Chapter 8.01 — ADMINISTRATIVE CITATIONS AND PENALTIES

The board of supervisors of the county of Madera finds and declares all of the following:

A.

There is a need to establish various mechanisms for the remediation of violations of county ordinances.

B.

Traditional methods of code enforcement through civil litigation and criminal prosecution are time- consuming and ineffective.

C.

Enforcing the Madera County Code through administrative citations enhances the county's ability to recover its costs and maintain the integrity of the code enforcement system. It also improves the county's ability to impose and collect penalties from violators, which helps to deter future violations.

D.

Pursuant to Section 53069.4 of the California Government Code, the board of supervisors elects to create a system of administrative citations and hearings to ensure prompt and responsive compliance with the Madera County Code and state law.

(Ord. 625 § 2(part), 2007).

This chapter shall be referred to as the "Madera County administrative citation and penalty ordinance."

(Ord. 625 § 2(part), 2007).

This chapter provides for enforcement proceedings that are supplemental to all other enforcement proceedings provided elsewhere in this code, or by state or federal law, whether administrative, civil or criminal in nature. As such, the provisions of this title may be utilized alone or in conjunction with other provisions of this code to enforce the provisions of all titles of this code. This chapter shall not apply to the extent that other provisions of this code state an exclusive remedy within a particular title or chapter. Election to employ one or more proceedings provided in this title shall be at the sole discretion of the

county of Madera, and shall be without prejudice to the county choosing to also proceed simultaneously or subsequently by pursuing different enforcement proceedings with respect to the same violation.

(Ord. 625 § 2(part), 2007).

As used in this chapter:

"Citation" or "administrative citation" means a civil citation issued pursuant to this chapter stating that there has been a violation of one or more provisions of the code and setting the amount of the administrative penalty to be paid by the responsible party.

"Code" means the Madera County Code, including all uniform codes incorporated by reference.

"County" means the county of Madera.

"Days" means calendar days.

"Public official" means the director of animal control, the county engineer, the fire marshal, the director of environmental health, the planning director, the road commissioner, the code enforcement officer, the sheriff, or their designees, or any other individual or body appointed by the board of supervisors to enforce codes and which is authorized to administer this chapter.

"Responsible party" means an individual, association, partnership, political subdivision, government agency, municipality, limited liability company, public or private corporation, firm, organization, joint venture or any other entity whatsoever whose action or actions caused or contributed to violations of codes specified in this chapter. "Responsible party" also includes property owners and lessees.

"Year" means three hundred sixty-five consecutive days.

(Ord. 625 § 2(part), 2007).

A.

Any responsible party violating any provision of the code may be issued an administrative citation by a public official or the board of supervisors in accordance with the provisions of this chapter.

B.

Each and every day a violation of the provisions of the code exists constitutes a separate and distinct offense and shall be subject to citation.

C.

The public official may issue a citation for a violation not committed in the official's presence, if the public official has determined through investigation that the responsible party did commit or is otherwise responsible for the violation.

D.

Unless provided otherwise in this code, administrative penalties for the violation of any ordinance which would be punishable as an infraction shall be assessed as follows:

Except as provided in subsection (D)(2) below, a penalty not exceeding one hundred dollars for a first violation; a penalty not exceeding two hundred dollars for a second violation of the same ordinance within one year from the date of the first violation; and a penalty not exceeding five hundred dollars for each additional violation of the same ordinance within one year from the date of the first violation;

A violation of any local building and safety code shall be punishable by a penalty not exceeding one hundred dollars for a first violation; a penalty not exceeding five hundred dollars for a second violation of the same ordinance within one year from the date of the first violation; and a penalty not exceeding one thousand dollars for each additional violation of the same ordinance within one year from the date of the first violation.

E.

Unless provided otherwise in this code, administrative penalties for the violation of any ordinance which would be punishable as a misdemeanor shall be assessed as follows: A penalty not exceeding two hundred fifty dollars for the first violation; a penalty not exceeding five hundred dollars for the second violation of the same ordinance within one year from the date of the first violation; and a penalty not exceeding one thousand dollars for each additional violation of the same ordinance within one year from the date of the first violation. Except as specified in subsection F of this section, upon issuance of the administrative citation, the administrative penalty shall be due immediately.

F.

Where the administrative citation is issued for a violation the administrative penalty is required as follows:

If a responsible party fails to correct any violation after the administrative citation is served under Section 8.01.080, the administrative penalty shall become effective and due immediately.

The administrative penalty, or any portion thereof, for a violation which has become effective may be waived by the public official in his sole discretion only if the responsible party corrects the violation in accordance with conditions established by the public official.

G.

Any responsible party violating Chapter 18.87 relating to marijuana, shall be subject to the penalties set forth in that chapter.

(Ord. No. 687, § 1 (Exh. A), 11-21-17; Ord. No. 625B, 4-21-15; Ord. No. 625A, 8-12-14; Ord. 625 § 2(part), 2007).

A.

The administrative citation shall be issued on a form containing:

The name and address of the responsible party and, if applicable, the physical address of the property or location where the violation exists or occurred;

A statement of the acts, events or conditions which resulted in a violation of the code, including a reference to the appropriate title and chapter and the date of occurrence of the violation(s) included within the citation;

The amount of the administrative penalty imposed by the citation;

A statement explaining how, where, to whom, and within what number of days the penalty shall be paid;

In the case of a continuing violation not creating an immediate threat to health and safety, the number of days provided to correct the violation prior to the administrative penalty becoming effective;

Identification of appeal rights, including the time within which the administrative citation may be contested and how to contest the citation;

The signature of the public official issuing the citation along with the date of issuance of the citation; and

The administrative citation shall be served upon the responsible party.

B.

Service of an administrative citation may be made upon the responsible party either by personal delivery or by first class mail, postage prepaid, return receipt requested, and shall be deemed completed when it is

personally delivered to the responsible party, or, if mailing is used, five days after deposit in the mail for mailing to an address within California or ten days after deposit for mailing to an address outside California.

C.

In lieu of personally serving the responsible party by personal delivery or first class mail, postage prepaid, service of the administrative citation and any amended or supplemental citation may be made by substituted service using the methods described in Sections 415.20 through 415.95 of the California Code of Civil Procedure.

D.

Failure of any responsible party to receive such administrative citation shall not affect the validity of any proceedings taken under this section against any other responsible party who has received such a citation.

(Ord. 625 § 2(part), 2007).

Any person disputing the issuance of an administrative citation may contest the citation by completing a request for hearing form, in a format to be prepared by the community and economic development department, and returning it to the address stated on the form within ten days from the date of issuance of the administrative citation. The time requirement for filing a request for hearing form shall be deemed jurisdictional and may not be waived.

(Ord. No. 625C, § 1, 5-22-18; Ord. No. 625A, 8-12-14; Ord. 625 § 2(part), 2007).

Editor's note— Ord. No. 625C, § 2, adopted May 22, 2018, repealed § 8.01.080, which pertained to hardship waiver for payment of advance deposit and derived from Ord. No. 625, 2007.

A.

The director of the department issuing the administrative citation shall contract with an agency or entity to provide professional services to preside at the hearing and hear all facts and testimony presented and deemed appropriate. Such agencies or entities and their personnel shall be designated as "hearing officers."

B.

The employment, performance, evaluation, compensation, benefits of the hearing officer, if any, shall not be directly or indirectly conditioned on or in any way related to the results or prior decisions issued by that hearing officer.

C.

Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest or for any other reason for which a judge may be disqualified pursuant to Section 170.1 of the California Code of Civil Procedure. The responsible party may challenge the hearing officer's impartiality by filing a statement with the director of the department issuing the administrative citation objecting to the hearing officer and setting forth grounds for disqualification. The question of disqualification shall be heard and determined in writing by the department director or his or her designee within ten days following the date which the disqualification statement is filed.

(Ord. 625 § 2(part), 2007).

A.

No hearing to contest an administrative citation before a hearing officer shall be held unless a request for hearing form has been completed and timely submitted.

B.

A hearing before the hearing officer shall be set for a date that is not less than twenty days but no more than ninety days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The responsible party requesting the hearing shall be notified of the time and place set for hearing at least ten days prior to the date of the hearing.

C.

The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the recipient of the administrative citation has caused or maintained the violation(s) on the date(s) specified in the administrative citation.

D.

Any administrative hearing conducted pursuant to this chapter need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will cause undue consumption of time. Personal information about any reporting party related to the violation(s) shall not be disclosed.

E.

The hearing officer may continue the hearing as necessary.

F.

The failure of a responsible party to appear at the administrative citation hearing, after receiving notice of the hearing, shall constitute a forfeiture of the fine and be deemed a failure to exhaust administrative

remedies.

(Ord. No. 625C, § 3, 5-22-18; Ord. 625 § 2(part), 2007).

A.

Within ten days of the conclusion of the hearing, the hearing officer shall provide the responsible party with a written decision known as an "administrative order." The hearing officer shall serve the administrative order on the responsible party by personal service or registered or certified mail at the responsible party's last known address.

B.

The administrative order shall contain the hearing officer's findings of fact and conclusions and a statement regarding the procedure described in Section 8.01.120 for seeking judicial review. The decision of the hearing officer shall be final.

C.

A decision in favor of the responsible party shall constitute a dismissal of the ordinance violation(s) administrative penalty and the county shall return any moneys paid by the responsible party.

D.

If the hearing officer renders a decision in favor of the county, the responsible party must comply with the administrative order, including payment of any administrative penalty.

(Ord. No. 625D, § 1, 8-1-23; Ord. No. 625C, § 4, 5-22-18; Ord. 625 § 2(part), 2007).

Pursuant to Section 1085 of the Code of Civil Procedure, any person who has been named in an order issued pursuant to this chapter, may, following exhaustion of administrative remedies, seek judicial review of the order by filing a petition for writ of mandate within ninety days after the order becomes final and binding pursuant to this chapter. Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, any person who contests the final administrative order issued under this chapter regarding the imposition, enforcement or collection of the administrative penalties imposed may seek judicial review of the order by filing an appeal with the superior court within twenty days after service of the order in accordance with Section 53069.4 of the Government Code. Any other person who has the right to seek judicial review of the order by filing a petition for writ of mandate pursuant to Section 1085 of the Code of Civil Procedure shall do so within one hundred eighty days after the order has become final and binding pursuant to this chapter. The filing of a petition for writ of mandate to review the order shall not stay any action specified in the order.

(Ord. No. 625D, § 2, 8-1-23; Ord. No. 625C, § 5, 5-22-18; Ord. 625 § 2(part), 2007).

A.

In the event the responsible party fails to pay the administrative penalty when due, the county may take any actions permitted by law or ordinance to collect the unpaid penalty, which shall accrue interest at a rate of ten percent per year, commencing thirty days after the administrative penalty becomes due and continuing until paid.

B.

In the event a civil action is commenced to collect the administrative penalty, the county shall be entitled to recover all costs associated with the enforcements, investigation, establishment and collection of the penalty. Costs include, but are not limited to, staff time and costs incurred in the enforcement, investigation, establishment and the collection or processing of the penalty and those costs set forth in Sections 685.010 et seq. and 1033.5 of the California Code of Civil Procedure. Collected fines or late payment charges, excluding collections costs, shall be deposited into the issuing department's code enforcement account.

C.

The amount of any unpaid administrative penalty, plus any other costs as provided in this chapter, may be declared a lien on real property owned by the responsible party within the county as follows:

Notice shall be given to the responsible party prior to the recordation of the lien, and shall be mailed by first class mail, postage prepaid, to the last known address; and

When the public official records a lien listing delinquent unpaid administrative penalties with the county clerk-recorder's office, the lien shall specify the amount of the lien, the date of the code violations, the date of the final administrative decision, the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed, and the name of the owner of the parcel according to the last equalized assessment roll; and

In the event that the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge and release of the lien shall be prepared by the public official.

D.

The amount of the unpaid administrative penalty, plus any other costs as provided by this chapter, may be declared a special assessment against any real property owned by the responsible party and located within the county. The board of supervisors may impose the special assessment on one or more parcels. The amount of the assessment shall not exceed the amount of administrative penalty imposed for the violation, plus any cost authorized by other chapters of this code. The public official may present a resolution to the board of supervisors to declare a special assessment, and, upon passage and adoption thereof, shall cause a certified copy to be recorded with the county clerk-recorder's office. The assessment may then be

collected at the same time and in the same manner as ordinary taxes are collected, and shall be subjected to the same penalties and the same procedure and sale in the case of delinquency as provided for ordinary property taxes.

E.

The county may withhold issuance of licenses, permits and other entitlement for any property whenever an administrative penalty resulting from a code violation on that property remains unpaid or the owner of the property has outstanding, unpaid administrative penalties for violations of the code.

F.

The county may take any action permitted for enforcement of a civil money judgment pursuant to Section 680.010 et seq. of the California Code of Civil Procedure.

G.

Administrative penalties that are not associated with real property and unpaid within the prescribed time may be recorded with the county clerk-recorder as an unsecured lien against the name of the violator and/or with the California Franchise Tax Board "Inter-Agency Offset Program" pursuant to Section 12419.10 of the California Government Code without further hearing. Unsecured liens shall be subject to all other means of debt collection as allowed by law.

(Ord. 625 § 2(part), 2007).

If any clause, provision, sentence or paragraph of this chapter, or the application thereof, is deemed to be invalid as to any person, entity, establishment, or circumstance, such invalidity shall not affect the other provisions of this chapter which still remain in effect, and to its end, it is declared that the provisions of this chapter are severable.

(Ord. 625 § 2(part), 2007).