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder.

(Ord. No. 2127, § II, 3-1-04)

(a) Any person who intends to request a hearing to contest an administrative citation, and who is financially unable to make the advance deposit of the penalty as required in section 1.30.035(a), may file a request for an advance deposit hardship waiver which shall include a sworn affidavit as described in subsection (c) below.

(b) The request shall be filed, along with the request for hearing form, with the Town Attorney's Office on an advance deposit hardship waiver application form, available from the Town Clerk's office, within thirty (30) days of the date of the administrative citation.

(c) The Town may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the Town a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the Town Manager the person's actual financial inability to deposit with the Town the full amount of the penalty in advance of the hearing. In determining the cited party's financial ability or inability to deposit the full amount of the penalty in advance, the Town Manager shall consider the amount of the penalty imposed, the income of the cited party, the expenses of the cited party, and any other factors that are reasonably related to the cited party's ability to deposit the full amount.

(d) The requirement of depositing the full amount of the penalty as described in section 1.30.035(a) shall be stayed unless or until the Town makes a full determination not to issue the advance deposit hardship waiver.

(e) If the Town makes a determination to deny the advance deposit hardship waiver application, a written determination listing the reasons for said denial shall be issued. The written determination to deny the waiver shall be final.

(f) The written determination of the Town's denial of the advance deposit hardship waiver shall be served by mail upon the person who applied for the waiver.

(Ord. No. 2127, § II, 3-1-04)